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HomeMy WebLinkAbout09-01-2020 SPECIAL SESSION AGENDAS CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0-141A4ltigc MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 p o44 G , JESSICA P.ABBOTT Kempsville—District 2 °b 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 U _,,y' : BARBARA M.HENLEY,Princess Anne—District 7 • • LOUIS R.JONES,Bayside—District 4 %4. • •? JOHND.MOSS,At Large ''*, •`• AARONR.ROUSE,At Large ` our .o,04, GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINL4 BEACH, VIRGINL4 23456-9005 PHONE:(757)385-4303 CITY MANAGER—PATRICK A.DUHANEY FAX(757)385-5669 CITY ATTORNEY—MARK D.STILES E-MAIL:CITYCOUNCIL@vbgov.com CITY ASSESSOR—RONALDD.AGNOR CITY COUNCIL SPECIAL SESSION AGENDA CITY AUDITOR—LYNDONS.REMIAS CITY CLERK—AMA NDA BARNES September 1,2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - Virginia Beach Convention Center-3:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. ELECTION COUNTDOWN Donna Patterson, General Registrar—Voter Registration & Elections B. FEMA ELEVATION GRANTS,NEW PARCEL LEVEL MITIGATION PLAN and HAZARD MITIGATION PLAN UPDATES Kim Tempesco, Senior Emergency Planner—Office of Emergency Management C. CARES ACT UPDATE Kevin Chatellier, Director—Budget and Management Services III. CITY COUNCIL LIAISION REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. RECESS TO CLOSED SESSION - Virginia Beach Convention Center— 5:00 PM VII. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION VIII. ADJOURNMENT . Li city of vir-giro seach a tz r' o�q� trj EGt 4s of OUR NAj1O ROBERT M.°BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23458-9000 (757)3854581 FAX(757)3855899 BDYERBVBGOV.COM August 27, 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,September 1,2020 3:00 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 liaison reports, City Council comments, and agenda review, at the Virginia Beach Convention Center. At 5:00 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, �jrec� Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office CITY OF VI aGINIA - EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 O4 JESSICA P.ABBOTT,Kempsville—District 2 % __ F.MICHAEL BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne District 7 U i, `` LOUIS R.JONES,Bayside—District 4 JOHN D.MOSS,At Large AARONR.ROUSE,At Large '°• °°, ,..°"� 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 CITYATTORNEY—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 September 1,2020 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 PLANNING COMMISSION AND CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA MINUTES SPECIAL SESSION August 25, 2020 JOINT SPECIAL SESSION August 25, 2020 E. PUBLIC HEARINGS 1. POLLING PLACE CHANGES a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Satellite Locations for Absentee Voting d. Stratford Chase Precinct to Kempsville Area Library F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 and 10-1.1 re polling place changes/locations a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Set locations for satellite absentee voting at Bayside Recreation Center, Great Neck Recreation Center, Seatack Recreation Center, and Treasurer's Office Kempsville d. Stratford Chase Precinct to Kempsville Area Library 2. Ordinances to AMEND City Code Section; a. 2-226 and REPEAL Section 2-227 re depositories and safe deposit boxes b. 2-3 re term limits for boards and commission members 3. Resolution to DIRECT the City Manager to REESTABLISH a Resort Management Office and address Resort Area Initiatives (Requested by Mayor Dyer and Council Members Abbott, Moss, Rouse, Tower, Wilson and Wooten) 4. Resolution to APPROVE a contract extension between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 5. Ordinance to ESTABLISH CIP# 100533 "CIT-Next Generation 911" and TRANSFER $1,561,397 from CIP# 3-619 re 911 system upgrade 6. Resolution to SUPPORT the City's 2020 Project Applications to the Virginia Department of Transportation(VDOT) SMART SCALE Program 7. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2020A, in a maximum principal amount of$90-Million, and Storm Water Utility Refund Revenue Bonds, Series 2020B, in a maximum principal amount of$17.5-Million, PROVIDE for the form, details and payments thereof to finance and refinance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such financing H. PLANNING 1. KIM WILKINS for a Conditional Use Permit re short term rental at 1125 Pond Cypress Drive DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 2. JAMES E. DODD for a Conditional Use Permit re short term rental at 2305 Oak Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 3. GEOFFREY WHITESIDE for a Conditional Use Permit re short term rental at 131 South Thalia Road DISTRICT 5 —LYNNHAVEN (Deferred from July 28, 2020) STAFF RECOMMENDATION: APPROVAL 4. DAVID LUCAS for a Conditional Use Permit re short term rental at 505 Barberton Drive DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 5. CURTIS JORDAN for a Conditional Use Permit re short term rental at 629 Surfside Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 6. 510 HOLDING,LLC /SANDRA L. BORTE for Conditional Use Permits re short term rental at 510 18th Street: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 7. 510 HOLDING, LLC for Conditional Use Permits re short term rental at 508 18th Street: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 8. NICHOLAS SANTIAGO for a Conditional Use Permit re short term rental at 905 12th Street DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL I. 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 PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes *********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. off ` . Li ty/ 4:71- r i I"11 cl E3 � � a Lac ` .fs '' ligov.ci pm ROBERT M.'BOBBY"DYER MUNICPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)3855699 BDYERaVBGOV.COM August 27, 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,September 1, 2020 6:00 P.M. Virginia Beach Convention Center 100019th 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 Hearing and consider the Ordinances/Resolutions 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: https://vhgov.icehex.com/vbgov/onstage/g.php?MTID=e26e23d81 b11192a820eab81f9bc73b5d •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbEov.com prior to 5:00 p.m. on September 1, 2020 This Joint Special Formal Session will be streamed live on n-n w.vhgov.coin 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 C:itvCouncilga,vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FO/A Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer -Virginia Beach Convention Center-3:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. ELECTION COUNTDOWN Donna Patterson, General Registrar—Voter Registration& Elections B. FEMA ELEVATION GRANTS, NEW PARCEL LEVEL MITIGATION PLAN and HAZARD MITIGATION PLAN UPDATES Kim Tempesco, Senior Emergency Planner—Office of Emergency Management C. CARES ACT UPDATE Kevin Chatellier, Director—Budget and Management Services III. CITY COUNCIL LIAISION REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. RECESS TO CLOSED SESSION - Virginia Beach Convention Center— 5:00 PM VII. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION VIII. 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 PLANNING COMMISSION AND CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA MINUTES SPECIAL SESSION August 25, 2020 JOINT SPECIAL SESSION August 25, 2020 E. PUBLIC HEARINGS 1. POLLING PLACE CHANGES a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Satellite Locations for Absentee Voting d. Stratford Chase Precinct to Kempsville Area Library rrP�tNv`'BEtc ep .' •l PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATIONS FOR THE POINT O'VIEW PRECINCT AND CROMWELL PRECINCT AND TO SET THE LOCATIONS FOR SATELLITE ABSENTEE VOTING The City Council of Virginia Beach, Virginia at its formal session on September 1,2020 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling location for the Point O'View Precinct and the Cromwell Precinct. The ordinance will also establish the locations for satellite absentee voting.The public hearing will be held at the Virginia Beach Convention Center, 1000 19th Street, Virginia Beach,VA 23451, If adopted,the new polling location for the Point O'View Precinct would be Point O'View Elementary School and the new polling location for the Cromwell Precinct will be Landstown High School. The satellite absentee voting locations will be: Bayside Recreation Center; Great Neck Recreation Center; Seatack Recreation Center; and the Treasurer's Office Kempsville. A copy of the aforesaid ordinance and related maps may be inspected in the Voter Registration&Election's Office, which is located at 2449 Princess Anne Road,Municipal Center, Building 14,Virginia Beach, Virginia,23456. The addresses and maps of referenced locations may also be inspected at the same Office. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TDD only 711(TDD - Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing. please follow the two-step process provided below: •Register for the WebEx at: htlus:/iv gcv.webex.cuiii/vbgovzcic (age/g.oho?MTID=e26e23d81b11) 92a820eab81f9bc73b5d •Register with the City Clerk's Office by calling(757)385-4303 or via email atABarnes@vbgov.com prior to 5:00 p.m.on September 1,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:August 23 and 30,2020 �pG�etu�set''� ro,„,... .,.,,,,,,,„ „5, 4K° ,. „..... l ^'q�u. I'°tJ a , J ,.„.„. PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE STRATFORD CHASE PRECINCT The City Council of Virginia Beach, Virginia at its formal session on September i,2020 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling location for the Stratford Chase Precinct. The public hearing will be held at the Convention Center,1000 19^ Street. Virginia Beach, VA 23451. If adopted,the new polling location for the Stratford Chase Precinct would be Kempsville Area Library. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registration & Election's Office, which is located at 2449 Princess Anne Road,Municipal Center, Building 14,Virginia Beach, Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call: TDD only 711(TDD- Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing. please follow the two-step process provided below: •Register for the WebEx at httos://vbgov.webex.com/vbgov/ons Cage/g.ohD?MTID=e26e23d81b111 92a820eab81f9bc7345d •Register with the City Clerk's Office by calling(757)385-4303 or via email at, prior to 5:00 p.m.on September 1,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk PILOT:August 23 and 30,2020 F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 and 10-1.1 re polling place changes/locations a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Set locations for satellite absentee voting at Bayside Recreation Center, Great Neck Recreation Center, Seatack Recreation Center, and Treasurer's Office Kempsville d. Stratford Chase Precinct to Kempsville Area Library 2. Ordinances to AMEND City Code Section; a. 2-226 and REPEAL Section 2-227 re depositories and safe deposit boxes b. 2-3 re term limits for boards and commission members 3. Resolution to DIRECT the City Manager to REESTABLISH a Resort Management Office and address Resort Area Initiatives (Requested by Mayor Dyer and Council Members Abbott, Moss, Rouse, Tower, Wilson and Wooten) 4. Resolution to APPROVE a contract extension between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 5. Ordinance to ESTABLISH CIP# 100533 "CIT-Next Generation 911" and TRANSFER $1,561,397 from CIP# 3-619 re 911 system upgrade 6. Resolution to SUPPORT the City's 2020 Project Applications to the Virginia Department of Transportation(VDOT) SMART SCALE Program 7. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2020A, in a maximum principal amount of$90-Million, and Storm Water Utility Refund Revenue Bonds, Series 2020B, in a maximum principal amount of$17.5-Million, PROVIDE for the form, details and payments thereof to finance and refinance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such financing sC s, it A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Locations for the Point O'View Precinct, the Stratford Chase Precinct, and the Cromwell Precinct and to Amend Section 10-1.1 of the City Code to Set the Locations for Satellite Absentee Voting MEETING DATE: September 1, 2020 Background: On June 23, 2020, the Virginia Beach Electoral Board ("Electoral Board") voted to move the Point O'View Precinct polling location. On August 25, 2020, the Electoral Board voted to move the Cromwell Precinct and Stratford Chase Precinct polling locations. These decisions were required because the former location no longer desired to be a polling location. The new polling location for the Point O'View Precinct will be at Point 0' View Elementary School, located at 5400 Parliament Drive, which is next door to the old polling location. The new polling location for the Stratford Chase Precinct will be the Kempsville Area Library, located at 832 Kempsville Road. The new polling location for the Cromwell Precinct will be Landstown High School, located at 2051 Concert Drive. Additionally, a change in state law requires the City Council establish the locations for satellite absentee voting. While absentee voting is conducted at the office of the Voter Registrar at the Municipal Center, these satellite locations allow in-person absentee voting prior to the date of the November election and include required hours on Saturdays. The four proposed locations are: Bayside Recreation Center, 4500 First Court Road, 23455 Great Neck Recreation Center, 2521 Shorehaven Drive, 23454 Seatack Recreation Center, 141 S. Birdneck Road, 23451 Treasurer's Office Kempsville, 5340 Fairfield Shopping Center, 23464 • Considerations: The three proposed polling locations meet the Americans with Disabilities Act requirements, as do the satellite locations. Upon approval by the City Council, the new polling locations and satellite absentee voting locations will be available for the November General and Special Elections. Polling location changes are not permitted within 60 days of an election, and September 1st is 62 days before the November General and Special Elections. An ordinance to establish the Point O'View Precinct polling location was originally scheduled for the August 4, 2020 City Council meeting, but due to Tropical Storm Isaias, that meeting was cancelled. • Public Information: As required by Virginia Code § 24.2-306(B), notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. Due to timing and publication deadlines, the Point O'View and Cromwell public notice was published in the Beacon, and the Stratford Chaise public notice was published in the Virginian-Pilot. All registered voters within the election district will receive a new voter notice identifying the name and address of the new polling location. Additionally, an advertisement will be placed in the newspaper prior to the November General and Special Elections. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Maps (3) Recommended Action: Approval i1 Submitting Department/Agency: Department of Elections/General Registrar (t141 City Manager:019 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATIONS FOR THE 3 POINT O'VIEW PRECINCT, THE STRATFORD CHASE 4 PRECINCT, AND THE CROMWELL PRECINCT AND TO 5 AMEND SECTION 10-1.1 OF THE CITY CODE TO SET THE 6 LOCATIONS FOR SATELLITE ABSENTEE VOTING 7 8 SECTIONS AMENDED: §§ 10-1 & 10-1.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 Sections 10-1 and 10-1.1 of the City Code are hereby amended and reordained to 14 read as follows: 15 16 Sec. 10-1. Establishment of precincts and polling places. 17 18 There are hereby established in the city the following precincts and their respective 19 polling places, as set forth below: 20 21 Precinct Polling Place 22 23 Alanton Alanton Elementary School 24 Aragona Bayside Sixth Grade Campus 25 Arrowhead Arrowhead Elementary School 26 Avalon Woodstock Elementary School 27 Baker Ebenezer Baptist Church 28 Bayside Bayside Elementary School 29 Bellamy Salem Middle School 30 Blackwater Blackwater Fire Station 31 Bonney Discovery Church 32 Brandon Brandon Middle School 33 Brookwood Brookwood Elementary School 34 Buckner Green Run Baptist Church 35 Cape Henry Research and Enlightenment Building (Edgar 36 Cayce Library) 37 Capps Shop Back Bay Christian Assembly 38 Centerville Centerville Elementary School 39 Chesapeake Beach Bayside Baptist Church 40 Chimney Hill Rosemont Elementary School 41 College Park College Park Elementary School 42 Colonial Colonial Baptist Church 43 Colony Lynnhaven Colony Congregational Church 44 Corporate Landing Corporate Landing Middle School 45 Courthouse Kellam High School 46 Creeds Oak Grove Baptist Church 47 Cromwell Landstown High School 48 49 Culver Ocean Lakes High School 50 Dahlia Green Run High School 51 Dam Neck Corporate Landing Elementary School 52 Davis Corner Bettie F. Williams Elementary School 53 Eastern Shore Eastern Shore Chapel 54 Edinburgh St. Aidan's Episcopal Church 55 Edwin Kempsville Middle School 56 Fairfield Kempsville Presbyterian Church 57 Foxfire Wave Church 58 Glenwood Glenwood Elementary School 59 Great Neck All Saints Episcopal Church 60 Green Run Green Run Elementary School 61 Haygood Haygood United Methodist Church 62 Hillcrest New Castle Elementary School 63 Holland Holland Elementary School 64 Homestead Providence Presbyterian Church 65 Hunt Princess Anne Recreation Center 66 Independence Water's Edge Church 67 Indian Lakes Indian Lakes Elementary School 68 Indian River San Lorenzo Spiritual Center 69 Kings Grant St. Nicholas Catholic Church 70 Kingston King's Grant Presbyterian Church 71 Lake Christopher New Covenant Presbyterian Church 72 Lake Joyce Morning Star Baptist Church 73 Lake Smith Bayside Church of Christ 74 Landstown Landstown Community Church 75 Larkspur St. Andrews United Methodist Church 76 Lexington Larkspur Middle School 77 Linkhom Virginia Beach Community Chapel 78 Little Neck Lynnhaven United Methodist Church 79 London Bridge London Bridge Baptist Church 80 Lynnhaven Cape Henry Church 81 Magic Hollow Virginia Beach Moose Family Center 82 Malibu Malibu Elementary School 83 Manor Providence Elementary School 84 Mt. Trashmore Windsor Woods Elementary School 85 Newtown Good Samaritan Episcopal Church 86 North Beach Galilee Episcopal Church 87 North Landing Hope Haven 88 Ocean Lakes Ocean Lakes Elementary School 89 Ocean Park Bayside Community Recreation Center 90 Oceana The Gathering at Scott Memorial United 91 Methodist Church 92 Old Donation Calvary Baptist Church 93 Pembroke Pembroke Elementary School 94 Pinewood Lynnhaven Presbyterian Church 95 Plaza Lynnhaven Elementary School 96 Pleasant Hall Emmanuel Episcopal Church 97 Point O'View Point O'View Elementary School 98 99 Red Wing Seatack Elementary 100 Rock Lake Salem Elementary School 101 Rosemont Forest Rosemont Forest Elementary School 102 Roundhill Salem High School 103 Rudee W. T. Cooke Elementary School 104 Salem Woods Parkway Elementary School 105 Sandbridge Tabernacle United Methodist Church 106 Seatack Mount Olive Baptist Church 107 Shannon Church of the Ascension 108 Shelbume Christopher Farms Elementary School 109 Shell Unity Church of Tidewater 110 Shelton Park Shelton Park Elementary 111 Sherry Park St. Matthews Catholic Church 112 Sigma Red Mill Elementary School 113 South Beach Contemporary Art Center of Virginia 114 Stratford Chase Kempsville Area Library 115 116 Strawbridge Strawbridge Elementary School 117 Tallwood Tallwood Elementary School 118 Thalia Thalia Elementary School 119 Thoroughgood Independence Middle School 120 Timberlake White Oaks Elementary School 121 Trantwood Great Neck Baptist Church 122 Upton Three Oaks Elementary School 123 Village Thalia Lynn Baptist Church 124 Windsor Oaks Windsor Oaks Elementary School 125 Witchduck Bayside Presbyterian Church 126 Wolfsnare Virginia Beach Christian Life Center 127 Central Absentee Voter AgricultureNoter Registrar Building 128 Precinct 129 130 131 Sec. 10-1.1. — Satellite absentee voting locations; notice. 132 133 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used in the 134 city for absentee voting in person are the following locations: 135 Bayside Recreation Center, 4500 First Court Road 136 Great Neck Recreation Center, 2521 Shorehaven Drive 137 Seatack Recreation Center, 141 S. Birdneck Road 138 Treasurer's Office Kempsville, 5340 Fairfield Shopping Center 139 140 141 142 143 144 145 {) The general registrar shall provide notice of such absentee voting locations at the 146 office of the voter registrar and at the voter registrar's website. Such notice will include 147 information regarding what time the location is available for in-person absentee voting 148 and other pertinent details. 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: (-4,49/ei '_, :..j0 ter Registrar City Att y's Office CA15124 R-3 August 20, 2020 Map: Stratford Chase -�.- .GLrCO Cr Ken, , tona.chur51?nt. k"Y' z. ry .. Kan ps+028 Fef. ,.-.. t _ r_a k D, :71s r-MtU�S Rv Pres eauan a��� ciir Yeh'ae71 /j it �Ker-�,�j T vam. lt-'01it) r/fill/tU C�K larA Cen S na L . enee Ko villa PWA gCKE IN c i.-.i Y, [b -J Cq �.1 053 I17CIt+r;A/ ?< tioeeter n a>� O Mq NUh,rrA, L48 i - Bell ',nor 4(,"'Oh, Kemp a,{tle MS 027 Edwin *I1 r:Lil• nin K'4 r 13, r 4 'yc " ', - Providence ES a r 05$,.Manor , ttt;rc.. z, r Cn. of cod' �. J kor., Y CO Timunity united Medi al,t Churcft051 `atfot d 051 Se atterd Cna::e =x y140 r Z f. Move Stratford Chase Polling Place from Community United Methodist Church to Kempsville Area Library. MAP: Point O'View Polling Location i • H --- . ..,, i— ' . - • i__ A Of °9 q�5yE .Nf e r ,- E► M a s ,,4 e s 1 1 Y ����p� Chord,of Chtlst t, ; '1tCtiwc O'New ` Cs t le ac J f ` -if f J - r a, 1,14 ifip, Huntington r i .� _l t _ t : 11 Estates - ;4` 1,'•q1\ Pwn:3 view i Zr Move Point O'View Precinct Polling Place from Kempsville Church of Christ to Point O'View Elementary School. Map: Cromwell Polling Location .„...a.,';,;r.• _ •.. tram ngnar _ \Education Center,`x e` DRY+DFtJ Rock Creek (,off 074 OparaUons -' iarid5bhn 081 Filth drool r,er\i'Vttr',:% ,5•. Landstawn 099 Y i; Court loll :_,� i or l •.�x rn t•; :afar f Fr f 4ia�. Park :' . ,�h 1 '''''''rest r ry Cc - 2,-y Princete utr Anna Park Bantam Prates \\\\ Anna AtadcalC� ter kim S Sakm Salem SalO$l Rock.La- Lakes Lakes r,r,y_i -cd peal Pkvy Colonial It: Park ` Grove �{ el Memorial -1• , Park tamale g `� Lrk Sta em,UMed Methodist-Churdt > 054 Cromwell <cot, IkrmpkeRoad. aA *!( '� Scorer-ami-1nx �ftneri to Salem Lakes South Bellwood :c Meadows =k ri, :Ito,.,,, _ ` "... 0.10 iy 2 New Castle New Castle Elementary School , r nk„Ca_087 Hillaest F. o'` Qirl E dip Bellwood - �� .`.4- ` Estates', c am •v , , Village Bend s t,a �l G S r ...n,,,. . US F eki Frr-ec: Hockey 4 5ce Arhlrr C.ample e Yl Salem A• es Prima,Anne ltik League Highland Parish ,b:l D87 Highland Meadows Highland Acres Dewberry t,. •'1 F arm ' Move precinct 054,Cromwell, From Salem United Methodist Church to Landstown High School. u %> ,f6(C4 ,yprti,. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 2-226 of the City Code Regarding City Depositories and to Repeal Section 2-227 Regarding Safe Deposit Boxes MEETING DATE: September 1, 2020 • Background: The City Charter makes the City Treasurer the custodian of all public monies of the City. The manner of holding and investing these funds is regulated primarily by the Virginia Code. Chapter 44 of Title 2.2 of the Virginia Code provides the regulations for public deposit institutions. Chapters 45 and 46 of Title 2.2 of the Virginia Code provide the regulations for the investment of public funds. The City Code provides a list of fourteen banks to be used for deposits, and this list includes a number of banks that have merged or gone out of business. This list was last updated in 1999. The City Code separately includes a requirement that the "securities and other papers of the various funds of the City" be placed in a safe deposit box in banks located in the City. This provision reflects a different time and public finance environment. Today, almost all securities are issued digitally, and the requirement to place such instruments in a safe deposit box is unnecessary. • Considerations: The City Treasurer requests removal of the list of specific deposit banks from the City Code. This amendment would retain the requirement that the City Treasurer adhere to the generally applicable laws governing deposits of public funds provided by the Virginia Code. Also, the City Treasurer requests removal of the section requiring securities to be deposited in safe deposit boxes. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; Letter from City Treasurer (dated August 21, 2020) Requested by City Treasurer City Manager: OP 1 AN ORDINANCE TO AMEND SECTION 2-226 OF THE CITY 2 CODE REGARDING CITY DEPOSITORIES AND TO 3 REPEAL SECTION 2-227 REGARDING SAFE DEPOSIT 4 BOXES 5 6 SECTION AMENDED: 2-226 7 SECTION REPEALED: 2-227 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 Section 2-226 of the City Code is hereby amended and reordained and Section 2- 13 227 of the City Code is hereby repealed as follows: 14 15 Sec. 2-226. - City depositories generally. 16 17 (a) The city treasurer is authorized to deposit or cause to be deposited all funds 18 of the city in any of the following listed banks or savings and loan associations: 19 20 (1) Bank of the Commonwealth; 21 22 (2) First Union; 23 24 (3) Wachovia; 25 26 ('1) BB&T; 27 28 (5) Centura; 29 30 (6) First Virginia Bank of Tidewater; 31 32 (7) Bank of America; 33 34 (8) Crestar Bank; 35 36 (9) Cenit Bank for Savings, SFB; 37 38 (10) Bank of Tidewater; 39 40 (11) Bank of Hampton Roads; 41 42 (12) Resource Bank; 43 44 (13) Community Bank; 45 46 (14) TowneBank. 47 48 (b) No 49 fef bank or savings and loan association that is eligible 50 to hold public deposits in compliance withha-s-complied-with the Virginia Security for 51 Public Deposits Act, as amended, and other provisions of state law. 52 53 54 SSec.2 227. Safe deposit boxe for-secure . 55 56 s-ef the e4 57 of-#he city treaur r� shall-be-depo ' -oity- 58 The-opefg conteRts 59 dcmand a , 60 treasurer. 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- . h Treasurer's Office City A s O ce CA14967 R-1 August 21, 2020 4 z City of Vfp irginia Beach MIMICIPAI CENTER.BUILDING I `� - P tam COURTHOUSE DRIVE Zp"d ' .�.,� a•}?.rjj', VIRGINIA BEACH,VIRGINIA 23450 9018 4�+II� •, (/57)38S3445 ;: �iF@R32 ama4i e�6 /lot OUR 440,114 V.i SIGH HENDERSON TREASURER Friday, August 21, 2020 The Honorable Robert M. Dyer, Mayor Members of the Virginia Beach City Council Subject: Proposed edits to City Code §§ 2-226 and 2-227 Dear Honorable Mayor and Members of Council, I have requested the Office of the City Attorney draft a proposed ordinance that I intend to request be placed on your agenda in September. I wanted to send you this letter providing the rationale for the proposed changes and to allow you the opportunity to ask questions of me prior to its placement on your agenda. The first edit is to remove the separately listed banks in City Code§2-226. The last time this list of banks was addressed by the City Council was December 1999. In the intervening twenty years, many of the banks have merged or been acquired. The City Treasurer is required to deposit public funds in accordance with the Virginia Security for Public Deposits Act. State Code §2.2-4400 provides the regulations for public deposit institutions. The second edit is to remove a provision that speaks of security deposit boxes for securities and other papers. This language in City Code § 2-227 is outdated and unnecessary. The City Treasurer takes appropriate steps,consistent with the City Charter making the City Treasurer the custodian of public funds, without use of security deposit boxes. If you have any questions, please feel free to reach out to me. Sincerely, Leigh Henderson City Treasurer roS ,:„ CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend City Code Section 2-3 Pertaining to Term Limits for Board and Commission Members MEETING DATE: September 1, 2020 • Background: The City Council has created several dozen boards and commissions that advise the Council and the City Manager, and the members of those boards and commissions generally are appointed to fixed terms which are subject to reappointment term limits based on the length of the terms. Occasionally, there is a need to appoint members to additional terms beyond the term limits when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. • Considerations: This ordinance would amend the City Code to authorize the City Council to reappoint a person to one or more additional terms beyond the term limits established for the member's board or commission when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-3 PERTAINING TO TERM LIMITS FOR BOARD 3 AND COMMISSION MEMBERS 4 5 Sec. 2-3. - Limitation on terms of members of boards and commissions; 6 appointment of such members. 7 8 (a) Any person appointed to a board or commission of the city shall be limited to: 9 (1) Eight (8) consecutive one-year terms. 10 (2) Four (4) consecutive two-year terms. 11 (3) Three (3) consecutive three-year terms. 12 (4) Two (2) consecutive four-year terms. 13 (5) Two (2) consecutive five-year terms. 14 15 The council shall limit its selections to those persons who have submitted applications 16 on forms approved by the council and on file with the city clerk. Each member of the 17 council may review the applications fifteen (15) days prior to the appointment. 18 19 No person may be nominated for appointment to an initial term unless that nominee's 20 potential appointment to the board or commission was previously discussed by the City 21 Council during a prior Council meeting. Such discussion may occur during the open or 22 closed portion of the prior meeting, in accordance with the Virginia Freedom of 23 Information Act. 24 25 (b) Notwithstanding the provisions of subsection (a) above, city council may, by an 26 affirmative vote of a majority of all of the councilmembers, reappoint a person to one 27 or more a additional terms beyond that those permitted by subsection (a) when, by 28 virtue of the unique qualifications of the position or other extenuating circumstances, 29 doing so would serve the best interests of the city. 30 31 (c) Term limits shall not apply to appointees of the board of building code appeals. The 32 members of each division of the board of building code appeals shall serve at the 33 pleasure of city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: i`V r City Attorney's • ice CA15155 R-1 August 26, 2020 r Hu a C(..4...): 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: Deputy City Attorney oderick R. Ingram City Attorney's Office CA15148 R-3 August 19, 2020 3 "+ay !O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract Extension with the Commonwealth of Virginia MEETING DATE: September 1, 2020 • Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local community services boards (CSBs) and Behavioral Health Authorities. This contract specifies the services to be provided by a CSB, the costs of those services, and all revenues used to support the services, and it lists all state and federal statutory and regulatory requirements applicable to the CSB and contains outcome and performance measures for the CSB. Under the provisions of§ 37.2-509(A)(5)of the Code of Virginia, DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. • Considerations: Pursuant to § 37.2-508 of the Code of Virginia, the contract provides a substantial amount of funding needed to maintain important CSB services. Due to the uncertainty of the impacts of COVID-19, DBHDS opted to extend the existing FY 2020 Performance Contract for the first six months of FY 2021, through December 31, 2020. Although considered a six-month extension, the financial considerations in the contract are annualized. This funding has previously been appropriated by the City for the Department of Human Services through the City's FY 2021 Operating Budget. The funding sources that support the $64,926,993 contract consist of: o $25,975,894 in total fee revenue, o $21,371,566 in local matching funds from the City, o $12,565,288 in revenue from the Commonwealth, o $2,045,532 in federal revenue, o $2,458,104 in revenue from other sources, and o $510,609 of regional state funding paid directly to vendors on behalf of the Virginia Beach CSB. The contract extension was approved by the Virginia Beach CSB at a board meeting on August 13, 2020. • Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract extension was made available for public comment for a period of 30 days. The 30-day window expired on August 2, 2020. • Attachments: Resolution; Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager 1 A RESOLUTION APPROVING A CONTRACT EXTENSION 2 WITH THE COMMONWEALTH OF VIRGINIA 3 4 WHEREAS, the Virginia Department of Behavioral Health and Developmental 5 Services(VBHDS) provides funding for mental health,developmental,and substance use 6 disorder services through a performance contract with local community services boards; 7 8 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 9 Virginia mandated minimum local match share for these services; 10 11 WHEREAS, due to the ongoing uncertainties and impacts of the Novel Coronavirus 12 (COVID-19) pandemic,VBHDS opted to extend the terms of the FY 2019-20 Performance 13 Contract for the first six months of FY 2020-21; and 14 15 WHEREAS, the Virginia Beach Community Service Board, at its August 13, 2019 16 meeting, approved the extension of the FY 2019-20 performance contract between the 17 Virginia Beach Community Service Board and the Commonwealth of Virginia; 18 19 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA THAT: 21 22 The City Council of Virginia Beach hereby approves the extension of the Fiscal Year 23 2019-20 performance contract with the Commonwealth of Virginia, a summary of which is 24 attached as Exhibit A, for a period concluding December 31, 2020. 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: Budget and Management Services C. s Office CA15150 R-1 August 19, 2020 FY2021 And FY2022 Community Services Performance Contract FY 2021 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget (Pages AF-3 through AF-12) Funding Sources Mental Health Developmental Substance TOTAL (MH) Services (DV) Services Use Disorder (SUD) Services State Funds 9,321,400 837,953 2,405,935 12,565,288 Local Matching Funds 11,666,901 9,257,621 447,044 21,371,566 Total Fees 4,961,361 20,403,221 611,312 25,975,894 Transfer Fees In/(Out) 0 0 0 0 Federal Funds 315,522 0 1,730,010 2,045,532 Other Funds 1,337,959 323,300I, 796,845 2,458,104 State Retained Earnings 0 0 0 0 Federal Retained Earnings 0 0 0 Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 27,603,143 30,822,095 5,991,146 64,416,384 State Funds One-Time 0 0 0 0 Federal Funds One-Time 0 0 0 Subtotal One -Time Funds 0 0 0 0 TOTAL ALL FUNDS 27,603,143 30,822,095 5,991,146 64,416,384 Cost for MH/DV/SUD Services 26,974,547 30,579,128 3,859,151 61,412,826 Cost for Emergency Services (AP-4) 2,855,188 Cost for Ancillary Services (AP-4) 658,979 Total Cost for Services 64,926,993 Local Match Computation CSB Administrative Percentage Total State Funds 12,565,288 Administrative Expenses 7,482,897 Total Local Matching Funds 21,371,566 Total Cost for Services 64,926,993 Total State and Local Funds 33,936,854 Admin /Total Expenses 11.53% Total Local Match % 62.97% (Local /Total State + Local) Report Date 7/2/2020 AF-1 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments Comment] MH Other Federal-CSB=$47,405 USDA Comment2 MH Total Regional=$12,500 Clinical Supervision Comment3 MH Other Funds$1,337,959=$24,860 Probation&Parole,$9,640 Records, Comment4 S26,692 Miscellaneous revenue,$10,200 Beach House Comment$ Snack Bar Receipts, $100,501 Anticipated PATH additional award, Comment6 $916,066 Sheriff's Jail Initiative,$250,000 Retained for Complex Care COmment7 DV Other Funds=$323,000 DARS,$300 Miscellaneous revenue Comment8 SA Other Federal-CSB=$12,791 Health Department HIV Comment9 SA Other Funds$796,845=$22,328 Miscellaneous revenue,$694,677 Anticipated Comment]° SOR award$25,200 Medically Monitored Services to Other Boards, Commend l $54,640 School Prevention Contract Comment12 Some capacities have been reduced due to COVID-19 impact Comment13 Commentl4 Comment15 Comment16 Comment17 Comment18 Comment19 Comment20 Comment21 Comment22 Comment23 Comment24 Comment25 Report Date 7/2/2020 AF-2 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Mental Health (MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,541,854 MH Fees:Other 419,507 Total MH Fees 4,961,361 MH Transfer Fees In/(Out) 0 MH Net Fees 4,961,361 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 26,448 MH Federal COVID Emergency Grant(93.665) MH Other Federal-DBHDS 0 MH Other Federal-COVID Support MH Other Federal-CSB 47,405 Total MH Federal Funds 315,522 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 2,895 Total MH Net Regional DAP-Restricted 2,895 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total MH Net Expanded Community Capacity 302,709 AF-3 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Mental Health (MH)Services Virginia Beach Community Services Board Funding Sources Funds MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total MH Net First Aid and Suicide Prevention 0 MH STEP-VA Outpatient(Fiscal Agent) 347,895 MH STEP-VA Outpatient Transfer In/Out 12,500 Total Net MH STEP-VA Outpatient 360,395 MH STEP-VA Crisis(Fiscal Agent) 0 MH STEP-VA Crisis Transfer In/Out 0 Total Net MH STEP-VA Crisis 0 MH Forensic Discharge Planning(Fiscal Agent) 0 MH Forensic Discharge Planning Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning 0 MH Permanent Supportive Housing(Fiscal Agent) 917,168 MH Permanent Supportive Housing Transfer In/(Out) 0 Total Net MH Permanent Supportive Housing 917,168 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 455,478 Total MH Net Unrestricted Regional State Funds 1,924,311 Total MH Net Regional State Funds 4,302,412 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75,000 MH Juvenile Detention 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 119,369 Total MH Net Restricted Crisis Response&Child Psychiatry 119,369 Total State MH Children's Funds(Restricted for Children) 669,754 Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Rural Jail Diversion 0 AF-4 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Docket Pilot JMHCP Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 348,668 MH Expand Telepsychiatry Capacity 0 MH PACT 850,000 MH PACT-Forensic Enhancement 200,000 MH Gero-Psychiatric Services 0 MH STEP-VA-SDA,Primary Care Screening,Ancillary Services,and 467,129 Clinicians Crisis MH Young Adult SMI 0 Total MH Restricted Other State Funds 2,535,206 MH State Funds 1,814,028 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 1,814,028 Total MH Other State Funds 4,349,234 TOTAL MH STATE FUNDS 9,321,400 MH Other Funds 1,337,959 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 0 MH Other Retained Earnings 0 Total MH Other Funds 1,337,959 LOCAL MATCHING FUNDS MH Local Government Appropriations 11,666,901 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 11,666,901 Total MH Funds 27,603,143 MH ONE TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH State Funds 0 MH One-Time Restricted State Funds 0 Total One Time MH Funds 0 Total MH All Funds 27,603,143 AF-5 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 7,290,354 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 12,579,030 DV Fees:Other 533,837 Total DV Fees 20,403,221 DV Transfer Fees In/(Out) 0 DV NET FEES 20,403,221 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 DV Other Federal-COVID Support 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 837,953 DV OBRA Funds 0 Total DV Unrestricted State Funds 837,953 DV Trust Fund(Restricted) 0 DV Rental Subsidies 0 DV Guardianship Funding 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer ln(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In(Out) 0 DV Net Crisis Stabilization-Children 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out 0 Total Net DV Transfers from DBHDS Facilities 0 Total DV Restricted State Funds 0 Total DV State Funds 837,953 AF-6 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,300 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,300 LOCAL MATCHING FUNDS DV Local Government Appropriations 9,255,377 DV Philanthropic Cash Contributions 2,244 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 9,257,621 Total DV Funds 30,822,095 DV ONE TIME FUNDS DV One-Time Restricted State Funds 0 Total One Time DV Funds 0 Total DV All Funds 30,822,095 AF-7 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 609,855 SUD Fees:Other 1,457 Total SUD Fees 611,312 SUD Transfer Fees In/(Out) 0 SUD NET FEES 611,312 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 985,968 SUD FBG SARPOS(93.959) 65,231 SUD FBG Jail Services (93.959) 165,147 SUD FBG Co-Occurring(93.959) 34,574 SUD FBG New Directions(93.959) 0 SUD FBG Recovery(93.959) 0 SUD FBG MAT-Medically Assisted Treatment(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSes)(93.959) 187,279 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SUD FBG Prey-Family Wellness(93.959) 0 Total SUD FBG Prevention Funds 279,020 SUD Federal VA Project LINK/PPW(93.243) 0 SUD Federal Strategic Prevention(93.243) 0 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal YSAT—Implementation(93.243) 0 SUD Federal OPT-R-Prevention(93.788) 0 SUD Federal OPT-R-Treatment(93.788) 0 SUD Federal OPT-R-Recovery(93.788) 0 Total SUD Federal OPT-R Funds(93.788) 0 SUD Federal Opioid Response—Recovery(93.788) 0 SUD Federal Opioid Response—Treatment(93.788) 0 SUD Federal Opioid Response—Prevention(93.788) 0 Total SUD Federal Opioid Response Funds(93.788) 0 SUD Other Federal-DBHDS 0 SUD Other Federal-CSB 12,791 SUD Other Federal-COVID Support 0 TOTAL SUD FEDERAL FUNDS 1,730,010 AF-8 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment Transfer In/(Out) 476,036 Total SUD Net Facility Reinvestment 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer in/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification—Transfer In/(Out) 0 Total Net SUD Community Detoxification 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA -Transfer In/(Out) 0 Total SUD Net STEP-VA-Restricted 0 Total SUD Net Regional State Funds 476,036 Other State Funds SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SUD Recovery Employment 0 SUD MAT-Medically Assisted Treatment 130,000 SUD Peer Support Recovery 0 SUD Permanent Supportive Housing Women 0 SUD SARPOS 76,097 SUD Recovery 0 Total SUD Restricted Other State Funds 207,897 SUD State Funds 1,460,999 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,722,002 Total SUD Other State Funds 1,929,899 TOTAL SUD STATE FUNDS 2,405,935 OTHER FUNDS SUD Other Funds 796,845 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 796,845 LOCAL MATCHING FUNDS SUD Local Government Appropriations 447,044 SUD Philanthropic Cash Contributions 0 AF-9 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 447,044 Total SUD Funds 5,991,146 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment (93.959) 0 SUD FBG Women(includes LINK-6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD FBG Recovery(93.959) 0 SUD State Funds 0 Total SUD One-Time Funds 0 Total All SUD Funds 5,991,146 AF-10 Report Date 7/2/2020 FY2021 And FY2022 Community Services Performance Contract FY 2021 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 21,369,322 Total Local Government Tax Funds: 21,369,322 Report Date 7/2/2020 AF-11 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 27,603,143 30,822,095 5,991,146 64,416,384 Cost for MH,DV,SUD, 26,974,547 30,579,128 3,859,151 2,855,188 658,979 64,926,993 Emergency,and Ancillary Services Difference 628,596 242,967 2,131,995 -2,855,188 -658,979 -510,609 Difference results from Other: 510,609 Explanation of Other in Table Above: DAP to be paid on behalf of VBCSB by WTCSB Report Date 7/2/2020 AF-12 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 30.17 FTEs 1721 $4,508,307 312 Medical Services 23.08 FTEs 2400 $4,011,098 350 Assertive Community Treatment 11.1 FTEs 109 $1,897,705 320 Case Management Services 56.31 FTEs 1400 $6,634,974 410 Day Treatment or Partial Hospitalization 12 Slots 100 $523,626 420 Ambulatory Crisis Stabilization Services 5 Slots 40 $268,156 425 Mental Health Rehabilitation 41 Slots 175 $1,729,775 460 Individual Supported Employment 3.95 FTEs 50 $435,768 510 Residential Crisis Stabilization Services 12 Beds 320 $2,858,390 551 Supervised Residential Services 32 Beds 40 $961,158 581 Supportive Residential Services 13.68 FTEs 149 $3,116,294 610 Prevention Services 0.2 FTEs $29,296 Totals 6,504 $26,974,547 Report Date 7/2/2020 AP-1 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 312 Medical Services 0.5 FTEs 14 $85,861 320 Case Management Services 30.8 FTEs 931 $3,924,774 425 Developmental Habilitation 69 Slots 156 $4,197,250 465 Group Supported Employment 16 Slots 36 $717,536 460 Individual Supported Employment 10.7 FTEs 150 $966,958 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $13,934,414 521 Intensive Residential Services 25 Beds 25 $3,406,449 551 Supervised Residential Services 7 Beds 7 $654,647 581 Supportive Residential Services 35.56 FTEs 62 $2,691,239 Totals 1,428 $30,579,128 Report Date 7/2/2020 AP-2 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 5.6 FTEs 300 $776,235 335 Medication Assisted Treatment Services 0 FTEs 170 $864,243 320 Case Management Services 1.98 FTEs 65 $222,538 410 Day Treatment or Partial Hospitalization 9 Slots 85 $372,686 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 150 $739,934 521 Intensive Residential Services 2 Beds 16 $65,231 610 Prevention Services 5.68 FTEs t $818,284 Totals 786 $3,859,151 Report Date 7/2/2020 AP-3 FY2021 And FY2022 Community Services Performance Contract FY2021 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 23.23 FTEs 2825 $2,855,188 318 Motivational Treatment Services 0.25 FTEs 280 $43,776 390 Consumer Monitoring Services 2.88 FTEs 370 $382,621 720 Assessment and Evaluation Services 2.2 FTEs 1000 $232,582 Totals 4,475 $3,514,167 Report Date 7/2/2020 AP-4 FY2021 And FY2022 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2021 Table 2a: FY 2021 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $199,503.00 $199,503.00 $199,503.00 1.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center, free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? [1 a federally qualified health center Name: ❑ a free clinic Name: a local health department, or Name: • another organization Name: 3. Where is primary health (medical) care provided? El on-site in a CSB program, • on-site at the primary health care provider, or 111 another site--specify: 4.Where is behavioral health care provided? L on-site in a CSB program, • on-site at the primary health care provider,or El another site--specify: Report Date 7/2/2020 AP-5 gist.„,„4,, \ iiir ..,,,,:v: �cgMi"J ''ii�t .b r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Establish Capital Project 100533 "CIT-Next Generation 911" and to Transfer $1,561 ,397 from Capital Project 3-619 MEETING DATE: September 1, 2020 • Background: Emergency Communications & Citizens Services (ECCS) started a migration plan to replace the City's legacy 911 system with a next generation 911 (NG911) system in 2014. The reason for this migration was because the City was advised by the current 911 solutions provider, Verizon, that there would be no upgrades to the existing system to support emerging IP technologies such as realtime text to 911 and direct internet protocol (IP) interconnection from carriers. A request for proposal (RFP) was issued in 2015 to find a replacement system, but no acceptable proposals were received. Another RFP was issued in 2018 and awarded to AT&T with an implementation goal set for late 2020. This migration is being led by the ECCS and Information Technology (IT) departments, in collaboration with the Virginia Department of Emergency Management (VDEM), who will be providing technical expertise. As part of this migration, it is necessary for ECCS to upgrade its existing 911 call handling equipment to a software version that will allow the department to receive and display 911 calls received across the ESlnet in the more technologically advanced Session Initiated Protocol (SIP) format. The new NG911 system cannot function until the existing Motorola call handling equipment is upgraded. AT&T and Motorola had determined there were significant issues using the Motorola Vesta NG911 call handling equipment across similar AT&T ESlnet platforms being deployed in Fairfax County. The testing and development required to resolve the issues delayed the Fairfax County NG911 deployment by almost two years and impacted its 911 call handling upgrade procurement. The issues were successfully resolved in the early 2020, and AT&T and Motorola are now deploying NG911 services using Motorola's VESTA NG911 call handling equipment. With the resolution of these issues, ECCS had the Motorola equipment and software information necessary to successfully integrate with the City's AT&T system. Capital Project 3-619 "CIT-ALI Database Management and Selective Routing" first appeared in the FY 2011-12 CIP. The purpose of this project was to replace the automatic location information database management system which supplies 911 selective routing services. A qualified vendor was not located to provide these services after issuing an RFP. Since that time, emergency services technology has moved to an internet protocol standards-based model, and the industry has moved to replace selective routing legacy solutions. Additionally, the Commonwealth of Virginia has provided funding for jurisdictions to move to ESlnet platforms and replace the old automatic location identifier (ALI) solution. While state funding will replace the legacy technology, the VESTA platform must be upgraded in order to maintain the continuity of operations in the 911 center. • Considerations: Project estimates have been developed through market surveys. Final numbers for the exact project costs will not be available until an RFP has been issued to all certified VESTA resellers available on the state's VITA contracts. ECCS needs to proceed with the required equipment upgrades for the ESlnet prior to Verizon sunsetting the City's legacy 911 system. The total VESTA replacement is estimated to cost $1 .4 million and funding has been identified in Capital Project 3-619 "ALI Database Management and Selective Routing" to fund the upgrade. The attached ordinance transfers the available funding from Capital Project 3-619 to the newly established Capital Project 100533 "CIT-Next Generation 911 ." • Public Information: Normal City Council agenda process • Attachments: Ordinance, CIP Detail Page Recommended Action: Approval Submitting Department/Agency: Information Technology City Manager: 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 100533 "CIT-NEXT GENERATION 911" AND TO 3 TRANSFER $1,561,397 FROM CAPITAL PROJECT 3-619 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 THAT: 7 8 1. Capital Project 100533 "CIT-Next Generation 911" is hereby established in the FY 9 2020-21 Capital Improvement Program with the attached project page providing 10 the applicable details for the project; and 11 12 2. $1,561,397 in available funding is hereby transferred from Capital Project 3-619 13 "CIT-ALI Database Management and Selective Routing"to Capital Project 100533. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY BudgeVI, Management Services City omey's Office CA15151 R-1 August 19, 2020 City of Virginia Beach FY 2022 thru FY 2027 Capital Improvement Program Project: 100533 Title:CIT-Next Generation 911 Status: Approved Category: Information Technology I Department: Information Technology Ranking: 0 Project Type Project Location Project Type: Technology District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Funding 0 0 0 0 0 0 0 0 0 Description and Scope This project will implement the components and technologies associated with the legacy 911 telephony system in order to provide emerging Next Generation 911 capabilities such as text,images,and video. Purpose and Need Current 911 technologies are based on legacy telephone technology and requires the migration from legacy,circuit-switched 9-1-1 with limited interoperability to a Next Generation 9-1-1("NG9-1-1")regional system built on a standards-based Emergency Services IP[Internet Protocol]Network.This will enable seamless interoperability across the region,as well as allow Emergency Communications and Citizen Services(ECCS)to meet the needs of our public safety partners by providing more accurate,detailed and timelier data as they respond to calls for service with better routing and location services.The new platform will meet the new emergency services standards with i3 compliant technology.ECCS will also be able to meet the expectations of citizens to receive and process voice calls, text,images,video,and other data provided as we've moved into a primarily wireless mobile society. History and Current Status Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Total Budgetary Cost Estimate: 0 Means of Financing Funding Subclass Amount Local Funding Total Funding: 0 GovMax 1 8/27/2020 , :1 °lk. �, 1? t'itI ::::, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution in Support of the City's 2020 Project Applications to the Virginia Department of Transportation SMART SCALE Program MEETING DATE: September 1, 2020 • Background: On June 16, 2020, the City Council approved a resolution in support of four projects to be submitted by the City to the Virginia Department of Transportation (VDOT) as part of VDOT's SMART SCALE Program, Round 4. These four projects are Holland Road Phase I, South Independence Boulevard and Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and Diamond Springs Road Intersection. After the approval of this resolution, VDOT introduced a previously unknown component to the project cost estimates. This component consisted of a variable inflation factor, which would automatically be added to the cost estimates. The Department of Public Works, Roadways Division, was unaware of this new addition until projects were entered into VDOT's online application submission system (the SMART Portal). The inflation factor is schedule dependent and added additional costs to the four projects included in the Council's June 16th Resolution of Support. As a result of this adjustment, the City Council will have to adopt a new resolution of support with the correct project cost totals for submission to VDOT. Although the overall application's deadline remained in August, governing bodies were given an extension until October to adopt a resolution of support. To manage these increases, City commitment percentages were adjusted slightly to limit additional local commitment. Therefore, the majority of the cost increases that resulted from the variable inflation factor have been added to the funds requested from federal and Commonwealth sources. The increases are detailed in the table below. Project 6/16/20 Revised Total 6/16/20 Revised City 6/16/20 Revised SMART Council Total Project Council City Portion Council SMART Scale Action Project Cost Action Portion Increase Action Scale Request Total Cost Increase City SMART Request Increase Project Portion Scale • Cost Request Holland Road Phase I $22.4M $24.0M $ 1.6M $6.7M $ 7.2M $0.5M $ 15.7M $ 16.8M $1.1M S. Independence $ 13.0M $ 14.2M $ 1.2M $3.9M $4.4M $0.5M $9.1 M $9.8M $0.7M Blvd/Edwin Dr Intersection Laskin Road Phase Ili $31.7M $33.3M $ 1.6M $7.9M $ 7.7M $(0.2M) $23.8M $25.6M $ 1.8M Northampton Blvd/ $ 13.0M $ 13.1M $O.1 M $3.25M $3.3M $0.05M ' $9.75M $9.8M $0.05M Diamond Springs Rd Intersection Total $80.1 M $84.6M $4.5M $21.75M $ 22.6M $0.85M $ 58.35M $ 62.0M $3.65M 1. Holland Road Phase I Improvements — This project will widen the Holland Road corridor between South Independence Boulevard and South Plaza Trail from four lanes to six lanes and implement a Superstreet concept by converting two unsignalized intersections into Restricted Crossing U-turns (RCUT). The RCUT improvements will be located at the Holland Plaza Shopping Center and Holland Road intersection and Silverleaf Drive and Holland Road intersection. The RCUT improvements will prohibit through and left turns out of the side streets, while allowing left turns in from Holland Road. This improvement is anticipated to provide a significant safety benefit by eliminating conflict points at those unsignalized intersections and improving access management. In addition, the dual left-turn lanes along the eastbound approach at the South Independence Boulevard/Holland Road intersection will be reduced to one lane and will be re-configured as a through lane. The westbound approach right-turn lane at the South Plaza Trail intersection will be converted into a shared thru and right-turn lane. These two signalized intersections will remain signalized with minor improvements to signal infrastructure. This improvement will also provide more seamless and uninterrupted flow of traffic along the corridor. Pedestrian facility improvements and relocation of utility poles will also be included. The total project cost is approximately $24 Million. The City will request $16.8 Million in SMART SCALE funds and, if approved, would be required to commit $7.2 Million (30%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. 2. South Independence Boulevard and Edwin Drive Intersection — This project includes improvements to the South Independence Boulevard/Edwin Drive intersection, including median U-turns for northbound and southbound left turns along South Independence Boulevard, with two new two-phase signals located north and south of the main intersection. Northbound and southbound movements at the main intersection will be restricted and required to U-turn at the two new two-phase signals. These improvements will improve safety and traffic flow through the intersection. In addition, improvements along the Edwin Drive approaches include widening the eastbound approach to one left-turn lane, one thru, and one right-turn lane; and the lane configuration for the westbound approach will include two left-turn lanes, one thru lane, and one right-turn lane. The project will also include, as pedestrian facility improvements, 10 foot-wide shared-use paths, 5 foot-wide sidewalks, and pedestrian signals. This project is a component of the overall I-264/South Independence Boulevard interchange improvements project. The Total Project Cost is approximately$14.2 Million. The City will request$9.8 Million in SMART SCALE funds and, if approved, would be required to commit $4.4 Million (31%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. 3. Laskin Road Phase III — This project is the western terminus of the multi-phase Laskin Road corridor improvements from 1-264 to the Resort Area and will continue a vital connection within the Hilltop Strategic Growth Area as well as the adjacent Lynnhaven Strategic Growth Area and Resort Area Strategic Growth Area. The project includes construction of a six-lane divided highway from Republic Road to just west of Phillip Avenue, a distance of approximately 0.7 miles. The service/feeder roads along Laskin Road will be removed from Regency Hilltop to Republic Road. The bi- direction service/feeder roads will remain west of Regency Hilltop to provide local access to residences and businesses. The proposed typical section will not require additional right-of-way acquisition due to the area created by the removal of the service/feeder roads. This project will provide 14-foot-wide outside lanes for cyclists and a 10-foot wide shared-use path on one side of the roadway with a 5-foot wide sidewalk on the other side of Laskin Road. Aesthetic improvements such as landscaped median and merge areas will be provided to enhance the roadway corridor and provide access control. The signal at Regency Drive will be reconfigured as an innovative Green-T intersection. Incorporating this design will improve traffic flow at the intersection by providing continuous eastbound flow through the intersection. The project will also include replacement of traffic signals at Regency Hilltop. The Laskin Road Phase III project will provide connectivity with both the Laskin Road Bridge Replacement (CIP 2-040) and the Laskin Road Phase I-A (CIP 2-126) projects, which are both under construction. The Total Project Cost is approximately $33.3 Million. The City will request $25.6 Million in SMART SCALE funds and, if approved, would be required to commit $7.7 Million (23%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. 4. Northampton Boulevard and Diamond Springs Road Intersection — This project improves the Northampton Boulevard and Diamond Springs Road intersection by reconfiguring the intersection to a partial displaced left-turn layout. Northampton Boulevard will be reconfigured to include displaced left-turn lanes for both the eastbound and westbound approaches. The partial displaced left-turn design requires left-turn vehicles to cross onto the other side of opposing through traffic in advance of the main intersection allowing the left turns and opposing through movements to occur simultaneously at the main intersection. Additionally, the right turn lanes from Diamond Springs Road onto Northampton Boulevard will be channelized around the displaced left-turn lanes. This approach improves both safety and traffic flow at the intersection. The project will also include pedestrian facility improvements including ten-foot-wide shared-use path, five-foot-wide sidewalk, and pedestrian signals as well as some utility relocation. Also included is the upgrade and relocation of two existing bus stops at the intersection. The Total Project Cost is approximately$13.1 Million. The City will request$9.8 Million in SMART SCALE funds and, if approved, would be required to commit $3.3 Million (25%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. The total local funds commitment if all four projects are awarded SMART SCALE funding is $22.6 Million. Thus, the City would leverage a total of$22.6 Million to potentially receive $62 Million in SMART SCALE assistance for currently unfunded projects. • Considerations: These four projects were presented to the City Council for consideration at the February 18, 2020 informal session and were approved at the June 16, 2020 City Council formal session. If awarded, these projects would have to be included in future City-adopted CIP Budgets with programmed local funding. While the SMART SCALE Program is a grant program, funds are only available on a reimbursement basis. The SMART SCALE Program requires that localities must first incur the expenses and then request reimbursement. Per a CTB Resolution in December 2016, project funds are to be expended in the order of local first, SMART SCALE second. All surplus SMART SCALE funds at completion of the project revert back to the overall Commonwealth SMART SCALE balance. • Public Information: Public information will be handled through the normal Council Agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Location Maps (4) Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2020 2 PROJECT APPLICATIONS TO THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation SMART SCALE program for consideration 8 based upon an objective score in the areas of Congestion Mitigation, Safety, 9 Accessibility, Environmental Quality, Economic Development, and Land Use 10 Coordination; 11 12 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 13 100% of the total project cost, although the locality's ability to contribute to the 14 submitted project is a factor in the award process; 15 16 WHEREAS, the City's highest priority improvement projects that meet the 17 eligibility for funding are Holland Road Phase I, South Independence Boulevard and 18 Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and 19 Diamond Springs Road Intersection; 20 21 WHEREAS, on June 16, 2020, the City Council adopted a Resolution of Support 22 for project applications Holland Road Phase I, South Independence Boulevard and 23 Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and 24 Diamond Springs Road Intersection; and 25 26 WHEREAS, in the process of submission of applications in the Virginia 27 Department of Transportation's SMART Portal, project cost estimates for these four 28 projects changed from their June 16th totals as a result of a newly introduced inflation 29 variable. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA THAT: 33 34 1 . The City Council of the City of Virginia Beach hereby reaffirms its support 35 the following four project applications to the Virginia Department of Transportation's 36 SMART SCALE Program: 37 a. Holland Road, Phase I; 38 b. South Independence Boulevard and Edwin Drive Intersection; 39 c. Laskin Road, Phase III; and 40 d. Northampton Boulevard and Diamond Springs Road Intersection 41 42 2. Commonwealth and Federal funds will be requested from the SMART 43 SCALE Program in the following amounts: 44 a. $16,800,000 for Holland Road Phase I; 45 b. $9,800,000 for South Independence Boulevard and Edwin Drive 46 Intersection; 47 c. $25,600,000 for Laskin Road Phase III; and 48 d. $9,800,000 for Northampton Boulevard and Diamond Springs 49 Road Intersection. 50 51 3. The required local matching funds, as determined by the SMART SCALE 52 award process, will be provided with allocations of local funding in the City's Capital 53 Improvement Program. 54 55 4. The City Manager is hereby authorized to execute on behalf of the City of 56 Virginia Beach all necessary project agreements for project development and 57 construction required by the Virginia Department of Transportation. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2020. 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The Department of Finance, in conjunction with the Department of Public Works, has identified the need for such action and, with the Office of the City Attorney, has developed a financing plan that includes storm water revenue bonds to take advantage of favorable market rates. This sale will not exceed $90 million, utilizing previous Council storm water revenue bond authorizations from 2015 through 2019. • Considerations: The enclosed resolution provides for the issuance and sale of the 2020 Series of storm water revenue bonds. The resolution provides for the distribution of the Preliminary Official Statement (POS) along with other necessary actions. The resolution also amends the Agreement of Trust to provide for the 2020 series of bonds and to allow moneys held in the associated Funds and Accounts to be invested in any obligations or securities that are at the time legal investments for public funds under the Investment of Public Funds Act (§§ 2.2-4500 et seq. of Virginia Code) or the Government Non-Arbitrage Investment Act (§§ 2.2-4700 et seq. of Virginia Code) or any other successor provisions of law applicable to such investments. Staff in the City's Department of Public Works, who manage the Stormwater Utility Enterprise Fund, have concluded that the existing stormwater rates and charges are sufficient to support the debt service costs on the 2020 bonds. The bond sale is scheduled for September 23rd. The overall interest rate (true interest cost) for the combined series will not exceed 3.50% per year (taking into account any original issue discount or premium) The final maturities will be no later than the year 2045 for the new money bonds and 2035 for the refunding bonds and will be sold at a price not less than 100% of the aggregate principal amount thereof. The results of the sale will be provided to the City Council. After today's Council action, no further vote of the Council will be necessary for this transaction. However, if all $90 million are issued, there will likely be a budgetary transfer required later in the fiscal year. • Public Information: Public information will be handled through the normal Council agenda process. Additionally, the resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Draft of Fifth Supplemental Agreement of Trust; Draft Continuing Disclosure Agreement; Draft Notice of Sale Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager:/0/[9 RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO PROVIDE FOR THE ISSUANCE AND SALE OF STORM WATER UTILITY REVENUE BONDS, SERIES 2020A, IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $90,000,000, AND STORM WATER UTILITY REFUNDING REVENUE BONDS, SERIES 2020B, IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $17,500,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF TO FINANCE AND REFINANCE IMPROVEMENTS TO THE CITY'S STORMWATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED DOCUMENTS WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City") has been advised that it would be advantageous for the City to issue its storm water utility revenue bonds to (a) finance the costs of certain improvements and extensions to the City's stormwater utility system (the "System") and (b) obtain debt service savings by refunding certain maturities of the City's outstanding Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds), and Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt), other than the Series 2010 Bonds maturing on November 15, 2020 (the Series 2010 Bonds to be refunded are hereinafter collectively referred to as the "Refunded Bonds"); WHEREAS, the Council has previously adopted ordinances authorizing the City's issuance of storm water utility revenue bonds in principal amounts sufficient to permit the issuance described below; WHEREAS, based upon the premises described above the Council has determined that it is desirable and in the best interests of the City to undertake the issuance of(a) $90,000,000 in maximum aggregate principal amount of its storm water utility revenue bonds to finance costs of improvements and extensions to the System, and (b) $17,500,000 in maximum aggregate principal amount of its storm water utility refunding revenue bonds to refund the Refunded Bonds at their first optional redemption date, and that proceeds may also be used to pay costs of issuance and fund debt service reserves; and WHEREAS, there have been presented to this meeting or otherwise made available the following documents and draft documents in connection with the undertaking of the above- described financing and refinancing and the issuance and sale of such bonds: (a) Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association (as successor to First Union National Bank), as trustee (the "Trustee"), as previously amended and supplemented(the"Master Agreement of Trust"); (b) Draft of Fifth Supplemental Agreement of Trust dated as of October 1, 2020, between the City and the Trustee (the "Fifth Supplemental Agreement" and, together with the Master Agreement of Trust, the 1 "Agreement of Trust"), pursuant to which such bonds will be issued, and including the forms of such bonds as an exhibit thereto; (c) Draft of Notice of Sale to be dated on or about September 16, 2020, to advertise such storm water utility revenue bonds for sale (the "Notice of Sale"); (d) Draft of Preliminary Official Statement to be dated on or about September 16, 2020 (the "Preliminary Official Statement"), relating to the public offering of such bonds; and (e) Draft of Continuing Disclosure Agreement dated as of October 1, 2020 (the "Continuing Disclosure Agreement"), pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"), for the benefit of the holders of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization and Designation of Bonds and Use of Proceeds. The City hereby authorizes the issuance and sale of its storm water utility revenue bonds in multiple series, as follows: (a) $90,000,000 in maximum aggregate principal amount of bonds designated as "Storm Water Utility Revenue Bonds, Series 2020A," or such other designation as may be approved by the City Manager (the "Series 2020A Bonds"), and (b) $17,500,000 in maximum aggregate principal amount of bonds designated as "Storm Water Utility Refunding Revenue Bonds, Series 2020B," or such other designation as may be approved by the City Manager (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Bonds"), all pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The proceeds of the Series 2020A Bonds shall be used to finance the costs of improvements and extensions to the System, the proceeds of the Series 2020B Bonds shall be used to refund the Refunded Bonds at their first optional redemption date, and any proceeds of the Bonds may also be used to pay costs of issuance or fund debt service reserves. 2. Fifth Supplemental Agreement. The City Manager is hereby authorized and directed to execute and deliver the Fifth Supplemental Agreement, which shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The continuation in the Fifth Supplemental Agreement of the springing amendment to the Agreement of Trust set forth in Section 4.103 of the Fourth Supplemental Agreement of Trust dated as of February 1, 2019, between the City and the Trustee, is hereby approved. The execution of the Fifth Supplemental Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Bond Details. The Bonds shall be dated the date determined by the City Manager, shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be 2 numbered RA-1 or RB-1 upward. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on dates determined by the City Manager, calculated on the basis of a 360-day year of twelve 30-day months. The Council authorizes the issuance and sale of the Bonds in such principal amounts and upon such terms as shall be determined by the City Manager provided that the Bonds shall (a) have a true interest cost not exceeding 3.50% for the combined series (taking into account any original issue discount or premium), (b) have a final maturity no later than November 15, 2045, (c)be sold at a net price of not less than 100% of the aggregate principal amount thereof, and (d) be in an aggregate principal amount not exceeding$107,500,000. 4. Preparation and Delivery of the Bonds. The Mayor is hereby authorized and directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a facsimile thereof to be printed thereon, and the officers of the City are hereby authorized and directed to deliver the Bonds to the Registrar (as defined in the Agreement of Trust) for authentication and delivery to the purchaser. 5. Pledge of Security. The Bonds shall be limited obligations of the City, payable solely from Pledged Revenues (as defined in the Agreement of Trust) and the funds created by the Agreement of Trust and pledged to the payment of the Bonds, and nothing in the Bonds or the Agreement of Trust shall be deemed to create or constitute an indebtedness or pledge of the full faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. 6. Sale of Bonds. The Bonds shall be sold through a competitive sale. The City Manager is authorized and directed to take all proper steps to finalize and distribute, in accordance with standard practices of municipal securities, the Notice of Sale, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as the City Manager may approve to the reflect the terms of the Bonds determined in accordance with this Resolution. The City Manager is authorized to receive bids for the Bonds and to award the Bonds to the bidder providing the lowest true interest cost, subject to the limitations set forth in Section 3 of this Resolution. The actions of the City Manager in selling the Bonds by competitive sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Council. 7. Official Statement. The City Manager is hereby authorized and directed to approve the distribution of the Preliminary Official Statement to potential purchasers of the Bonds with such completions, omissions, insertions and other changes not inconsistent with this Resolution as the City Manager, in collaboration with Butler Snow LLP, as bond counsel ("Bond Counsel"), may consider appropriate to complete it as an official statement in final form. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the final Official Statement to be "final" as of their dates within the meaning of the Rule, except for the omission from the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The City Manager is further authorized, on behalf of the City, to execute the final Official Statement. The distribution of the 3 Preliminary Official Statement and the execution of the final Official Statement by the City Manager shall be conclusive evidence that each has been approved and deemed final. 8. Continuing Disclosure. The City Manager is hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The execution of the Continuing Disclosure Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 9. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested by Bond Counsel are authorized and directed to (a) execute appropriate certificates setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and the regulations thereunder, applicable to "arbitrage bonds," (b) make any elections that such officers deem desirable, in consultation with Bond Counsel, under the Code, including, without limitation, under any provision requiring rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds or any provision permitting treatment of the Bonds as a "multipurpose issue," and (c) file Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of Bond Counsel. 10. Further Actions. All other actions of officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, and the plan of financing and refinancing related thereto, are hereby approved and ratified. The officers of the City are authorized and directed to execute and deliver such further certificates and instruments and to take all such further actions as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 11. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: kkai J Finance Department / ey's O ice CA-15127 R-1 August 20, 2020 4 CERTIFICATE OF RESOLUTION The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the "City"), hereby certifies that: 1. A regular meeting of the Council was duly called and held on September 1, 2020 (the "Meeting"), at which a quorum was present and acting at all times. 2 Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2020A, in a Maximum Aggregate Principal Amount of $90,000,000, and Storm Water Utility Refunding Revenue Bonds, Series 2020B, in a Maximum Aggregate Principal Amount of $17,500,000, Providing for the Form, Details and Payment Thereof to Finance and Refinance Improvements to the City's Stormwater Utility System and Authorizing the Execution and Delivery of Certain Related Documents," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor James L. Wood, Vice Mayor Jessica P. Abbott Michael F. Berlucchi Barbara M. Henley Louis R. Jones John D. Moss Aaron R. Rouse Guy King Tower Rosemary Wilson Sabrina D. Wooten 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September 2020. Clerk, Council of the City of Virginia Beach, Virginia (SEAL) 5 FIFTH SUPPLEMENTAL AGREEMENT OF TRUST between CITY OF VIRGINIA BEACH, VIRGINIA and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of October 1, 2020 TABLE OF CONTENTS ARTICLE I FIFTH SUPPLEMENTAL AGREEMENT Section 5.101. Authorization of Fifth Supplemental Agreement 2 Section 5.102. Definitions 2 Section 5.103. Springing Amendment to Agreement of Trust 4 Section 5.104. Reference to Articles and Sections 4 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2020 BONDS Section 5.201. Authorization of Series 2020 Bonds 4 Section 5.202. Details of Series 2020 Bonds 5 Section 5.203. Form of Series 2020 Bonds 6 Section 5.204. Securities Depository Provisions 6 Section 5.205. Registrar 7 Section 5.206. Delivery of Series 2020 Bonds 7 ARTICLE III REDEMPTION OF SERIES 2020 BONDS Section 5.301. Redemption Dates and Prices 7 Section 5.302. Selection of Series 2020 Bonds for Redemption 8 Section 5.303. Notice of Redemption 8 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2020 BONDS Section 5.401. Application of Proceeds of Series 2020 Bonds and Related Amounts 8 ARTICLE V ACCOUNTS Section 5.501. 2020 Project Account 9 Section 5.502. 2020 Escrow Account 9 ARTICLE VI SECURITY FOR SERIES 2020 BONDS Section 5.601. Security for Series 2020 Bonds 10 ARTICLE VII ARBITRAGE REBATE FUND Section 5.701. Rebate Requirement 10 i Section 5.702. Calculation and Payment of Series 2020 Rebate Obligation 10 Section 5.703. Reports by Trustee 11 ARTICLE VIII MISCELLANEOUS Section 5.801. Limitations on Use of Proceeds 11 Section 5.802. Limitation of Rights 12 Section 5.803. Severability 12 Section 5.804. Successors and Assigns 13 Section 5.805. Applicable Law 13 Section 5.806. Counterparts 13 Section 5.807. Patriot Act Disclosure 13 Exhibit A Form of Series 2020A Bond Exhibit B Form of Series 2020B Bond ii THIS FIFTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of the 1st day of October 2020 (the "Fifth Supplemental Agreement"), by and between the City of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the "City"), and U.S. Bank National Association, Richmond, Virginia, a national banking association organized under the laws of the United States of America, with a corporate trust office in Richmond, Virginia, as successor trustee (in such capacity, together with any successor in such capacity, herein called the"Trustee"), provides: WHEREAS, the City and First Union National Bank entered into an Agreement of Trust dated as of January 1, 2000 (the "Agreement of Trust"), to provide for financing the acquisition, construction or equipping of storm water facilities of the System (as defined in the Agreement of Trust), including any improvements, extensions, additions, replacements, equipment and appurtenances to or for the benefit of the System, by the issuance of bonds payable solely from Pledged Revenues (as defined in the Agreement of Trust); WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a First Supplemental Agreement of Trust dated as of January 1, 2000, the City issued an initial series of Bonds under the Agreement of Trust in the original aggregate principal amount of $10,000,000 (the "Series 2000 Bonds") to finance the costs of expansion and improvements to the System; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a Second Supplemental Agreement of Trust dated as of November 1, 2010, the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of $27,380,000, including the City's $2,705,000 Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt) (the "Series 2010A-1 Bonds"), its $17,295,000 Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds) (the "Series 2010A-2 Bonds" and, together with the Series 2010A-1 Bonds, the "Series 2010A Bonds"), and its $7,380,000 Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt) (the "Series 2010B Bonds") (collectively, the "Series 2010 Bonds"), to finance and refinance the costs of improvements and expansions to the System, including the redemption of the Series 2000 Bonds, and to pay costs associated with issuing the Series 2010 Bonds; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a Third Supplemental Agreement of Trust dated as of January 1, 2015, the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of$23,500,000 (the "Series 2015 Bonds") to finance costs of improvements and expansions to the System and to pay costs associated with issuing the Series 2015 Bonds; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a Fourth Supplemental Agreement dated as of February 1, 2019 (the "Fourth Supplemental Agreement"), the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of $29,525,000 (the "Series 2019 Bonds"), to finance costs of improvements and expansions to the System and to pay costs associated with issuing the Series 2019 Bonds; 1 WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to this Fifth Supplemental Agreement the City will issue additional Bonds under the Agreement of Trust in the aggregate principal amount of$ , including the City's (a) $ Storm Water Utility Revenue Bonds, Series 2020A (the "Series 2020A Bonds"), the proceeds of which shall be used to finance Costs of the 2020 Project (as defined below) (including costs of issuance) [and to fund certain debt service reserves], and (b) $ Storm Water Utility Refunding Revenue Bonds, Series 2020B (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Series 2020 Bonds"), the proceeds of which shall be used to refund all of the Series 2010 Bonds that remain outstanding other than the Series 2010 Bonds maturing on November 15, 2020 (the Series 2020 Bonds to be refunded are hereinafter collectively referred to as the "Refunded Bonds"); WHEREAS, as evidenced by that certain Official Statement of the City dated September 23, 2020, the purchasers of the Series 2020 Bonds are deemed to have consented to the springing amendment to the Agreement of Trust set forth in Section 5.103 of this Fifth Supplemental Agreement and in Section 4.103 of the Fourth Supplemental Agreement; and WHEREAS, the City has taken all necessary action to make the Series 2020 Bonds, when authenticated by the Trustee and issued by the City, valid and binding limited obligations of the City and to constitute this Fifth Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2020 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree, as follows: ARTICLE I FIFTH SUPPLEMENTAL AGREEMENT Section 5.101. Authorization of Fifth Supplemental Agreement. This Fifth Supplemental Agreement is authorized and executed by the City and delivered to the Trustee pursuant to and in accordance with Articles III and XII of the Agreement of Trust. All terms, covenants, conditions and agreements of the Agreement of Trust shall apply with full force and effect to the Series 2020 Bonds and to the holders thereof, except as otherwise provided in this Fifth Supplemental Agreement. Section 5.102. Definitions. Except as otherwise amended or defined in this Fifth Supplemental Agreement, terms defined in the Agreement of Trust are used in this Fifth Supplemental Agreement with the meanings assigned to them in the Agreement of Trust. In addition, the following words as used in this Fifth Supplemental Agreement shall have the following meanings unless a different meaning clearly appears from the context: "2020 Project" shall mean improvements to and expansions of the System financed with the proceeds of the Series 2020A Bonds. 2 "Fifth Supplemental Agreement" shall mean this Fifth Supplemental Agreement of Trust between the City and the Trustee, which further supplements and amends the Agreement of Trust, as amended. "Letter of Representations" shall mean the Blanket Letter of Representations dated June 17, 1996, from the City to the Securities Depository and any amendments thereto or successor agreements between the City and any successor Securities Depository, relating to a book-entry system to be maintained by the Securities Depository with respect to the Bonds. Notwithstanding any provision of the Agreement of Trust, including Article XII regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Rebate Amount Certificate" shall have the meaning set forth in Section 5.702. "Refunded Bonds" shall mean all of the Series 2010 Bonds other than the Series 2010 Bonds maturing on November 15, 2020. "Registrar" shall mean U.S. Bank National Association, or any successors serving as such hereunder. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2020 Bonds appointed pursuant to Section 5.204, and their successors. "Series 2010 Bonds" shall mean, collectively, the City's (i) Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt), (ii) Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds), and (iii) Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt). "Series 2015 Bonds" shall mean the City's currently outstanding Storm Water Utility Revenue Bonds, Series 2015. "Series 2019 Bonds" shall mean the City's currently outstanding Storm Water Utility Revenue Bonds, Series 2019. "Series 2020 Bonds" shall mean, collectively, the Series 2020A Bonds and the Series 2020B Bonds. "Series 2020 Escrow Account" shall mean the Series 2020 Escrow Account established in Section 5.502 of this Fifth Supplemental Agreement. "Series 2020 Project Account shall mean the Series 2020 Project Account established in Section 5.501 of this Fifth Supplemental Agreement. 3 "Series 2020A Bonds" shall mean the City's $ Storm Water Utility Revenue Bonds, Series 2020A authorized to be issued pursuant to this Fifth Supplemental Agreement. "Series 2020B Bonds" shall mean the City's $ Storm Water Utility Refunding Revenue Bonds, Series 2020B authorized to be issued pursuant to this Fifth Supplemental Agreement. Section 5.103. Springing Amendment to Agreement of Trust. The terms of the Agreement of Trust shall be amended as follows: (a) Upon Effective Date (as defined below), the following paragraph shall be added immediately following Section 702(i) of the Agreement of Trust: "Notwithstanding anything to the contrary in the foregoing, moneys held in the Funds and Accounts may be invested in any obligations or securities that are at the time legal investments for public funds under the Investment of Public Funds Act (Section 2.2-4500 et seq. of Virginia Code) or the Government Non- Arbitrage Investment Act (Section 2.2-4700 et seq. of Virginia Code) or any other successor provisions of law applicable to such investments." (b) As used above, "Effective Date" means the earlier of the date on which (a) the Series 2010 Bonds and the Series 2015 Bonds are no longer outstanding, or(b) the holders of a majority in outstanding principal amount of all Bonds secured by the Agreement of Trust have consented to this amendment, it having been provided that all holders of the Series 2019 Bonds and the Series 2020 Bonds shall be deemed to have consented by their purchase of such bonds, as set forth in the official statements to such Series 2019 Bonds and Series 2020 Bonds. Section 5.104. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Fifth Supplemental Agreement. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2020 BONDS Section 5.201. Authorization of Series 2020 Bonds. There are hereby authorized to be issued the Series 2020 Bonds in the aggregate principal amount of $ , including the (a) Series 2020A Bonds in the aggregate principal amount of$ to finance the Cost of the 2020 Project, which is hereby authorized, and (b) Series 2020B Bonds in the aggregate principal amount of $ to refund the Refunded Bonds on their first optional redemption date of November 15, 2020, which is hereby authorized. 4 Section 5.202. Details of Series 2020 Bonds. (a) The Series 2020A Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2020A" shall be dated the date of their issuance and delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and multiples thereof, shall be numbered RA-1 upward and shall bear interest at the rates, payable semiannually on May 15 and November 15, beginning May 15, 2021, until their final payment or maturity, and shall mature on November 15 in the years and the amounts, set forth as follows: Maturity Principal Interest Maturity Principal Interest (Nov. 15) Amount Rate (Nov. 15) Amount Rate (b) The Series 2020B Bonds shall be designated "Storm Water Utility Refunding Revenue Bonds, Series 2020B" shall be dated the date of their issuance and delivery, shall be issuable only as fully registered bonds in denominations of$5,000 and multiples thereof, shall be numbered RB-1 upward and shall bear interest at the rates, payable semiannually on May 15 and November 15, beginning May 15, 2021, until their final payment or maturity, and shall mature on November 15 in the years and the amounts, set forth as follows: Maturity Principal Interest Maturity Principal Interest (Nov. 15) Amount Rate (Nov. 15) Amount Rate 5 (c) Each Series 2020 Bond shall bear interest (i) from its date, if such Series 2020 Bond is authenticated prior to the first interest payment date, or (ii) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2020 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2020 Bond payment of interest is in default, such Series 2020 Bond shall bear interest from the date to which interest has been paid. (d) Principal of and premium, if any, on the Series 2020 Bonds shall be payable to the registered owners upon the surrender of Series 2020 Bonds at the office of the Registrar. Interest on the Series 2020 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the fifteenth day preceding the interest payment date on the registration books kept by the Registrar; provided, however, if the Series 2020 Bonds are registered in the name of a Securities Depository or its nominee as registered owner or at the option of a registered owner of at least $1,000,000 of Series 2020 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Section 5.203. Form of Series 2020 Bonds. The Series 2020A Bonds shall be in substantially the form set forth in Exhibit A and the Series 2020B Bonds shall be in substantially the form set forth in Exhibit B, each with such appropriate variations, omissions and insertions as are permitted or required by the Agreement of Trust and this Fifth Supplemental Agreement. Section 5.204. Securities Depository Provisions. Initially, one Series 2020 Bond certificate for each maturity of the Series 2020 Bonds will be issued and registered to the Securities Depository, or its nominee. The City has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2020 Bonds. In the event that (a) the Securities Depository determines not to continue to act as a securities depository for the Series 2020 Bonds by giving notice to the Registrar and the City discharging its responsibilities hereunder or (b) the City in its sole discretion determines (1) that beneficial owners of Series 2020 Bonds shall be able to obtain certificated Series 2020 Bonds or (2) to select a new Securities Depository, then the City shall attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2020 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A or Exhibit B. Such certificated Series 2020 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 of the Agreement of Trust. So long as there is a Securities Depository for the Series 2020 Bonds (A) it or its nominee shall be the registered owner of the Series 2020 Bonds, (B) notwithstanding anything to the contrary in this Fifth Supplemental Agreement, determinations of persons entitled to payment of 6 principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Fifth Supplemental Agreement to registered owners of the Series 2020 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2020 Bonds and (E) in the event of any inconsistency between the provisions of this Fifth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations, such provisions of the Letter of Representations shall control. Section 5.205. Registrar. The selection of U.S. Bank National Association as Registrar is approved. Section 5.206. Delivery of Series 2020 Bonds. The Registrar shall authenticate and deliver the Series 2020 Bonds when there shall have been delivered to the Registrar a Request for Authentication stating that there have been filed with or delivered to the City Clerk all items required by Section 304 of the Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2020 BONDS Section 5.301. Redemption Dates and Prices. The Series 2020 Bonds may not be called for redemption by the City except as provided below: (a) Optional Redemption. Series 2020 Bonds maturing on or before November 15, 2030, are not subject to optional redemption prior to their stated maturities. Series 2020 Bonds that mature on or after November 15, 2031, will be subject to redemption at the option of the City on or after November 15, 2030, in whole or in part at any time(in any multiple of$5,000), without premium, upon payment of the principal amount of the Series 2020 Bonds so redeemed plus interest accrued to the redemption date. (b) [Mandatory Redemption. The Series 2020A Bonds maturing on November 15, 20 , are subject to mandatory sinking fund redemption prior to maturity in the years and amounts set forth below upon payment of 100% of the principal amount to be redeemed plus interest accrued to the redemption date: Year Amount * *final maturity 7 The Series 2020B Bonds maturing on November 15, 20_, are subject to mandatory sinking fund redemption prior to maturity in the years and amounts set forth below upon payment of 100% of the principal amount to be redeemed plus interest accrued to the redemption date: Year Amount * *final maturity The amount of Series 2020 Bonds to be redeemed pursuant to this subsection may be reduced in accordance with the provisions of Section 605 of the Agreement of Trust.] Section 5.302. Selection of Series 2020 Bonds for Redemption. If less than all of the Series 2020 Bonds of a series are called for redemption, the Series 2020 Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City. If less than all of the Series 2020 Bonds of a particular series and maturity are called for redemption, the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Series 2020 Bond to be redeemed shall be in a minimum principal amount of$5,000 or some multiple thereof. In selecting Series 2020 Bonds for redemption, each Series 2020 Bond shall be considered as representing that number of Series 2020 Bonds which is obtained by dividing the principal amount of such Series 2020 Bond by $5,000. If a portion of a Series 2020 Bond shall be called for redemption, a new Series 2020 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 5.303. Notice of Redemption. Notice of redemption of Series 2020 Bonds shall be given in the manner set forth in Section 402 of the Agreement of Trust. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2020 BONDS Section 5.401. Application of Proceeds of Series 2020 Bonds and Related Amounts. (a) Proceeds of the Series 2020A Bonds in the amount of $ (consisting of the principal amount of $ , [plus] [net] original issue [premium] of $ . , minus an underwriting discount of $ . ), including $ of the good faith deposit received by the City on September 23, 2020 and the $ in 8 proceeds received by the City on October _, 2020, shall be deposited [as follows: (i) the amount of $ shall be deposited] in the Series 2020 Project Account in the Construction Fund to be used to pay the Cost of the Project (including costs of issuance) [and (ii) the amount of$ shall be deposited in the Debt Service Reserve Fund]. [Alt: The City shall deposit its own cash (not proceeds of the Series 2020 Bonds) in the amount of $ into the Debt Service Reserve Fund.] (b) Proceeds of the Series 2020B Bonds in the amount of $ (consisting of the principal amount of $ , [plus] [net] original issue [premium] of $ . , minus an underwriting discount of $ . ), including $ of the good faith deposit received by the City on September 23, 2020 and the $ in proceeds received by the City on October_, 2020, shall be deposited in the Series 2020 Escrow Account to be used for the redemption of the Refunded Bonds on their first optional redemption date of November 15, 2020. ARTICLE V ACCOUNTS Section 5.501. 2020 Project Account. There shall be established within the Construction Fund a special account designated as the "2020 Project Account." The proceeds of the Series 2020A Bonds specified in Section 5.401(a) above shall be deposited in the 2020 Project Account and used to pay Costs of the 2020 Project, including costs of issuance of the Series 2020 Bonds, as evidenced by the requisitions provided in accordance with the provisions of the Agreement of Trust. Any balance remaining in the 2020 Project Account upon completion of the 2020 Project shall be disposed of in accordance with the provisions of Section 504 of the Agreement of Trust. Section 5.502. 2020 Escrow Account. There shall be established an escrow account pursuant to Section 306(a)(3) of the Agreement of Trust designated as the "2020 Escrow Account." The proceeds of the Series 2020B Bonds specified in Section 5.401(b) above shall be deposited in the 2020 Escrow Account and held therein [without investment] until November 15, 2020, when they shall be applied to redeem the Refunded Bonds in accordance with Section 306 of the Agreement of Trust. The Registrar is hereby directed to distribute on or before October 15, 2020 to the Securities Depository, as well as to the Electronic Municipal Market Access service of the Municipal Securities Rulemaking Board, conditional notice[s] of redemption of the Series 2020 Bonds in accordance with Section 402 of the Agreement of Trust, providing that the redemption date of the Refunded Bonds shall be November 15, 2020. 9 ARTICLE VI SECURITY FOR SERIES 2020 BONDS Section 5.601. Security for Series 2020 Bonds. The Series 2020 Bonds shall be equally and ratably secured under the Agreement of Trust with the Outstanding Bonds of any other series issued pursuant to Article III of the Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, as provided in the Agreement of Trust, other than any Subordinate Debt. ARTICLE VII ARBITRAGE REBATE FUND Section 5.701. Rebate Requirement. Except with respect to earnings on funds and accounts qualifying for exceptions to the rebate requirement of Section 148 of the Code, the City shall pay the rebate obligations under the Code (the "Rebate Amount") to the United States of America, as and when due, in accordance with Section 148(f) of the Code, as provided in this Article, and shall retain records of all such determinations until six years after final payment of the Series 2020 Bonds. Section 5.702. Calculation and Payment of Series 2020 Rebate Obligation. (a) The City selects November 15 as the end of the bond year with respect to the Series 2020 Bonds pursuant to Treasury Regulations Section 1.148-1. (b) Within 30 days after the initial installment computation date, which is the last day of the fifth bond year (November 15, 2025), unless such date is changed by the City prior to the date that any amount with respect to the Series 2020 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth the Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service or (3) Bond Counsel. A copy of each such Rebate Amount Certificate shall be filed in the records of the City and with the Trustee. (c) No later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series 2020 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore 10 made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2020 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2020 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made from any legally available moneys of the City. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives and delivers to the Trustee an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2020 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. Section 5.703. Reports by Trustee. The Trustee shall provide the City within 10 days after each November 15 and within 10 days after the final payment of the Series 2020 Bonds with such reports and information with respect to earnings of amounts held by it under the Agreement of Trust and this Fifth Supplemental Agreement as may be requested by the City in order to comply with the provisions of this Article. ARTICLE VIII MISCELLANEOUS Section 5.801. Limitations on Use of Proceeds. The City covenants with the holders of the Series 2020 Bonds as follows: (a) The Series 2020 Bonds, together with the Series 2019 Bonds and the Series 2015 Bonds, are the only Bonds that will be outstanding following the final disposition of the funds in the 2020 Escrow Account on November 15, 2020. There are no Parity Double Barrel Bonds, Prior Bonds, Subordinate Double Barrel Bonds or Subordinated Debt outstanding. (b) The City shall not take or omit to take any action or approve the Trustee's taking any action or making any investment or use of the proceeds of any Series 2020 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2020 Bonds, the Series 2019 Bonds or the Series 2015 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including participating in any issue of obligations that would cause the Series 2020 Bonds, the Series 2019 Bonds or the Series 2015 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2020 Bonds, the Series 2019 Bonds or the Series 2015 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time 11 to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2020 Bonds. (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series 2020 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of the Series 2020 Bonds. (c) The City shall not permit the proceeds of the Series 2020 Bonds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2020 Bonds from gross income for Federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2020 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 5.802. Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Fifth Supplemental Agreement or the Series 2020 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2020 Bonds any legal or equitable right, remedy or claim under or in respect to this Fifth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Fifth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Series 2020 Bonds as herein provided. Section 5.803. Severability. If any provision of this Fifth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Fifth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. 12 Section 5.804. Successors and Assigns. This Fifth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 5.805. Applicable Law. This Fifth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 5.806. Counterparts. This Fifth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Section 5.807. Patriot Act Disclosure. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [Signature Page Follows] 13 IN WITNESS WHEREOF, the City and the Trustee have caused this Fifth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager U.S. BANK NATIONAL ASSOCIATION, as successor Trustee By: Authorized Officer S-1 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede& Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RA- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA Storm Water Utility Revenue Bond Series 2020A Interest Rate Maturity Date Dated Date CUSIP % November 15, 20_ October_, 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each May 15 and November 15, beginning May 15, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the dated date stated above, if this bond is authenticated prior to May 15, 2021, or (b) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day preceding each interest payment date on registration books kept by U.S. Bank National Association, which has been appointed paying agent and registrar (the "Registrar"); provided, however, that if the Bonds, as hereinafter defined, are registered in the name of a securities depository or its nominee as registered owner or at the A-1 option of a registered owner of at least $1,000,000 of Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of$ Storm Water Utility Revenue Bonds, Series 2020A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity. The Bonds are issued under an Agreement of Trust dated as of January 1, 2000,between the City and U.S. Bank National Association, as successor trustee (the "Trustee"), as supplemented by a First Supplemental Agreement of Trust dated as of January 1, 2000, as further supplemented by a Second Supplemental Agreement of Trust dated as of November 1, 2010, as further supplemented by a Third Supplemental Agreement of Trust dated as of November 1, 2015, as further supplemented by a Fourth Supplemental Agreement of Trust dated as of February 1, 2019, and as further supplemented by a Fifth Supplemental Agreement dated as of October 1, 2020 (collectively, the "Agreement of Trust"), and are equally and ratably secured on a parity as to the pledge of Pledged Revenues (as defined in the Agreement of Trust) with the Parity Obligations (as defined in the Agreement of Trust). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds secured by a pledge of Pledged Revenues on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Subordinated Debt, as defined in the Agreement of Trust, may be issued under the terms and conditions set forth in the Agreement of Trust. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City payable solely from Pledged Revenues, except to the extent payable from the proceeds of the Bonds, income from investments, certain reserves and proceeds of insurance, which Pledged Revenues and other moneys have been pledged as described in the Agreement of Trust to secure payment thereof. The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from Pledged Revenues and other moneys pledged therefor, and neither the faith and credit nor the taxing, power of the Commonwealth of Virginia or any political subdivision thereof, including the City, is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds may not be called for redemption by the City except as provided herein and in the Agreement of Trust. Bonds maturing on or before November 15, 2030, are not subject to A-2 optional redemption prior to their stated maturities. Bonds that mature on or after November 15, 2031, will be subject to redemption at the option of the City beginning on November 15, 2030, in whole or in part at any time (in any multiple of$5,000), without premium, upon payment of the principal amount of the Bonds so redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some multiple thereof In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by$5,000. If any of the Bonds or portions thereof are called for redemption, the Registrar shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof, or if the book-entry system is discontinued, to the registered owners of the Bonds. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of$5,000 and multiples thereof Upon surrender for transfer or exchange of this bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. A-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the fifteenth day preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the dated date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia CERTIFICATE OF AUTHENTICATION Date Authenticated: October , 2020 This bond is one of the Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Registrar By: Authorized Officer A-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, or correspond with the name of the registered Savings Association who is a member of a owner as it appears on the front of this bond medallion program approved by The in every particular, without alteration or Securities Transfer Association, Inc. enlargement or any change whatsoever. A-6 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede& Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RB- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA Storm Water Utility Refunding Revenue Bond Series 2020B Interest Rate Maturity Date Dated Date CUSIP % November 15, 20_ October_, 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each May 15 and November 15, beginning May 15, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the dated date stated above, if this bond is authenticated prior to May 15, 2021, or (b) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day preceding each interest payment date on registration books kept by U.S. Bank National Association, which has been appointed paying agent and registrar (the "Registrar"); provided, however, that if the Bonds, as hereinafter defined, are registered in the name of a securities depository or its nominee as registered owner or at the B-1 option of a registered owner of at least $1,000,000 of Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $ Storm Water Utility Refunding Revenue Bonds, Series 2020B (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity. The Bonds are issued under an Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association, as successor trustee (the "Trustee"), as supplemented by a First Supplemental Agreement of Trust dated as of January 1, 2000, as further supplemented by a Second Supplemental Agreement of Trust dated as of November 1, 2010, as further supplemented by a Third Supplemental Agreement of Trust dated as of November 1, 2015, as further supplemented by a Fourth Supplemental Agreement of Trust dated as of February 1, 2019, and as further supplemented by a Fifth Supplemental Agreement dated as of October 1, 2020 (collectively, the "Agreement of Trust"), and are equally and ratably secured on a parity as to the pledge of Pledged Revenues (as defined in the Agreement of Trust) with the Parity Obligations (as defined in the Agreement of Trust). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds secured by a pledge of Pledged Revenues on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Subordinated Debt, as defined in the Agreement of Trust, may be issued under the terms and conditions set forth in the Agreement of Trust. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City payable solely from Pledged Revenues, except to the extent payable from the proceeds of the Bonds, income from investments, certain reserves and proceeds of insurance, which Pledged Revenues and other moneys have been pledged as described in the Agreement of Trust to secure payment thereof. The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from Pledged Revenues and other moneys pledged therefor, and neither the faith and credit nor the taxing, power of the Commonwealth of Virginia or any political subdivision thereof, including the City, is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds may not be called for redemption by the City except as provided herein and in the Agreement of Trust. Bonds maturing on or before November 15, 2030, are not subject to B-2 optional redemption prior to their stated maturities. Bonds that mature on or after November 15, 2031, will be subject to redemption at the option of the City beginning on November 15, 2030, in whole or in part at any time (in any multiple of$5,000), without premium, upon payment of the principal amount of the Bonds so redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Registrar shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof, or if the book-entry system is discontinued, to the registered owners of the Bonds. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of$5,000 and multiples thereof. Upon surrender for transfer or exchange of this bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. B-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the fifteenth day preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] B-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the dated date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia CERTIFICATE OF AUTHENTICATION Date Authenticated: October , 2020 This bond is one of the Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Registrar By: Authorized Officer B-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, or correspond with the name of the registered Savings Association who is a member of a owner as it appears on the front of this bond medallion program approved by The in every particular, without alteration or Securities Transfer Association, Inc. enlargement or any change whatsoever. 53978901.v2 B-5 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of October 1, 2020 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $ Storm Water Utility Revenue Bonds, Series 2020A, and its $ Storm Water Utility Refunding Revenue Bonds, Series 2020B (collectively, the "Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and event notices required by the Rule (collectively, the "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City's stormwater enterprise fund, prepared in accordance with generally accepted accounting principles; and (ii) operating data with respect to the City's stormwater disposal system of the type described in the City's Official Statement dated September 23, 2020, under the captions "Storm Water Utility Fees" and "Calculation of Revenue Covenant." If the financial statements filed pursuant to Section 2(a)(i) are not audited, the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, 2020. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC;provided,however,that any final official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (g) modifications to rights of Bondholders, if material; (h) bond calls, if material, and tender offers; (i) defeasance of all or any portion of the Bonds; (j) release, substitution, or sale of property securing repayment of the Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the City; (m) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business,the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (n) appointment of a successor or additional trustee or the change of name of a trustee, if material; (o) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (p) default,event of acceleration,termination event,modification of terms,or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. The term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or source of payment for, an existing or planned debt obligation; or (iii) guarantee of(i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. 2 Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defeasance(within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder(within the meaning of the Rule)or beneficial holder of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure,notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access (EMMA) system pursuant to procedures promulgated by the MSRB. Section 8. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager, City of Virginia Beach, Virginia 3 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH,VIRGINIA $ $ ` STORM WATER UTILITY STORM WATER UTILITY REVENUE BONDS, REFUNDING REVENUE BONDS, SERIES 2020A SERIES 2020B Electronic bids only will be received by the City of Virginia Beach,Virginia(the"City"),in accordance with this Official Notice of Sale until 10:30 A.M.,Eastern Time,on Wednesday,September 23,2020(the"Date of Sale") for the sale of the $ * preliminary aggregate principal amount of City of Virginia Beach, Virginia, Storm Water Utility Revenue Bonds and Refunding Revenue Bonds consisting of(a)$ *Storm Water Utility Revenue Bonds,Series 2020A(the"Series 2020A Bonds")and(b)$ * Storm Water Utility Refunding Revenue Bonds, Series 2020B (the "Series 2020B Bonds" and together with the Series 2020A Bonds, the `Bonds"). Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 5:00 p.m., Eastern Time,on the Date of Sale. Unless otherwise defined in this Official Notice of Sale,all capitali7ed terms shall have the meanings as set forth in the Preliminary Official Statement, dated September 16, 2020 (the "Preliminary Official Statement"), containing information related to the Bonds. Bid Submission Solely as an accommodation to bidders, electronic bids via PARITY® Competitive Bidding System ("PARITY®") will be accepted in accordance with this Official Notice of Sale. The City is using PARITY® as a communication mechanism to conduct the electronic bidding for the sale of the Bonds.To the extent any instructions or directions set forth in PARITY®conflict with this Official Notice of Sale,the terms of this Official Notice of Sale shall control.Each bidder submitting an electronic bid agrees(i)that it is solely responsible for all arrangements with PARITY®, (ii) that PARITY® is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of PARITY®.The City assumes no responsibility for,and each bidder expressly assumes the risks of and responsibility for,any incomplete,inaccurate or untimely bid submitted by such bidder through PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY®for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor PARITY® shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor PARITY® shall be responsible for proper operation of,or have any liability for,any delays or interruptions of,or any damages caused by,PARITY®.For further information about PARITY®,potential bidders may contact PARITY®at(212)849-5021. Any bid submitted pursuant to this Official Notice of Sale shall be considered a firm bid for the purchase of the Bonds. By submitting a bid for the Bonds,a bidder represents and warrants to the City that the bidder has an established industry reputation for underwriting new issuances of municipal bonds and such bidder's bid is submitted for and on behalf of such bidder by an officer or agent who is duly authorized to bind the bidder to a legal,valid and enforceable contract for the purchase of the Bonds. Once the bids are communicated electronically via PARITY®to the City,each bid will constitute an irrevocable offer to purchase the Bonds on the terms herein and therein provided. Subject to adjustment as set forth herein. Principal Redemption The Bonds will be limited obligation bonds of the City, dated the date of delivery, which is expected to be October 7,2020(the"Dated Date"),and will mature serially or be subject to mandatory sinking fund redemptions on November 15 in the years and amounts shown below. Series 2020A Series 2020B November 15 Bonds` November 15 Bonds* 2021 $ 2021 $ 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 2031 2031 2032 2032 2033 2033 2034 2034 2035 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Serial Bonds,Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide for all of the Series 2020A Bonds or all of the Series 2020B Bonds to be issued as serial bonds or may designate consecutive annual principal amounts of any series to be combined into one or more term bonds. Maturities on the term bonds for the Series 2020A Bonds and the Series 2020B Bonds will NOT be required to match. In the event that a bidder chooses to specify a term bond,each such term bond shall be subject to mandatory sinking fund redemption commencing on November 15 of the first year which has been combined to form such term bond and continuing on November 15 in each year thereafter until the stated maturity of such term bond.The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above.The Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the maturities of the term bond being redeemed. Adjustment of Principal Amount Prior to Opening of Bids The preliminary aggregate principal amount of the Bonds and the preliminary annual principal maturities of the Bonds,each as set forth in this Official Notice of Sale,may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of the bids will be published via TM3 Newswire (or some other municipal newswire recognized by the municipal securities industry)and via PARITY®no later than 9:30 a.m.,Eastern Time, on the Date of Sale.In the event that no such revisions are made,the preliminary amounts will constitute the amounts that shall be used for the bid and award of the Bonds,subject to further adjustment,as described below. •Subject to adjustment as set forth herein. Adjustment of Principal Amount After Award The City reserves the right,after the award of the Bonds to the successful bidder,to increase or decrease,by up to fifteen percent(15%)the aggregate principal amount of the Series 2020A Bonds and to increase or decrease by up to fifteen percent(15%)the aggregate principal amount of the Series 2020B Bonds being offered hereby.Any such increase or decrease in the principal amount of particular maturities of the Series 2020A Bonds and the Series 2020B Bonds will be communicated to the successful bidder by 5:00 p.m., Eastern Time, on the Date of Sale. The dollar amount bid for the principal of the Series 2020A Bonds and the Series 2020B Bonds by the successful bidder will be adjusted,as necessary,to reflect any increase or decrease in the principal amount of the applicable maturities of the Series 2020A Bonds and the Series 2020B Bonds so adjusted,but the interest rates specified by the successful bidder for each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder's compensation per$1,000 of par amount of the Series 2020A Bonds and the Series 2020B Bonds from that which would have resulted from the bid submitted.The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Description of the Bonds;Book-Entry Only System The Bonds will be issued pursuant to an Agreement of Trust dated as of January 1,2000,as previously supplemented and as further supplemented by a Fifth Supplemental Agreement of Trust dated as of October 1, 2020 (collectively, the "Agreement of Trust"), all between the City and U.S. Bank National Association (successor to First Union National Bank), Richmond, Virginia, as trustee (the "Trustee"). The Bonds will be issued by means of a book-entry system with no distribution of physical bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company,New York,New York("DTC"), or its nominee, and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of$5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC. Interest on the Bonds will be paid semiannually on May 15 and November 15,beginning May 15,2021,and principal on the Bonds will be paid annually on November 15,beginning November 15,2021,to DTC or its nominee as registered owner of the Bonds.Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC,its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City.Under such circumstances,in the event that a successor securities depository is not obtained,bond certificates are required to be prepared,executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository).In that case,either a successor depository will be selected by the City or bond certificates will be prepared,executed and delivered. Optional Redemption The Bonds that mature on and after November 15,2031,will be subject to redemption beginning November 15,2030, in whole or in part at any time, at the option of the City,upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date. The Bonds that mature on and before November 15,2030 are not subject to optional redemption. Selection of Bonds for Redemption;Notice of Redemption If less than all of the Bonds are called for redemption,the Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City.If less than all of the Bonds of a particular maturity are called for redemption,the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or,if the book-entry system is discontinued, by the City Treasurer,who has been appointed the registrar(the"Registrar"),by lot in such manner as the Registrar in its discretion may determine.In either case,each portion of the$5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by the Trustee to the holders by facsimile transmission,registered or certified mail or overnight express delivery,not less than 30 nor more than 60 days prior to the redemption date,to the registered owner thereof.Neither the City nor the Trustee shall be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds.If no qualified securities depository is the registered owner of the Bonds,notice of redemption shall be mailed to the registered owners of the Bonds.If a portion of a Bond is called for redemption,a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security The Bonds are limited obligations of the City, payable solely from Pledged Revenues (as defined in the Agreement of Trust and as more fully described in the Preliminary Official Statement).The Bonds shall not be deemed to constitute indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia (the "Commonwealth") nor the faith and credit of any county, city, town or other subdivision of the Commonwealth, including the City.The issuance of the Bonds does not directly,indirectly or contingently obligate the Commonwealth or any other political subdivision of the Commonwealth,including the City,to levy and collect any taxes whatsoever or make any appropriation therefore except from the Pledged Revenues to the payment of the principal of and premium,if any,and interest on the Bonds.In the Agreement of Trust,the City covenants to fix,charge,collect and revise its fees,rates and other charges for the use of and for the services furnished by the System in each Fiscal Year so as to produce revenues sufficient to pay the cost of operation and maintenance,the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefor. Use of Bond Proceeds As described in more detail in the Preliminary Official Statement,the Bonds are being issued to provide funds for various stormwater construction projects in the City and for certain costs of issuance related to the Bonds. Bidding Rules;Award of Bonds Bidders may only bid to purchase all of the Bonds.Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth(1/20th)or one-eighth(1/8th)of one percent.Each bidder must specify in its bid a single rate for each maturity of the Series 2020A Bonds and a single rate for each maturity of the Series 2020B Bonds. For the Series 2020A Bonds, any number of rates may be named,provided that(a)no interest rate for any maturity may be lower than 3.00%and(b)no interest rate for any maturity may exceed 5.00%. For the Series 2020B Bonds,any number of rates may be named,provided that(a)no interest rate for any maturity may be lower than 3.00% and(b)no interest rate for any maturity may exceed 5.00%.In no event shall the combined"true"interest cost of the Series 2020A Bonds and the Series 2020B Bonds exceed 3.50%,calculated as described in the paragraph below. No bid for less than 100%of par value of the principal amount of the Series 2020A Bonds and less than 100% of par value of the principal amount of the Series 2020B Bonds(computed on the basis of a 360-day year and twelve 30-day months)shall be considered.No bond of any maturity may be reoffered at a price less than 95%of the principal amount of such bond.The City reserves the right to reject any or all bids(regardless of the interest rate bid),to reject any bid not complying with this Official Notice of Sale and,so far as permitted by law,to waive any irregularity or informality with respect to any bid or the bidding process. Each bid must be unconditional. Unless all bids are rejected,the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest"true"interest cost to the City.True interest cost shall be determined for each bid by doubling the semiannual interest rate,compounded semiannually,necessary to discount the debt service payments from the payment dates to the Dated Date and to the aggregate price bid for the Bonds.If more than one bid offers the same lowest true interest cost,the successful bid will be selected by the City Manager by lot. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement,any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment.Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. As promptly as reasonably possible after the bids are received,the City will notify the bidder to whom the Bonds will be awarded,if and when such award is made. Such bidder,upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds. All bids will remain firm until the award of the Bonds.An award of the Bonds,if made,will be made by the City Manager by the City by 5:00 p.m.,Eastern Time,on the Date of Sale. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of$ payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds,as instructed by the City's Financial Advisor.The successful bidder must submit the Good Faith Deposit not later than 4:00 P.M.,Eastern Time,on the Date of Sale.The successful bidder shall provide the federal funds reference number upon request of the City.If the successful bidder fails to comply with the terms of its bid,the Good Faith Deposit shall be retained by the City as full liquidated damages;otherwise,the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. Wiring instructions for the Good Faith Deposit may be obtained from Andrew T. Oliver, Debt and Financial Services Administrator (telephone(757)385-8228;email atoliver®vbgov.com). Delivery of the Bonds The Bonds will be delivered at the expense of the City,in New York,New York,through the facilities of DTC on or about October 7,2020. Concurrently with the delivery of the Bonds,the City will furnish to the successful bidder without cost(a)a certificate dated the date of delivery of the Bonds,signed by the appropriate City officials and stating that no litigation of any kind is then pending or,to the best of their information,knowledge and belief,threatened against the City to restrain or enjoin the issuance or delivery of the Bonds and(b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System"and"Tax Exemption"and in the columns"Price/Yield"and"CUSIP No."on the inside cover),on the date of the Official Statement and on the date of delivery of the Bonds,were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made,not misleading. Such certificates will also state,however,that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is notaccurate. Issue Price Determination The City expects and intends that the bid for the Bonds will satisfy the federal tax requirements for a qualified competitive sale of bonds,including,among other things,receipt of bids for the Bonds from at least three underwriters, who have established industry reputations for underwriting new issuances of municipal bonds (a "Qualified Competitive Bid").The City will advise the successful bidder as promptly as possible after the bids are opened whether the bid constitutes a Qualified Competitive Bid,or,in the alternative,a bid that fails to satisfy such requirements(a "Nonqualified Competitive Bid"). If the bid is a Qualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder, and such bidder,upon such notice, shall advise the City within 30 minutes of the reasonably expected initial offering price to the public of each maturity of the Bonds. In addition, the winning bidder shall be required to provide to the City information to establish the initial expected offering price for each maturity of the Bonds for federal income tax purposes by completing a certificate acceptable to Bond Counsel to the City,on or before the date of issuance of the Bonds,substantially in the form set forth in Exhibit A to the Official Notice of Sale,with appropriate completions,amendments and attachments. If the bid is a Nonqualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder,and such bidder,upon such notice,shall advise the City within 30 minutes of the initial sale price or initial offering price to the public,as applicable,of each maturity of the Bonds.In addition,the winning bidder shall be required to provide to the City information and assurances to establish the initial sale price or the initial offering price to the public, as applicable, for each maturity of the Bonds for federal income tax purposes by completing a certification acceptable to Bond Counsel in substantially the form set forth in Exhibit B to the Official Notice of Sale, with appropriate completions, omissions and attachments. It is noted that procedures for a Nonqualified Competitive Bid may require the winning bidder and,if applicable,other underwriters of the Bonds,to hold the initial offering prices for certain maturities of the Bonds for up to five business days after the sale date,as further specified in the form of such certification. Undertakings of the Winning Bidder The successful bidder must,by electronic transmission received by the City within 2 hours after notification of fmal principal amounts of the Bonds, furnish the following information to the City to complete the Official Statement in fmal form,as described below: A. The offering prices for the Bonds(expressed as the price or yield per maturity,exclusive of any accrued interest). B. Selling compensation(aggregate total anticipated compensation to the underwriter expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described above). C. Any desired combination of annual principal installments of the Series 2020A Bonds or the Series 2020B Bonds bearing the same interest rate into term bonds with mandatory sinking fund redemption requirements. D. The identity of the underwriters if the successful bidder is a part of a group or syndicate. E. Any other material information necessary to complete the Official Statement in fmal form but not known to the City. F. Confirmation from the successful bidder that it will execute and deliver the applicable issue price certificate on or prior to the delivery date and will comply in all respects with the provisions of such certificate. CUSIP Numbers Public Resources Advisory Group,municipal advisor to the City,will timely apply for CUSIP numbers with respect to the Bonds as required by MSRB Rule G-34. The successful bidder will be responsible for the cost of assignment of such CUSIP numbers. It is anticipated that CUSIP numbers will be printed on the Bonds,but the failure to print such numbers on any Bond or any error with respect thereto shall not constitute cause for a failure or refusal by the successful bidder to accept delivery of and make payment for the Bonds. Official Statement The City will furnish the successful bidder at the expense of the City a reasonable number of copies of the fmal Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12,as amended(the"Rule"),of the Securities and Exchange Commission(the"SEC")and the rules of the MSRB provided that minor delays in furnishing such fmal Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds.Additional copies will be made available at the successful bidder's request and expense.The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The City expects the successful bidder to deliver copies of such Official Statement in fmal form (the "Final Official Statement")to persons to whom such bidder initially sells the Bonds and the Municipal Securities Rulemaking Board("MSRB")via the MSRB's Electronic Municipal Market Access System("EMMA"). The successful bidder will be required to acknowledge receipt of such Final Official Statement, to certify that it has made delivery of the Final Official Statement to the MSRB via EMMA,to acknowledge that the City expects the successful bidder to deliver copies of such Final Official Statement to persons to whom such bidder initially sells the Bonds and to certify that the Bonds will only be offered pursuant to the Final Official Statement and only in states where the offer is legal. The successful bidder shall notify the City as soon as practicable of(1) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with the MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Legal Opinion The approving opinion of Butler Snow LLP,Richmond,Virginia, Bond Counsel, with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as defined in the Preliminary Official Statement, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Agreement of Trust on a parity with other stormwater utility revenue bonds of the City. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal or any state's securities laws. Tax Matters The Preliminary Official Statement contains a discussion of the effect of the Internal Revenue Code of 1986, as amended,on the exclusion from gross income of interest on the Bonds and contains the proposed form of the opinion of Butler Snow LLP,insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree,pursuant to the Continuing Disclosure Agreement,to provide certain annual fmancial information and operating data and notices of the occurrence of certain events.A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix F of the Preliminary Official Statement date September 16,2020).Except as otherwise may be described in the Preliminary Official Statement(to the extent that any described instance constitutes a material failure),as of the date hereof,the City is not aware of any instances in the previous five years in which it has failed to comply in any material respect with any previous undertaking entered into pursuant to Rule 15c2-12. Right to Change the Notice of Sale and Change of Date and Time for Receipt of Bids The City reserves the right to make changes to this Official Notice of Sale and reserves the right to change the date and time established for the receipt of bids. Any such changes will be announced via TM3,or any other such service not later than 9:30 a.m. (Eastern Time)on the Date of Sale. If the date and time fixed for receipt of bids is changed,any alternative date and time for receipt of bids will be announced via TM3,or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date and time in conformity with the provisions of this Official Notice of Sale,except for any changes announced via the TM3 newswire,or any other such service,as described therein. Additional Information For further information relating to the Bonds and the City,reference is made to the City's Preliminary Official Statement.The City has deemed the Preliminary Official Statement to be fmal as of its date within the meaning of the Rule,except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Notice of Sale and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Public Resources Advisory Group(telephone 212-566-7800). CITY OF VIRGINIA BEACH,VIRGINIA By:Patrick A.Duhaney City Manager Dated: September_,2020 Exhibit A To Official Notice of Sale Form of Issue Price Certificate For Qualified Competitive Sale CITY OF VIRGINIA BEACH,VIRGINIA $ $ STORM WATER UTILITY STORM WATER UTILITY REVENUE BONDS, REFUNDING REVENUE BONDS, SERIES 2020A SERIES 2020B ISSUE PRICE CERTIFICATE The undersigned, on behalf of (the "Initial Purchaser"), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the"Bonds"). 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date,the reasonably expected initial offering prices of the Bonds to the Public by the Initial Purchaser are the prices listed in Schedule A(the"Expected Offering Prices").The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Initial Purchaser in formulating its bid to purchase the,Bonds. Attached as Schedule B is a true and correct copy of the bid provided by the Initial Purchaser to purchase the Bonds. (b) The Initial Purchaser was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Initial Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. (a) "Issuer"means the City of Virginia Beach. (b) "Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate Maturities. (c) "Public"means any person(including an individual,trust,estate,partnership,association, company, or corporation)other than an Underwriter or a related party to an Underwriter.The term"related party" for purposes of this certificate generally means any two or more persons who have(i) at least 50% common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (d) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (e) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws,including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of the Internal Revenue Service Form 8038- G,and other federal income tax advice that it may give to the City of Virginia Beach time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Expected Initial Offering Prices of the Bonds [Insert] SCHEDULE B Copy of Bid [Insert] Exhibit B To Official Notice of Sale Form of Issue Price Certificate For Nonqualified Competitive Sale CITY OF VIRGINIA BEACH,VIRGINIA $ $ STORM WATER UTILITY STORM WATER UTILITY REVENUE BONDS, REFUNDING REVENUE BONDS, SERIES 2020A SERIES 2020B ISSUE PRICE CERTIFICATE The undersigned,on behalf of (the"Initial Purchaser")[and other Underwriters,as defined below], hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the"Bonds"). 1. Sale of the General Rule Maturities. As of the date of this Certificate,for each Maturity of the General Rule Maturities,the first price at which 10%of such Maturity was sold by the Initial Purchaser to the Public is the respective price listed in Schedule A. 2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) The Initial Purchaser offered the Hold-the-Offering Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A(the"Initial Offering Prices")on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this Certificate as Schedule B. (b) As set forth in the Notice of Sale and bid award,the Initial Purchaser has agreed in writing that,(i)for each Maturity of the Hold-the-Offering-Price Maturities,it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity(the"hold-the-offering-price rule"),and(ii)any selling group agreement shall contain the agreement of each dealer who is a member of the selling group,and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement,to comply with the hold-the-offering-price rule.Pursuant to the foregoing,no Underwriter has offered or sold any Maturity of the Hold-the-Offering Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (c) "General Rule Maturities"means those Maturities of the Bonds shown in Schedule A hereto as the "General Rule Maturities." (d) "Hold-the-Offering-Price Maturities"means those Maturities of the Bonds listed in Schedule A hereto as the"Hold-the-Offering-Price Maturities." (e) "Holding Period" means,with respect to a Hold-the-Offering-Price Maturity,the period starting on the Sale Date and ending on the earlier of(i) the close of the fifth business day after the Sale Date,or(ii)the date on which the Initial Purchaser has sold at least 10%of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. (f) "Issuer"means the City of Virginia Beach. (g) "Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate maturities. (h) "Public"means any person(including an individual, trust,estate,partnership,association, company, or corporation)other than an Underwriter or a related party to an Underwriter.The term"related party"for purposes of this certificate generally means any two or more persons who have(i) at least 50%common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (i) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (j) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws,including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of Internal Revenue Service Form 8038-G, and other federal income tax advice it may give to the Issuer from time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Sale Prices of the General Rule Maturities [Insert] Initial Offering Prices of the Hold-The-Offering-Price Maturities [Insert] SCHEDULE B Pricing Wire or Equivalent Communication [See Attached] H. PLANNING 1. KIM WILKINS for a Conditional Use Permit re short term rental at 1125 Pond Cypress Drive DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 2. JAMES E. DODD for a Conditional Use Permit re short term rental at 2305 Oak Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 3. GEOFFREY WHITESIDE for a Conditional Use Permit re short term rental at 131 South Thalia Road DISTRICT 5—LYNNHAVEN (Deferred from July 28, 2020) STAFF RECOMMENDATION: APPROVAL 4. DAVID LUCAS for a Conditional Use Permit re short term rental at 505 Barberton Drive DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 5. CURTIS JORDAN for a Conditional Use Permit re short term rental at 629 Surfside Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 6. 510 HOLDING, LLC/SANDRA L. BORTE for Conditional Use Permits re short term rental at 510 18th Street: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 7. 510 HOLDING,LLC for Conditional Use Permits re short term rental at 508 18th Street: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 8. NICHOLAS SANTIAGO for a Conditional Use Permit re short term rental at 905 12th Street DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL Huee� ass� �: 4 s V, -;) Lkvv NOTICE OF PUBLIC HEARING A joint 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 19t Street, Virginia Beach, Virginia, on Tuesday,September 1,2020 at 6:00 p.m., at which time the following applications will be heard: Kim Wilkins[Applicant&Owner]Conditional Use Permit (Short Term Rental)1125 Pond Cypress Drive(GPIN 1468773375)COUNCIL DISTRICT-BAYSIDE David Lucas[Applicant&Owner]Conditional Use Permit (Short Term Rental) 505 Barberton Drive (GPIN 2417780334)COUNCIL DISTRICT-BEACH Curtis Jordan [Applicant & Owner] Conditional Use Permit(Short Term Rental)629 Surfside Avenue(GPIN 2426381576)COUNCIL DISTRICT-BEACH James E. Dodd [Applicant & Owner] Conditional Use Permit (Short Term Rental) 2305 Oak Street (GPIN 1590416213)COUNCIL DISTRICT-LYNNHAVEN 510 Holding, LLC[Applicant]Sandra L.Bode[Owner] Conditional Use Permits(Short Term Rentals)510 A&B 18th Street(GPIN 2427061948)COUNCIL DISTRICT- BEACH 510 Holding,LLC[Applicant&Owner]Conditional Use Permits(Short Term Rentals)508 A&B 18th Street (GPIN 2427061989)COUNCIL DISTRICT-BEACH Nicholas Santiago[Applicant&Owner]Conditional Use Permit (Short Term Rental) 905 12th Street (GPIN 24178456880905)COUNCIL DISTRICT-BEACH Geoffrey Whiteside[Applicant&Owner]Conditional Use Permit(Short Term Rental)131 S.Thalia Road(GPIN 1477839426)COUNCIL DISTRICT-LYNNHAVEN 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 pttn//www.vbeov comioc For information call 385- 4621.Staff reports will be available on the webpage 5 days prior to the joint meeting. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at htths:[(vt p v wul er corn ivngov C 4P tiger-PhD?MTID =e26f; •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnestvbgov.com prior to 5:00 p.m.on September 1,2020 If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at(757)385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. Please provide the Virginia Relay operator the login information for the Webex and the operator will login to allow participation for individuals with hearing disabilities. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON-AUGUST 16&23,2020-1 TIME EACH / / 4114P ----- / '7 i / ‘ *////7----t- 111) ______,---_, J j ill 5D &/P=1 J 1 . 'R-5D*R= D7 111 o *P- 4I � 11._____ ,, il ---,,, __ V ______----- -- :1L15 ONNAIIIIL -- i Cl. i r A Site Kim Wilkins W Property_Polygons 1125 Pond Cypress Drive v�:�� s Zoning r— Parking Lot Drive Aisle mi mom. IN _Feet I IRiiiltiinn 0 10 20 40 60 80 100 120 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KIM WILKINS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1125 Pond Cypress Drive (GPIN 1468773375). COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 1, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a single-family dwelling built in 1993 within the Cypress Point neighborhood. The four-bedroom home requires four off-street parking spaces per Short Term Rental requirements. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The four required off-street parking spaces are accommodated on-site with two spaces in the driveway and two located in a two-car garage. The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable and a condition is recommended to ensure that the garage remain accessible for parking while the Short Term Rental is active. As an aside, on-street parking is permitted throughout the neighborhood 24 hours per day/seven days a week to accommodate any overflow parking. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request and Staff received two letters of support from adjacent property owners on Pond Cypress Drive that were provided to the Planning Commission and are attached below. • Recommendation: On July 8, 2020, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, passing a motion by a recorded vote of 10-0; however, due to an advertising error, this item is rescheduled for the September 1, 2020 joint session of both the Planning Commission and City Council. Kim Wilkins Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 1125 Pond Cypress, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Kim Wilkins 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 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 one (1) rental contract 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 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 Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department . �y ly City Manager:R 1VBApplicant & Property Owner: Kim Wilkins Agenda Item Public Hearing: September 1, 2020 City Council Election District: Bayside Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ` s: Approval 3 f Staff Planner Summer Peebles a� ,e` ," E 6 Location ,..,c3,,: °9e J \� ���� Fn�h/P 1125 Pond Cypress Drive ' ) /�� y<a J �� �¢ GPIN bj%Fd,) DVS 41rscik ,si t 8 Qo`° 9 1468773375 �d°°w�yR°b t `� Site Size .1 r N i 9,116 square feet a › Existing Land Use and Zoning District Single-family dwelling/ PD-H2 Planned Unit Development (R-5D Residential) Surrounding Land Uses and Zoning Districts , .- ,, .- _ North Single-family dwellings/ R-5D Residential South lam_ Single-family dwellings/ R-5D Residential r East xi. r; . Pond Cypress Drive Single-family dwellings/ R-5D Residential r I., 4'. West > - — Retention Pond / P-1 Preservation =� o 4 -,,, _ _ - -- - • Q ...llt �s ,4f w-e r .;... q ,,,v, 6 , ' k --) Kim Wilkins Agenda Item 1 Page 1 Background & Summary of Proposal Site Conditions and History • The 9,116 square foot parcel is zoned PD-H2 Planned Development District(R-5D Residential). • City records indicate this Single-family dwelling was built in 1993. • Staff inspected the site on May 12, 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 • egote • so t h swab- ' F; ' 'MI6; Y ,„\ • 111 it masa.at Imo.4P • 0/n ive/.frz te a� STATUS jikr— *dip . .` //� F • Approved � Q // 1 j • Denied V. Q Under Review pYJ Norwell Lane 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 • Number of parking spaces provided on-site:4 Kim Wilkins Agenda Item 1 Page 2 / T < 41, /<() AO, Zoning History 11111 ' /� 1 # Request � LUP(Cypress Point)Approved 02/04/1985 Pt Esip E 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 The applicant is requesting a Conditional Use Permit for a Short Term Rental for a four bedroom single-family dwelling located in the Cypress Point subdivision.The Cypress Point subdivision is a planned development consisting of single- family residential dwellings. Short Term Rental use has not proven to be common in this area of the City.The four required on-site parking spaces are accommodated with two spaces in the driveway and two located in a two-car garage.The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met.Staff has received two letters of support. 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 1125 Pond Cypress, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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 Kim Wilkins Agenda Item 1 Page 3 Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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 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 one (1) rental contract 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 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 Kim Wilkins Agenda Item 1 Page 4 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 • 2 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 August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. Kim Wilkins Agenda Item 1 Page 5 Site Layout & Parking Plan N24��5 i f h— , 9A \ 11A 13A 12A 45. .c4 N EDGE OF WATER 'S` . ZONE A- 0," WOOD B.H. " 0.5' ZONE X —--— —x--X�—x VARIABLE WIDTH DRAINAGE �� & IMPOUNDMENT EASEMENT ON UNE s, VAULT si s. PIN (F) fig- 4- ) •` `f0 ��� �F \� GAZEBO •o. A/y& / 0.3' \Asti, ' 0.3 �— (F) O.ir 0.3' PIN (F) ALL FENCES .-1 7/ W000 S Y !f� ---1:= \t y 1 FRAME SHED Z NO FOUND.-----.., i n g l e- at >. — x 5.3. amiIy.,. .. _ v.. 3 Dwellin . 3.5' 7t. i a 9.7' N I 0.4'z11.0 "-t 12 A 1 10' DRAINAGE ESMT. - 3 4 T.V. PED. PN (F) J PIN (F) 75.00' S OTIS 07. W 35208' TO CLUB HEAD RD. POND CYPRESS DRIVE (50') Kim Wilkins Agenda Item 1 Page 6 L aSed I wall epuaSV suifl!M ui!N . mar... -�'r 3 � I if : t: 1, r .tee ._ F ' Mak Lfirlear : 4 - " iii--, solOgd a1!S Site Photos V i Iq r>t`i "' < ti .' ' - . • - Jr'..'.,.-.ristort..m _,4..t'7 l:l4i e ‘.'',-4''..N'a a...."..',4'.,''-4'''''L. •..‘.if ,4 L y . :y 4 � ! a il ii T 1 - at �> - }.- i.. ,.� Kim Wilkins Agenda Item 1 Page 8 Disclosure Statement IF `r{in`: Real, APPLICANT'S NAME ,-.,,C>W.' .ns DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4. 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 Mannino Commission and City Council meetino that terrains to the ac,plication(s). AAPPLICANT NOTIFIED OF HEARING DATE: 08/18/2020 5-0^^'"N''1"C NO CHANGES AS OF DATE: I 08/18/20 .1,r PCtb)(c L Q REVISIONS SUtMITTED DATE: Kim Wilkins Agenda Item 1 Page 9 Disclosure Statement Virginia Beach 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 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 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 Kim Wilkins Agenda Item 1 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) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Kim Wilkins Agenda Item 1 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) (� I '" I Accounting and/or preparer of I I your tax return 12, 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 I VI (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 l t'( 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 Kim Wilkins Agenda Item 1 Page 12 Disclosure Statement i 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. _ w1LIC1i4S 02izei2o2 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Kim Wilkins 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. Kim Wilkins Agenda Item 1 Page 14 INN ..,_ 4,,,,1 4 --,-T-._ / ,,, . a, ,, __. v° ��i,4, - f \ a,�' 0 aibpato ��' 8 Z s `'- fit. 4114 I Virili "1 ..*G�� �.. / 71/ ilar\(..-: . :., 0 - � Sae '7.7"------------\ -_, 1- PH4i , b_ r'I- 1, ; I i - - -- _• i - - .2fra ..„ ,. _______ __ ip.„ ; 1 . .,_ .,.. '> Ii �' O N N i '�► f- • • ' The verbatim of the July 8, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 1, 2020, again due to advertising error. Items # 11. Kim Wilkins Conditional Use Permit (Short Term Rental) 1125 Pond Cypress Drive 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 requirementsfor 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 lenderand 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 againstthe following items 1, 3, 4, 11 , 13, 15, 16, 17, and 18, have been approved by consent. If you have had 2 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.Than kyou all for your participation.The next order of business is the Regular Agenda. Bill Landfairwill 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 . The following conditions shall only apply to the dwelling unit addressed as 1125 Pond Cypress, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 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. 3 5. 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). 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 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 S hod 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 ShortTerm Rental must maintain registration with the Commissionerof 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. 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 understate 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 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 5 TO: City of Virginia Beach FROM: Geraldine Mercado, 1129 Pond Cypress Drive, Virginia Beach,VA 23455 DATE: Wednesday, May 20, 2020 RE: 1125 Pond Cypress Drive,Virginia Beach, VA 23455 My husband and l live next door to Mr. and Mrs. Wilkins' lovely house at 1125 Pond Cypress Drive and we would like to personally recommend them as excellent short-term rental hosts. Our family and friends were visiting from out of town last year and we had the pleasure of experiencing the home when our family and friends stayed at the property during their visit to Virginia Beach. The home was beautifully furnished, clean, inviting and professionally maintained. I have observed other guests visit the home and we did not have any concerns or experience any issues. There is not a high volume of traffic at the property and it appears that the Wilkins' primarily rent the home to small families. i/LCAAA. Geraldine Mercado 1129 Pond Cypress Drive Virginia Beach,VA 23455 DocuSign Envelope ID:4688518F-4AD1-4901-800A-4496C2C28CB3 Stephen &Jacqueline Riley 1128 Pond Cypress Drive Virginia Beach,VA 23455 27th March, 2020 Letter of Recommendation RE: 1125 Pond Cypress Drive—Short Term Rental To Whom It May Concern, My name is Jacqueline Riley, I reside at 1128 Pond Cypress Drive and I am the neighbor of Kim and Jay Wilkins (1125 Pond Cypress Drive). It is my understanding that Mrs. Wilkins has requested a permit to continue renting her home on a short-term basis and I would like to take this opportunity to recommend Ms. Wilkins and her property as a responsible landlord/host and steward of such a service. Mrs. Wilkins has been renting her home on a short-term basis for approximately one year and her guests have been quiet, polite and courteous. In fact, most of the time we rarely notice anyone is there. In addition to keeping the property in excellent condition, the Wilkins' have enforced strict rules and guidelines to ensure there are no negative effects on the neighborhood or neighbors. Ms. Wilkins has shown that she values her responsibility as a landlord/host and has displayed high standards with regards to short-term guests and from what I have witnessed, primarily rents to parents and grandparents visiting their military children, business professionals attending seminars/conferences and families who were visiting local tourist attractions/beaches, church events and even gymnastic events. I am also aware of neighbors who have rented the home for family members when visiting from out of town and they had a wonderful experience. Should you have any questions please do not hesitate to contact me. Sincerely, Docu$Igned by: 3/27/2020 F63 EDD287 1F., Mrs. acque ine Riley 1128 Pond Cypress Drive Virginia Beach VA 23455 Jackie.rilev.va(dh mail.com ''',;:; :-;- :,-:,:ir2 :404y,'.:*rir'', ,,\. \ o\- \ 0 _----- \' . \ It ft0cI7.5 0 z - 00\ lig - r / R-7.5 `� co er s 5 N erot '', \ .v e ...--R-7 5 ot e sh \ * \ ve ore r j N ,�. __.\_:,,c_\ \ ,\s I R.-7:5—` N re 1, Site James E. Dodd W., INOTI;E j Property_Polygons 2305 Oak Street Zoning 1 i Parking Lot Drive Aisle .1 ilo. limil Feet 1 1 _ .. .. 0 10 20 40 60 80 100 120 c :F., \ f_to---7:-'-it, 4, cs ,\ _,? „.., _,...,_, ,,,,:.,:,:z.:::... CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: JAMES E. DODD [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2305 Oak Street, GPIN 1590416213). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 1, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 6,900 square-foot lot located in the Cape Story by the Sea neighborhood. The property is zoned R-7.5 Residential District (Shore Drive Overlay) and contains one three-bedroom single-family dwelling built in 1960. 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, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, 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. ■ Considerations: This property is located within the Shore Drive corridor and is approximately 300 feet from the public beach of the Chesapeake Bay. There is a mixture of single- family and duplex style residential dwellings in this community. The submitted parking plan depicts a concrete driveway that can accommodate all three required off-street parking spaces, which is particularly important since on-street parking is not permitted along this portion of Oak Street. It appears that all 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. One letter of opposition was received relating to this request and was provided to the Planning Commission and is attached. This letter notes concern regarding the number of Short Term Rental units on Oak Street and the number of people occupying each Short Term Rental. At the public hearing, the Planning Commission discussed the number of existing Short Term Rentals in the vicinity and the operation of a Short Term Rentals prior to obtaining a Conditional Use Permit. James E. Dodd Page 2 of 4 • Recommendations: On July 8, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 6-3; however, due to an advertising error, this item is rescheduled for the September 1, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling unit addressed as 2305 Oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by two (2)) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and James E. Dodd Page 3of4 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 one (1) rental contract 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 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 Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) James E. Dodd Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -ki)Submitting Department/Agency: Planning Department City Manager: Applicant and Property Owner:James E. Dodd Agenda Item Public Hearing: September 1, 2020 City Council Election District: Lynnhaven 2. Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner William Miller /�� •\ 4 Location ae, sho`e P 2305 Oak Street _ — _ GPIN ` 1�E � i �T, 1, 0 y6 i 1590416213 i Q q ; £.. I a aSite Size t G m^ NMY D,,ve n f O AZQ a Ca Pe \ N ,A a - a A 6,540 square feetsc A N� ' •s 0 4q Si c NeSw c o Lynnhaven Drive- • Existing Land Use and Zoning District a I -i " Single-family dwelling/ R-7.5 Residential (Shore W �'" IRE Drive Overlay) Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-7.5 Residential 001t'"-711:—. limr0e,'' (Shore Drive Overlay) South PJ o � Single-family dwellings/ R-7.5 Residential °` c• « (Shore Drive Overlay) East „s Oak Street - - : v. ' Single-family dwellings/ R-7.5 Residential ig - % (Shore Drive Overlay) �£~ {,N ,- t' West ,v4 J Single-family dwellings/ R-7.5 Residential „,- , (Shore Drive Overlay) '.a ' . *•* S'oee of isei '*' ' e James E. Dodd Agenda Item 2 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,900 square feet and is located within the R-7.5 Residential District(Shore Drive Overlay). • The site is developed with one single-family dwelling. • According to City records,this home was built in 1960. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • On-street parking is not permitted on the east and west sides of the 2300 block of Oak Street. 'No Parking' signs are posted. • Staff inspected the site on May 26, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity . .•S' Is 1.04 j__: • � tl J , 5�0' � —00 ..• r�it _ ' !' � •�. �f sT 1us 0� 1c � � a • Approved Y Denied " t 0 Under Review C. '.• _ 0 Registered n� G$• r--, t t \ \ ' -A _ . —A 1;.: 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 James E. Dodd Agenda Item 2 Page 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 \3\R.7., O R-7.5 (3 / ate . , R• .5 • 0 f \l/ \ \ Zoning History , # Request '� REZ(Comprehensive rezoning of Cape Story by the Sea) \\\*.„--) 110 Approved 10/11/1965 R-7 5 2 STR(Short Term Rental) Pending City Council Hearing 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 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 residentially zoned portions of the neighborhood. In addition,there are approximately five blocks of R-5R duplex Zoning District found in the northeast corner of the community,which contain mostly duplex dwelling units.The subject property is located approximately 300-feet from the public beach of the Chesapeake Bay.The applicant's parking plan depicts three required off-street parking spaces within the existing driveway,which meet the requirements of Section 241.2(1)the City Zoning Ordinance (CZO). Furthermore, all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2305 Oak 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 James E. Dodd Agenda Item 2 Page 3 Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 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 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 23-71 (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 one (1) rental contract 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 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. 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 James E. Dodd Agenda Item 2 Page 4 and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • 1 letter of opposition was received by Staff noting concerns related to this request. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 16, 2020, and August 23, 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 17,2020. • 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. James E. Dodd Agenda Item 2 Page 5 Site Layout & Parking Plan 6'Vmmnyl Fence z x x x x x-‘1 Vnyl Shed NA/c 5.9 ump kn ,:r` Chin. . K a` e11 \ S eps Ats Conc. 7, 0 • coS 37' Pipe(F)• 60.00' / 7Pin(r;- Asphalt I OAK(50' R/W) STREET (M.B. 32, P. 8—A) 9' x 18' parking space Concrete driveway James E. Dodd Agenda Item 2 Page 6 Site Photos • - • a C...* . _ ,D•.'"t',... •--4.2-..„ ._3„.iii, . ...-: .,, ". __, .-- •.,.p -,. __ . .., -" ItioVigliti,. - . . , • _ ... , Ora• :V *,. .,e - ' , .«.1.,-..i, ---.4---4-• -_ '- . • . it - -- _ '-• -,`" Air 7,,Z • . _ 11%111. 2305 Oak Street, . -.4,....: Street view from 2015-There have been no known changes to the streetscape since this image was captured . ••••• — t''..",i,1, ,c, ...!--.. -- - .,,„ti:Al 4. '..,,r,, ' - ' iv4;`ks Aft7le ' ., - : •..".. ' 'X' . /4,0. , 1pf. . ‘,. ,,,, A 7t ' '16- .1... :s.:....1 '' ,:-...ii*w: - . - ..,.4. :.:,' • ;AL,.../ 44.- -14-N t‘:* 7 r. ..,,,. :.- ill , . --tir; . .)4, ,.....'fr.... •,1: '--- -- --• .:. . - ._ . . , - -A . 4.. _ :,:..- '. fr- . - ...,.: - ' I • ..;• ' .-.4.-- -. I 1 1. 1.1;•1414 7 ,.." —am i , _ 1 iiIIII---‘411. 4 ' '.' ."'-•-:r 2.;4"7.'''C''4•,1'3.4 4-4-•:..-; ''.;:c..;r3c'-'t='''''‘ • • - •-.4`,.• .. . -c.,,,V '41 l'a t• • 46 S.4.... '' 4 - l'...''''-- ''' . James E. Dodd Agenda Item 2 Page 7 Site Photos . . ? ,:-• vir ' 4:. ...* . ,:' r ; I. . • . • •-•et"4. •4* .' ' - 1' „ •• '",.,," ' ' • '... . illi.' •4 • . .• .7., .I...70..' - • r-1 kx4• '1'4,- - -1,-;... • - ic -,- -_---- ,..„.; ._.• - t ..,;:. .... _ . .. ..... -,:... ; „ .,, •, . :;;,...,' ..0.-45; ,...... -"*--- — , . • -... -.... — . . I it- ; - HI' _ . -:•(-5-4 ''-' . --- .Ii.,),'•-7 -;.,2...,,,,,,r 4 4-',11.11i;• •,,-•4---;_ ---. t:, .NNWRIfif i. 1 i '7••- qigrat'',,. ,4 •I,! ' , ,. ...„.,----• .„.„ . _ C.'. .'7.*'.•- ;:-,.,• ''.-- - - 'k4".- • ...• • •• • , 4 ..- L'I) , , • ..- ,,' • • , •' . ' • 1. i": .,, " ..-•• , ; , ,.,,+ ....... 3, ''''''. •.4...11k. ---,011,,44, - Ci. .., . . ...4.r .,..„.)-.• ' ''''.. . . ii T,i.. _ • AL ... •• • 400.,•,...., , . -•'-. - r. . , . _ ...:, . ,,,„,, -1".•; .. .. .,.„-. - •A,. -,-. •.. '..-:-:,.....-: P,...>. . . ,...1' . ,'VI -%11111 i;.--- , -ia tdi- ..„,is. sail , 3., -„ , . rim T.. . i'f,j1kt ._- * 'I/ Di Mill I 111 1 ill 1 1 I 'L*4''' '...... { . 1 I, -4:---- James E. Dodd Agenda Item 2 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME James E. Dodd DISCLOSURE STATEMENT FORM The completion and submission of this form is required for ail 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,bin are not limked to,the following: I Acquisition of Property I Dlsposhion of City • riodi ication of I `Nb`City Property Conditions or Proffers { 1 Alternative Economic Development �-'— --' ! romance,Special 1 investment Program Noncoaforncing tree 11 Exception for __ (EDIP) t Board of zoning 1 Encroachment Request Rezoning APPealS Certificate of __ - rik7odplainVariance !!!Appropriateness ►--- Street Closure (Historic Review Boa 'Franchise Agreement Chesapeake lay • Preservation Area Lease of City Property Subdivision Variance Board - ,.-- . Conditional Use Permit License Agreement .!..Wetlands Beard 1 • • _ - • The disclosures contained In this forma are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. -- - e SECTION 1 / APPLICANT DISCLOSURE ~FOR CrrrusE ONLY/Ali f�stioit res rmust be uu ted two(2)';Na prior to OM �� �page 1 of S I Planning Commission end Citj Council meeonc tMrtlerteinn tottohe ac,h 4looisi -r. 0 APPLICA►T POT1.6 -6 of HEARING DATE!�Au ust 18,2620 0 NO CHANCES AS OF DATE: August 18 2020 r`Q ,REVISIONS SUBMITTED _DATE: I - WaL ami.M Uer -William Miller August 18,2020 James E. Dodd Agenda Item 2 Page 9 Disclosure Statement .1/B Virginia Beard Or Check here if the APPLICANLis_NOT a corporation, partnership, firm, business,or other unincorporated organization. DCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. • 6-0011 (A) List the Applicant's name: i�*i?J `' _ if an LLC,list all member's names: � If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) Last the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS hitHa corporation, partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OYVNER j5 a corporation,partnership,firm, business,or other unincorporated organization,AND THEN complete the following. ,---__ F (A} List the Property Owner's name: ati`P,�_� If an LLC,list the member's names: Page 2 of 5 James E. Dodd Agenda Item 2 Page 10 Disclosure Statement .N/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 Z 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 S0 percent of the voting power of another corporates.' See State and Local Government Conflict of interests Act,Va. Code 4 2.2.3 101. 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, lit)a controlling owner in one entity is also a controlling owner in the other entity,or (lii) 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 ort a regular basis; or there Is otherwise a dose working relationship between the entities.'See stste and Local Government Goalie/of Interests Act, Va.Code s 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subjeaof the application or any business overrating of to be ojsera)ed 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 5 James E. Dodd Agenda Item 2 Page 11 Disclosure Statement APPLICANT and Ownery {;, &% LyEs 1 NO (.._ __._ SERVICE ^~ Mtovioi:R t� l _ - __- / Rom. .. Accounting and/orpreparor of Ij` Ar?,Go. w+e•+ vo t` C 'your tax return 1 .1-- 71-7- Y25-/S32 DET j Architect/Landscape Architect/ I Land Planner ❑ 1 Contract Purchaser(if other tap the Applicant)-identify purchaser I and purchaser's service providers Any other pending or proposed I purchaser of the subject property !(Identify purchaser%)and purchaser's service providers) �I 8 rConstruciion Contractors ErEngineers/Surveyors/Agents t-- F.----i d,eh /� 4,- Ali I!oK•44 e.1Financing(include current E2. ; mortgage holders and lenders I ✓p`'o'/.1 1 )1 L� selected or being considered to 1 ("sill. �P(/) yd., provide financing for acquisition or construction of the property) -r t i J /..„ dtDo 717 I-77 oI Legal Services 1-------- - l /-euu- ,22? - 023gs Real Estate Brokers/ 1 Agents/Realtors for current and-' i+-/4"'f ''/ 6r1)%e I anticipated future sales of the I 44 a" f d V a Subject property__— ; I te J ' 7$�7- .2-07 I2 2 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E. an interest in the subject land or any proposed development ' Lcontittgent 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 5 James E. Dodd Agenda Item 2 Page 12 Disclosure Statement • Virginia Bradt GERTIRC TION: - 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 Ap anon_ • 7 Apptie S SIGNATURE—_-- — ri: A ji}rcant and Owner NAIA Page 5 of 5 James E. Dodd Agenda Item 2 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. James E. Dodd Agenda Item 2 Page 14 STR VICINITY MAP JAMES E. DODD - 2305 OAK STREET r • :°°*$A ' ---- . '1:1 ioopp , t Ott' ee ,,:, fie►at* .idol li� sift •, ► a "fit; i ..., _______ , __, ,„.,,tv.G:4:, .. , ° ,,,,,I1 , . L.4.--e----._ ':---r- :7\17 lii\-\-\\ '\''' Ill\\\:111.111411: - ' \ 111111 **---\5.\ - - - '''''';''Ilk\Tel, dam. ''' ct, f.,,,,\\ , _ ._. . . SX‘al-ft cis_\ -_---\___ - \ ii.":_:. , ....A ,,, ,. 0._ ..,, ,,„„...:.,.,,,„ ..,,..:0,:„.. , _ , __,. _.-- ,,, %-.'-1-' ) \,, ' . /4"--- r STATUS 1 0rw c flok , 0 -3 O Approved yr &0 ` a r (3Denied / �1'`` �+r Under Review `i �c '� .. 'y - tC� 0 Registered n �� 1ti. 1 The verbatim of the July 8,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 1,2020,again due to advertising error. Items#14. James E. Dodd Conditional Use Permit(Short Term Rental) 2305 Oak Street July 08,2020 RECOMMENDED FOR APPROVAL-HEARD Mr. Tajan: Madam Chair, if we could. We are trying to get through the technical difficulties, so, we can move to the next item. Ms. Oliver: Absolutely. Mr. Tajan: And we will try to have the applicant. Ms. Oliver: Back online. Mr. Tajan: Yes. Mr. Landfair: Fourteen. Mr. Tajan: Fourteen, so, James Dodd. Mr. Landfair: Yes. Mr. Tajan: So, Mr. Dodd, just please log out and log back in so that we can try to get your audio back online. We are going to move to the next item and we will call you back up. I will also note for the record Mr. Redmond has left the meeting. I am sorry. Mr. Landfair: Actually, we were on item 12. Mr. Lukas. Mr. Tajan: Okay, right. Mr. Landfair: Ms. Alderman, if you could log out and log back in, please. Madam Chair. Ms. Oliver: Yes, sir. Mr. Landfair: The next item on today's agenda is Agenda Item 14, James E. Dodd for conditional use permit for Short-Term Rental at 2305,Oak Street in the Lynnhaven District. The applicant is James Dodd, who will present virtually. Mr. Dodd you 1 have up to 10 minutes to present the request. Please state your name for the record. Thank you. Mr. Dodd: James Dodd. Mr. Landfair: Thank you, please proceed. Mr. Dodd: Okay, my name is James Dodd. I would like to say thank you to the Commission for their time today. My family has been in Cape Story since 1959. My parents lived two streets over and I have spent summers there for almost 50 years. We have a passion and a love for this neighborhood. I understand the integrity of this neighborhood. My wife, kids, and I invest a significant amount of time in Cape Story in Virginia Beach every year. We participate in most of the Cape Story parades and other civic events. We submit our application because we would like other families to enjoy the many blessings that this area offers. I am completed. Ms. Oliver: Okay. Alright, thank you Mr. Dodd. We do not have any speakers, correct. Mr. Landfair: Madam Chair, there are no speakers. We would like to ask if there is any speakers present in the lobby of building 19 or in the chamber that would like to speak, anyone? There are no more speakers. Mr. Landfair: Okay, great. I am going to close it and open it up for discussion among the Planning Commissioners. Is there someone that would like to lead this off? Yes, George. Mr. Alcaraz: I was not here for the informal. Is there a reason why we are hearing it? Mr. Landfair: That is a good question. Mr. Alcaraz: Thank you. Mr. Inman: I can answer that question. Ms. Oliver: Please do, Mr. Inman. Mr. Inman: Yeah. There is a reason that we are. If whoever is controlling the screen can please put up the slide that shows the number of Short-Term Rentals in the vicinity of this applicant. Okay, you can observe that there are three other Short-Term Rentals within a very short distance; within half a block and across the street. You can also see that this sort of proliferation going on along Shore Drive on Ocean Shore Avenue. One of the concerns that all of us have expressed from time-to-time is having an adverse impact on our neighborhoods by having too many Short-Term Rentals in the neighborhoods. I think this is a good example of such a problem and, as this gentleman who is the applicant stated, this is a long standing neighborhood enjoyed by many residents and families. So, introducing more transient use of 2 property is probably not desirable and I thought that we should closely look at this particular application and discuss whether or not this is too much in this particular neighborhood. Ms. Oliver: I am sorry. Thank you. Mr. Tajan: Do not take this the wrong way. I just want to ask the question. What is the proper number? Mr. Inman: Well, of course, there is no magic number. It is a question of making a judgment based on proximity of the various applications and prior approved or registered grandfathered property. Ms. Oliver: Yes, Robin. Ms. Klein: So, in that regard, are we paying different attention to neighborhoods like this versus 2nd street and 17th street,where there is like a significant abundance within a small area. Is that because this is in a different part of the city that we would be paying different attention to this. Ms. Oliver: It is a good question and I think that. Mr. Weiner: Nobody has an answer. Ms. Oliver: Well, I mean I think that going forward with this when these first entered into our area the way they have those areas were 21 st street and 22nd street are major corridors. So, those were designed with that somewhat in mind, not this but as in their major as 17th street as. But, in those areas and we are totally getting off topic of where we are,but in those residential neighborhoods that have been sort of their like pockets of the ward district. (unknown what was actually said/meant in the first 6-lines of Ms. Oliver's statement). This has come in and there has been a high concentration of this just like we just saw every other house, all of a sudden you had a block or two blocks of six houses or whatever it is and half of them now are Short-Term Rentals and it has an adverse impact on the year around residents. And so, I think what Mr. Inman was saying was, if you look at this, there is two blocks now granted,however many houses,but there are already within about a two block area potentially five short term rentals. Ms. Klein: And, I think if we want to discuss that moving forward, like if we are going to have a density restriction then I am okay with that. I just do not want to penalize these owners or these applicants for otherwise following rules and essentially just being late to the game. Ms. Oliver: Yes, Mike. 3 Mr. Inman: Well, yeah. I may be repeating myself, but I think we are all about protecting neighborhoods and I would not distinguish that much between this area and areas closer to the beach. If it is an established neighborhood where there are typically families living, or at least people that are living there full time and not renting their homes on any kind of basis, I want to be protective of all that. Now, this brings us a great transition here. Are we the guardians of the welfare of the folks who have an opportunity to come down here and say I do not want this in my neighborhood? Well, there is nobody here objecting to it. I guess they like Short- Term Rentals up there. In fact, we have heard that there are two more applications, pending for this particular street; across the street did we not hear. Ms. Oliver: That is the next one. Mr. Inman: That is another one. Ms. Oliver: That is the other one. Mr. Inman: Not this one. Ms. Oliver: Not this one. How could. Ms. Oliver: I think it was, which application was it that we knew that there were two other apps that we decided to hear. Mr. Landfair: Item 18. Ms. Oliver: It was 18? No. Mr. Landfair: I am sorry, one moment. Mr. Tajan: That is number 19 on 12th street. It was the duplex. Mr. Inman: 12th street, okay. Alright, that is not the case here that does not have applications. Ms. Oliver: 19th. Mr. Inman: But, there is no one here objecting to it. Are not signs up, but nobody objecting, I guess it is okay with neighbors. Mr. Graham: Did not we have a letter of opposition or did we? Ms. Oliver: I do not know. Do we have a letter of opposition for this one? Ms. Wilson: Yes. Ms. Oliver: We do? Ms. Wilson: According to my own location. 4 Mr. Graham: It was just based on generalities or was it, because they are not as if we calling out problems with a specific Short-Term Rental that we are talking about. What Mike has been talking about are impacts to establishing influence. Mr. Tajan: One second, it was in your supplement, I apologize. Ms. Oliver: Sorry. Ms. Wilson: There are not any supplements out there for 13. Mr. Graham: Mr. Tajan. Mr. Inman: Can someone read the letters of the opposition. Mr. Tajan: I am trying to get it, I am sorry, was it in your supplement and I. Mr. Graham: While he is looking, could I. Ms. Oliver: I do not know, your red light is blinking. Mr. Graham: I know. I wait till it gets reset, so I want my full time. So, I live pretty close to this. I live just off site in one of the areas they showed the food lion anchored shopping center that used to be a partner in. I have got friends that live in this neighborhood. I am surprised I have not heard from them. Like Mike said, it is very surprising. It is a very family oriented neighborhood. I have done trick or treating back here with friends, with my kids big July 4th parade, done that, it is a very family oriented neighborhood. I am quite frankly shocked that there is not more opposition and I am looking forward to hearing about this letter, but I do feel that these Short-Term Rentals are changing the dynamics of these neighborhoods and this is a great neighborhood,it really is, I mean it is a very desirable place to live. The people here enjoy the beach, they enjoy the park, it is very pedestrian friendly. Introducing somebody new to a street, new people multiple times a week to a street, I would not be okay with that if I lived there. I am not really okay with it where I live, down the street with it happening in this day. I just think it changes the dynamics and I know that this is something we are going to talk about more-and-more as we revisit this,but it is changing things. I am just again shocked we do not have opposition. Mr. Tajan: So,the letters,very succinct. The first email was just, no and the second email says, I am against having a 10 person Short-Term Rental next to me. I am alone, most of the time. I have four Short-Term Rentals on the opposite side of Oak Street, enough-is-enough. The two bedroom and one bath had 15 people there during May. There is no way to control this mess without me saying no, if the picture, and we did not receive the picture through the email, comes through, it is a view from my dining room of the entrance to 2305, I am at 2303. So, this is a neighbor directly adjacent. 5 Ms. Oliver: So, here we go again and one of the reasons Robin, so you know because most of us here have sort of had the birthing pains with this, here we have another person that has started to operate in anticipation,because they want to go ahead and get in the season, without the approval from us. Ms. Klein: And that is the reason I will deny. Ms. Oliver: So, on those reasons,I deny,because I am thinking if you are already not following our guidelines and procedures and our regulations, you are not going to follow anything. I mean, that is sort of where I go with this and then on top of it, did he just say they were four across the street. Ms. Wilson: He said there were four across the street. Ms. Oliver: That are being registered. Mr. Weiner: That are not registered. Ms. Oliver: Were not registered and on your point of it being such an old established neighborhood, which most of our neighborhoods are in the City of Virginia Beach to begin with, I mean we lowered the speed limit for this corridor here. Mr. Graham: To 35 miles an hour, from 45. Ms. Oliver: To 35 miles an hour because of the amount of families and children that are going up and down this road and that it was not a speed limit that was safe in that area. Mr. Weiner: This for the Staff, do we know that for sure that they have been operating. We do not know that. Mr. Tajan: Your best,but would probably be to ask the applicant if they have an operating. Mr. Weiner: I would like to do that. Yes, you do not know for the fact that there is four more operating illegally across the street. Where do we find that kind of information? Are we able to find that stuff out? Mr. Tajan: If it is reported to us. The problem is, a lot of times people will have the complaint about the use,but they do not call it in or they do not tell anyone. So, a lot of it just comes down here before we do any enforcement. We do check it before they come to us. Mr. Inman: If they were registered with the Commissioner of Revenue,well,would it be shown on that map? Mr. Tajan: Yes. Mr. Inman: That is what the gray 6 Mr. Tajan: Gray color is. Mr. Inman: So, they are operating, they are not registered or approved. If they indeed are operating, they have either not applied with us and they have not gotten registration with Commissioner of Revenue. Is it true now they cannot register with a Commissioner until they get a conditional use permit now? Ms. Wilson: No, they can register. Mr. Inman: They can register. Okay, so they have not done anything, they are just. Ms. Wilson: Yes. Mr. Weiner: That is my question real quick. When they do come for an application, they do know that they cannot do the Short-Term Rental until they are approved and registered right? I mean, I know you all do a lot and you guys are doing a great job,but that is told to them they cannot operate until. Mr. Tajan: That is correct. We tell them that they do not have approval to operate. Mr. Weiner: Okay. But, I would like to ask the applicant if he has been operating. Mr. Landfair: Mr. Dodd, are you available for questions. Mr. Dodd: Yes, we are. My wife, Christina and I are present. Mr. Weiner: Mr. Dodd. Have you been operating your Short-Term Rentals since you registered. Mr. Dodd: We are not doing Short-Term Rentals there. Mr. Weiner: You are not doing Short-Term Rentals at all and you have not done any there at all. Mr. Dodd: There are Short-Term Rentals across the street. Mr. Weiner: Okay, thank you. Mr. Graham: So, he has one across the stress. Okay. Ms. Oliver: Yeah. Mr. Alcaraz: Mr. Whitney. Mr. Graham: Yes. Mr. Alcaraz: They are a strong neighborhood Civic League out there. Mr. Graham: Yes, very strong. 7 Mr. Alcaraz: We hear a lot, when development comes out. Mr. Graham: That is why I said I am shocked that we have not heard more and I do not and I have not gone out. Mr. Graham: I have not poled the community and asked them, why are you not supporting or opposing something,but it is surprising it is a very well organized neighborhood, more organized than the neighborhood that I live in. Ms. Oliver: Well, I think some of this is because nobody has been out and about, I mean we are a COVID world. Mr. Alcaraz: Well, do not they get notified, Mr. Tajan. Ms. Oliver: Not everybody. Mr. Tajan: No. Mr. Graham: But, there is orange sign in front of the house. Mr. Tajan: The adjacent property owners will get mailed and then of course there is the sign in front of the house as well. Mr. Graham: And people are walking to the beach, I mean, this is tough. It really is and I do not know why the neighborhood is not opposing it. Ms. Oliver: Okay. Anybody else? Mr. Horsley: I guess this is why we are going to have this workshop this afternoon I guess. Ms. Oliver: Ehmm. Mr. Inman: Can we just put everything on hold till I have to. Ms. Oliver: No. Mr. Graham: That will make it easy. Ms. Oliver: It will make it a lot easier. Ms. Oliver: Okay. Mr. Inman: No, not for this folk. Ms. Oliver: Well, do we have a motion. Mr. Inman: I move to approve this application. Mr. Weiner: I will second. 8 Ms. Oliver: Okay, Hoa Dao, call for the vote please. Mr. Horsley: The only question I have are those letters of opposition. If they had not, the owner says he has not been operating. The letters of opposition, are they related to some of the other ones that are in operation and how valid are they. Mr. Graham: It is good questions. Ms. Oliver: It is good question. Mr. Tajan: It refers to this property specifically, the one letter of opposition because it is the direct neighbor. But, they did reference that there are other ones nearby. Mr. Graham: This maybe the last one that gets done. Ms. Oliver: M aybe. Alright, Hoa Dao, we want a call for the vote. Ms. Coleman: Okay. Sure. This motion is to approve the application. If you are in favor of the motion say, yes and if you are opposed 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 :No. Ms. Coleman: Mr. Inman. Mr. Inman: No. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. 9 Ms. Coleman: Ms. Oliver: Ms. Oliver: No. Ms. Coleman: By recorded vote of six, for and three against, Agenda Item 14 is hereby recommended for approval by the Planning Commission. Ms. Oliver: Alright. AYE 6 NAY 3 ABS 0 ABSENT 2 Alcaraz AYE _ Barnes ABSENT Coston AYE Graham AYE _ Horsley NAY Inman NAY Klein AYE Oliver NAY Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2305 Oak 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 neighbourhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 10 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 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. 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 12 From: jeanj23451verizon.net To: William N. Miller Subject: Re:2305 Oak Street Date: Wednesday,July 1,2020 2:30:50 PM Attachments: jma 0253.heic 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 only know one way to email. I am against having a 10 person short term rental next to me. I am alone most of the time. I have 4 short term rentals on the opposite side of Oak Street. Enough is enough. The 2 bedroom, one bath had 15 people there during May. There is no way to control this mess without me saying "NO". If the picture comes through it is a view from my dining room of the entrance to 2305. I am at 2303 Oak. Sent from AOL Mobile Mail Get the new AOL app:nail mobile aol coin On Wednesday, July 1, 2020, William N. Miller<WNMiller@vbgov.com> wrote: Good afternoon, Thank you for the letter concerning the requested Short-Term Rental at 2305 Oak Street; however, I'm unable to open it due to its format. Please cut and paste the contents of the letter in the general type email message field or submit a PDF version. At this point, it's clear you would like the Planning Commissioners to vote No to the Short-Term Rental request at 2305 Oak Street, but I'm uncertain why you would like them to vote No (that is why a letter listing your concerns is needed). Once I receive a viewable letter of opposition from you, I'll add it to the 2305 Oak Street file (this must be received by noon on Thursday July 2, 2020). This way, the Planning Commissioners will have an opportunity to read your concerns. Please ensure your address is noted on your letter. This is needed to determine your proximity to the subject address. Typically, support/opposition voiced by property owners directly affected by the request, carry more weight than those not directly affected by the request (i.e., properties in the immediate vicinity of 2305 Oak Street). For instance, someone who lives in Kempsville and voices their support for a request in Chicks Beach; such support will not likely carry much favor with the Planning Commissioners (this was just an example). 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:jea4j23451@verizon.net<jeanj23451 @verizon.net> Sent: Wednesday, July 1, 2020 11:04 AM To: William R. Landfair<WLandfair@vbgov.com> Subject: Short term rental 2305 Oak Street 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. Please let me know if my previous statement was received. If it didn't go through I say NO. Sent from AOL Mobile Mail Get the new AOL app:>Dail.mobile.aol.coin - ! I I a ______ ism ,_ - , a) - z a) Q in _ _._ - o R-5D —11 as cv 1 Et ' i rj N________,-------------- - Bonney Road Bonney goad Bonney goad _ _ _�---r �____r-- R-7.5 A-18 \ A Site \\ F Property_Polygons Geoffrey Whiteside vt. 131 South Thalia Road Zoning Parking Lot Drive Aisle no Feet Building 0 10 20 40 60 80 100 120 / U: Kaci ',< f ;( J j CITY OF VIRGINIA BEACH AGENDA ITEM l ITEM: GEOFFREY WHITESIDE [Applicant & Property Owner] Conditional Use Permit(Short Term Rental)for the property located at 131 South Thalia Road (GPIN 14778394260000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 1, 2020 ■ Background: On July 28, 2020, City Council voted to defer this application to September 1 , 2020. Following the July 28th deferral, an error was discovered in the advertisement of the May 27, 2020 Planning Commission public hearing and as a result this item is scheduled for joint session of both the Planning Commission and the City Council on September 1, 2020. The deferral by City Council on July 28th was granted to allow the applicant the opportunity to consider a reduction in the number of usable bedrooms associated with the Short Term Rental use from three to two. The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 4,200 square-foot parcel located on property zoned R-5D Residential District. The lot consists of one single-family dwelling. City records note this home as containing three bedrooms, which results in an off-street parking requirement of three spaces for a Short Term Rental use. While the applicant is not agreeable to a reduction in the number of bedrooms as the minimum number of parking spaces can be met on-site when counting the garage, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, 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. • Considerations: This property is located within the Thalia Village neighborhood, which is primarily single-family dwellings. In addition, the parcel is situated approximately 0.75 miles from Town Center and roughly 8.20 miles from the public beach of the Atlantic Ocean. The parking plan notes the locations of three required off-street parking spaces; one within the garage and two in the driveway. The revised occupancy conditions (Conditions #5 and 16 below) would reduce the number of guests on- site after 11 :00 p.m. for a three-bedroom Short Term Rental from nine to six. The requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff report. Letters support were Geoffrey Whiteside Page 2 of 4 submitted by two adjacent property owners and were provided to the Planning Commission and are attached below. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the September 1 , 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling unit addressed as 131 S. Thalia Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and 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 with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three two (2)) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Geoffrey Whiteside Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract 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 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. Geoffrey Whiteside Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: rK-57 INBApplicant& Property Owner: Geoffrey Whiteside Agenda Item Public Hearing: September 1, 2020 City Council Election District: Lynnhaven 3 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation s....H...... ..1_ _ - Approval ' i i s . Staff Planner : "7.--""t William Miller f Location 131 South Thalia Road s GPIN ---..,„,. 14778394260000 Site Size }/ x 4,200 square feet ? c 0- 1 4 • Existing Land Use and Zoning District l°"'' +T Single-family dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North Single-family/ R-5D Residential South Single-family/ R-5D Residential •• .x -. .1 —b East ,,, " South Thalia Road "` '` Single-family and duplex/ R-5D Residential 7 West 1,1- _____ - Single-family/ R-5D Residential — — --, - , Ftillgt Geoffrey Whiteside Agenda Item 3 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 4,200 square feet and is located within the R-5D Residential District. • The site is developed with one single-family dwelling. • According to City records, this dwelling was constructed in 2019. • No records of previous Short Term Rental use zoning violations were found associated with this address. • On-street parking is not permitted in the 100 block of South Thalia Road.This prohibition begins approximately 150-feet north of the intersection of South Thalia Road at Bonney Road and continues north to the intersection of Thalia Road and Virginia Beach Boulevard. 'No Parking' signs are posted. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity ME— N l �S rT�t V D' tch r.. — \ IIII,-. y rz Mwmaw _ _w_ a L �_ re Ram -yak ��- / —� ` T. to 3 c I� LL co J Invice nes taa�'- oT. "" -STA1US /'J �- > —m— ® Approved `\ � • Denied ] 5 / 1 I = 73 U O 0 Under Review3 v Q Registered hX too Wales Drive 'n' 1 I V 1 Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the single-family dwelling located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 Geoffrey Whiteside Agenda Item 3 Page 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 (two in the driveway and one in the garage) rr r,• �i � C-1 � C7 "' i =ter f r^-- 1 J � . R15Dx (_ h Zoning History C_D r r jR -i n R•3o C' 7:71- f # Request o. I I 1 CUP(Home occupation—Financial services office) 42 Approved 02/26/2008 �- rt 2 CRZ(A-24 to PDH2[A-12])Approved 03/22/2011 °5 — - *o^^^'Rei° 3 CRZ(0-1 to A-24)Approved 10/09/2012 r it 4 CUP(Nursing home expansion)Approved 03/12/1997 ❑ �` A-18 A-18 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 Thalia Village subdivision, which is primarily home to single-family dwellings south of Southern Boulevard. Like recent redevelopment patterns in the neighborhood,the subject lot is substandard in width. As a result, the property was developed with a 19-foot wide single-family dwelling. In addition, the subject parcel is approximately .75 miles from the central area of Town Center.The applicant's parking plan depicts three required off- street parking spaces; one within the garage and the others 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; however, a condition is recommended that assures the garage 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. Geoffrey Whiteside Agenda Item 3 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 131 S.Thalia Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening,and 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 with more than the permitted number of people who may stay overnight(number of bedrooms times two (2))shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. Geoffrey Whiteside Agenda Item 3 Page 4 13. The Short Term Rental shall have no more than one (1) rental contract 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 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. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Two letters of support were received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 16, 2020, and August 23, 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 17, 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. Geoffrey Whiteside Agenda Item 3 Page 5 Site Layout & Parking Plan 35.00' --x x —x —x ox 5' PRIVATE LOT 22 DRAINAGE EASEMENT E„ 0.0964 AC. WI x L„ Concrete driveway u_ :1 - , x I + ` • I 9' x 18' parking space g„ 19.0' NI i �� j 9' x 18' parking space " I the in garage 2-5T-FR #131 1 4: z i- „ al v 1 ;A I 1 i1 —x 6.8 x 8.07 x 7.87 • // & //r APPROX. LOCATION OF // 15' VA.POWER EASEMEr // A 14 t L e sidewalk J 5. THALIA ROAD (60' R/W) Geoffrey Whiteside Agenda Item 3 Page 6 Site Photos VfP1Y28NCy NfgiMe V • <s- .... -. -x X 4- 11 1:{S `E. y @ *x-i' 'i.rya 1 is_ "' 4 i't ,4* 4 9a L ;,T ..- ,r Tr `. �` — — - . -' 1 i fr..i a _i. � ?f! ,.,t, i -- --nor -� —ol :_ i ''''''' 131 S.Thalia Road .uyT .;-• ;-; e _ _ ,, _ ....,- _-;„,..._...,,, ., _,, Thalia Gardens fr. - - - -- - . -----7= - - ,n, _. - ... arrmnm<anA �c y .0O0C''.: , _ „Nr*d.M'2019 .2.2. 9c(h IMYYESL�w Teme h. ..,xa04rn Street view from 2019 — Two additional homes, including the subject dwelling, have been constructed since this image was captured (Link) Geoffrey Whiteside Agenda Item 3 Page 7 Site Photos l ---------------------------,,,'': --::::------------ -#.'4:::'s----'-.'-. isp Nal . -,- -' .'"111:-'li , '''''L-,',,,,,.. 1°°°"°'-'1L11 tl, till,, liallgaillopi—1,,_-1.---,..!---...7::14:i44 r -. „.....,:tr. : ., Fyn _,.:._ dal it / k ff ` /�f No a _ , r a ll_ Nil ;,, ,,,,,1:,. ',:ri,,.,,. Z.:,, ,': 111111111101100 g_ , t e , . 1 „ ----- , Iii% I .. ,....„r, ,....,.., ,. .. .., „....... __ ____ r: _. ...„.„...; . ___ . _�py„.„:..-„,....„,,,,_,. -. ____, . ___ - ..., . _ _..........__ ,. -.. , , - .. ,:_,,, , ...,_. . . Geoffrey Whiteside Agenda Item 3 Page 8 Site Photos II ,A,,,, ;.. .i . ,- • V.., R 1 all AMR' , _ 11 - - f 41 R r r r`— F • *^ j Geoffrey Whiteside Agenda Item 3 Page 9 Disclosure Statement V13 Virginia BL�ac:h APPLICANT'S NAME 1,1 tfiJla, s;(4 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 g 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 two(2)weeks prior to any Page 1 of 7 Flanr.in Commission and City Council meetinu that pertains to the al lication(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: 08-18-2020 i ▪ NO CHANGES AS OF DATE: 08-18-2020 • REVISIONS SUEMITTED DATE W Maier 08-18-2020 Geoffrey Whiteside Agenda Item 3 Page 10 Disclosure Statement Miot Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. R/Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: &u `tir t 4- —1 - 1_" If an LLC, list all member's names: { Gen {'-& 17 LW ,cTce4 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. ri Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. El 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 *Geoffrey Whiteside is the owner and applicant—His name is on the property deed —Deed #520191227001097450/20200127000086850 Geoffrey Whiteside Agenda Item 3 Page 11 Disclosure Statement Or,qf Virginia Beach If a Corporation, fist 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 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 Geoffrey Whiteside Agenda Item 3 Page 12 Disclosure Statement Owner and APPLICANT Virginia Beach YES TNO SERVICE 1 PROVIDER(use additional sheets if needed) v l Accounting and/or preparer of �/ your tax return , Architect/ Landscape Architect/ Land Planner _/ Contract Purchaser(if other than J l v� 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) k( Construction Contractors L t 1 i C n, L.1.,.(,'� 17 l l Engineers/Surveyors/Agents ,L. 14//otl-%aty itknftyk y 1)4 '1 JJ Financing(include current t J� e/,an� 7 n mortgage holders and lenders �J I v selected or being considered to ( '1tie' provide financing for acquisition eb or construction of the property) ' 1/f Legal Services `I vlQ L( W IV Real Estate Brokers/ rpr: Jc�KS�t,� Agents/Realtors for current and ii i t Way anticipated future sales of the _/ { subject property elfin;Sle+ct*% rit6:r1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have R7 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 Geoffrey Whiteside Agenda Item 3 Page 13 Disclosure Statement AA3 Virginia Beach .171 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. _ C�co4'rel tat I ao APPL CA 'S SIGNATURE PRINT NAME DATE APPLICANT AND OWNER Page 5 of 7 Geoffrey Whiteside Agenda Item 3 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. Geoffrey Whiteside Agenda Item 3 Page 15 STR VICFITY MAP GEOFFREY WHITESIDE - 131 S. THALIA ROAD L-,(„, ... T �-_ Dutch-�St�eet- . �: -- 1 —= t= I_— _ 111!I(Il - ! 1. - 1 r- - I.-- _; et< FT0 ,,-� = .��- --- - - j -- - -1.-/---L., 1 „ to 1, \ J 7 I/ '(?. _.--= - - U- i til ..---- • i .— -____— // 0 < STATUS [--1 _ r~ _- trl 0 Approved •i • Denied 7 --/ 1 — I) 0}O 0 Under Review 'Ot ix-Road 3 \o. I 0 Registered —� v Wales Drive 1 I f i The verbatim of the May 27,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 1,2020,again due to advertising error. Items#23 Geoffrey Whiteside Conditional Use Permit(Short Term Rental) 131 S.Thalia Road May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Towne bank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second, a motion to approve the following application agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David 1 Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Towne bank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as. mentioned by Mr. Graham that mentions Towne bank or actually Towne bank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: Seeing no more 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. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. 2 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 nine, for and zero against with one abstention vote on items one and two by Commissioner Weiner, the following items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 131 S. Thalia 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 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 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 with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 Neighbor Short Term Rental Support Letter For Geoffrey Whiteside 131 S.lbAlfix Rd Virginia Bauch,VA 23452 To whom a may concern Ivry rie'+ghbor Geoffrey hits intoned need me or his pending appecatxxt and LLipc©r+rr rig pub t. hearing,n April to provide 4u&+ty Short Term fiercer in hn home Geo ftey vran%the ability to rent hs home short item when he is home or when he rs not home to v's,ring and$ocai guests. He has inf rrned me tf►at he has 3 years espenence operawip a quaint'short term re rnal as a premier eupertiost that r : own a#local and • . - regurettioris along with paying an taxes required My came rs t t E S .._}E;I ILL-- ._._ Pr mt Name My Address Is_ tt, 4 ?i steA _ ,jeil_ 3°+52 _. PT«rtt Address t support Geoffrey Wiatesrdes application for Short Term Rental COntleionai Use permit at his res ence 131 S firiatra Road Vrtgitui Beath Vagina 23452 ,,,, @ batejt'f sio&tt_t Neighbor Short Term Rental Support t-$tear For Geoffrey Whtteslde 131 5. Thalia Rot Virginia Reach,VA 23452 To whom it may tons"xx. t.ty neighbor Geoffrey has informed trio of hs pending app nation and upcOmrog heating in Aped to prordo(moldy Short Term R,t mtl el Ms t'htin': Geoffrey warts;Ift abd,ty to rent his home short term when he 7S home or when he_s not home to visiting and focal guests He has mformt d me that he has 3 yt'ars 42Xp"5411C*OW'Watt;A Quality short term rental as a premier sipethosi that toion',all local and state rules and regutataons bong with paying all taxes redo red. My name is A•.Y f4 5 k tri t Pram Name My Address... 13 Z. So -_, It. 1 t. __tt-r{vl Gavr t..ii fx . WI 115-7 Aran Address I support GeoffreyWhatesaafes application for Short Teem Rental Candtttonal Use petm-• . .hrs rat =z•c,< 131 S Thaba Road Voglrna Belch, ,, ,,. =23452 ' . 3} Sgnattuf►..-_t — " __...w._ _�._._ _ _.._ _Daze , iZR R=7.5 A-12 7.-' ) 22nd Street A Street Ei ____ ---- , '\ o c A718 ° R-7.5 - ) A-118 I L A-18 /4 I m • a 1 11, 0 \ _________ MI Site David Lucas W., 1 L E Property_Polygons 505 Barberton Drive s Zoning Parking Lot Drive Aisle Feet I I n min on 4n An Gn Rn i. 4i� si is ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID LUCAS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 505 Barberton Drive (GPIN 2417780334). COUNCIL DISTRICT — BEACH MEETING DATE: September 1, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for one unit of a duplex located near the oceanfront. The applicant owns both units of the duplex and resides in one of them. The minimum number of parking spaces required for a Short Term Rental is one per bedroom or two spaces in this instance. Parking for the unit, built in 1979, is accommodated in the driveway, but one of the spaces while in the driveway is technically off-site and partially in the right-of-way. On-street parking is permitted along Barberton Drive. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is three per bedroom or six in this instance. While the applicant was informed of City Council's most recent Short Term Rental condition revisions 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, he prefers that the conditions reflect the current requirements in the Zoning Ordinance. Despite this, these modifications are indicated in the conditions below should City Council consider approval of the application. • Considerations: Use of the driveway that is technically in the right-of-way but clearly designated for this particular unit has been the practice for more than 40 years for not just this dwelling but also for many duplexes in the vicinity. In this instance, parking in the driveway that is within the right-of-way does not impede the flow of pedestrian or vehicular movements. The Zoning Administrator reviewed the parking plan and approved it for these reasons. Despite this, the majority of the Planning Commission voted to recommend denial. Other than the parking requirement, all other requirements of Section 241 .2 of the Zoning Ordinance can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission hearing in July who noted concern that the Short Term Rental could alter the residential setting of the area. David Lucas Page 2 of 4 • Recommendation: On July 8, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 5-4; however, due to an advertising error this item is rescheduled for the September 1, 2020 joint session of both the Planning Commission and City Council. Should the City Council consider approval of the application, as noted above the following conditions are recommended for deliberation which 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 505 Barberton 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 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 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. David Lucas 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. 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 one (1) rental contract 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 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 David Lucas Page 4 of 4 Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: fi(2 1/B Applicant & Property Owner: David Lucas Agenda Item Public Hearing: September 1, 2020 City Council Election District: Beach 4 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Ki,dee,court Approval V7H4-1.1111111. AP Trail Tanager o qklir 4.. . Igi Staff Planner `,,,,;,{toad G ChlnquaPrn Lan e Summer Peebles WOO `--i Bluebird Dr Nei • �A Location t. 1 �'�' <ee� Und 505 Barberton Drive ` �r �� � O j — u i./� # GPIN �< _1 )., 0 2417780334 P j . eat "- Site Size Americus Avenue m � r 4,223 square feet ' 80.w.ad Carver Avenue 4. 0weak � - Bloom Park way .A so gtree% Existing Land Use and Zoning District ` - Duplex dwelling/A-18 Apartment Surrounding Land Uses and Zoning Districts North Duplex dwelling/A-18 Apartment South t i-,. `'i .4 e Duplex dwelling/A-18 ApartmentIiis 01 ie East , �. , F11I 4 t Barberton Drive �� Apartments/A-18 Apartment ,, -._ '_ - t S t,r West ' t , Single-family dwellings/ R-7.5 Residential C i1 a' • : -,"0,7, .-1-; 11,4 t Old Vr , 4r;yla Beach R oad David Lucas Agenda Item 4 Page 1 Background & Summary of Proposal Site Conditions and History • The subject 4,223 square foot parcel is zoned A-18 Apartment. • City records indicate this duplex was constructed in 1979. • Staff inspected the site on May 12, 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 7tcou ..6 / qk \u.,,k7,,ti\ be .' m• J_ S o 2 in_ciFi---1--- 0., *tit. .40-sifer°' i if. 1 V to (0 '9 . II tip=":1141 I, - c I, o y �r s TT-ID f it ....? 111"7"-- - _—--------f.r ---- ' vNo 2 =—=-- 'STATUS �QnD Approved `,, • Denied ,fie Q Under Review j 9t str n 0 Registered 7 ,,- _ S 1 1 Tx�Y / t s 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 David Lucas Agenda Item 4 Page 2 • Number of parking spaces provided on-site: 1 however a second space is located in the right of way on the driveway A_ - E [d 0.._, r_c-_______5',-,-.-7-- Li ,,.,. ..==i - I, —' ' A Street 22nd Shoat 111 7. ,"17,1b:AVM%_ 0 i� o LL-----Lr: No Zoning History to Report ===°N e A-78 ill ° illi 0 . a] 1 ] ♦`* Wt ____1 Old Virginia Beach Road 5 ` .---� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The subject duplex dwelling is in a neighborhood containing a mix of single-family,duplex and apartment dwellings.The driveway in front of the dwelling serves both units of the duplex (505 and 507).The driveway is 18-feet wide (nine-feet to be used by the subject unit) and 40-feet long, providing space to accommodate the required two parking spaces in a stacked orientation. One space is located on the property; the second space is part of the driveway but is in the right-of way. Parking in the right-of-way has been traditionially been done at this location and does not block pedestrian or vehicular access.The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Both units of the duplxes are owned by the applicant.The applicant resides in the other portion of the duplex, 507 Barberton Drive. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. David Lucas Agenda Item 4 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 505 Barberton 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 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 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 23-71 (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 one (1) rental contract 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. David Lucas Agenda Item 4 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 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. 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 1 letter of opposition. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. David Lucas Agenda Item 4 Page 5 Site Layout & Parking Plan fence N 03'58'00"E 35.00' pm(F) pin(F) 0 4 0 8' I 13 4' pavers 6 5' c. i.3.8' " 1 HVAC 2 story frame zfel house ! ti o> `4 0507& m m H #505 N N I 16 0 14 I m 1 HVAC . .a t (31 CD O O I 6 5' - A 3.8' �4.9't-- 98 1 parking space can fit 4,375 SF 0.1004AC on site; 2nd parking Parking space for 15 507 Barberton 389' space is completely in A right-of-way 1 (No Sidewalk) s 03 58'0( °°' 40 feet long 2 v Barberton Drive David Lucas Agenda Item 4 Page 6 Site Photos .. t. y r 1 ♦ i : -.` �' ► 1 . i ® L • i• - ' � q I s :.Y _. }- . a . -14. Fes _ r se David Lucas Agenda Item 4 Page 7 Site Photos fit David Lucas Agenda Item 4 Page 8 Disclosure Statement 1B Virginia Beach APPLICANT'S NAME (41/V 0/64.5 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property 1 Conditions or Proffers Alternative Economic Development 9 Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • 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 coR CITY USE ONLY i All disclose: of i^da`.rd two t'r -t_c:. Page 1 of 7 Planning Commis-win and Cad Lour .n,u,nct ice pe,iar .U':h• .. -. 4 - APPLICANTNOTIFILI1 OF tHEARING 0$/18/2020 s�IMfMrPQ�b1ts NO CHANGES AS OF . 08/18/20 SJr e"^Ptcrjie j REVISIONS StUGMIT1FP j '"`-rr —..J.L.. - .,_. ----- ----- David Lucas Agenda Item 4 Page 9 Disclosure Statement :NB Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and z 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IV I 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 David Lucas Agenda Item 4 Page 10 Disclosure Statement N1/3 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 David Lucas Agenda Item 4 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E (� ! Accounting and/or preparerof tl�� your tax return nE—d Architect/Landscape Architect/ I V I Land Planner Contract Purchaser(if other than 1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C ry purchaser of the subject property I� (identify purchaser(s)and purchaser's service providers) Construction Contractors ElE Engineers/Surveyors/Agents Financing(include current ❑ j mortgage holders and lenders selected or being considered to I provide financing for acquisition or construction of the property) n2 Legal Services Real Estate Brokers/ ICJ 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 Ly 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 David Lucas Agenda Item 4 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 A lication. 1 £f V 4' 4/64-S _ or tom; APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 David Lucas Agenda Item 4 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. David Lucas Agenda Item 4 Page 14 i A ' X %. \ 1111 iieli V'' ---------- 010 4*. ,,,, fir , t....._ ' v ..„ . .A 1,,,iiiiiii.„, A ,- ,„,,, • Ifs* cr' is ....----c . 000 dkl',\goo . *0 ., wow u 114.- 1, _____----- I. . , . • , Asa. I . , t ,,-,., ..,.../. .,,, . . .. If• .* ..,. _. , , , \ ‘ , - 4 r• ' NV; ',/ . til iir . , . ett,9_ rost i k a 7 il .. \ „.•,,,,.._..41 . rf , /.....,:, ,..,,,....., . -_-_-_41,___L ' \-1.11 \ , . , - , - ti { , --1. 7 ee9 - . - 1.„ a --n°• 3--a -do • . ,Fiio . , Aid 41 00:1\ , iimo- t 1.. . i r-1 - --- --- :':--- 1 • i ) \, ..4( u. ' 0 d [ _ 7E(--/- C.) , c. t I IIi -'---- -=; Ir.-. it-- -'. *0 - ', la dI 1--- -, 1 i a) ot . 5 -0 -i- i 1 -c) a) a) 1: to ..1 1 i > -0 2 0) 45 lz r • / , P n Q3 01 0_;\ 0111,67.1 6 U OS alnd 1(1__ a i --'-':-.:\ ___ ____) :) 1 . ___ \. -------,---,_,4--1 - IL° D < 0 D Ce I—‹ 0 • 0 ( 1 1 f , . 1 • The verbatim of the July 8, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 1, 2020, again due to advertising error. Items # 12. David Lucas Conditional Use Permit (Short Term Rental) 505 Barberton Drive July 08, 2020 RECOMMENDED FOR DENIAL Mr. Landfair: Madam Chair, the next item on today's RegularAgenda is Agenda Item 12, David Lucas for Conditional Use Permit for Short- Term Rental at 505, Barberton Drive in the Beach District.The applicant's representative is Sierra Alderman, who will present virtually. Ms. Alderman, you have up to 10 minutes to present the request. Please state your name for the record. Thank you. Ms. Alderman, please state your name for the record. Thank you. Mr. Landfair: Ms. Alderman, yourvolu me seems very low.We can barely hearyou. Mr. Tajan: Madam Chair, if we could. We are trying to get through the technical difficulties, so, we can move to the next item. Ms. Oliver: Absolutely. Mr. Tajan: And,we will try to have the applicant. Ms. Oliver: Back online. Mr. Tajan: Yes. Mr. Landfair: Fourteen. Mr. Tajan: Fourteen, so, James Dodd. Mr. Landfair: Yes. Mr. Tajan: So, Mr. Dodd,just please log out and log back in, so that we can try to get your audio back online, and we are going to move to the next item and we will call you back up. I will also note for the record Mr. Redmond has left the meeting. I am sorry. 1 Mr. Landfair: Actually,we were on item 12. Mr. Lucas. Mr. Tajan: Okay, right. Mr. Landfair: Ms. Alderman, if you could log out and log back in, please. Madam Chair. Ms. Oliver: Yes, sir. Mr. Landfair: Madam Chair,we understand that Ms. Alderman is back, so we can return to Item 12. This item is Item 12 application of David Lucas for Conditional Use Permit for Short- Term Rental at 505, Barberton Drive in the Beach District. Applicant's representative is Sierra Alderman, who will present virtually. Ms. Alderman, you have up to 10 minutes to present the request. Please state your name for the record. Thank you. Ms. Alderman: Good afternoon,Council. I hope that my audio is better. My name is Sierra Alderman, I am representing David Lucas at 505, Barberton Drive. This is a two bedroom, one and a half bathroom place. It has met all of the requirements,we have plenty of parking. So, far, we had great people in, families that are coming for vacation so they are often not even in the unit, they are out and about enjoying our beautiful city.We check all the boxes and so we hope that we are able to proceed with our Short- Term Rental as we have gone through all the necessary steps in order to make it happen. I did just want to kind of use this time a little bit too to talk about some of the points that were just discussed.As far as, operating before being approved, I would love if this could be a point of conversation because I have a few other places in the area and when I called back in January and some of my places it has been since January,where we have been waiting for yes or no.And there is been deferrals because of coronavirus and all of that. And,so we have been waiting fora significant amount of time, six months for some of these approvals and still are going through hoops and going through this process. But, that being said, when I called in in January and I said, Hey, I am helping others start their places. Am I allowed to, once I register with the Commissioner of Revenue operate the Short-Term Rental and then if we get denied we stopped that point. And they said yes that is exactly how you do it, you make sure you register, you have to sign in the front yard, you are good to go until you get approved or denied, and, so that is how I have understood and so we have followed all of everything that we needed to do from my understanding.And, of course,we are not trying to not follow any rules. We believed what was said from the City has been followed. So,just 2 touching on that point and then, as well as the Short-Term Rentals in general, I love the ability, the owner and this one in particular lives in the back unit,this is a duplex.So, he lives in the back and he is able to rent out the front. So, he is there to, if there is any issue.This one only allows four people, so, it is quiet. We do not have any party issues,we have had very, very good renters, and I like I said I have been doing this for a while now. So, I am very strict with,who I allow and I have a strict vetting process for no parties, again, it is mostly families. So, my first and foremost consideration is the neighbors. I am fully aware that if they are not happy then no one is happy.So, I make it my priority to make the integrity of the neighborhood.Also,we are paying 8% in occupancy taxes. And,that goes right back to the City in order to develop again our beautiful city, we are glad to have this opportunity. It is rental income. I love to be able to provide that especially, most of my people are military members. So, I love to be able to help them in their endeavors. But, that being said, we do believe we followed all of the necessary things we needed to do, and so, we paid $360 application fee,we have gone through what we believe the city has required.And, so, it is a little bit hard getting denied for kind of some of these things that are coming up aboutthe changes that should not be ourfault. If there is any lack of organization, I know you all are working very hard and I know this is very frustrating and I am sure for you as well. But, I just want clarity so that I can best represent my clients. And so, that is all I have to say. Thank you very much. Ms. Oliver: I have a question for you.You said you have clients, are you in a real estate business and how many Short-Term Rentals do you have? Ms. Alderman: So, that is correct, I do have my real estate license, my LLC is Host My Home LLC. So, I represent my clients through the LLC, but I do also have my real estate license through EXIT Realty Central. Ms. Oliver: How many Short-Term Rentals do you represent? Ms. Alderman: I apologize, in the area I have four Short- Term Rentals. And,then I have a couple that I co-host in other states, just digital management, so a total of four here and four and other states. Ms. Oliver: Locally based? Ms. Alderman: The four here yes, they are locally based, I am here, so I live here in Virginia Beach. 3 Ms. Oliver: Thank you, I just wantto clarify. So, you said you misunderstood City Staff as far as when they say you are good to go. You assume that means that you can go ahead and start renting your Short- Term Rental. I just wantto make sure I am clear, is that is what you perceived. Ms. Alderman: Absolutely,fair question. Yes, I believed, so when I saw the rules online aboutthe Conditional Use Permit and all of their requirements I needed to do, one of the first steps was to register with the Commissioner of Revenue, so, before we started operating I did all the steps required, put outthe application, putthe sign in the yard, registered, so, that we are paying taxes and yes my understanding was when I called the Commissioner of Revenue, I said once I am paying in taxes, and we have the application in,am I okay to do the Short- Term Rental until we get approved or denied for the Conditional Use Permit. And, my understanding was that answerwas yes. Ms. Oliver: Let me just continue with this train of thought I have got. So, that was the answer that you received the other three Short-Term Rentals that you have in Virginia Beach. So, that is the way you understood that is how that operates. Ms. Alderman: Yes, that is absolutely correct. Ms. Oliver: And,that this is your business leasing Short-Term Rentals. Ms. Alderman: I am sorry, I must have missed that question, I think it was kind of muted and unmuted, so, it was muted when you were asking that question. Ms. Oliver: This is your business to lease Short- Term Rentals for the owners of the property, correct. Ms. Alderman: Yes, that is absolutely correct. Mr. Weiner: I have a question. Have you been paying taxes through the Commissioner of Revenue, priorto submitting the application? Ms. Alderman: No, there was no taxes to be paid, because they were not Short- Term Rentals before. And,so, we started paying taxes the second that we got approved and we started allowing renters and start paying the applicable taxes. Mr. Weiner: What were you doing first, did you do the application first,then do the taxes, and then contact to the Commission of Revenue. 4 Ms. Alderman: To be honest, I am not sure if it was the application then the Commissioner of Revenue or if it was flip-flop, I mean, we do them at the same time usually,once they start filling out the application I have them go to the Commissioner of Revenue. I mean, truthfully at same time but I am really not sure who, I think one of them, I might have been missed one, where they did have an order, where you needed to do the application first, then go to the Commissioner of Revenue,then that was there okay to start paying taxes. I think that is how it works, butt am sorry I am a little bit foggy in some of the details. Mr. Horsley:I am completely confused with the process, it looks to me like I thought they were supposed to apply for a use permit, they can arranged with the Commission of Revenue, but that does not give them the authority to start business. Ms. Wilson:That is correct. Mr. Horsley:The only time they can start a business is once City Council approves the use permit, which has to goes through us. Ms. Wilson:Yes, sir. That is correct. Mr. Horsley:ls that correct. Ms. Wilson:That is correct. Mr. Horsley:So, somebody has been given some wrong information or somebody interpreted something in wrong. Ms. Wilson: I kind of got the second time she explained it, I got it, it was the Commissioner of the Revenue,and he may not been understanding the process. The first time I thought it was zoning. So I am not sure exactly who gave her that information. Mr. Inman: Question for the applicant,who told you, what office you were talking to regarding permission to go ahead? Ms. Alderman: I believe Commissioner of Revenue.As I said, I have done it for a few different places, so, it had been my understanding.Yeah,we are certainly not trying to operate illegally,we are trying to go through all the necessary steps, and so, I am disappointed if I misunderstood because I do believe it was Commissioner of Revenue we spoke with,which may not have been the correct person, but online I do not know it was just a little bit confusing and Ijust want to make sure I am clear so that when I am 5 representing future clients we are doing it the right way. So, hopefully we can clear that up for me as well. Mr. Inman: You start building before you get the permit that does not work well. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair,there is one speaker signed up to comment, Sean Meyers, who will make comments virtually. Mr. Meyers you have up to three minutes, please state your name for the record. Thank you. Mr. Meyers: Sean Meyers, can you hear me. Mr. Landfair: Mr. Meyers, please proceed. Mr. Meyers: Okay. I represent my client,the owner of 501 and 503,Barberton Drive. Bruce and Brenda Nelson, I am a real estate broker with Coastal Group Incorporated I manage that property for them. And,just a few brief comments like two prior speakers ago, the Lake Station condos and actually they were having there,those are issues that we definitely do not want to see on our property and I have to deal with tenants that we have in the property. This is a residential setting and not a vacation setting, and we do want to make sure that ourtenants, right acquired environment by enjoyment of their property. It is not infringed upon by having vacationers next door and additionally next door, the property is very close together. There is nothing really separating them other than some trees, there is no lack of private enclosures, a deck, or a fence or anything like that separating and everything is wide open right there. And,folks can come and go, and there is no real privacy there, without after traffic and another question that I would ask would be if the gentleman who owns 505 and 507 Barberton, if he moves out of their rear unit will he be renting that at short-term and we have to deal with additional traffic as well. Really, that is about all that I have to say about it, we are more concerned about protecting ourtenants and our clients and their right of quiet enjoyment. And,just want to point out that this is not a vacation area and this is the residential area. It is not San dbridge, it is not that the ocean front, not those Vacation Rentals that have been grandfathered in that were managed by ERA Atkinson's like that, this is a residential setting, and we would like to remain, so if we can. All I have at this time. Ms. Oliver: Do you have a question for him? 6 Ms. Klein: Yes. Have there been concerns with the renters that have been on the property since they started operating earlier this year. Mr. Meyers: At this point, I have had zero comments from either tenant and either of my units over there. I do not know that they were aware of and I am certainly not aware of a unit being rented out on a short-term basis, but I have not had complaints at any point. Ms. Oliver: Any other questions for the speaker? Okay. Mr. Landfair: Madam Chair,there are no more speakers. We would like to ask if there are any speakers present in the lobby, building 19, or in the chamber that would like to speak, anyone? There are no more known speakers. Ms. Oliver: Alright, I am going to close this to our Planning Commissioners and open the floor for any discussion.Yes, Robyn. Ms. Klein: I am on the website regarding the ordinance and it says that, except as noted below,all property owners must obtain a CUP in order to use residences they own as Short-Term Rentals. I think that is clear. Ms. Oliver: I think it is clear too. Concerns make this. This is what she does for a living. Mr. Graham: She does it for a living, you would expect her to know. Ms. Oliver: Alright. Do we have a motion? Don. Mr. Horsley: I just make a comment that the Short- Term Rentals originated from people who had homes and they would like to rent it out a little bit during the year and the fear came in some of us as we were developing this that and this was going to develop into a business,where people are going to buy homes and convert them for nothing but that and people want to go live in them and I thinkthatis exactly what has happened that is the reason we have been inundated with all these Short- Term Rental applications as people see thisas an excellent businessopportunityand rightfully so I gave. But, the premises was, in the beginning was people had homes and they would like to be able to rent them out for weeks a year. And, now it has gotten way out of hand and I guess that is the reason Council has ask us to relook at this whole thing. So, at this point, I do not guess we have much basis to turn this one down.,except for the fact that I do not like taking place. Ms. Oliver: She is operating without their CUP. Mr. Horsley:So, if you want a motion, I will give you a motion. 7 Ms. Oliver: No. Mr. Horsley:I will make a motion to deny. Ms. Oliver: I need a second. Mr. Inman: I will second it and I wantto add to what Don was saying and the idea of the original concept that people would live in it, they would be there to better monitor what goes on when they rentthe property that is a big part of it as being part of the neighborhood. I am going to second the motion by Don. Ms. Oliver: Can you call for the vote please? Ms. Coleman: This motion is to-. Ms. Oliver: Oh, I am sorry John. Mr. Coston: Did she say the owner was living there,the owner lives in the backend.? Ms. Wilson:Yes, she does say he lives in the back. Ms. Oliver: He does live in the back. Yes. Ms. Klein: If the Council denies the application, is there a period of time for which the applicant can reapply. Mr. Tajan: Yes, it is one-year. Ms. Klein: One-year. I think this is exactly the type of person I would want doing a Short- Term Rental, someone that lives on the property. It is more that I would advise him find a new. Ms. Oliver: Person to run. Ms. Klein: Right,we feel like we are penalizing the applicant. But,this in theory is the type of person that I would want to support in having a Short- Term Rental because they live there. Ms. Oliver: Right. Mr. Wall: Also, if there is adjacent, it does not seem like they have had necessarily issues with this as I mean even though, it is been operating illegally, that they have not even known that it is a Short- Term Rental to a certain extent. 8 I mean, he obviouslydoes know, but he did not mention that there were had been any issues up to this point. Ms. Oliver: No. Yes, David. Mr. Weiner: I am torn on this one. Yeah, unless she does this for a living, yes, you read it rightoff the website, it says whatto do and anybody can see that normally. Ms. Oliver: I am concern that she has four of them and this is her business and she is a host home. Mr. Weiner: She is kind of a rental agent really. Ms. Oliver: Right, she is a rental agent and she operates in two states, and unfortunately, if you are running a business and you are running it across in two states, you certainly would understand how each city worked and how they were setup according to operational standards and regulations. So, that is unfortunate is somewhat my problem here with us. Alright, well, we have a motion on the floor and the second. Ms. Coleman: Alright,the motion is to deny this application.If you are in favor of the motion say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz:Yes. Ms. Coleman: Mr. Coston. Mr. Coston: No. 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: No. Ms. Coleman: Mr. Wall. 9 Mr. Wall: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: No. Ms. Coleman: Ms. Oliver: Ms. Oliver: Yes. Ms. Coleman: Okay. By recorded vote of five,for and fou ragai n st th e Agen da Items 12 is hereby been recommended for denial by the Planning Commission. AYE 5 NAY 4 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston NAY Graham AYE Horsley . AYE Inman AYE Klein NAY Oliver AYE Redmond ABSENT Wall NAY Weiner NAY CONDITIONS 1 . The following conditions shall only apply to the dwelling unit addressed as 505 Barberton Drive, and the Short Term Rental use shall on ly occu r in the principal structu re. 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 Permitfora ShortTerm Rental where 10 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 ShortTerm 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 notifythe new property ownerof 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 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), 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. 11 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 extinguisherand,where natural gas or propane is present, carbon monoxide detectors, shall be installed in each ShortTerm Rental. Further conditions maybe 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 Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 12 k ( et 7 §& f { m \ ƒ / k \ l � £ - E ' 1 7k ¥ ra ) / § / e m )- 2 Ez 9f 2 % t i2 - k ) 25 �� � } o k \ { = k • £ 0 7 � f [ a ; 2 " § a ! ƒ LI • a. § � } OD \ ] % $ ? 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( A 6 E c m % [ « f k 6 \ - E a, k § \ 3 E i s ( ) k Q ® ` ` f R - / a - L o \ — ± 2 ` ® • a s k to ) 2 \ \ ) k e \ ) I.- : I ` £ f \ / k ( { W i } a, / > \ ) ] » ° - ` ( � ) / ` G $ a.- 6 ƒ - • - ) C § % k $ = f % f 7 ® � ® cc % \ . ° } E & } _E / \ / } \ } . \ it § & k 2 • • a $ E { & { \ ( ) . . t r \ — • a, M R § ,11111111: 1W C:\ \,--- -, .110 _ 11,—- N.----- 11111 I\ R-10 \ \ , i ' IP I , , \\ \ $1,1. 0 R-AO---------- 1 \,, iroow __ _ , \ ), \ illb 7-10 1 ' 1 , 11 williVillr ,� I ..„, __: _____. . lila la r R-10 I) RA-0 N r4A Site Curtis Jordan W ' ,P _ Property_Polygons 629 Surfside Avenue :( . s Zoning Parking Lot Drive Aisle m ..... _Feet I--1 Q,,;l,1;.,,. 0 10 20 40 60 80 100 120 4 1,-.1� Z) f- CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: CURTIS JORDAN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 629 Surfside Avenue (GPIN 2426381576). COUNCIL DISTRICT — BEACH MEETING DATE: September 1, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a single-family dwelling on 10,000 square foot parcel zoned R-10 Residential District. This property is located in the Croatan neighborhood, which is composed of single-family dwellings. City records indicate that the four-bedroom home was constructed in 1989. The minimum number of parking spaces required is one per bedroom, or three spaces in this instance. No on-street parking is allowed on Surfside Avenue; however, all parking is provided on-site. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is 12; however, at the time of the writing of this document the applicant indicated agreement 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. • Considerations: All required four parking spaces are accommodated on-site, three parking spaces in the driveway and one in the two-car garage. The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable and a condition is recommended that requires the garage remain accessible for parking while the Short Term Rental is active. 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 Staff's evaluation, are provided in the attached Staff report. Staff received one letter of opposition from an adjacent property owner, that was provided to the Planning Commission and is attached below, indicating a belief that proper advertising and notification had not occurred. Staff has reviewed the posted sign and adjacent mailing list and have not noted any inconsistency with Zoning Ordinance requirements. Curtis Jordan Page 2 of 4 • Recommendation: On July 8, 2020, the Planning Commission passed a motion to recommend 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 September 1, 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling unit addressed as 629 Surfside 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. 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 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. Curtis Jordan Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. 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 one (1) rental contract 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 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. Curtis Jordan Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:) V Applicant & Property Owner: Curtis Jordan Agenda Item Public Hearing: September 1, 2020 j' City Council Election District: Beach 5 1 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation }-- a . Approval ` mo o` io .-(\ 0 Staff Planner / r Summer Peebles `� or 4 D O� m t�C Location ratan Road,4m .> 629 Surfside Avenue � \ ,, V% j Jy % G P I N ooseaosa CO��___ T \ 2426381576 e n 1' Site Size1) 1 v-- 10,020 square feet f /r.,,Li.h 0 • Existing Land Use and Zoning District "+w,`, R;f�eRan9 a e goad Single-family dwelling/ R-10 Residential ' Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-10 Residential � 4y r =K . t r'•• -t. South . h Single-family dwellings/ R-10 Residential ,_kr 'I* y East Mare";,;s«ee` Surfside Avenue " .f. " • -� Single family dwellings/ : : :::::: Wst ►+Sinle-familydwellings/ , % • 1 1�% + 04.4t• 44 0, 1 o- a. m z, _ . (Y,,,,,it: 4. !�c c or* . . , - , , F-7 •1 4 ;110 .114.7.4.-:4 -- „ ', , • eIP Curtis Jordan Agenda Item 5 Page 1 Background & Summary of Proposal Site Conditions and History • The subject 10,000 square foot parcel is zoned R-10 Residential. • City records indicate the single-family dwelling built in 1989. • 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 Surfside Avenue. • No records of Zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity \y • /FT,r x+ STATUS W O Approved • Denied -' O Under Review Cj 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 • Number of parking spaces provided on-site: 4 Curtis Jordan Agenda Item 5 Page 2 `141 "esti'Sred , C �a` ` ! � Zoning History Q 0„ # Request R't' 1 SVR(Variance for lot size)Approved 12/14/2016 y - ��" c2, 2 STC(Closure of alley)Approved 10/01/2019 * rw, Nos or 3 STC(Closure of alley)Approved 07/03/2011 c 1 C� 4 STC(Closure of alley)Approved 05/21/2019 LT) 5 STC(Closure of alley)Approved 02/22/2011 ri,,,,,iu+Vivo Q R 6 STC(Closure of alley)Approved 02/22/2011 Clo 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 parcel is located in the Croatan neighborhood,which is composed of Single-family dwellings.The property is three blocks away from the public beach of the Atlantic Ocean, where Short Term Rental use is common.All required four parking spaces are accommodated on the site, three parking spaces in the driveway and one in the two-car garage. No street parking is allowed on Surfside Avenue; however, all parking required is provided on-site.The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable.All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 629 Surfside 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. 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 Curtis Jordan Agenda Item 5 Page 3 Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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. 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 one (1) rental contract 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 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. Curtis Jordan Agenda Item 5 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 August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23,2020. • 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 17,2020. • 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. Curtis Jordan Agenda Item 5 Page 5 Site Layout & Parking Plan i j • ,N04•t4'15`W 80.00' \ CI ... 6% 24'•J'`a� ? SKr) _te o.r 5' METAL H LINE j y EZ___ FENCE ,, IRAN 4' WOOD FENCE d (OTHERS) // •••' ` (3) 8 Ncr t 4 TININ _. _ / / I N ; •" ' ., d rill Single- i in A/c family ;. 13.2' ' w 5 METAL 'o `-c'-0.3' (yI �\ Dwellin • a,' - , ENC - 1` A /" ataJ in BLOCK / •- /� ✓V -i 2 1 ,�if/f/f'T Z ""1 3 4 = W U m PIN(F) PIN(F) - 205.00' - _._ ... . .. Surfside Avenue Curtis Jordan Agenda Item 5 Page 6 Site Photos �''* .7 r . -.ram^ , .. t (, L� . •/ * 4 - c V " k%- .' '' ' ''i0::k•04 0 ',,' ;', . •' ,-4 -) -,- :14,14k 5,-71 r �- ♦� a"s 7"t,t. ' %11 �40.)4 ,._. -:tom`_ __ �`t 'I-#,.+ -.-„,,,,`710 .,. .. 1 ! ti, _ :. _t- . • -:.4 i 4 , =x M .. r <x - -;• - - _ a • Curtis Jordan Agenda Item 5 Page 7 „.. „ jmolir,inv._, ,.....s,..,4.,_, -.11„:,..:,:.. •4::"...,_:• --x..-....1.,:..-•::1:4'1.,.:.:.04:,' Site Photos , . S. .,„ .c . • 1 , ,- ..... 4. „,- -. •'..”- ,,, - ,. - • a. ,';f.• "F.. , lip. . ..- - •s . :it. -.=-•••••••- -.,-,--• 4 .1f • ., . • * '. —1'er w..,* -,--.."'-- ..-. .- -- 't: .3-1 ----... •),. •--'"'".--- • 1 A ":v ) ' -..r.0""W` -''''. -.., . 4..,,, -1,• N.L...--,.-. --_ -• -• -:,:, -1..4.:,*/-jficni,,7541/1A,•••- *- APIAloo -- _ _-in, ...r,r,..x.-- - -aN -,;.....------• '41? • . -= ,-,_•''''.. . ••• , .1" .1,4.....•_;•••' ' ,. • ,..-.." ••• - ,......'.. . -. . 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',..,„...,--.--...•,--tef.-"4-;,4.,,,p--',w-i,k,-,-_!::-zi---:',-Y-,,, ,Q;;.*i.T,-,,4.1.--•.---c-.;- ''.',.,.kr*,,-,,,,--,•;•;:-.---wi •'?:;,9,_7'....,,,O.*: • --,7,--ci,---,•*,•••:•-•'---••.:-., ,.,--•.;-,,,,,;,-;.*t;7.,;„--,_-_-_,...--,•.-41,-•..7,-,:-,-,-,-,t,,--7i,::-.---.--,'„,;-„z4.--;-;',%!,4.1L4-,;r4,; ..,:v.-7,;,.,..-,•,,,. ..-:*.k,%45,44.;•.-..r--,. '-' .-; --,': -..,•-,-: ..,!-•'• t•*"..i•'',„"•/'-'..•'-.7-''';','.-;•1,---,',-i7--,.1•.,...‘„.;,..";,•5--:.-,,--,.••---; :',-1-,.--- -•-•-:.'.--- -• - . .- CurtisJordan Agenda Item 5 Page 8 Site Photos x .• `�M�, I __'fir • 0 �y yam" �1 f s. k S t i } y M_ B .. Oh ek, �.- rf► Yin # ice' .- j =vim _, t � Y - '. .1.. °. _ :ram ,,- '_ Curtis Jordan Agenda Item 5 Page 9 Disclosure Statement ail,of Virginia Beach APPLICANT'S NAME Curtis Jordan 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/Alt disclosures must be updated two(2i weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applirr,- ▪ APPLICANT NOTIFIED OF HEARING Di'?' 08/18/2020-Summer Peebles NO CHANGES AS OF °-' 08/18/2020-Summer Peebles • REVISIONS SUBMITTED "' Curtis Jordan Agenda Item 5 Page 10 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: 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) 1 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 Curtis Jordan Agenda Item 5 Page 11 Disclosure Statement Virgini<B each 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 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 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 Curtis Jordan Agenda Item 5 Page 12 Disclosure Statement :S/B APPLICANT Virginia Beach YES NO SERVICE I I PROVIDER(use additional sheets if i needed) n ErAccounting and/or preparer of LLLJJJ your tax return n ✓ Architect/Landscape Architect/ Land Planner �/ Contract Purchaser(if other than ,/ the Aoolicant)- 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 ❑ 1( mortgage holders and lenders 1 "� selected or being considered to provide financing for acquisition or construction of the property) u Legal Services Real Estate Brokers/ I 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 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 Curtis Jordan Agenda Item 5 Page 13 Disclosure Statement lalB 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 pplication. APPL NT'S SIGNATURE PRINT NAME DATE 74- i 14 C i 1'0,,'_\--, 1(1Q�Z.1 I. I.7 C7 / Page 5 of 7 Curtis Jordan Agenda Item 5 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. Curtis Jordan Agenda Item 5 Page 15 I \\U V\ . .,Iii7_. L-41:1t-io--Lilo __I. . 3/4%. . _ i • ► .,_____.: t 111111 �1 trill v e�,-''� s �1 an ■S ' ''.till 1, _ ' 1 Iit* 11 r--72*: --- 'OW --- "'C': ti- r r= • II A t ' 1 =-11 (4- -- �el.17--0-:. ., a 4'-:-.r1 la 11111 .► ..i.I_• ii.- l'a1110 la____74 A I<<� I`- ----:-.-- / b Q I k - I P r .,. 6,-,,,,,,,,,, tilt _ ill % . vtic--11 ... .. .... . ie. , , 1....„ 0 ,i 4. . / a. t _-- __.)..„ --- % /,, _ ii„mle . . . ., _ \ C cz m -:,:r4A-- -:--411°:, :-- I1UL-71cp tAli i 410 S Q C Ql D Cr _. it . a f The verbatim of the July 8, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 1, 2020, again due to advertising error. Item # 13. Curtis Jordan Conditional Use Permit (Short Term Rental) 629 Surfside Avenue 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 requirementsfor 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 move 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: Than k you.Are there any other Planning Commissioners that need 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 lenderand 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 againstthe following items 1 , 3, 4, 11 , 13, 15, 16, 17, and 18, have been approved by consent. If you have had 2 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.Thankyou all for you r participation.The next order of business is the Regular Agenda. Bill Landfairwill 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 . The following conditions shall onlyapplyto the dwelling unitaddressed as 629 Surfside 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 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 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. 3 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 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 DevelopmentShortTerm 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 ShortTerm Rental must maintain registration with the Commissionerof 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 ShortTerm Rental. 12. 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. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 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) individuals per bedroom. 17. 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. 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 (OPTED)concepts and strategies as they pertain to this site. 5 Marchelle L. Coleman From: Bell Properties <bellpropertiesl @aol.com> Sent: Tuesday, July 7, 2020 10:33 AM To: Summer J. Peebles Subject: City notice for Conditional Use Permit for 629 Surfside i — 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. which I received yesterday. Dear Summer Peebles; No one e mailed me about the above from Croatan, Next door or Croatan Civic League, I am wondering why not, have others been notified? It lacks Due Process and advance notification. I am herewith opposing the above, Conditional Use Permit for 629 Surfside. Very truly yours, Renata Reed 600 Croatan Hills Ct. bellprop@hotmail.com 757.675.6655 1 WM . lgth Stre ORet eet OR sue__ - ___ - 010110 03 \ \ c' . Ag th Street010°.1111 .' / \ 0 C-3,\\\ OR \ Ss co is OR `t Street / /\ viol Na Y WO o ., street i I, 1 _..... ,, str O, 1ith vkaf = \ OR 11 OR , ' a n 1 I 1 N A site 510 Holding, LLC W,, �&F, 1 Property_Polygons 510 18th Street, Units A & B _10 Zoning Parking Lot Drive Aisle m isim mi Feet n 10 L)c cn 7c inn -v) 1 cn at;'nNn;4. S cy. NSi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: 510 HOLDING, LLC [APPLICANT] SANDRA L. BORTE [PROPERTY OWNER] Conditional Use Permit (Short Term Rental) for the property located at 510 18th Street, Units A & B (GPIN 24270619480000). COUNCIL DISTRICT — BEACH MEETING DATE: September 1, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within two units of an existing duplex located within the OR Oceanfront Resort Form- Based Code District. This 6,510 square foot parcel contains the subject dwellings and a mixed use building located at the rear of the property. City records note each subject unit as containing one bedroom. The minimum number of off-street parking spaces required for this use is one per bedroom, or two total spaces when combining the requirements of Unit A and Unit B. The property is also within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. The maximum occupancy for guests on-site after 11 :00 p.m. for each of the one-bedroom Short Term Rental units is three; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are reflected in the conditions below. • Considerations: The site is located within the Vibe Creative District at the oceanfront, which consists of a myriad of commercial and residential uses with an emphasis on the arts and culture. In addition, the property lies less than half of a mile west of the public beach of the Atlantic Ocean. The applicant's parking plan depicts two required off-street parking spaces within the existing driveway, which meet the requirements of Section 241 .2(1) of the City Zoning Ordinance. Since the property is located within the RPPP area, a condition is recommended that limits the number of resident parking passes and prohibits the issuance of guest and temporary passes while the Conditional Use Permit is active. All other requirements of Section 241 .2 of the Zoning Ordinance 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. 510 Holding, LLC (510 18th Street) Page 2 of 4 • 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 September 1 , 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling units addressed as 510 18th Street, 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. 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 (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 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. 510 Holding, LLC (510 18' Street) Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.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 one (1) rental contract 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 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 510 Holding, LLC (510 18th Street) Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 2 City Manager: Applicant: 510 Holding, LLC Agenda Items Property Owner: Sandra L. Borte ,r NI Public Hearing: September 1, 2020 City Council Election District: Beach 6 & 7 Virginia Beach Requests 6 - Conditional Use Permit (Short Term Rental)—510 18th Street, Unit A 7 - Conditional Use Permit (Short Term —J _�,► It ,, p�h5"e et Rental)— 510 18th Street, Unit B "'�. g'Y n'ds°eet 11.1111118. Staff Recommendation As t--- rili ` ll i Approval f±:::7_, a i 1 ��VIIIIII ,,. Staff Planner William Miller , e �A Beach: A Location yccgb'a �. t� S� � 510 18th Street, Units A & B " , r� ,5thwe.- k } I \ GPIN .005" y d '" is I-- 2427061948 F' A01_71i`` is <d ,,�h °` Site Size ---4"I Wit_ O ,o pste` ' 6,510 square feet -• °` Existing Land Use and Zoning District Duplex and mixed-use/OR Oceanfront Resort (ViBe Creative District Overlay) • Surrounding Land Uses and Zoning Districts tAi ` North 18th Street 1• -. 44,441 '¢ s,{ _, Multi-family dwellings/OR Oceanfront Resort "�� (Vibe District Overlay) . ''' South ''! 17th % Street (alley) • Commercial-retail and parking lot/OR V; ill Oceanfront Resort (Vibe District Overlay) East ,.:,£ . Duplex dwelling/OR Oceanfront Resort (Vibe 4 District Overlay) '` f West 4 �a d Commercial (construction storage yard and �> sPo30 ea`h� , ; offices)/OR Oceanfront Resort (Vibe District Overlay) 510 Holding, LLC Agenda Items 6 & 7 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,510 square feet and is located within the OR Oceanfront Resort Form Based Code District (Vibe Creative District Overlay) • The lot contains one duplex style detached house (see definition of detached house in the fourth bullet below) and a two story mixed-use building with commercial uses on the ground floor and an apartment unit on the upper floor(all buildings on this lot are owned by the applicant requesting this Conditional Use Permit).The first floor of the mixed-use building contains a craft noodle shop (small restaurant)and a private personal training business.The second floor of the mixed-use building contains an apartment,which the applicant states will not be used for Short Term Rental purposes. Parking for the mixed-use building is located to the rear of the adjacent lot(508 18th Street)and parking for the duplex style detached house is located between the front of the house and 18th Street. • According to city records,the duplex style detached house was constructed in 1946 and the mixed-use building was completed in 2020. • In July 2012 a comprehensive rezoning of a large portion of the resort area took place. Prior to this wide-ranging rezoning,the subject property was assigned to the RT-3 Resort Tourist District,which did not permit duplexes and consequently rendered this use non-conforming due to its age. After this vast 2012 rezoning occurred,the subject property became part of the OR Oceanfront Resort Form Based Code district, which, in contrast to RT-3, permits duplex dwellings under the definition of'Detached House.'As per Appendix 1,Section 2.2.1 of the City Zoning Ordinance, a Detached House is"a building type having a maximum of three stories and containing up to four dwelling units; attached at the rear, rear and side,or between stories;with private yards on all four sides." As a result of this 2012 comprehensive rezoning, the duplex use, which was previously non-conforming, is now conforming under the current City Zoning Ordinance (CZO). • On September 7, 2018 approval was granted by the Strategic Growth Area division of the Department of Planning and Community Development for the mixed-use building located at the rear of the subject property and the adjacent parking lot at 508 18th Street.This approval specifies "Rear existing two unit garage changing to two craft industry units on ground floor and one residential unit above. Other small scale uses with low traffic generation may be permitted in the ground floor units via similar use provisions (FBC Section 5.1.3) Parking: 6 total 2 per each." • No previous zoning violations were found relating to Short Term Rentals at this address. • Staff inspected the site on May 26, 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. 510 Holding, LLC Agenda Items 6&7 Page 2 Short Term Rentals in the Vicinity ._\'' 1 '-1 T‘,0:fil4r. -,----7:- \1) ' ' , i . _„ --_...-.--- --- \\‘5,...‘ I .ciY____-L,',.,,_— — ot . v , L r.„ ii: ,:::::------------;'"- '0 ll,-,:r=z-- : A '_ - .. ....-- j_,.__: _____„0. . . - -.2.6.-- tits(maisi . ___—_------- ...1„. - 11.!!!"-=- :0:04,1-,..__-_--:,-, - f.-=� :• • 11 . —-- = 1111.%. . ,mil , STATUS =- fa • Approved _ --_---: V.:._ Den red -=_ -'', , Stt, Under Review ~ -,iriii.. , y O Registered • �. 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. 510 18th Street, 510 18th Street, Unit A Unit B Number of bedrooms in the Short Term Rentals: 1 1 Maximum number of guests permitted on the property after 11:00 pm 3 3 (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 1 1 Number of parking spaces provided on-site: 1 1 510 Holding, LLC Agenda Items 6&7 Page 3 Zoning History ,oR uy ' oR # Request -° 4 1 NON(Expand Nonconforming Duplex)Approved 1 OR- � 1 1 = 04/28/1992 STR(Short Term Rental)Pending City Council hearing STR(Short Term Rental)Pending City Council hearing 1 Please note:The use on the property is no longer iR o\ oR nonconforming(see page#2 of this Staff Report for details) y�am' 2 2 STR(Short Term Rental)Pending City Council hearing o \I\ STR(Short Term Rental) Pending City Council hearing STR(Short Term Rental) Pending City Council hearing .ro"'r 3 CUP(Craft Brewery and Open-Air Market)Approved 11/07/17 OR oR ` 4 STR(Short Term Rental)Approved 02/04/2020 �hewww° STR(Short Term Rental)Approved 02/04/2020 STR(Short Term Rental)Approved 02/18/2020 STR(Short Term Rental) Pending City Council hearing 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.The subject property contains a duplex style detached house facing 18th Street, which is proposed for use as a Short Term Rental. In addition,the lot also contains a two story mixed-use building facing 17%2 Street with commercial uses on the ground floor and one apartment unit on the upper floor(all buildings on this lot are owned by the applicant requesting this Conditional Use Permit).The first floor of the mixed-use building contains a craft noodle shop(small restaurant) and a private personal training business.The second floor of the mixed-use building contains an apartment,which the applicant states will not be used for Short Term Rental purposes. Furthermore,the property lies approximately 1,975 feet, or .3 miles,from the public beach of the Atlantic Ocean.The applicant's parking plan depicts two required off-street parking spaces within the existing driveway,which meet the requirements of Section 241.2(1)the City Zoning Ordinance (CZO).Together with the remaining Short Term Rental requirements found in Section 241.2 of the CZO,a 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 51018th Street, 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. 510 Holding, LLC Agenda Items 6&7 Page 4 3. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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 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 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 one (1) rental contract 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 two (2) individuals per bedroom. 510 Holding, LLC Agenda Items 6&7 Page 5 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 August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17,2020. • 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. 510 Holding, LLC Agenda Items 6 &7 Page 6 Site Layout & Parking Plan 51018th Street Unit A/ 1-bedroom _. 9' x 18, Unit B ISTH ST. / 1-bedroom parking space — Unit A 9' x 18' f. parking space )46.1 Unit B 46 S •- __ Existing gravel driveway X • g CII 4ii i , i I 0+ 1 I 1. 1 1 Existing gravel I. parking lot for t— commercial uses at : 510 A& B 17%Street l' and the apartment I. l' at 510 C 17%Street J X i 1. O�x3 1 510 17%Street I. j (Units A, B, &C) iI 463'. I7TH HALF ST. 510 Holding, LLC Agenda Items 6 &7 Page 7 Floor Plan os 510 A 18th st 510 B 18th st 0 N= - ----if-101M"----- S•93N' �� 5-9314' �� 11'•101!4- Cl. H. o I y- k. BEDROOM 1 : - - BEDROOM 1 Kitchen Kitchen-- i pri VI M N Living Room Living Room ; CI i Q I_ w 3 7 m a 1 a K U IX W �— — '■ z I— cr - N m 1 z co 0 *A cc rn EXISTING FIRST FLOOR PLAN 1/4"a 1-0" Q 4' 8 12. 510 Holding, LLC Agenda Items 6 &7 Page 8 Site Photos „ pri* iikii ., _ , ____.„. .. . . tirklik - �-4i.Amos y _ 51018" Street ----- _ 4,t i. A 41 NU , TI , _ - 510 Holding, LLC Agenda Items 6 &7 Page 9 Site Photos , 1.,„ -..-.,....- _ • • . ,„ , . ., - )...-, __------------- • . . , .., ' 1, '"It4, . ___•------ ----- -. I.\ ---:_-.-___-_-_:___ t,_. :V% .• ,,,,,,i74-• • _,_ -- . .0. .• V4_,,v•,, -i- II - -- _._ _ —______ •• ,X• a • i I. -11 I-4 III' 1110111111111111111111.1111.11 "' — '- -. . . i 4. 4 "1.1.0 I - f •:, , .• 111111ftwour Zot....'••••14.,. 4,' .1*.r. ___--. t.;.:14"4111, • ••-‘74. iiili•-"r^.. _Zi"...t. 1 ------________ Oil _ a i -- 5. a - ....".E...... -- - • — '.- - 510 Holding, LLC Agenda Items 6 & 7 Page 10 Disclosure Statement Virginia Reach APPLICANT'S NAME CIO _Acc6r 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 H Street Closure (Historic Review Board) Franchise Agreement I Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance ' Board Conditional Use Permit License Agreement Wetlands Board — The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 5 ❑ A ust 18,2020 ❑ . August 18,2020 I WLUicam.Mille, -William Miller August 18,2020 510 Holding, LLC Agenda Items 6 & 7 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ ��! �f if an LLC, list ail meem�be�r'snames: S TSI`lps-r'flL_ 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. \ j Check here if the PROPERTY OWNER_lS a corporation, partnership, firm, - business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:�1D_ •.�� _1� *�+ If an LLC, list the member's names: rL _ (Property Owner) Page 2 of 5 *The City Assessor's Office lists the property owner as Sandra L.Borte; however,Mrs.Borte is also 510 Holding LLC. 510 Holding, LLC Agenda Items 6 & 7 Page 12 Disclosure Statement 'NB 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. 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 5 510 Holding, LLC Agenda Items 6 & 7 Page 13 Disclosure Statement APPLICANT/cc - Virginia Beach [YES [NO I L _ SERVICE _ I PROVIDER(use additional sheets ifn 1 d) Accounting and/or prepare(of your tax return Architect/Landscape Architect/ UUUU Land Planner Contract Purchaser(if other than I the Applicant)-identify purchaser and purchaser's service providers ElAny other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents 1` E t Ki FiQ mortgage (inclede current mortgage holders and lenders selected or being considered to provide financing for acquisition UT111v or construction of the property) Legal Services ' Cw` A__ Real Estate Brokers/ �'1� I Ng Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Y 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 5 510 Holding, LLC Agenda Items 6 &7 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. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. APPLICANTS SIGNATURE PRINT NAME DATE ;Owner and Applicant* *Sandra Borte is the principal member of 510 Holding, LLC Page 5 of 5 510 Holding, LLC Agenda Items 6 &7 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. 510 Holding, LLC Agenda Items 6 &7 Page 16 1Ff. __ 'ti r =, 11.. 1 k" fib p` e. l : _circle__ m ---3- — - = 0?3 I t -I-7-- ___--\, _ .,' , : 3____..---,--1, t,, 1,1,1. \ . , ,,--, Q ,.. -1 - .,„; - \\ .. . .-;.-,-\ c.. _ __,,,.„0„,__-1 .v _4 J, ..,_--\ t • ti .''q' __..-ti,11101 ., 4.---L,._' V.X.. __ t,,,, ____ iib: Vt \I • U rrN _ \ti "( sSa � - — — . , _- - ._, � it1Me ,;ter -L siski .f,, . 1 t••• l O - - U f r i i` - � Tl li , N � / i, -----\ r_-, 1 E. t' ce'i, '6 \ 1:---__ , C ''''' - Nt F- 0 . 00 < The verbatim of the July 8,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 1,2020,again due to advertising error. Items#15&16. 510 Holding, LLC[Applicant]Sandra L. Borte [Owner] Conditional Use Permits(Short Term Rentals) 510 A&B 18th Street 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 and ask Staff if there are any other speakers on these items. Mr. Landfair: There are no known speakers in opposition. Mr. Weiner: Great. Okay, I move 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 need 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. 1 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. 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. 2 Ms. Coleman: By a 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 had 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 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. The following conditions shall only apply to the dwelling units addressed as 510 18th Street, Units A 86 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. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 3 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- 4 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. 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 5 techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 ii OR h street OR 1st OR th street 18 ___ \ o 18th Street �' N , .41/ ZD ' 114Si OR OR �, OR at � tili t \ scree --- Na��11 street 1?tr FR ii N // Site 510 Holding, LLC W_,ll .,. 1 Property_Polygons 508 18th Street, Units A & B -V s Zoning Parking Lot Drive Aisle m _Feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 510 HOLDING, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 508 18th Street, Units A & B (GPIN 24270619890000). COUNCIL DISTRICT — BEACH MEETING DATE: September 1, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within two units of an existing duplex building located within the OR Oceanfront Resort Form-Based Code District. This 6,510 square foot parcel contains the subject dwellings and a parking area used by the abutting property to the west. City records note Unit A as having two bedrooms and Unit B as having one bedroom. The minimum number of off-street parking spaces required for this use is one per bedroom, or three total spaces between the units. The property is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. The maximum occupancy for guests on-site after 11 :00 p.m. for a two-bedroom Short Term Rental is six and for a one-bedroom Short Term Rental is three; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This site is located within the ViBe Creative District at the oceanfront, which consist of a myriad of commercial and residential uses with an emphasis on the arts and culture. In addition, the property lies less than half of a mile west of the public beach of the Atlantic Ocean. The applicant's parking plan depicts three required off-street parking spaces within the existing driveway, which meet the requirement of Section 241.2(1) the City Zoning Ordinance. Since the property is located within the RPPP area, a condition is recommended that limits the number of resident parking passes and prohibits the issuance of guest and temporary passes while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance 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. 510 Holding, LLC (508 18th Street) Page 2of4 • 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 September 1, 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling units addressed as 508 18th Street, Unit A & 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. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 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. 510 Holding, LLC (508 18th Street) Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. 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 one (1) rental contract 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 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. 510 Holding, LLC (508 18th Street) 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 V) City Manager: p Applicant and Property Owner: 510 Holding, LLC Agenda Items IN/B Public Hearing: September 1, 2020 Q City Council Election District: Beach V Virginia Beach Requests 8 - Conditional Use Permit (Short Term Rental)- 508 18th Street, Unit A 9 - Conditional Use Permit (Short Term 26,"S",`` ) 25°sv,, Yag, Rental)- 508 18th Street, Unit B :. -, pthw5 2„"sty C �j '7,t"Strom Iv dsueet r Staff Recommendation •�- n`ds`�tds:•: Approval F nsaeet zs" 2„t-s�' Staff Planner 1_,- larlilli William Miller • - 3 Location .1 -i 508 18th Street, Units A & B i - A l \S, 3 - -;- t GPIN � sweet �311t• r"-i fake On 151h treat 2427061989 2° Y-r to "e the Site Size f 3 ` MAn'Js l ---gtt,sueet 9t"Sl..„eet 6,510 square feet Existing Land Use and Zoning District Duplex and parking lot/OR Oceanfront Resort (Vibe Creative District Overlay) t ., o Surrounding Land Uses and Zoning Districts 0 _ i tt -- 41 '_ t Y,� ` P North "'- br .' .0%.- 1ti.,.'• "L 4 18th Street i �= . i .r • wtta Multi-family dwellings/OR Oceanfront Resort eft: ',' -;t 1 " (Ville Creative District Overlay) • - t o 106,E • : tat"S`^e� `4 °' .�, /1 ✓ • South a i �.d ,, 17th % Street (alley) a � � `- ram' �°t '' #� .' D Commercial retail and parking lot/ OR yA ei .• Oceanfront Resort (Vibe Creative District v .__ Al'''" / --Jr 5eva`d 0♦ 3Ihll t .mac .: o Overlay) . ~ V'"9'" 0, fi East 1 -, a j q - re ' 1 ',. .--it Single-family dwelling/OR Oceanfront Resort ri r; ,,_t. , �, 4 l, , .�r+; -`'i �j <s N (Vibe Creative District Overlay) " 'p ' - `*.!t-' sts�` { tIM West ' ,,,;. { Duplex, commercial, apartment/OR Oceanfront Resort (Vibe Creative District Overlay) 510 Holding, LLC Agenda Items 8 & 9 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,510 square feet and is located within the OR Oceanfront Resort Form Based Code District(Vibe Creative District Overlay) • One duplex style detached house sits on this parcel (see definition of detached house in the fourth bullet below). In addition,the property contains a gravel parking lot used for an adjacent apartment unit and abutting commercial businesses. • According to city records,this structure was built in 1947. • On April 28, 1992, City Council granted an expansion to a nonconforming use (duplex)on the subject property. This approval centered on the extension of the main roof structure,which was raised to provide more headroom for the second floor occupants; however,the approval also included a site plan depicting the creation of a large gravel parking area in front of the dwelling adjacent to 18th Street.As a result,the gravel parking area was placed as shown on the 1992 site plan and is still in use today. • In July 2012 a comprehensive rezoning of a large portion of the resort area took place. Prior to this wide-ranging rezoning, the subject property was assigned to the RT-3 Resort Tourist District,which did not permit duplexes and rendered this use non-conforming due to its age.After this vast 2012 rezoning occurred,the subject property became part of the OR Oceanfront Resort Form Based Code district,which, in contrast to RT-3, permits duplex dwellings under the definition of'Detached House.' As per Appendix 1,Section 2.2.1 of the City Zoning Ordinance, a Detached House is "a building type having a maximum of three stories and containing up to four dwelling units; attached at the rear, rear and side, or between stories; with private yards on all four sides."As a result of this 2012 comprehensive rezoning,the duplex use, which was previously non-conforming, is now conforming under the current City Zoning Ordinance (CZO). • A complaint relating to this address was received by the Zoning Administration on 07.14.2017.The complaint stated that the "Owner is running an Air B&B from the residence."The Zoning Inspector assigned to the case noted the following outcome of her investigation on 11.06.2017: "Will continue to monitor this address— waiting for new ordinance to come out."No other details relating to this complaint were found and no other complaints were found. • Staff inspected the site on May 26, 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. 510 Holding, LLC Agenda Items 8&9 Page 2 pp Short Term Rentals in the Vicinity '`dam-, i, , ,..,, ,,;;.�.- , 2 P. et� ,-� s '?- "'t .‘.-22�tf t s t'e -� \------- ---- 1 -1 t • ' l . cl.A` -,,.._..A.--_`::'..\\.,,,,. .1.. ra W C''t ---rei..* a* '-------r -1 _ ..., ) , —31 ,,A__A ,. \_i-.--- --_T-.:...- ,-\--.---, -. --bl-i17ik1--1 1t e:Ov'tts:. s\ _ u of •_` lyJ 1 t L_ ryiy`7 1 ,• ..:j1-I1'6---l-----..--t-4--.-1,:.-1.."c-.- .\ ,,"\c_,t y \ 4 'G-_ • o ft\ �t . "1 t 4, 1 �` .o. •�1t�s..-tt ',_.1dl .`t _ -• }et — ,1 if'„t. 4 • ` it IV,';•.- 1 1 otw-- . \ !� �1(' t ` * p l__ STATUS • rl --1-4,�Y(C\ L I's 15 _ S ti • AO proved •tf..• 14 '? . S,•5 f i ' 40.4A. -� l�l�11 S y Oen,ee V _l O Under Review �1tU�11Mfir-Ile lY+{�}t. yt\ . Ysttee. Q Reg atercC * i1�r�"t' ��� 1 ' ' 3'Ttil L l ,( 1_ �''i � 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. Unit A Unit B Number of bedrooms in the Short Term Rentals: 2 1 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per 6 3 bedroom): Number of parking spaces required (1 space per bedroom required): 2 1 Number of parking spaces provided on-site: 2 1 510 Holding, LLC Agenda Items 8 & 9 Page 3 Zoning History UoRV3 Uv , OR oR # Request t\i o 1 NON(Expand Nonconforming Duplex)Approved 04/28/1992 +�"�"� Please note:The use on the property is no longer - nonconforming(see page#2 of this Staff Report for details) _ _ • 2 STR(Short Term Rental)Pending City Council 7.0. ` STR(Short Term Rental) Pending City Council ._ #�'!J STR(Short Term Rental) Pending City Council , • 3 STR(Short Term Rental) Pending City Council •OR + f STR(Short Term Rental)Pending City Council * 4 CUP(Craft Brewery and Open-Air Market)Approved oR11/07/17 5 STR(Short Term Rental)Approved 02/04/2020 STR(Short Term Rental)Approved 02/04/2020 �R \ STR(Short Term Rental)Approved 02/18/2020 STR(Short Term Rental) Pending City Council 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. In addition,the property lies approximately 1,975 feet, or.3 miles,from the public beach of the Atlantic Ocean.The applicant's parking plan depicts three required off-street parking spaces within the existing driveway,which meet the requirements of Section 241.2(1)the City Zoning Ordinance (CZO).Together with the remaining Short Term Rental requirements found in Section 241.2 of the CZO, a 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 508 18th Street, Unit A& 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. 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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning 510 Holding, LLC Agenda Items 8&9 Page 4 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 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 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 one (1) rental contract 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 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 510 Holding, LLC Agenda Items 8 &9 Page 5 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 August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 28, 2020. 510 Holding, LLC Agenda Items 8&9 Page 6 Site Layout & Parking Plan 18TH ST. t 463' .�312;' - . [1TT1Ji 14,1„ ,'7, - �x : 1 it,'.: v�, - T '9 D 508 18th Street �n Units A & B i D 73 rn 1D C I' $ l ' ' — I.) is a 4. u I . r O 4 i II 0> y Q 510 171/2 Street 1. -.I-7,( '-,)-LTr; (Units A, B, & C) ._ ..:a. ' 4r1 . 'I' I7TH HALF ST. 1 9' x 18' parking space — Unit A Existing compacted gravel 510 Holding, LLC 9' x 18' parking space — Unit B Agenda Items & 9 Page 7 Floor Plan 3' li6 I<sy 6' ` y i ;J ATH I 4'6� Fitt , i 6 1 K�TGHE,d `i 0i tLftoo A z ,8 -- x __? rii -- _ -- J_ I ' LM , Ar-' �` t >a ,� e, ! Div _ ! (LL+ J e �3 I -i L ___ Unit A 32 . 1ST STORY FLOOR PLAN !— i i Ii I \ ' \ �)CLOSET ! ' 1 1- II__I l ( TN� ' KITCHEr� OHtc (- - 1 � ` ,__ I i to RED Cons_ i f v . 4: j zc` I--1., _,) i tcJ •l L.V11 G AREA 1 ' i _„.._ r______.. .. .. :...., _."17-7..._____.7 ' i i i "3---—zL _ — t ---:=.—a H -4, Unit B H s'� _ 20f j i 2NDJT =RYFC,CR PLA\ 510 Holding, LLC Agenda Items 8 & 9 Page 8 Site Photos r ( yJ-+ a Ni......., \ ,-441/ • r_ ,µ r gra 508 18th Street a y, ,. • * ."'-' is ,w `q' •s. ,ems` :f A t . A $T ��� .. T c - .. '.. - -_. 510 Holding, LLC Agenda Items 8 &9 Page 9 Site Photos , -71lik . ', 1.- - ,- -•. • • ,. •., -, .,4.0.0.„ ..tigia6...,-.41 ,f1..,:- •.: iipp.-- --.-- A..1. . .. , . •'' 10.7-:. !..,-. - - — .. , ., ' -, I - . .. , ..... _ ..._,...... — ,. . - 1 _, ii mi . , • - t.Nii,•,.!P - -—.,, I -- a:, . .. • ,,.. . . ,. f-t•"-. '''••• -..' '-'-' - - :'''''''-i.,-1-•-'.n-'14-A,,',1Ak:-,',,-..,-1:-1::,,,k,,---,_ ,,-4,-,,,,•,--,•,,, . 1,-:-,,-':F--.•,',': "'e,',":•!a."4"-' _-;,4-- -,,,,:.,.,--.-.4-i--,C,--..-ai-",...----_,;--,',-i,':;*---1,---E-,- --,-----'-; ,.. . .;. ` -calk. '. ---. .• .0, - .r` .. . , ---,,•,,,.,- -•--:,..-,.... 11I-,-W 44i.t.-.,,):-0....-.'..,'.'l•'.il'4a,'w.,.,"7.-l"1..,lav'i-:-t`V4.a4..b.:."I.mi 3Io„r1k o,6",.-V 1%.'1't...‘t'i:,:•.:-'':,--''.,,., .---- -'--—7,--X,..•-._..,...-.-.,.f•,._'•--.,4-..'1.4-41'''1,''%".'y,•••'4.•,z'3jk-.'..,•.-•.,'•‘',,•,,„4 e.4......1.•^..: •1:-,4 4-.*---.-.-.-I1.-',V 4'.'s.,.0(:.i.-..-..,•.. -,'g••,„-4I 1 1‘. _ '• 7,ik ':'..'.4. .. -' -•'- ,•--..-.A-..i i- - ,11211111111 )4 - r ;.'.1.4. ! §Itig.t1;:! I---•-. - .-------.-- so • . , . 510 Holding, LLC Agenda Items 8 & 9 Page 10 Disclosure Statement • VB Virginia Beach APPLICANT'S NAME SIO 461(9 LI-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 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 SrZ- • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 5 ❑ August 18,2020 fAugust 18,2020 W%lliantiMaier -William Miller August 18,2020 510 Holding, LLC Agenda Items 8&9 Page 11 Disclosure Statement Iiiii Virginia Beach nCheck 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:Op T'54)11 6ft_L-I-c---- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 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 Ayplicant. — 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:5a)_ L LL� If an LLC, list the member's names: S — Page 2 of 5 510 Holding, LLC Agenda Items 8&9 Page 12 Disclosure Statement \13 Virginia Bach 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 5 510 Holding, LLC Agenda Items 8 &9 Page 13 Disclosure Statement li\B APPLICANT)APPLICANT)OLOAtit Virginia Beach YES NO SERVICE I I PROVIDER(use additional sheets if i ! needed) ffs......E Accounting and/or preparer of your tax return I ElThg Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El &il purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors .� nEngineers/Surveyors/Agents rRi nu — Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Inn "Q 0 Legal Services 16:' ` : 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 5 510 Holding, LLC Agenda Items 8 &9 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 A licatior.. APPLICANT'S SIGNATURE PRINT NAME �bATE Applicant and Owner* _ *Sandra Borte is the principal member of 510 Holding, LLC. Page 5 of 5 510 Holding, LLC Agenda Items 8 & 9 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. 510 Holding, LLC Agenda Items 8&9 Page 16 =J-r '�_=J ice — 1 `l �.� - %f �_ =r='ter= f` r 1=j 1 'j` ��� = ~ co Q ��= r YP►hant r ��, rl - l � 1 4.•40110P. ti, ^il .. ,_._ ,, \. „ ..\ ,,...),._______„.•_.,, L.L LU \- — 'I 111 r.r y V‘. % SS 1 00 li . E.+ Ng . --. '., 2 i- r-I 1 rA A ash v�,AU _: ��,► r4. ,:-- l 'y PI vi CD \ r _°'Q$) �( 1-`�,r\Y-_ —1, .� 6' a �,ve' "fie` Ilty-1 c , tom ; t, ...� s . e t r t� -_: k tit=__+ t. _, .---N1e. , r'r • t= �-<- �l 1;3,.,� rf �N --\ -'- r �, cot •� y ���"NII ' ti 1 t_ �%- Z ,)•:-===iix—se.a — •P-- --_-1,--- ____—, _t'0.....„0",„l..—Cyre-\ k• • -::::k .. __\- i'-'-1 - ti l I Lit + i ~ , ( R a, > :----- 1. i ----- S \ V.- 711 1 _ --�� 11 N 1 lr_= The verbatim of the July 8,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 1,2020,again due to advertising error. Items#17&18. 510 Holding, LLC[Applicant]Sandra L. Borte [Owner] Conditional Use Permits(Short Term Rentals) 508 A& B 18th Street 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 ask Staff if there are any other speakers on these items. Mr. Landfair: There are no known speakers in opposition. Mr. Weiner: Great. Okay, I'll move 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. 1 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 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. The following conditions shall only apply to the dwelling units addressed as 508 18th Street, Unit A& 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.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 resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. 3 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. 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. 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. 5 A-12 .� , \\,..._\ . D R-5D a la.. li _ ...0P:/. 1111 A-12 `. _ ` \ sk 1 17 \ \-:\ Ili R;5D 1 — 1 0 to, Ili \ . . \ . , 111, ____ . ______ ___\_________ _ _____ Strggt 121h �/ 11 R-5D ,ma.j:�' CR`-5Dilli 1 N // Site Nicholas Santiago •�1, Property_Polygons 905 12th Street W '��J E s Zoning Parking Lot Drive Aisle Imm• _ Feet n 1n •)n An G;n Stn Inn 1')n / ' 4,r' /71 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NICHOLAS SANTIAGO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 905 12th Street (GPIN 24178456880905). COUNCIL DISTRICT — BEACH MEETING DATE: September 1, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental in one, three-bedroom unit of a duplex at the oceanfront. The property is located within the Lakewood subdivision, which is a neighborhood composed of a multiple housing types and zoning districts. The subject property is situated along a dead- end portion of 12th Street and is surrounded by other duplex dwellings. 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, 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. • Considerations: The property is approximately 4,200 feet, or 0.75 miles from the public beach of the Atlantic Ocean and approximately 0.50 miles from the Virginia Beach Convention Center. The applicant's parking plan depicts three off-street parking spaces on the property; two in the driveway and one within a garage. 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 garage will always be available for parking 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. Additional details pertaining to the application are provided in the attached Staff report. The Planning Commission decided to discuss this application at the public hearing after it was brought to their attention that there are two other active Short Term Rental applications for properties in the block east of this site — the 800 block of 12th Street. Following the discussion, the Commission voted unanimously to recommend approval. There is no known opposition to this request. Nicholas Santiago Page 2 of 4 • Recommendations: On July 8, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0; however, due to an advertising error, this item is rescheduled for the September 1, 2020 joint session of both the Planning Commission and City Council. 1 . The conditions shall only apply to the dwelling unit addressed as 905 12th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 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 Nicholas Santiago Page 3 of 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 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 one (1) rental contract 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 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 Nicholas Santiago Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentTO City Manager: I i ellk/B Applicant & Property Owner: Nicholas Santiago Agenda Item Public Hearing: September 1, 2020 City Council Election District: Beach 1 0 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval t ..'`-t:eet 15 Staff Planner William Miller `+ , 15- �'. ii is Location -. _ — _ 905 12th Street k,, 1 1_ `� �'�4'n GPIN OF s oo 24178456880905 ` f �W�'. Site Size - ISO'VIIII0000 , 7,000 square feet 1 . _/ Existing Land Use and Zoning District Duplex/ R-5D Residential Surrounding Land Uses and Zoning Districts North Duplex dwellings/ R-5D Residential IA south �� 1 r 12th Street ' � • ` Duplex dwellings/ R-5D Residential East .� W -- .,, •_, Duplex dwellings/ R-5D Residential ` • 9 1 ",., West F , R, T Y `. . Duplex dwellings/ R-5D Residential �, /;� Y • irY f• ,Y.�, , r' `-,` o 12�t s • tl -, ` ` AI .` t 1 • Y } 4 As isilsitt b �.ON , 1'. - ': - .a. � ... ...,..ON Nicholas Santiago Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,000 square foot lot is located within the R-5D Residential District and contains one duplex building, which comprises two units(only one unit is part of this application and this applicant doesn't own the other unit). • According to city records,this duplex was constructed in 2011. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on May 26, 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 __--------- \ \\,. ,\..r9 , /7,:,,,,,/ // , - A -.36,_ _ t / / 2/ /.' �'' tirt 0- ,,,, \ ,/ :\,/?,` r;j //, mil` N lk-A n / .940 i ; r—v..c,c r --)--, o, I c STATUS _ e. Q Approved CC<0 _2 Gy C,—J — • Denied i _ {`�{^A0-, 8 , �0( Under Review '-—1 , ' m , - ( Registered + 88 a`S j� 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 Nicholas Santiago Agenda Item 10 Page 2 • Number of parking spaces provided on-site: 3 (2 in the driveway and 1 in the garage) 1 1 \ \\__\ RSD t ,1; No Zoning History to Report Welt \ 121h R-5D, 1 CgO A-24 \? 1 ---\V) \ Crfn A24' Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Lakewood subdivision, which is a neighborhood composed of a multitude of housing types with a few scattered commercial uses. Lakewood is bordered by Norfolk Avenue to the south, 16th street to the north, Colony Mobile Home Park to the west,and Lake Holly to the east. Moreover, the lots in the neighborhood are assigned to many different zoning districts, including residential (R-5D, R-5S), apartment(A-12,A-24,A-36),and industrial (I-1).The subject property is situated along a dead-end portion of 12th Street and is surrounded by other duplex dwellings. In addition,the site lies approximately 4,200 feet, or 0.79 miles,from the public beach of the Atlantic Ocean and 2,400 feet,or 0.45 miles, from the Virginia Beach Convention Center.The applicant's parking plan depicts three off-street parking spaces on the property: one within a garage and two 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; however, a condition is recommended that assures the garage 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 905 12'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. Nicholas Santiago Agenda Item 10 Page 3 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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 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 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 one (1) rental contract 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 two (2) individuals per bedroom. Nicholas Santiago Agenda Item 10 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 August 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23, 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 17, 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 26, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 16, 2020, and August 23,2020. • 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 17, 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 28, 2020. Nicholas Santiago Agenda Item 10 Page 5 Site Layout & Parking Plan 50.00• 2 1 Lat A-2 Lot Al Lot A2 contains 1-Duplex Lot Al contains Building (units 1-Duplex 909 and 911 Building (units 12th Street) 907 907 and 915 911 12th Street) 12t1' Street 12t" Street 1 h -aC HVAC\ - -- . v ' $ p 1 2 story x O �t' 1 frame 1 con', ?inium 909 `' 905 12"' Street �12t Street •e.4\x •- w N •wood `4 1 fence 0.0 ` • Property line is center 1 Parcel A-1 . line of 20' x 119' private unie905 ingress/egress 2 3,636 gig. Feet i 0.0831Acres easement for the 24.3• benefit of Lots A-1 and A-2 (Instrument 1 #20091204001387210) 50.00• so.00•to Rudee Avenue 12TH STREET (50') 9' x 18' parking space I 9' x 18' parking space in the garage Nicholas Santiago Agenda Item 10 Page 6 Site Photos N , 41 .27‘.. i •- , .c. , . . --, - .,_,.... ..- 6 14111 ' 4 .". .4- -...-.. . .1.';:":74::: t„11 r-',.-F_77, ir . .- Ili laiallilleir --,-- 4.--...__IfL"---F.-_4 Ith .x,--fr,----,=--- " III' '.. _ iAt. '*, ,. ... .e.• '.-ier-.... Wiwi 'II"' _....- -.....,,,, 905 12th Street , . .• • 1`. 'A. • ,E „ , ''' ,t. . *•,.. ,, Lit ° t I 1 , . ,....., -...„... -.4., / ?. . • .s,„...... 1.0 IS ''' i et. ...eV ..• - r- • •1 :IP• 1 ....;40r •••‘; 4._ k -, ' e , --44-1.• -4- - '- - = ";.-- /4—',',,- g.,' i :7-• *- -..'"2-4r;'-_.:1",,,.-4,-' 411111100- 'IOW 1- ... 1 -4-„...„.. 4. _,........_ _ * 1111 - .a. 1;1111-411111111ir'' , MetriMOMMOMPIERV,,,,...........----,_,Arivev.."464d6.6...erwilRaM Nicholas Santiago Agenda Item 10 Page 7 Site Photos . - -—• .,. V, '1 'Ilk: e• '. - C ; I * :'''' :'1 .. . I t• %...N 0 • ••• - ••,- ' ,,, . Mr . •' 4.''• .. -, ,. ....-1 . ,, L' ,• 9,---1, ---.. • .. - - -How . . *0'-- °,5*,%.,,_ •'.- ., , „„*24116_, - ... - — . 71"1 , . 1 t 1 -- '-47..,-.4... • .. -.. . ',41-ir -7, -'•4e*_ -': ' -,.------ tb - -- Nicholas Santiago Agenda Item 10 Page 8 Site Photos • II ___--- ..--_---.. -- ..._,.._ ......_ ....-la .,.,- --- _ .-7----_- ff -- - vrp, Am i-- --z::-----------L.,.—_...—r ---------::::----"------ ---g-r.:T'"---"---------- -----g-7:---:-".-g.g-L.---s‘-:=-,.i,:----=,;-;--4-', ---,------T_ ----------- ---- ._ -------- . . • _ . . _,s, -.. ill MI.M........... .• St- _-, - •- -._ t- `,..!' i MIM••••••••• ••••••• 1 , f . . 1 ••••••••••••••••••=m... i 1 Umm........010m.......... i - 11 ' :-.,-: 1!•`-_ . -, L ,- - ' •---- _ i `"-- Nicholas Santiago Agenda Item 10 Page 9 Disclosure Statement \33 Virginia Beach APPLICANT'S NAME chci\D5t;,u-,1iac�� 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 two(2)weeks prior to any Page 1 of 5 Planning Comm,ssion and Cit-Council meetin..that :.ertains to the a lcation;s). APPLICANT NOTIFIED OF HEARING DATE August 18,2020 NO CHANGES AS OF DATE August 18,2020 El REVISIONS SUBMITTED DATE. W%Uaa n.Male*"-William Miller August 18,2020 Nicholas Santiago Agenda Item 10 Page 10 Disclosure Statement NIB Virginia Beach 171 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:, 1LLz.5 sG _ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (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 1 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 NOTa 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 5 Nicholas Santiago Agenda Item 10 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 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 (ill) 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 SECTIONS SEPERATELY Page 3 of 5 Nicholas Santiago Agenda Item 10 Page 12 Disclosure Statement 1/B Owner and APPLICANT Virginia Beach YES NO SERVICE 1 [ PROVIDER(use ded)addltlooal sheets If nee ❑ Accounting and/or preparer of Sktm c Anco G uuu your tax return I Y Architect/Landscape Architect/ Land Planner u ❑ of Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers ❑ Anyother of thepending subjorectp property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents DV--T A'ocl;a. is Financing(include current WE14.3 Fr)cl o EJ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) dLegal Services / El Estate Brokers/ Awe- KCAM IA 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 ❑ E 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 5 Nicholas Santiago Agenda Item 10 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 Application. APPLICANTS SIGNATURE PRINT NAME DATE - _ x.,f S 1 " /-o Applicant and Owner Page 5 of 5 Nicholas Santiago Agenda Item 10 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. Nicholas Santiago Agenda Item 10 Page 15 1.-%_1,-4.1. ,Q, __.\ ' , , niters , CV/ .� ,c, !f` fl" d ' St.? r ' AV 4..\1' . sit , --- w (Dr .•1 .c try111\`,.. F- d v i. Zr- s (/) 1- *7. -4:1 -\.:.4\,-% / o - RU 1 100 :Iissoio 0101, Z Pri J ./ I(eMaion saeW,� p a 4 / �/' /*.x 04' , . / \ Z //N . o �, ei ; CD CD � / i CO o. w c ` 7/( I I F_____7\,,N / e - c, „,-, H 0 • L Q co O \i 1 1 1 1 F The verbatim of the July 8,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on September 1,2020,again due to advertising error. Items# 19. Nicholas Santiago Conditional Use Permit(Short Term Rental) 905 12th Street July 08,2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Madam Chair. The last item on today's Regular Agenda is Agenda Item 19, Nicholas Santiago for a conditional use permit for Short-Term Rental at 905, 12th Street in the Beach District. The applicant is Nicholas Santiago, who will present virtually. Mr. Santiago, you have up to 10 minutes to present the request. Please state your name for the record. Thank you. Mr. Santiago: Good afternoon, this is Nick Santiago. I am proposing to use my home as a Short-Term Rental at 905 12th Street. It is located less than a mile from the beach at the oceanfront. I am currently in the military and required to leave, often for training, mostly up to five weeks or six months and instead of leaving my house empty I am hoping to get some extra income by renting it out as a Short-Term Rental while I am away. I have spoken to all my neighbors, I have talked with all them, most of whom rent around me and everyone seems okay with it. It is a very nice neighborhood and I am just looking to get some extra income when I am away. That is all I have to say. Mr. Horsley: Are you living in your home now. Mr. Santiago: Yes, I am. Ms. Oliver: Robin. Ms. Klein: Who will be managing the renters while you are in training. Mr. Santiago: I have my buddies wife who has been doing this for over two years now, and she will be helping me manage my Airbnb. Mr. Graham: Is she with host.com. Mr. Santiago: No, she is not. 1 Ms. Oliver: Anybody else. Do we have a speaker? Mr. Landfair: Madam Chair, there are no speakers. We would like to ask if there are any speakers present in the lobby, building 19, or in the chamber that would like to speak, anyone. There are no more known speakers. Ms. Oliver: I am going to close this and open it up to the Commissioners for discussion. So, you want to hold on. Mr. Inman : I am just confirming that this is the one that we got information that there are two pending applications across the street from this property. Correct. Mr. Graham: Yes. Ms. Oliver: So, maybe we should put the map up. Mr. Inman: Yes, Madam, please. Ms. Oliver: Yes, Don. Mr. Horsley: I think, this is one of the reasons why we established this, was to allow people like this gentleman who is in the military, who is going to be deployed and he would like to earn some income from the home that he is occupying while he is here. I think that is one of the reasons that we put in Short-Term Rentals. I think I have to support this and I think there is not a reason not to support this. Ms. Oliver: Yes, George. Mr. Alcaraz: So, I just lived down the street and I have not received any calls or emails in opposition. Ms. Oliver: Mike. Mr. Inman: It was pretty obvious that a lot of people in the community support the idea, since we have two pending applications and nobody objecting, so I would support the application for that. Ms. Oliver: Yes. Mr. Weiner: I will make a motion to approve. Ms. Klein: I will second. Ms. Oliver: Right. We have a second from Ms. Klein. Call for the vote please. Ms. Coleman: Sure. This motion is to approve the application. If you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. 2 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. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver: Ms. Oliver: Yes. Ms. Coleman: By recorded vote of nine,for and zero against the Agenda Items 19 is hereby recommended for approval by the Planning Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE 3 Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 905 12th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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' 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. 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. 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 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 I. 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 PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes *********************************** *********************************** 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 pmcgrawAvbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/25/2020 PAGE: 1 B AGENDA 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 O O C Y L NOUWS O T THEEE S S E O O E T I R Y S S ERNDN II/ SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y E. August 18,2020 JOINT SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 18,2020 F. PUBLIC COMMENT 2 SPEAKERS RESOLUTION TO REESTABLISH A RESORT MANAGEMENT OFFICE AND ADDRESS RESORT AREA INITIATIVES ADD Resolution to ADD a member to CVB ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Community Task Force re sports-marketing representative ADD Resolution to RENAME the Virginia Beach ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Emergency Medical Services Headquarters and Training Center as"The Bruce W. Edwards Virginia Beach Emergency Medical Services Headquarters and Training Center" H.1. Ordinances to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT $10,141,570 in CARES Act Funding to a' 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) H.2. Resolution for APPROVAL of Ignite Series MOTION TO 2-9 NNN NNNN YNN Y virtual boot camp in September 2020 APPROVE FAILED (Requested by Council Member Wooten) DENIED H.3. Ordinance to TRANSFER necessary funds ADOPTED 10-1 Y Y Y YYNY Y Y Y Y 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 H.4. Resolution to ADD a member to CVB ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Task Force re sports-marketing CONSENT representative H.S. Resolution to RENAME the Virginia Beach ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Emergency Medical Services Headquarters CONSENT and Training Center as"The Bruce W. Edwards Virginia Beach Emergency Medical Services Headquarters and Training Center" I.1. MCLAREN INVESTMENTS,LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance to Section 4.4(b)of the Subdivision CONDITIONED Regulations re subdivide the parcel into two lots and construct two single-family dwellings at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/25/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ER NDN 1.2. ATRICE LEE RICHARD,JR., APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y TRUSTEE OF THE ATRICE LEE PROFFERED/ RICHARD,JR.REVOCABLE LIVING CONDITIONED 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 1.3. KENNETH R.PRUITT/KINGS'S APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y GRANT BAPTIST CHURCH for a MODIFIED,BY Modification of Conditions re open-air CONSENT market at 873 Little Neck Road DISTRICT 5—LYNNHAVEN(Approved June 16,2015) 1.4. SENIORS UNLIMITED LIFESTYLES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INC./CITY OF VIRGINIA BEACH for CONDITIONED,BY a Conditional Use Permit re housing for CONSENT seniors and disabled persons at 1015& 1020 Finney Circle and 5387&5841 Burton Station Road DISTRICT 4— BAYSIDE 1.5. WOLFE BROS EVENTS for a APPROVED/ S-; Y N Y N Y N Y Y Y Y Y Conditional Use Permit re assembly use at CONDITIONED 1145 Princess Anne Road DISTRICT 7— PRINCESS ANNE 1.6. JACOB SHORT fora Conditional Use DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE 1.7. YOUR NOT ALONE,LLC/DONALD APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y &DEBRA WALKER REVOCABLE CONDITIONED,AS TRUST for a Conditional Use Permit re AMENDED short term rental at 207 79's Street,Unit C DISTRICT 5—LYNNHAVEN I.B. LISA C.EURE/RITA BIANCHI& APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y MICHAEL BURNS for a Conditional Use CONDITIONED Permit re short term rental at 2312 Red Tide Road,Unit A DISTRICT 5— LYNNHAVEN 1.9. ATLANTIC DEVELOPMENT APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y ASSOCIATES,LLC for a Conditional CONDITIONED,BY Use Permit re short term rental at 112A CONSENT 56's Street DISTRICT 5—LYNNHAVEN 1.10. CEBT PROPERTIES,LLC fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 201 641h Street DISTRICT 5— CONSENT LYNNHAVEN I.I 1. LA PAZ,LLC for Conditional Use APPROVED/ 9-1 Y Y Y NY Y Y Y Y A ) Permits re short term rentals at 2565 CONDITIONED Shore Drive: T a. Unit A A b. Unit B DISTRICT 5—LYNNHAVEN E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/25/2020 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE R A L B U E J R T I 0 BC D N OMOOL 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 1.12. OCEAN RENTAL PROPERTIES,LLC DENIED 10-1 Y Y Y Y Y Y Y Y N Y Y for a Conditional Use Permit re short term rental at 2216 Baltic Avenue,Unit B DISTRICT 6—BEACH 1.13. WILLIAM J.WRIGHT,JR.fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term CONDITIONED rental at 909 Pacific Avenue,Unit A DISTRICT 6—BEACH I.14. CARLIN CREATIVE CONCEPTS, APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y LLC for a Conditional Use Permit re short CONDITIONED term rental at 901 Pacific Avenue,Unit B DISTRICT 6—BEACH _ 1.15. NATHAN BOLLING fora Conditional APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Use Permit re short term rental at 423 21" CONDITIONED 'A Street DISTRICT 6—BEACH I.16. DAWN WYATT for a Conditional Use APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Permit re short term rental at 609 CONDITIONED,BY Bayway Road DISTRICT 6—BEACH CONSENT 1.17. NEW JERUSALEM CHURCH fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 101 Bishop Thoroughgood CONSENT Avenue DISTRICT 6—BEACH 1.18. AUSTIN BOYLES&STAR BOYLES APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y for a Conditional Use Permit re short term CONDITIONED,BY rental at 1804 Baltic Avenue,Unit E CONSENT DISTRICT 6—BEACH 1.19. MCLESKEY&ASSOCIATES/FWM APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y RESIDENTIAL RENTAL CONDITIONED,BY PROPERTIES,LLC.for Conditional Use CONSENT Permits re short term rentals at: a. 409 Southside Road b. 441 Southside Road DISTRICT 6—BEACH I.20. MCLESKEY&ASSOCIATES/RUDEE APPROVED/ 10-1 Y • Y Y NY Y Y Y Y Y Y HEIGHTS PROPERTIES,LLC for CONDITIONED,BY Conditional Use Permits re short term CONSENT rentals at 1405 Cypress Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH 1.21. JADE VACATIONS,LLC/JOSEPH APPROVED/ 10-1 Y • Y Y N Y Y Y Y Y Y Y CLARK for a Conditional Use Permit re CONDITIONED,BY short term rental at 329 25th Street CONSENT DISTRICT 6—BEACH I.22. ANDREAS LOIZOU for a Conditional APPROVED/ 10-1 Y • Y Y N Y Y Y Y Y Y Y Use Permit re short term rental at 4005 CONDITIONED,BY Atlantic Avenue,Unit#102 DISTRICT 6— CONSENT BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/25/2020 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMOO 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 CERNDN 1.23. PROLIFIC PROPERTIES,LLC fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 1047 Coastaway Drive CONSENT DISTRICT 6—BEACH 1.24. JOHN KEENAN fora Conditional Use DENIED 10-1 Y Y Y NY Y Y YYNY Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH I.25. LONGCREEK,LLC for Conditional Use APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y Permits re short term rentals at 4005 CONDITIONED Atlantic Avenue: a. Unit 110 b. Unit I11 c. Unit 210 d. Unit 212 DISTRICT 6—BEACH 1.26. KEMPSVILLE VOLUNTEER APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 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 1.27. WESTMINSTER CANTERBURY ON DEFERRED TO 8-0 Y Y Y Y A Y Y Y A A Y CHESAPEAKE BAY fora Modification of SEPTEMBER 22, s s Conditions re home of the aged,disabled 2020 T T T and handicapped for the properties located A A A at 3100 Shore Drive(Approved November t t N N N 14,1977)DISTRICT 5—LYNNHAVEN E E E D D D 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 PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/25/2020 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ERNDN CONVENTION&VISITORS BUREAU Appointed Liaisons: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY TASK FORCE Guy Tower—Beach District Rosemary Wilson— At-Large No Term PROCESS IMPROVEMENT STEERING Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Bill Coley Mike Eason Barry Frankenfield No Term Jessica Abbott— Council Liaison PUBLIC LIBRARY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y } Lisa Varga 4 Year Term 9/1/2020—8/31/2024 K/L/M ADJOURNMENT 12:55 AM