HomeMy WebLinkAboutAUGUST 25, 2020 SPECIAL JOINT SESSION MINUTES ?; j
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 25, 2020
Mayor Dyer called to order the CITY COUNCIL JOINT SPECIAL FORMAL SESSION in the Virginia
Beach Convention Center, Tuesday,August 25, 2020, at 6:00 P.M
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
Planning Commission Members Present:
Steve Barnes,John H. Coston, Walter Graham, Donald Horsley, Michael
Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
INVOCATION: Council Member Wooten
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
2
CALL TO ORDER
ITEM#70673
Mayor Dyer asked that the below letter dated August 20, 2020 be made a part of the record:
August 20, 2020
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me
as Mayor of the City of Virginia Beach,I hereby call for a JOINT SPECIAL FORMAL SESSION
of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING
COMMISSION
Tuesday,August 25,2020
6:00 P.M.
Virginia Beach Convention Center
100019ih Street
The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the
Planning Commission to hear planning items concurrently which is necessary in light of a prior
advertising error. The City Council will hold a Public Comment and consider the Ordinances listed
on the printed agenda, then immediately following, the City Council and the Planning Commission
will proceed with the Public Hearing and consider planning items listed on the printed agenda.
Citizens may comment either in person or virtually. If you would like to speak in person,please
call the City Clerk's office at 757-385-4303 to sign up.
If you wish to make comments virtually on an item,please follow the two-step process provided
below:
•Register for the WebEx at:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e9ecfdfa6ad7 3 l e16f5ef82b95a978f5c
•Register with the City Clerk's Office by calling(757) 385-4303 or via email at
ABarnes(a),vbgov.com prior to 5:00 p.m. on August 25, 2020
This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live,
and will be recorded for rebroadcast on Cable TV Citizens are encouraged to submit their
comments to the City Council prior to the meeting via email at CityCouncilAvbgov.com.
Sincerely,
Robert M. Dyer
Mayor
Cc: Planning Commission Chair and Members
City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
August 25, 2020
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Cit of Vir i in'a. Beach
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ROBERT M.'BOBBY'DYER MUNICIPAL CENTER
MAYOR BUILDING 1,ROOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23458-9000
(757)385-4581
FAX(757)3855699
BDYER8VBGOV.COM
August 20,2020
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21,and by the authority vested in me as Mayor
of the City of Virginia Beach, and with the consent of the Planning Commission Chair,I hereby call for a
JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINL4
BEACH PLANNING COMMISSION
Tuesday,August 25,2020
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 Comment and consider the Ordinances listed on the printed agenda,
then immediately following, the City Council and the Planning Commission will proceed with the Public
Hearing and consider planning items listed on the printed agenda.
Citizens may comment either in person or virtually. If you would like to speak in person,please call the
City Clerk's office at 757-385-4303 to sign up.
If you wish to make comments virtually on an item,please follow the two-step process provided below:
•Register for the WebEx at:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e9ecfdfa6ad731 e1 ff5ef82b95a978f5c
•Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com
prior to 5:00 p.m. on August 25,2020
This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will
be recorded for rebroadcast on Cable TV Citizens are encouraged to submit their comments to the City
Council prior to the meeting via email at CityCouncil@a,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
3
ITEM—I.E
MINUTES
ITEM#70674
Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council APPROVED
the MINUTES of the SPECIAL SESSION of August 18, 2020
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
4
ITEM—I.E
MINUTES
ITEM#70675
Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission
APPROVED the MINUTES of the JOINT SPECIAL SESSION of August 18, 2020
Voting: 6-0
Planning Commission Members Voting Aye:
John H. Coston, Donald Horsley,Michael Inman, Dee Oliver,Jack Wall
and David Weiner
Planning Commission Members Abstaining:
Steve Barnes, Walter Graham, David Redmond
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
5
ITEM—LE
MINUTES
ITEM#70676
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the
MINUTES of the JOINT SPECIAL SESSION of August 18,2020
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
6
MAYOR'S INTRODUCTION AND PROCEDURES OF JOINT MEETING
ITEM#70677
Mayor Dyer welcomed and expressed his appreciation to the members of the Planning Commission for
being with City Council tonight and for the next few meetings. Mayor Dyer asked the City Attorney to
explain why this joint meeting is necessary.
Mark Stiles, City Attorney, read the following statement:
"Thank you,Mr.Mayor. The Planning Commission plays an important role in vetting and
making recommendations regarding planning items that will come before the City Council.
Part of that process is a public hearing. By law that public hearing must be advertised in
the newspaper two times in the weeks leading up to the meeting.
Each advertisement is required to contain a brief description of each item being considered
and then advise the public where they can go to look at the proposed item, ordinance, or
amendment. Unfortunately, when COVID hit us and City offices closed and meetings went
virtual, the sentence in the advertisement telling people where they could see the item,
ordinance or amendment was accidentally omitted.
This omission casts the validity of the public hearings and the recommendations made by
the Planning Commission into question and the only sure way to fix that is for the Planning
Commission to hear those items again and make new recommendations. These joint
meetings allow that to happen in a manner that minimizes the delay in the consideration of
the affected applications. Again, we say thank you to our Planning Commission and we
apologize to the public and to them for the inconvenience that this situation has caused."
Mayor Dyer advised there are several items on the Agenda tonight and called on the City Clerk to outline
the procedures for this joint meeting.
Amanda Barnes, City Clerk, read the following statement:
"The City Council will begin by taking up the non planning related public hearing and the
ordinances and resolutions on the agenda according to its usual process. Some items may
be considered for approval on a consent agenda. Any non-consent ordinances and
resolutions will be heard and decided by the Council after the consent agenda is adopted.
There will be a separate consent agenda vote for planning items.
The Mayor will then open a public hearing on the Planning Items. The Public hearing for
the planning items will be a joint public hearing. Speakers will be addressing both the
Planning Commission and the City Council and members of either body may pose
questions to the speakers. Although the public hearing will be conducted jointly, each
bodies'deliberation will be separate with the Planning Commission going first.
August 25, 2020
7
MAYOR'S INTRODUCTION AND PROCEDURES OF JOINT MEETING
ITEM#70677
(Continued)
At the outset of the public hearing on the planning items, I will identify those items where
there are no speakers or only one speaker registered other than the applicant. For any
item where there is no speaker other than the applicant, that item may be placed on a
consent agenda for both bodies unless a member of either body requests that the item be
pulled for separate consideration. If there is a request for an item to be pulled, that item
will be heard by both bodies.
Where only one speaker has signed up to speak on multiple items, we will call the speaker
forward and allow the speaker to address each of the items. The speaker will have three
minutes per item. These items may also be placed on the consent agendas unless a member
of either body requests that one or more of them be pulled. The applicant will have an
opportunity to speak to their item if there is a request to remove that item from the consent
agenda.
The Planning Commission will then consider its consent agenda, followed by the City
Council. Thereafter the public hearing on the remaining items will take place.
After all speakers have been heard on an item, the Planning Commission will deliberate
and vote on that item.
After the planning Commission adopts its recommendation, the Council will then
deliberate and vote on that item, and the process will repeat until all items have been
heard."
Mayor Dyer verified with the members of City Council and Planning Commission there were no questions
or concerns and advised the body will proceed to the Public Comment.
August 25, 2020
8
ITEM—LF
PUBLIC COMMENT
ITEM#70678
Mayor Dyer DECLARED a PUBLIC COMMENT:
RESOLUTION TO REESTABLISH A RESORT MANAGEMENT OFFICE AND
ADDRESS RESORT AREA INITIATIVES
The following registered to speak:
BJBaumann, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
August 25, 2020
9
ADD ON
RESOLUTION
ITEM#70679
Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council ADDED
Resolution to ADD a member to the CVB Community Task Force re sports-marketing representative
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
10
ADD ON
RESOLUTION
ITEM#70680
Upon motion by Vice Mayor Wood,seconded by Council Member Wilson, City Council ADDED Resolution
to RENAME the Virginia Beach Emergency Medical Services Headquarters and Training Center as, "The
Bruce W.Edwards Virginia Beach Emergency Medical Services Headquarters and Training Center"
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
11
ITEM—I.G
FORMAL SESSION AGENDA
CITY COUNCIL—ORDINANCES/RESOLUTIONS
ITEM#70681
Mayor Dyer advised for items where only one (1)speaker is registered, the City Clerk will call the
speaker and they will be given three(3)minutes on each legislative item they registered to speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:H: 1 a/b
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY
CONSENT,Agenda Items Ordinances/Resolutions H: l a/b, 4(ADD ON) and 5(ADD ON)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
12
ITEM—I.H.la
ORDINANCES/RESOLUTIONS
ITEM#70682
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $10,141,570 in CARES Act Funding to FY2020-21 Virginia Beach City Public
Schools (VBCPS) Operating Budget re support remote and extended
learning, and continuity of operations and services
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $10,141,570 IN FEDERAL FUNDING TO THE FY 2020-21
3 OPERATING BUDGET OF THE VIRGINIA BEACH CITY
4 PUBLIC SCHOOLS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $10,141,570 from the Coronavirus Aid, Relief, and Economic Security (CARES)
10 Act is hereby accepted and appropriated, with federal revenues increased accordingly, to
11 the Categorical Grants Fund of the Virginia Beach City Public Schools FY 2020-21
12 Operating Budget for various measures required to educate children during the COVID-
13 19 Pandemic.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2 5_r.h_ day
of August , 2020.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
itit
B t and Management Services City 's Office
CA15145
R1
August 13, 2020
13
ITEM—I.H.lb
ORDINANCES/RESOLUTIONS
ITEM#70683
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
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)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
1 AN ORDINANCE TO TRANSFER FUNDS WITHIN
2 THE FY 2020-21 OPERATING BUDGET TO
3 PROVIDE ONE-TIME PAYMENTS TO CERTAIN
4 CITY EMPLOYEES
5
6 WHEREAS, the City Council, on August 18th, authorized hazard pay for certain
7 employees where the eligibility for such hazard pay was provided by the CARES Act;
8
9 WHEREAS, certain employees were not eligible for hazard pay but were classified
10 as "Emergency Responders" for purposes of the Families First Coronavirus Response
11 Act (FFCRA);
12
13 WHEREAS, other employees have worked to ensure the continuity of day-to-day
14 operations through the COVID-19 pandemic;
15
16 WHEREAS, in recognition of the labor and effort of these City employees, a one-
17 time payment of$1,500 to"Emergency Responders" making less than $100,000 per year
18 and not otherwise eligible for hazard pay and one-time payment of$250 to other full-time
19 employees making less than $100,000 per year and not otherwise eligible for hazard pay
20 or the one-time payments for Emergency Responders has been recommended;
21
22 WHEREAS, to effectively implement these initiatives as intended by City Council,
23 the City Manager will need discretion to review individual cases on a as needed basis to
24 make final determination of eligibility; and
25
26 WHEREAS, a demonstrative list of the funds and departments is attached hereto
27 as Exhibit A and Exhibit B.
28
29 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA, THAT:
31
32 1. A one-time payment in the amount of $1,500 is hereby authorized for full-time
33 employees classified as "Emergency Responders"for purposes of the FFCRA,
34 making less than $100,000 per year, employed during the months of March
35 through June 2020, currently employed by the City, and not previously provided
36 hazard pay.
37
38 2. A one-time payment in the amount of $250 is hereby authorized for full-time
39 employees making less than $100,000 per year, employed during the months
40 of March through June 2020, currently employed by the City, and not otherwise
41 eligible for hazard pay or the one-time payment authorized in Section 1, supra.
42
43 3. A transfer of vacancy savings is authorized to provide the one-time payments
44 provided herein and consistent with the list of funds and departments set forth
45 in Exhibit A and Exhibit B. The City Manager is authorized to transfer vacancy
46 savings between departments if needed to provide the payments authorized by
47 the ordinance.
48
49 4. Because some of the positions included in the list of hazard pay authorized by
50 the City Council on August 18, 2020 may not be eligible for CARES Act
51 reimbursement and other positions not included on such list are eligible for
52 hazard pay, the City Council authorizes the City Manager or his designee to
53 review individual positions, as necessary, to determine hazard pay eligibility
54 and eligibility of the payments authorized herein. The preference in such
55 determination shall be:(i)hazard pay, if eligible,first; (ii)Emergency Responder
56 one-time payment, if eligible, second; and (iii) $250 one-time payment.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2 5 t h
day of Aug.l.LB t _- , 2020.
APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY
----
Budget and Management Services City Att rney's Office
CA15144
R-3
August 20, 2020
Exhibit A
One Time Pay Amount Fringe Total
City Garage ISF $ 93,500 $ 7,153 $ 100,653
Parks and Rec SRF $ 56,250 $ 4,303 $ 60,553
Sandbridge SSD $ 1,750 $ 134 $ 1,884
Stormwater $ 109,250 $ 8,358 $ 117,608
Waste Management $ 186,250 $ 14,248 $ 200,498
Water&Sewer $ 375,250 $ 28,707 $ 403,957
Telecommunications ISF $ 1,500 $ 115 $ 1,615
Law Library $ 500 $ 38 $ 538
Federal Section 8* $ 4,500 $ 344 $ 4,844
Community Development SRF* $ 4,250 $ 325 $ 4,575
School Landscaping $ 14,500 $ 1,109 $ 15,609__
Agricultural Reserve $ 250 $ 19 $ 269
Grants Consolidated* $ 8,250 $ 631 $ 8,881
Parking Enterprise $ 1,500 $ 115 $ 1,615
Risk Management $ 1,250 $ 96 $ 1,346
Sheriff $ 15,250 $ 1,167 $ 16,417
Tourism Advertising $ 4,000 $ 306 $ 4,306
Tourism Investment $ 13,000 $ 995 $ 13,995
General Fund $ 1,328,000 $ 101,592 $ 1,429,592
Total $ 2,219,000 $ 169,754 $ 2,388,754
*Denotes Grant Fund.These amounts will be transferred from the General Fund if needed.
Exhibit B
umber of ,
Qualified One Time FICA/
Department I -I i,- •* Positions Pay Amount Pay Total Medicare Total
Agriculture 7 $ 250 $ 1,750 $ 134 $ 1,884
Budget 8 $ 250 $ 2,000 $ 153 $ 2,153
Circuit Court Judges 8 $ 250 $ 2,000 $ 153 $ 2,153
City Attorney 27 $ 250 $ 6,750 $ 516 $ 7,266
City Auditor 5 $ 250 $ 1,250 $ 96 $ 1,346
City Clerk 5 $ 250 $ 1,250 $ 96 $ 1,346
City Manager 12 $ 250 $ 3,000 $ 230 $ 3,230
City Real Estate Assessor 32 $ 250 $ 8,000 $ 612 $ 8,612
City Treasurer 65 $ _ 250 $ 16,250 $ 1,243 $ 17,493
Clerk of the Circuit Court 53 $ 250�$ 13,250 $ 1,014� $ 14,264
Commissioner of the Revenue 55 $ 250 $ 13,750 $ 1,052 $ 14,802
Commonwealth's Attorney 73 $ 250 $ 18,250 $ 1,396 $ 19,646
Communications 16 $ 250 $ 4,000 $ 306 $ 4,306
CVB 96 $ 250 $ 24,000 $ 1,836 $ 25,836
Cultural Affairs 7 $ 250 $ 1,750 $ 134 $ 1,884
rEconomic Development 13 $ 250 $ 3,250 $ 249 $ 3,499
ECCS- ER 73 $ 1,500 $ 109,500- $ 8,377 $ 117,877
ECCS 28 $ 250-$ 7,000 $ 536 $� 7,536
Emergency Management-ER 6 $ 1,500 $ 9,000 $ 689 $ 9,689
Emergency Medical Services 15 $ 250 $ 3,750 $ 287 $ 4,037
Finance 48 $ 250 $ 12,000 $ 918 $ 12,918
Fire 23 $ 250 $ 5,750 $ 440 $ 6,190
Health 1 $ 250 $ 250 $ 19 $ 269
Housing 76 $ 250 $ 19,000 $ 1,454 $ 20,454
Human Resources 41 $ 250 $ 10,250 $ 784 $ 11,034
Human Services- ER 234 $ 1,500 $ 351,000 $ 26,852 $ 377,852
Human Services 142 $ 250 $ 35,500 $ 2,716 $ 38,216
Information Technology- ER 35 $ 1,500 $ 52,500 $ 4,016 $ 56,516
Information Technology 101 $ 250 $ 25,250 $ 1,932 $ 27,182
Juvenile Probation 2 $ 250 $ 500 $ 38 $ 538
Library 190 $ 250 $ 47,500 $ 3,634 $ 51,134
Parks and Recreation - 372 $ 250 $ 93,000 $ 7,115 $ 100,115
Parks and Recreation-ER 8 $ _ 1,500 $ 12,000 $ 918 $ 12,918
Planning 119 $ _ 250 $ 29,750 $ 2,276 $ 32,026
Police 178 $ 250 $ 44,500 $ 3,404 $ 47,904
Public Utilities-ER 234 $ 1,500 $ 351,000 $ 26,852 $ 377,852
Public Utilities 97 $ 250 $ 24,250 $ 1,855 $ 26,105
Public Works-ER 494 $ 1,500 $ 741,000 $ 56,687 $ 797,687
Public Works 293 $ _ 250 $ 73,250 $ 5,604 $ 78,854
Sheriff 61 $ 250 $ `15,250 $ 1,167 $ 16,417
STiR 4 $ 250 $ 1,000 $ 77 $ 1,077
Aquarium 88 $ 250 $ 22,000 $ 1,683 $ 23,683
Voter Registrar 11 $ 250 $ 2,750 $ 210 $ 2,960
Total 3,456 $ 2,219,000 $ 169,754 $ 2,388,754
*ER denotes positions determined to be emergency responders during the COVID-19 pandemic.
14
ITEM—I.H.2
ORDINANCES/RESOLUTIONS
ITEM#70684
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Eric Wray, 4930 April Avenue, Phone: 235-0441, spoke in OPPOSITION
A motion was made by Council Member Wooten, seconded by Council Member Tower, to APPROVE the
Resolution for APPROVAL of Ignite Series virtual boot camp in September 2020 (Requested by Council
Member Wooten)
Voting: 2-9(MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Guy K. Tower
Sabrina D. Wooten
Council Members Voting Nay.•
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse,
Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
August 25, 2020
15
ITEM—I.H.3
ORDINANCES/RESOLUTIONS
ITEM#70685
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Alfred McClenny, 936 Aragona Boulevard, Phone: 749-3714, spoke in SUPPORT
Dante Strabino, 834 Benjamin Place, Phone: 949-539-2451, spoke in SUPPORT
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED
Ordinance to TRANSFER necessary funds from salary and vacancy savings within the FY2020-21
Operating Budget re one-time payments of$1,500 to Emergency Responders and$250 to eligible full-
time employees
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
*Council Member Moss asked that the attached letter dated August 25, 2020, be made a part of the
record
August 25, 2020
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VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM
Dear Colleagues and Beach residents,
This letter, the contents which I have posted on Facebook earlier, states for the Council
record the reasoning for my "nay" vote on City Council's August 25, 2020 Formal Agenda
Session item H.3. I will request that I be permitted to submit this letter as part of the
record in lieu of being read in total under discussion prior to the vote involving item H.3.
I will be happy to read the letter in its entirety into the record, if that is Council's
pleasure.
Some Socio-Economic Stats during COVID that have informed my position on the City
Manager's recommendation to spend —$2.4 million of budget savings on employee
bonuses (more than a third of a cent of the real estate tax rate). Interesting enough the
published public agenda item does not even state the amount of money being
transferred. You have to go to the actual agenda details to learn the amount. I think
—$2.4 million is a sum worth mentioning upfront to the public. I believe Council missed
the mark in meeting our standard of transparency on this agenda item. Council needs
to provide direction to preclude its reoccurrence in the future.
Number of Households on Food Stamps:
Feb 2020: 11,724
July 2020: 14,340
An increase of 2,616 or 22.3% or average of 4 percent per month
Participating Individuals Medicaid and FAMIS/CHIP
April 1, 2020: 65,130
Aug 1, 2020 70,264
An increase of 5,134 or 7.9% or average of2 percent per month
Medicaid Expansion
April 1, 2020: 17,969
Aug 1, 2020 20,451
An increase of 2,482 or 13.8% or average of 3.5 percent per month
1
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Virginia Beach residents Unemployed per the Virginia Employment Commission
Week of Initial Claims and Continued Claims —
Week Initial Claims Continued Claims
July 4 1 ,665 19,728
July 11 1,746 19,300
July 18 2,280 18,300
July 25 2,959 17,960
Aug 1 1,409 17,161
Aug 8 617 12,821
Aug 15 591 13,215
NOTE: I have to do more direct research to get the numbers further back to post.
COVID Evictions Filed and Found for the Plaintiff (landlord)
2016: 3,569
2017: 4,267
2018: 7,194
2019: 4,873
2020: 1,650 (impacted by the moratorium that runs thru September 7, 2020)
The above stats do not address households experiencing reduced hours. One conclusion
one can draw is that the above taxpayers are among the universe of taxpayers that are
the most essential folks in our community, as they enable the financing of government.
At the moment they are among our fellow residents most in need of financial
assistance.
If the City has additional available funds from the current reduced budget compared to
last year, those funds should be directed to our fellow citizens most in need. City Council
needs to direct those resources to these households. Who is more at risk during the
COVID crisis than the unemployed or those on low-income? Hardly anyone.
The stats above clearly demonstrate that folks with high job security, generous health
benefits, defined benefit pensions, and generous leave are not among those in most
need for disbursement of locally generated discretionary tax dollars available under
current circumstances.
As to volunteers that the City cannot directly provide paid compensation, I am highly
supported of a reasonable expenditure to provide the appropriate form in the
appropriate forum recognition of their service, for example, members of the City's
various volunteer rescue squads.
2
I respect that other people can look at the stats above and draw a different conclusion
on how the City Council could best allocate and expend 'r$2.4 million of discretionary
taxpayer provided City funds. I find it objectionable to take monies that City Council
confiscates from taxpayers that is now judged discretionary, is now not being proposed
to be used to directly help those taxpayers most in need.
There are folks working in the private sector doing an "essential job" in what one would
consider COVID risk environments and not receiving hazard pay. They are paying the
very local taxes that the City Manager is proposing be paid to folks, for example in Parks
and Recreation, whose exposure remains subordinate to those such as police, fire and
rescue. I suggest their risk, employees outlined in the City Manager's 18 and 21 August
2020 correspondence to City Council, is no greater than that of a grocery store clerk and
their fellow retail professionals.
Per reports generated by the Virginia Employment Commission for the quarter ending
31 December and posted in the City of Virginia Beach draft Security and Exchange
Commission Bond Prospectus filing for November 2020, on page A-19 the average
weekly wage for the 27,000 workers in Virginia Beach in the "Wholesale and Retail
Trade" industry group was $673 a week that is $34,996 a year, if you were in a paid
status for each week for 52 weeks. The next highest employment industry group in
Virginia Beach is "Services" at 88,453 workers with an average weekly wage of $852 a
week. These two groups constitute 115,453 of the total private sector employment of
150,335 or 76.8 percent. The foregoing is yet another contextual lens through which
the City Manager's recommendation should be assessed.
Putting the previous paragraph in additional context, a laid-off private sector Beach
worker making the average weekly wage of$673 and that worked every week the prior
two quarters would receive a weekly unemployment benefit of $177 a week (26 percent
of their working weekly wage). A laid-off private sector Beach worker making the
average weekly wage of$852 and that worked every week the prior two quarters would
receive a weekly unemployment benefit of$222 a week (26 percent of their working
weekly wage). I believe most of us would conclude that providing 13,215 Beach
households with an unemployed member are in greater need of receiving the
distribution of an additional $2.4 million in financial assistance no matter the form it
takes. You only have to be aware of the demand on food banks, churches, etc. to
appreciate the depth of the financial stress the COVID pandemic has imposed.
Federal Funds were used to pay hazard pay to first-responders per the CARES Act. To
expand the scope using local taxpayers' generated funding raises a different set of
considerations. I have heard the voices claiming the fairness standard requires almost all
City employees to receive a one-time hazardous duty bonus. Those voices are devoid of
3
any consideration of what is fair to the larger set of taxpayers, and where is the need
greatest for the investment of "$2.4 million of now identified discretionary money.
There is no doubt City employees are doing a valuable service. Doing valuable service
under stressing times in a new threat environment, is no different from that being
experienced by private sector employees across the City and Beach taxpayers. Many
private employers could not afford to pay their employees if they were not working and
many private sector jobs, especially those at the lowest wages, cannot be performed
from the worker's home. People employed in the private sector are most expose to and
incur the greatest economic adverse impact from the COVID pandemic.
When you add the fact that all employees making less than $100,000 are eligible,
further draws into question the appropriateness of the City Manager's
recommendation. If you doubt the former comparison, the median family income of
Virginia Beach households is just under $78,000. Over fifty percent of Beach household
(just over 84,000 households) most of which are two-income earning adults (incomes
under the median) are going to have their taxes used to pay a bonus to workers who
make greater than $78,000 but less than $100,000. Given the financial stress of
households today, you decide where the consideration of Beach taxpayers factored into
the proposal to spend "$2.4 million of discretionary tax dollars.
In my judgment, there are just no compelling reasons based on the totality of facts and
circumstances to vote favorably on the City Manager's recommendation to transfer
$2,388,754 million of taxpayer available savings in this year's budget to give 3,456
employees (over and above the approximate 1,700 police, fire, and EMS personnel that
received CARES Act funded one-time hazard duty pay) a hazard pay bonus (1,084
employees = $1,500 each and the balance 2,372 employees = $250 each).
I applaud the intent of the City Manager and my City Council peers, but when so many
businesses and residents are financially suffering and struggling to stay afloat, acting
favorably on the City Manager's recommendation sends the wrong message. If we could
give every household in Virginia Beach $1,500 then we would be talking true fairness.
I further appreciate there is an election coming up and employees and their families
represent a sizeable voting-block. The larger public and I want to believe that a majority
of City employees as well, want their elected leaders to be true to their fiduciary duties.
Each council member, subject to the voters' renewed consent on Election Day, makes
their own determination on how to best exercise their respective fiduciary duties.
My conclusion is that the City Manager's recommendation, which I believe is responsive
to a significant number, if not a majority of my peers, is not a recommendation for
4
which I can cast my vote in support. It is not my place to pass judgment on the votes of
my peers. It is you the voters, based on your assessment of the facts and their context,
who will draw your own conclusions on how and why each member of City Council casts
their respective vote.
My duty is to provide you my best informed and reasoned judgment; my duty is done.
Sincerely,
141A I
lbhn D. oss
Cc:
City Clerk
Virginia Beach Chamber of Commerce
Council of Civic Leagues
My Facebook page
5
16
ADD ON
RESOLUTION
ITEM#70686
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED,BY
CONSENT,Resolution to ADD a member to the CVB Community Task Force re sports-marketing
representative
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
REQUESTED BY CITY COUNCIL
1 A RESOLUTION ADDING AN ADDITIONAL MEMBER
2 TO THE CVB COMMUNITY TASK FORCE
3
4 WHEREAS, at the City Council's retreat in February 2020, the City's consultant,
5 Bill Hanbury with Academy Street Collaboration, presented initial findings of his analysis
6 and recommendations for management of the Convention & Visitors Bureau ("CVB");
7
8 WHEREAS, the consultant recommended the establishment of a Community Task
9 Force to evaluate transitioning the CVB to a new organizational structure with three
10 distinct alternatives:
11
12 1. Remain within the City government;
13 2. Hybrid public-private foundation or authority; or
14 3. Public-private nonprofit; and
15
16 WHEREAS, the City Council on July 7, 2020, adopted a resolution establishing
17 the CVB Community Task Force, and that resolution provided that the task force shall
18 consist of the following 15 members:
19
20 • Two City Council members;
21 • A Resort Advisory Commission representative;
22 • Two Virginia Beach Hotel Association representatives;
23 • A Restaurant Association representative;
24 • A Central Business District Association representative;
25 • Two persons with sports marketing experience;
26 • Three business representatives from other industry sectors; and
27 • Three citizens from across the City;
28
29 WHEREAS, on August 18, 2020, the City Council adopted a resolution adding a
30 fourth citizen member to the task force; and
31
32 WHEREAS, the City Council believes that the addition of another member with
33 sports marketing expertise would be beneficial;
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 That a third person with sports marketing experience is hereby added to the CVB
39 Community Task Force.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 5 t 11 day of
August , 2020.
APPROVED AS TO LEGAL
SUFFICIENCY:
, ;e6ecs4 sic .
City Attorney's Offic
CA15153
R-1
August 24, 2020
17
ADD ON
RESOLUTION
ITEM#70687
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Resolution to RENAME the Virginia Beach Emergency Medical Services Headquarters and
Training Center as, "The Bruce W.Edwards Virginia Beach Emergency Medical Services Headquarters
and Training Center"
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
REQUESTED BY CITY COUNCIL
1 A RESOLUTION RENAMING THE VIRGINIA BEACH
2 EMERGENCY MEDICAL SERVICES
3 HEADQUARTERS AND TRAINING CENTER AS
4 "THE BRUCE W. EDWARDS VIRGINIA BEACH
5 EMERGENCY MEDICAL SERVICES
6 HEADQUARTERS AND TRAINING CENTER"
7
8 WHEREAS, Bruce W. Edwards served as Chief of the Department of Emergency
9 Medical Services for the City of Virginia Beach for 32 years;
10
11 WHEREAS, he was the longest serving member in the history of Virginia Beach
12 Emergency Medical Services, and he was the longest-tenured CPR instructor, paramedic
13 and administrator in the state;
14
15 WHEREAS, former Chief Edwards's 42-year career in emergency medical
16 services in Virginia Beach began in 1967 when he joined the Ocean Park Volunteer Fire
17 and Rescue Unit, where he rose to the rank of Assistant Fire and Rescue Chief;
18
19 WHEREAS, in 1973, he became Executive Director of the Emergency Coronary
20 Care Program of Virginia Beach, Inc., a federally funded program that produced the first
21 advanced life support technicians in the Commonwealth of Virginia;
22
23 WHEREAS, as coordinator of the Office of Emergency Medical Services for the
24 City from 1975 to 1984, he was responsible for pre-hospital emergency patient care and
25 training programs, and in 1984, he was promoted to Chief of the Department of
26 Emergency Medical Services;
27
28 WHEREAS, Chief Edwards led an EMS Department with more than 1,500 career
29 and volunteer rescue and fire personnel, and in addition to supervising all EMS operations
30 in the City, he regulated private ambulance services and Oceanfront lifeguard operations;
31
32 WHEREAS, the demand for EMS services grew from around 8000 annual calls for
33 assistance when Chief Edwards assumed leadership of the department to approximately
34 44,000 annual calls upon his retirement in 2016;
35
36 WHEREAS, in addition to serving our City, Chief Edwards served his state with
37 distinction, receiving gubernatorial appointments to the State Emergency Medical
38 Services Advisory Board in 2006 and to the Virginia Board of Health in 2009, for which
39 he was selected as Chair in 2011;
40
41 WHEREAS, he earned bachelor's and master's degrees from Old Dominion
42 University, he served his nation as a member of the United States Navy Reserve;
43
44 WHEREAS, his numerous accolades include the Governor's Award as the
45 Outstanding EMS Administrator in the Commonwealth in 1996 and the 2012 Virginia
46 Beach Rescue Squad Foundation Virginia Gilpin Distinguished Service Award;
47
48 WHEREAS, in 2016, upon his retirement, the House of Delegates adopted a
49 resolution commending his service to our City and the Commonwealth, and the City
50 bestowed upon him the title of "Chief Emeritus," in which capacity he continued to serve
51 the City as a volunteer mentor and advisor to the department; and
52
53 WHEREAS, the City Council wishes to express its deep appreciation for former
54 Chief Edward's decades of exemplary public service to our City by renaming the City's
55 EMS headquarters and training center in his memory;
56
57 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
58 VIRGINIA BEACH, VIRGINIA:
59
60 1. That the Virginia Beach Emergency Medical Services Headquarters and
61 Training Center, located at 4160 Virginia Beach Boulevard, is hereby renamed as "The
62 Bruce W. Edwards Virginia Beach Emergency Medical Services Headquarters and
63 Training Center"; and
64
65 2. That the City Manager is hereby directed to take all steps necessary to revise
66 all signage for the facility and all other references to the facility to include this new name.
67
68 Adopted by the City Council of the City of Virginia Beach, Virginia, this 2 5 t h day
69 of August , 2020.
APPROVED AS TO LEGAL
SUFFICIENCY:
/ :43/eA:YA
City Attorney's Office
CA15154
R-1
August 24, 2020
18
ITEM—I.G
FORMAL SESSION AGENDA
PLANNING COMMISSION—PLANNING ITEMS
ITEM#70688
Mayor Dyer advised for items where only one(1)speaker is registered, the City Clerk will call the
speaker and they will be given three(3) minutes on each Planning Item they registered to speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:I: 1, 2, 9, 10, 16, 17, 18, 19a/b, 20a/b,
21, 22 and 23
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED,BY CONSENT,Planning Items I:3, 4, 9, 10, 16, 17, 18, 19a/b,20a/b, 21,22 and 23
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
19
ITEM—LG
FORMAL SESSION AGENDA
CITY COUNCIL—PLANNING ITEMS
ITEM#70689
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY
CONSENT,Planning Items I:3, 4, 9, 10, 16, 17, 18, 19a/b, 20a/b,21,22 and 23
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
*Council Member Henley noted her nay vote on items 9, 10, 16, 17, 18, 19a/b, 20a/b,21, 22 and 23
August 25, 2020
20
ITEM—I.I.1
PLANNING
PLANNING COMMISSION
ITEM#70690
The following registered to speak:
John McClaren,Applicant, spoke in SUPPORT
Dora Fountain, 1151 Flobert Drive, Phone: 495-0218, did not respond
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission
APPROVED,AS CONDITIONED,MCLAREN INVESTMENTS,LLC for a Variance to Section 4.4(b)
of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family
dwelling at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE
Recommended Conditions:
1. When the property is subdivided, it shall be substantially in accordance with the submitted
subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF MCLAREN
INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land
Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning and Community Development. A final plat shall be
recorded with the Clerk of Court reflective of the layout referenced herein.
2. When the property is developed, the residential dwellings constructed shall have
architectural features, and appearance of like quality and character of the home depicted
on page 6 of the Staff report entitled "ARCHITECTURAL EXHIBIT", which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development. Said exterior building facade
materials shall consist of a minimum of 90 percent bricks that are compatible with the
surrounding development.
3. When the property is developed, the residential dwellings constructed shall vary in size
and shape.
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee
Oliver, David Redmond,Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz
Steve Barnes—stepped out during vote
Robyn Klein
August 25, 2020
21
ITEM—I.I.1
PLANNING
CITY COUNCIL
ITEM#70690
Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of the
Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwelling at
1129 Flobert Drive DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of
the Subdivision Regulations re subdivide the parcel into two lots and
construct two single-family dwelling at 1129 Flobert Drive (GPIN
1476106913)DISTRICT—KEMPSVILLE
The following conditions shall be required:
1. When the property is subdivided, it shall be substantially in accordance with the submitted
subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF MCLAREN
INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land
Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning and Community Development. A final plat shall be
recorded with the Clerk of Court reflective of the layout referenced herein.
2. When the property is developed, the residential dwellings constructed shall have
architectural features, and appearance of like quality and character of the home depicted
on page 6 of the Staff report entitled "ARCHITECTURAL EXHIBIT", which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development. Said exterior building façade
materials shall consist of a minimum of 90 percent bricks that are compatible with the
surrounding development.
3. When the property is developed, the residential dwellings constructed shall vary in size
and shape.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
August 25, 2020
22
ITEM—I.I.1
PLANNING
CITY COUNCIL
ITEM#70690
(Continued)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
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Property_Polygons 1129 Flobert Drive
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23
ITEM—LL2
PLANNING
PLANNING COMMISSION
ITEM#70691
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Commissioner Redmond, seconded by Commissioner Horsley, Planning Commission
APPROVED, AS PROFFERED, AS CONDITIONED, Application of ATRICE LEE RICHARD, JR.,
TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional
Change of Zoning from AG-1 Agricultural District to Conditional 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 minimize
lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE
Recommended Conditions:
An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court.
1. The property shall be subdivided as shown on the submitted plat exhibit entitled
"Subdivision of 23.840 Acre Parcel Property of Atrice L. Richard", dated January
29, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning and Community Development.
2. Only one point of vehicular ingress/egress shall be permitted along Holland Road
for the two (2) parcels. The shared access may be established on either parcel;
however, if relocated from Lot B, the existing access on Lot B shall be eliminated.
3. During site plan review, an ingress/egress easement shall be established to provide
access to Holland Road as described above and a one (1)foot no ingress/egress
easement shall be required along the entire length of Holland Road frontage other
than a 60 foot width on Lot A across from the existing median break for a future
access point, the width of the driveway for vehicular access for Lot B, and as
permitted in Condition Four(4) below.
4. The access point that straddles the eastern property line for Lot B is for use only to
maintain the drainage facilities located in the drainage easement that runs north
along the property line. Lot B has no rights to use this access point.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
24
ITEM—I.I.2
PLANNING
CITY COUNCIL
ITEM#70691
Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council
APPROVED, AS PROFFERED, AS CONDITIONED, Application of ATRICE LEE RICHARD, JR.,
TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional
Change of Zoningfrom AG-1 Agricultural District to Conditional I-1 Light Industrial District re subdivide
into two lots and rezone LotA and a Variance to Section 4.4(b)of the Subdivision Regulations re minimize
lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ATRICE LEE RICHARD, JR., TRUSTEE OF THE ATRICE LEE
RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional
Change of Zoning from AG-1 Agricultural District to Conditional 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 minimize
lot area and lot width for Lot B at 2968 Holland Road (GPIN
1495334774)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court.
1. The property shall be subdivided as shown on the submitted plat exhibit entitled
"Subdivision of 23.840 Acre Parcel Property of Atrice L. Richard", dated January
29, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning and Community Development.
2. Only one point of vehicular ingress/egress shall be permitted along Holland Road
for the two (2) parcels. The shared access may be established on either parcel;
however, if relocated from Lot B, the existing access on Lot B shall be eliminated.
3. During site plan review, an ingress/egress easement shall be established to provide
access to Holland Road as described above and a one (1)foot no ingress/egress
easement shall be required along the entire length of Holland Road frontage other
than a 60 foot width on Lot A across from the existing median break for a future
access point, the width of the driveway for vehicular access for Lot B, and as
permitted in Condition Four(4) below.
4. The access point that straddles the eastern property line for Lot B is for use only to
maintain the drainage facilities located in the drainage easement that runs north
along the property line. Lot B has no rights to use this access point.
August 25, 2020
25
ITEM—I.I.2
PLANNING
CITY COUNCIL
ITEM#70691
(Conditioned)
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day ofAugust Two Thousand
Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
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26
ITEM—I.I.3
PLANNING
PLANNING COMMISSION
ITEM#70692
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of KENNETH R. PRUITT/KING'S
GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road
DISTRICT 5—LYNNHAVEN(Approved June 16, 2015)
Recommended Conditions:
1. All conditions of the Conditional Use Permit for an Open-Air Market dated June 16,
2015 are null and void and are replaced with the following.
2. Activities related to the Open-Air Market shall be located within the areas designated
on the site layout entitled "King's Grant Baptist Church Community Market,"dated
July 1, 2020, which has been exhibited to the Virginia Beach City Council and is on
file in the Department ofPlanning& Community Development.
3. Products sold at the market shall be limited to local agricultural, seafood and related
food products, as well as homemade and handmade items.
4. Between the months of April and October, the Open-Air Market shall only operate on
Thursdays with operating hours limited to between 4:00 p.m. to 7:00 p.m.
5. Between the months of November and March, the Open-Air Market shall only operate
no more than once a week with the operating hours limited to between 9:00 a.m. to
5:00 p.m.
6. The market shall only operate when church services are not being held.
7. One(1)sign, no greater than 32 square feet, with a maximum height of 12 feet, and set
back at least seven (7)feet from the property line, may be installed on the lot no more
than two (2) days prior to the day of the market. Said sign shall be removed after the
market closes for the day.
8. The applicant shall ensure that all applicable Health Department requirements are
met.
9. Amplified live and pre-recorded music shall only be permitted during the time that the
market is in operation as conditioned above.
10. As provided for by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no
less than one(1) trash receptacle per one thousand(1,000)feet of sales area.
11. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation,
the market shall not disturb the tranquility of the surrounding residential area or
otherwise interfere with the reasonable use and enjoyment of neighboring property by
reason of excessive noise, traffic, or overflow parking.
August 25, 2020
27
ITEM—I.I.3
PLANNING
PLANNING COMMISSION
ITEM#70692
(Continued)
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
28
ITEM—I.I.3
PLANNING
CITY COUNCIL
ITEM#70692
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of KENNETH R. PRUITT/KING'S GRANT BAPTIST
CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road DISTRICT 5 —
LYNNHAVEN(Approved June 16, 2015)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
KENNETH R. PRUITT/KING'S GRANT BAPTIST CHURCH for a
Modification of Conditions re open-air market at 873 Little Neck Road
(GPINs 1488828793 & 1488828629)DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. All conditions of the Conditional Use Permit for an Open-Air Market dated June 16,
2015 are null and void and are replaced with the following.
2. Activities related to the Open-Air Market shall be located within the areas designated
on the site layout entitled "King's Grant Baptist Church Community Market,"dated
July 1, 2020, which has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning& Community Development.
3. Products sold at the market shall be limited to local agricultural, seafood and related
food products, as well as homemade and handmade items.
4. Between the months of April and October, the Open-Air Market shall only operate on
Thursdays with operating hours limited to between 4:00 p.m. to 7:00 p.m.
5. Between the months of November and March, the Open-Air Market shall only operate
no more than once a week with the operating hours limited to between 9:00 a.m. to
5:00 p.m.
6. The market shall only operate when church services are not being held.
7. One(1)sign, no greater than 32 square feet, with a maximum height of 12 feet, and set
back at least seven (7)feet from the property line, may be installed on the lot no more
than two (2) days prior to the day of the market. Said sign shall be removed after the
market closes for the day.
8. The applicant shall ensure that all applicable Health Department requirements are
met.
9. Amplified live and pre-recorded music shall only be permitted during the time that the
market is in operation as conditioned above.
August 25, 2020
29
ITEM—I.I.3
PLANNING
CITY COUNCIL
ITEM#70692
(Continued)
10. As provided for by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no
less than one(1) trash receptacle per one thousand(1,000)feet of sales area.
11. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation,
the market shall not disturb the tranquility of the surrounding residential area or
otherwise interfere with the reasonable use and enjoyment of neighboring property by
reason of excessive noise, traffic, or overflow parking.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
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30
ITEM—I.I.4
PLANNING
PLANNING COMMISSION
ITEM#70693
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of SENIORS UNLIMITED
LIFESTYLES,INC./CITY OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors
and disabled at 1012& 1020 Finney Circle and 5837&5841 Burton Station Road DISTRICT 4—BAYSIDE
Recommended Conditions:
1. With the exception of any modifications required by any of these conditions or as a result
of detailed site plan review, the site shall be developed in substantial conformance with
the submitted site layout plan entitled "Tranquility II, Virginia Beach, VA"prepared by
Arnold Design Studio, dated June 12, 2020, which has been exhibited to the Virginia
Beach City Council and is on file with the Planning Department.
2. The proposed building shall be constructed in substantial accordance with the submitted
))-enderings entitled "Tranquility II Renderings,"prepared by Arnold Design Studio, dated
June 16, 2020, which have been exhibited to the Virginia Beach City Council and are on
file with the Planning Department.
3. When the sale of the property is final, the applicant shall submit a subdivision plat to
dedicate the additional right-of-way for Tolliver Road, if not already conveyed through the
property sale, and to vacate all interior property lines.
4. An evergreen, landscape buffer shall be installed and maintained on the western property
line. The exact dimensions and planting materials will be determined during the detailed
site plan review process. All other landscaping shall be installed and maintained as
required by the Site Plan Ordinance.
5. A minimum six(6)foot high dumpster enclosure shall be constructed of brick matching
the brick on the building. Additional planting shall be installed on the east and west
sides of the proposed dumpster enclosure to provide additional screening from the
adjacent property and from the street. Details of the enclosure and plantings shall be
depicted on the final site plan.
6. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00
a.m.
7. At least one (1) member of the family living in each unit shall be disabled or age 62 or
older.
August 25, 2020
31
ITEM—I.I.4
PLANNING
PLANNING COMMISSION
ITEM#70693
(Continued)
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
32
ITEM—I.I.4
PLANNING
CITY COUNCIL
ITEM#70693
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of SENIORS UNLIMITED LIFESTYLES, INC./CITY
OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors and disabled at 1012& 1020
Finney Circle and 5837& 5841 Burton Station DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SENIORS UNLIMITED LIFESTYLES, INC./ CITY OF VIRGINIA
BEACH for a Conditional Use Permit re housing for seniors and
disabled at 1012 & 1020 Finney Circle and 5837& 5841 Burton Station
Road (GPINs 1458882897, 1458893052, 1458892090, 1458882715, &
1458892065)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions or as a result
of detailed site plan review, the site shall be developed in substantial conformance with
the submitted site layout plan entitled "Tranquility II, Virginia Beach, VA"prepared by
Arnold Design Studio, dated June 12, 2020, which has been exhibited to the Virginia
Beach City Council and is on file with the Planning Department.
2. The proposed building shall be constructed in substantial accordance with the submitted
renderings entitled "Tranquility II Renderings,"prepared by Arnold Design Studio, dated
June 16, 2020, which have been exhibited to the Virginia Beach City Council and are on
file with the Planning Department.
3. When the sale of the property is final, the applicant shall submit a subdivision plat to
dedicate the additional right-of-way for Tolliver Road, if not already conveyed through the
property sale, and to vacate all interior property lines.
4. An evergreen, landscape buffer shall be installed and maintained on the western property
line. The exact dimensions and planting materials will be determined during the detailed
site plan review process. All other landscaping shall be installed and maintained as
required by the Site Plan Ordinance.
5. A minimum six(6)foot high dumpster enclosure shall be constructed of brick matching
the brick on the building. Additional planting shall be installed on the east and west
sides of the proposed dumpster enclosure to provide additional screening from the
adjacent property and from the street. Details of the enclosure and plantings shall be
depicted on the final site plan.
6. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00
a.m.
August 25, 2020
33
ITEM—I.I.4
PLANNING
CITY COUNCIL
ITEM#70693
(Continued)
7. At least one (1) member of the family living in each unit shall be disabled or age 62 or
older.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day ofAugust Two Thousand
Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
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Property_Polygons
1012 & 1020 Finney Circle, v�J
Zoning 5837 & 5841 Burton Station Road S
Parking Lot Drive Aisle Feet
Building 0 25 50 100 150 200 250 300
34
ITEM—I.I.5
PLANNING
PLANNING COMMISSION ITEM#70694
The following registered to speak:
RJNutter,Attorney for Applicant, 222 Central Park Avenue#2000, 287-2111, spoke in SUPPORT
Christine Bapkins, 953 Rio Grande Drive, Phone: 675-2000, spoke in SUPPORT
Emily Van Halen, 3000 4A Seaboard Road, Phone: 777-2609, spoke in SUPPORT
Luke Lesinski, 1043 Angler Lane, Phone: 641-4856, spoke in SUPPORT
Beth Hubbard, 1700 Mill Landing Road, Phone: 615-7657, spoke in SUPPORT
Mark Summerell, 20301 Kingsmen Lane, Phone: 408-9214, spoke in SUPPORT
Carol Webb Darden, 1151 Princess Anne Road, Phone: 567-0613, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Mike Cullipher, P. O. Box 7130, Phone: 721-6446, did not respond
Karen Kwasny, 2089 Kittridge Drive, Phone: 672-2996, spoke in OPPOSITION
Ryan Horsley, spoke in OPPOSITION
Randi Vogel, 2388 London Bridge Road, Phone: 618-6466, spoke in SUPPORT
Upon motion by Commissioner Graham, seconded by Commissioner Coston, Planning Commission
APPROVED,AS CONDITIONED,Application of WOLFE BROS EVENTS,LLCfor a Conditional Use
Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE
Recommended Conditions:
1. Except for ADA parking,alternative surfaces(bluestone sand and gravel)may be permitted
for on-site for the minimum required number of parking spaces. ADA parking shall be
provided in accordance with the ADA criteria.
2. The applicant/owner shall install and maintain a City standard commercial entrance at
Princess Anne Road. Said entrance shall be installed in accordance with the City of
Virginia Beach Department of Public Works Engineering Division Specifications and
Standards.
3. Outdoor events shall be limited to no more than thirty (30)per the calendar year and the
maximum number of attendees shall not exceed 150 per event, except up to five (5) of the
30 events may have up to 250 attendees.
4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded
by 11:00 p.m.
5. Amplified music, except acoustical music, shall be prohibited after 10:00 p.m.for outdoor
events and 11:00 p.m.for indoor events.
6. All lighting shall be contained on the subject property. The source of the light is to be
shielded so as to not be visible from the property line of any adjacent residential use
properties.
August 25, 2020
35
ITEM—LL5
PLANNING
PLANNING COMMISSION
ITEM#70694
(Continued)
7. This Assembly Use may continue to operate on the site subject to an annual determination
by the Planning Director or designee that the presence of the use is not detrimental to
public health, safety, and welfare. Furthermore, the Assembly Use, as conditioned herein,
shall not cause public inconvenience, annoyance, disturbance, or be incompatible with
other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of
neighboring properties by reason of excessive noise, traffic, or overflow parking.
8. A Site Plan shall be submitted to the Department of Planning & Community
Development/Development Services Center to ensure compliance with applicable
regulations for all proposed on-site improvements. Site Plan approval shall be obtained
prior to issuance of a building permit, which shall be required for the proposed venue
structure and any other improvement, per City regulations. In addition, a Certificate of
Occupancy shall be required prior to the occupancy of the proposed venue building.
Voting: 5-4
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Michael Inman, Dee Oliver and
David Weiner
Planning Commission Members Voting Nay:
Steve Barnes, Donald Horsley, David Redmond and Jack Wall
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
36
ITEM—I.I.5
PLANNING
CITY COUNCIL
ITEM#70694
After City Council discussion, Council Member Henley,seconded by Council Member Moss, made a motion
to DENY Application of WOLFE BROS EVENTS,LLC for a Conditional Use Permit re assembly use at
1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE
Council Member Tower then made a SUBSTITUTE MOTION, seconded by Vice Mayor Wood, to
APPROVE,Application of WOLFE BROS EVENTS,LLC for a Conditional Use Permit re assembly use
at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE
Voting: 8-3
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Barbara M. Henley and John D. Moss
Council Members Absent:
None
August 25, 2020
37
ITEM—LL5
PLANNING
CITY COUNCIL
ITEM#70694
(Continued)
Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS
CONDITIONED, Application of WOLFE BROS EVENTS, LLC for a Conditional Use Permit re
assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE
WOLFE BROS EVENTS,LLC for a Conditional Use Permit re assembly
use at 1145 Princess Anne Road (GPIN 2400493564) DISTRICT 7 —
PRINCESS ANNE
The following conditions shall be required:
1. Except forADA parking,alternative surfaces(bluestone sand and gravel)may be permitted
for on-site for the minimum required number of parking spaces. ADA parking shall be
provided in accordance with the ADA criteria.
2. The applicant/owner shall install and maintain a City standard commercial entrance at
Princess Anne Road. Said entrance shall be installed in accordance with the City of
Virginia Beach Department of Public Works Engineering Division Specifications and
Standards.
3. Outdoor events shall be limited to no more than thirty (30)per the calendar year and the
maximum number of attendees shall not exceed 150 per event, except up to five (5) of the
30 events may have up to 250 attendees.
4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded
by 11:00 p.m.
5. Amplified music, except acoustical music, shall be prohibited after 10:00 p.m.for outdoor
events and 11:00 p.m.for indoor events.
6. All lighting shall be contained on the subject property. The source of the light is to be
shielded so as to not be visible from the property line of any adjacent residential use
properties.
7. This Assembly Use may continue to operate on the site subject to an annual determination
by the Planning Director or designee that the presence of the use is not detrimental to
public health, safety, and welfare. Furthermore, the Assembly Use, as conditioned herein,
shall not cause public inconvenience, annoyance, disturbance, or be incompatible with
other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of
neighboring properties by reason of excessive noise, traffic, or overflow parking.
August 25, 2020
38
ITEM—I.I.5
PLANNING
CITY COUNCIL
ITEM#70694
(Continued)
8. A Site Plan shall be submitted to the Department of Planning & Community
Development/Development Services Center to ensure compliance with applicable
regulations for all proposed on-site improvements. Site Plan approval shall be obtained
prior to issuance of a building permit, which shall be required for the proposed venue
structure and any other improvement, per City regulations. In addition, a Certificate of
Occupancy shall be required prior to the occupancy of the proposed venue building.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Barbara M. Henley and John D. Moss
Council Members Absent:
None
August 25, 2020
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Property_Polygons
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Zoning
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Building 012550 500 750 1,000 1,250 1,500
39
ITEM—I.I.6
PLANNING
PLANNING COMMISSION
ITEM#70695
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Commissioner Redmond, seconded by Vice Chair Weiner, Planning Commission
APPROVED,AS CONDITIONED,Application of JACOB SHORT for a Conditional Use Permit re short
term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 4905 Mandan
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
August 25, 2020
40
ITEM—I.I.6
PLANNING
PLANNING COMMISSION
ITEM#70695
(Continued)
a) A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b) Copies of the Commissioner of Revenue's Office receipt of
registration; and
c) Proof of liability insurance applicable to the rental activity of at least
one million dollars.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least one million dollars ($1,000,000.00)
underwritten by insurers acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
41
ITEM—I.I.6
PLANNING
PLANNING COMMISSION
ITEM#70695
(Continued)
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley,Michael Inman, Dee
Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
42
ITEM—I.I.6
PLANNING
CITY COUNCIL
ITEM#70695
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED
Application of JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road
COUNCIL DISTRICT 4—BAYSIDE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
43
ITEM—I.I.7
PLANNING
PLANNING COMMISSION
ITEM#70696
The following registered to speak:
Ray Noftsinger,Applicant, Phone: 343-6911, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Commissioner Inman, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, AS AMENDED, Application of YOUR NOT ALONE, LLC, /
DONALD&DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental
at 207 79th Street, Unit C DISTRICT 5—LYNNHAVEN
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street,
Unit C and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owner's private
property within clear view of the parking space in the City right-of-way (driveway). The
location, material, and content of the sign shall be submitted for review by the Zoning
Administrator within 30 days of a favorable decision by City Council. Said sign shall be
installed on the property, at a location deemed acceptable to City Staff, within 60 days of
the Zoning Administrator's approval.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three 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.
August 25, 2020
44
ITEM—I.I.7
PLANNING
PLANNING COMMISSION
ITEM#70696
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
45
ITEM—I.I.7
PLANNING
PLANNING COMMISSION
ITEM#70696
(Continued)
18. The property shall be limited to having two bedrooms available for Short Term Rental use.
The applicant shall submit a floor plan to the zoning office noting the converted bedroom
as "shall not be used as a bedroom when property is being used as a Short Term Rental."
Any advertisementfor the Short Term Rental shall indicate a limitation of two(2)bedrooms
and two(2)parking spaces, as shown on the modified site plan.
Voting: 6-2
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman,
David Redmond, and David Weiner
Planning Commission Members Voting Nay:
Dee Oliver
Jack Wall
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
46
ITEM—I.I.7
PLANNING
CITY COUNCIL
ITEM#70696
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, AS AMENDED, Application of YOUR NOT ALONE, LLC, /DONALD & DEBRA
WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79th Street,
Unit C DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
YOUR NOT ALONE, LLC / DONALD & DEBRA WALKER
REVOCABLE TRUST for a Conditional Use Permit re short term rental
at 207 79th Street, Unit C (GPIN 24195873653207) DISTRICT 5 —
LYNNHAVEN
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street,
Unit C and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. An all-weather "No Blocking Sidewalk" sign shall be erected on the owner's private
property within clear view of the parking space in the City right-of-way (driveway). The
location, material, and content of the sign shall be submitted for review by the Zoning
Administrator within 30 days of a favorable decision by City Council. Said sign shall be
installed on the property, at a location deemed acceptable to City Staff, within 60 days of
the Zoning Administrator's approval.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
47
ITEM—I.I.7
PLANNING
CITY COUNCIL
ITEM#70696
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
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 twe-(24 one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
48
ITEM—I.I.7
PLANNING
CITY COUNCIL
ITEM#70696
(Continued)
18. The property shall be limited to having two bedrooms available for Short Term Rental use. The
applicant shall submit a floor plan to the zoning office noting the converted bedroom as "shall not
be used as a bedroom when property is being used as a Short Term Rental."Any advertisement for
the Short Term Rental shall indicate a limitation of two (2) bedrooms and two (2)parking spaces,
as shown on the modified site plan.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson and Vice Mayor James L. Wood
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
. I.._ .•
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R-5R(NE-)
Site " gik
Property_Polygons Your Not Alone, LLC ' t
Zoning 207 79th Street, Unit C
f Parking Lot Drive Aisle Feet
Building 0 510 20 30 40 50 60
49
ITEM—I.I.8
PLANNING
PLANNING COMMISSION
ITEM#70697
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Steve Patterson, 2911 Eriksen Court, Phone: 406-0077, did not respond
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Commissioner Graham, seconded by Vice Chair Weiner, Planning Commission
APPROVED,AS CONDITIONED,Application of LISA C.EURE Conditional Use Permit re short term
rental at 2312 Red Tide Road, Unit A DISTRICT 5—LYNNHAVEN
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide
Road, Unit A, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The area for parking spaces one (1) and two (2), as shown on the Site Layout& Parking
Plan,shall remain a minimum of nine(9)feet by 36-feet, and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times thrcc (3)
two (2)) on the property where the Short Term Rental is located. This Short Term Rental
may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
August 25, 2020
50
ITEM—I.I.8
PLANNING
PLANNING COMMISSION
ITEM#70697
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
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 twe-(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
August 25, 2020
51
ITEM—I.I.8
PLANNING
PLANNING COMMISSION
ITEM#70697
(Continued)
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee
Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
4.
52
ITEM—I.L8
PLANNING
CITY COUNCIL
ITEM#70697
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,Application of LISA C.EURE Conditional Use Permit re short term rental at 2312 Red
Tide Road, Unit A DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LISA C.EURE Conditional Use Permit re short term rental at 2312 Red
Tide Road, Unit A (GPIN 15902024690001)DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide
Road, Unit A, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The area for parking spaces one (1) and two (2), as shown on the Site Layout& Parking
Plan,shall remain a minimum of nine(9)feet by 36-feet, and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three (3)
two (2)) on the property where the Short Term Rental is located. This Short Term Rental
may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
August 25, 2020
53
ITEM—I.I.8
PLANNING
CITY COUNCIL
ITEM#70697
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
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 t we-(-2}one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million 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 thrcc(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
August 25, 2020
54
ITEM—I.I.8
PLANNING
CITY COUNCIL
ITEM#70697
(Continued)
,
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
t! r� Cou
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-----\----------._ \ ' - - L-:JL —.oft
��, Site
Lisa C. Eure W ��
Property_Polygons '�'
2312 Red Tide Road, Unit A
Zoning s
Parking Lot Drive Aisle Feet
Building 0 510 20 30 40 50 60
55
ITEM—I.I.9
PLANNING
PLANNING COMMISSION
ITEM#70698
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of ATLANTIC DEVELOPMENT
ASSOCIATES,LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5—
LYNNHAVEN
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 112A 56th
Street, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage spaces within each unit must remain a minimum of nine (9)feet by 36-feet,
contain a minimum eight(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 thrcc (3)
two (2)) on the property where the Short Term Rental is located. This Short Term Rental
may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6)months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
August 25, 2020
56
ITEM—I.I.9
PLANNING
PLANNING COMMISSION
ITEM#70698
(Continued)
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
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 twe-(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
57
ITEM—li 9
PLANNING
CITY COUNCIL
ITEM#70698
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC
for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Conditional
Use Permit re short term rental at 112A 56th Street(GPIN 2419803545)
DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 112A 56`h
Street, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage spaces within each unit must remain a minimum of nine (9)feet by 36-feet,
contain a minimum eight(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 thrcc (3)
two (2)) on the property where the Short Term Rental is located. This Short Term Rental
may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
August 25, 2020
58
ITEM—I.I.9
PLANNING
CITY COUNCIL
ITEM#70698
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
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 twe-(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
August 25, 2020
59
ITEM—I.I.9
PLANNING
CITY COUNCIL
ITEM#70698
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None,
August 25, 2020
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Parking Lot Drive Aisle
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60
ITEM—I.I.10
PLANNING
PLANNING COMMISSION
ITEM#70699
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of CEBT PROPERTIES, LLC for a
Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5—LYNNHAVEN
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 201 641"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 notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
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 t#nee 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
$1-Million.
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.
August 25, 2020
61
ITEM—I.I.I0
PLANNING
PLANNING COMMISSION
ITEM#70699
(Continued)
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 twe-(2)one(1)rental contracts during any
consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
62
ITEM—I.I.10
PLANNING
CITY COUNCIL
ITEM#70699
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of CEBT PROPERTIES, LLC for a Conditional Use
Permit re short term rental at 201 64th Street DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CEBT PROPERTIES, LLC for a Conditional Use Permit re short term
rental at 201 64th Street (GPIN 24197321940201) DISTRICT — 5
LYNNHAVEN
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 201 64th Street
and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times wee 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
August 25, 2020
63
ITEM—I.I.10
PLANNING
PLANNING COMMISSION
ITEM#70699
(Continued)
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rentals.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand
Twenty.
August 25, 2020
64
ITEM—I.I.10
PLANNING
CITY COUNCIL
ITEM#70699
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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Zoning
Parking Lot Drive Aisle so isi imismi mom.Fee
Building 012.525 50 75 100 125 150
65
ITEM—LI.11 a/b
PLANNING
PLANNING COMMISSION
ITEM#70700
The following registered to speak:
Chris Wood,Applicant, spoke in SUPPORT
Joseph Avallone, did not respond
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Commissioner Graham, seconded by Vice Chair Weiner, Planning Commission
APPROVED,AS CONDITIONED,Application of LA PAZ,LLC for a Conditional Use Permit re short
term rental at 2565 Shore Drive, Units A &B DISTRICT 5—LYNNHAVEN
Recommended Conditions:
1. The following conditions shall only apply to the dwelling units addressed as 2565 Shore
Drive(A &B) and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. An entryway drive apron placed to meet all applicable code requirements must be created
as shown on the parking plan illustration within the "Site Layout and Parking Plan"
section of the Staff report unless this requirement is waived or modified by the Director of
the Department of Planning and Community Development or his designee.
4. The area noted as "Existing and proposed turf and plantings" on the "Site Layout and
Parking Plan"section of the Staff report shall be planted in accordance with a detailed
planting schedule plan. Such plan shall be submitted to the Zoning Administrator for
review within 30 days of any favorable City Council action relating to this Conditional Use
Permit Request. The plantings and turf shall be installed within sixty (60) days of the
Zoning Administrator's approval of the submitted planting schedule plan.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
0) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
66
ITEM—I.L 11 a/b
PLANNING
PLANNING COMMISSION
ITEM#70700
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than twe-(2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
67
ITEM—I.L11 a/b
PLANNING
PLANNING COMMISSION
ITEM#70700
(Continued)
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee
Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
68
ITEM—I.I.11 a/b
PLANNING
CITY COUNCIL
ITEM#70700
Upon motion by Council Member Berlucchi, seconded by Council Member Wilson, City Council
APPROVED,AS CONDITIONED,Application of LA PAZ, LLC for a Conditional Use Permit re short
term rental at 2565 Shore Drive, Units A &B DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LA PAZ,LLC for a Conditional Use Permit re short term rental at 2565
Shore Drive, Units A & B (GPIN 1590710928) DISTRICT 5 —
LYNNHAVEN
The following conditions shall be required:
a. Unit A
b. Unit B
DISTRICT 5—LYNNHAVEN, subject to:
1. The following conditions shall only apply to the dwelling units addressed as 2565 Shore
Drive(A &B) and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. An entryway drive apron placed to meet all applicable code requirements must be created
as shown on the parking plan illustration within the "Site Layout and Parking Plan"
section of the Staff report unless this requirement is waived or modified by the Director of
the Department of Planning and Community Development or his designee.
4. The area noted as "Existing and proposed turf and plantings" on the "Site Layout and
Parking Plan"section of the Staff report shall be planted in accordance with a detailed
planting schedule plan. Such plan shall be submitted to the Zoning Administrator for
review within 30 days of any favorable City Council action relating to this Conditional Use
Permit Request. The plantings and turf shall be installed within sixty (60) days of the
Zoning Administrator's approval of the submitted planting schedule plan.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
August 25, 2020
69
ITEM—LI.Il a/b
PLANNING
CITY COUNCIL
ITEM#70700
(Continued)
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two-(-2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m.
August 25, 2020
70
ITEM—I.I.11 a/b
PLANNING
CITY COUNCIL
ITEM#70700
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day ofAugust Two Thousand
Twenty.
Voting: 9-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Abstaining:
Vice Mayor Wood
Council Members Absent:
None
August 25, 2020
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JAMES L.WOOD MUNICIPAL CENTER
VICE MAYOR BUILDING 1,ROOM 281
DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)785-4342
FAX(757)340-2082
JLWOODOVBGOV.COM
Refer to File No.0067798
August 25, 2020
Mrs. Amanda Barnes, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the application of La Paz, LLC.
2. My brother Chris Wood has an ownership interest in the project.
3. I have chosen to abstain from voting on this application.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincer ly,
11 s L. Wood
ce Mayor
JLW/RRI
71
ITEM—I.I.12
PLANNING
PLANNING COMMISSION
ITEM#70701
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Nancy Parker, 873 23`d Street, Phone: 657-4848, spoke in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Commissioner Inman, seconded by Vice Chair Weiner, Planning Commission
APPROVED, AS CONDITIONED, Application of OCEAN RENTAL PROPERTIES, LLC., for a
Conditional Use Permit re short term rental 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling units addressed as 2216 Baltic
Avenue, Unit B and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The existing deck will be truncated in accordance with the parking plan to facilitate access
via the driveway from Baltic Avenue.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
72
ITEM—I.I.12
PLANNING
PLANNING COMMISSION
ITEM#70701
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be threc(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
73
ITEM—I.I.12
PLANNING
PLANNING COMMISSION
ITEM#70701
(Continued)
Voting: 6-1
Planning Commission Members Voting Aye:
John H. Coston,Donald Horsley,Michael Inman,David Redmond,Jack
Wall and David Weiner
Planning Commission Members Voting Nay:
Dee Oliver
Planning Commission Members Absent:
George Alcaraz, Steve Barnes, Walter Graham (stepped out during vote)
and Robyn Klein
August 25, 2020
74
ITEM—I.I.12
PLANNING
CITY COUNCIL
ITEM#70701
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED
Application of OCEAN RENTAL PROPERTIES,LLC.,for a Conditional Use Permit re short term rental
2216 Baltic Avenue, Unit B DISTRICT 6—BEACH
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Rosemary Wilson
Council Members Absent:
None
August 25, 2020
75
ITEM—I.I.13
PLANNING
PLANNING COMMISSION
ITEM#70702
The following registered to speak:
William Wright Jr., Applicant, 909 Pacific Avenue, Unit A, Phone: 589-2710, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission
APPROVED, AS CONDITIONED, Application of WILLIAM J. WRIGHT, JR. for a Conditional Use
Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific
Avenue, Unit A, and the Short Term Rental use shall only occur in the principal structure.
2. No vehicles longer than eighteen (18) feet shall be permitted in the parking spaces
associated with this Short Term Rental.
3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to
safely enter and exit the property.
4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.Proof of ability to use at least one(1)off-street
parking space at a location acceptable to the Zoning Administrator shall be provided to
the Planning Department on an annual basis, as long as the Conditional Use Permit is
active.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
76
ITEM—I.I.13
PLANNING
PLANNING COMMISSION
ITEM 70702
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department Development for review and approval. This shall be
done within six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be thrcc(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
77
ITEM—I.I.13
PLANNING
PLANNING COMMISSION
ITEM 70702
(Continued)
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley,Michael Inman, Dee
Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
78
ITEM—I.I.13
PLANNING
CITY COUNCIL
ITEM#70702
Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS
CONDITIONED,Application of WILLIAMJ. WRIGHT,JR. for a Conditional Use Permit re short term
rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WILLIAM J. WRIGHT,JR. for a Conditional Use Permit re short term
rental at 909 Pacific Avenue, Unit A (GPIN 24272444111005)DISTRICT
—6BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific
Avenue, Unit A, and the Short Term Rental use shall only occur in the principal structure.
2. No vehicles longer than eighteen (18) feet shall be permitted in the parking spaces
associated with this Short Term Rental.
3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to
safely enter and exit the property.
4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council. Proof of ability to use at least one(1)off-street
parking space at a location acceptable to the Zoning Administrator shall be provided to
the Planning Department on an annual basis, as long as the Conditional Use Permit is
active.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
79
ITEM—I.I.13
PLANNING
CITY COUNCIL
ITEM 70702
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department Development for review and approval. This shall be
done within six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than twe-(24 one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be thrcc (3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
80
ITEM—I.I.13
PLANNING
CITY COUNCIL
ITEM 70702
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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Zoning 909 Pacific Avenue, Unit A s
=
F---- Parking Lot Drive Aisle Feet
Building 0 20 40 80 120 160 200 240
81
ITEM—I.I.14
PLANNING
PLANNING COMMISSION
ITEM#70703
The following registered to speak:
Oliver Carlin,Applicant, 947 Fern Ridge Road, Phone: 563-4706, spoke in SUPPORT
Moe Carlin,Applicant, 947 Fern Ridge Road, Phone: 755-4431, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, Application of CARLIN CREATIVE CONCEPTS, LLC for a
Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific
Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure.
2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with
this Short Term Rental.
3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to
safely enter and exit the property.
4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council. Proof of ability to use at least one(1)off-street
parking space at a location acceptable to the Zoning Administrator shall be provided to
the Planning Department on an annual basis, as long as the Conditional Use Permit is
active.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
82
ITEM—I.I.14
PLANNING
PLANNING COMMISSION
ITEM#70703
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department Development for review and approval. This shall be
done within six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
83
ITEM—I.I.14
PLANNING
PLANNING COMMISSION
ITEM#70703
(Continued)
Voting.• 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee
Oliver, David Redmond,Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
84
ITEM—I.I.14
PLANNING
CITY COUNCIL
ITEM#70703
Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED, Application of CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use
Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit
re short term rental at 901 Pacific Avenue Unit B (GPIN
24272444110945)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific
Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure.
2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with
this Short Term Rental.
3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to
safely enter and exit the property.
4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.Proof of ability to use at least one(1)off-street
parking space at a location acceptable to the Zoning Administrator shall be provided to
the Planning Department on an annual basis, as long as the Conditional Use Permit is
active.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
.(22) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
85
ITEM—I.I.14
PLANNING
CITY COUNCIL
ITEM#70703
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department Development for review and approval. This shall be
done within six(6)months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
86
ITEM—I.I.14
PLANNING
CITY COUNCIL
ITEM#70703
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`"day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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Suite N
Site -L
Property_Polygons Carlin Creative Concepts, LLC
nZoning 901 Pacific Avenue, Unit B s
Parking Lot Drive Aisle
Feet
[---1 Building 0 25 50 100 150 200 250 300
87
ITEM—I.I.15
PLANNING
PLANNING COMMISSION
ITEM#70704
The following registered to speak:
Nathan Bolling, Applicant, 423 21S` '/2 Street, Phone: 572-6292, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of NATHAN BOLLING for a
Conditional Use Permit re short term rental at 423 21st ''/z Street DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 423 21's Vz
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 nine(9)feet by 18-feet,contain
a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
August 25, 2020
88
ITEM—I.I.15
PLANNING
PLANNING COMMISSION
ITEM#70704
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than twe-(2)one(1)rental contracts during any
consecutive seven (7) day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
89
ITEM—I.I.15
PLANNING
PLANNING COMMISSION
ITEM#70704
(Continued)
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee
Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
90
ITEM—I.I.15
PLANNING
CITY COUNCIL
ITEM#70704
Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED, Application of NATHAN BOLLING for a Conditional Use Permit re short term
rental at 423 21 st''/2 Street DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NATHAN BOLLING for a Conditional Use Permit re short term rental
at 423 21st'/2 Street(GPIN 24270823850001)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 423 21" '/a
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 nine(9)feet by 18-feet,contain
a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
OD on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
91
ITEM—I.I.15
PLANNING
CITY COUNCIL
ITEM#70704
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the 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
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than i e-(2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
92
ITEM—I.I.15
PLANNING
CITY COUNCIL
ITEM#70704
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
O R ,{sheet
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Site ‘‘ t
Property_Polygons Nathan Bolling
EN Zoning 423 21st 1/2 Street
Parking Lot Drive Aisle Feet
1 Building 012.525 50 75 100 125 150
93
ITEM—I.I.16
PLANNING
PLANNING COMMISSION
ITEM#70705
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED,AS CONDITIONED,BY CONSENT,Application of DAWN WYATTfor a Conditional Use
Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 609 Bayway
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the 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
$1-Million.
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.
August 25, 2020
94
ITEM—I.I.16
PLANNING
PLANNING COMMISSION
ITEM#70705
(Continue)
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on
the building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two (-2) one (1) rental contracts during
any consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million 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 thrcc(3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors(which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
95
ITEM—I.I..16
PLANNING
CITY COUNCIL
ITEM#70705
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of DAWN WYATT for a Conditional Use Permit re short
term rental at 609 Bayway Road DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DAWN WYATT for a Conditional Use Permit re short term rental at 609
Bayway Road(GPIN 2417286565)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 609 Bayway
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times tht'ee two
a)) 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
August 25, 2020
96
ITEM—I.I.16
PLANNING
CITY COUNCIL
ITEM#70705
(Continue)
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on
the building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two (2) one (1) rental contracts during
any consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`''day of August Two Thousand
Twenty.
August 25, 2020
97
ITEM—I.I.16
PLANNING
CITY COUNCIL
ITEM#70705
(Continue)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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98
ITEM—I.I.17
PLANNING
PLANNING COMMISSION
ITEM#70706
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED,AS CONDITIONED,BY CONSENT,Application of NEWJERUSALEMCHURCHfor a
Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 101 Bishop
Thoroughgood Avenue and the Short Term Rental use shall only occur in the principal
structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by the City Council.
3. The garage space within the unit must remain a minimum of nine(9)feet by 18-feet,contain
a minimum eight(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 notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three (3))
on the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6)months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
August 25, 2020
99
ITEM—I.I.17
PLANNING
PLANNING COMMISSION
ITEM#70706
(Continued)
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as a Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million 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.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
100
ITEM—I.I.17
PLANNING
CITY COUNCIL
ITEM#70706
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of NEW JERUSALEM CHURCH for a Conditional Use
Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NEW JERUSALEM CHURCH for a Conditional Use Permit re short
term rental at 101 Bishop Thoroughgood Avenue (GPIN 2417537514)
DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 101 Bishop
Thoroughgood Avenue and the Short Term Rental use shall only occur in the principal
structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by the City Council.
3. The garage space within the unit must remain a minimum of nine(9)feet by 18-feet,contain
a minimum eight(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 not the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three (3))
on the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through 'c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
August 25, 2020
101
ITEM—I.I.17
PLANNING
CITY COUNCIL
ITEM#70706
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as a Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand
Twenty.
August 25, 2020
102
ITEM—I.I.17
PLANNING
CITY COUNCIL
ITEM#70706
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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103
ITEM—I.L 18
PLANNING
PLANNING COMMISSION
ITEM#70707
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED,AS CONDITIONED,BY CONSENT,Application ofAUSTINBOYLES&STAR BOYLES
for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 1804-E Baltic
Avenue and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage space within the unit must remain a minimum of nine(9)feet by 18 feet,contain
a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. Unless afield change or other form of site plan modification is approved by the Department
of Planning and Community Development - Development Services Center Division, the
required on-site stormwater management system shall be maintained as shown on the as-
built site plan approved by the Planning Department on July 25, 2019 created by John E.
Siren and Associates, dated March 21, 2016(with an as-built date of May 29, 2019), and
tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of
Property of Virginia Beach Park Corp for K&B Construction," which is on file with the
Department of Planning and Community Development within record numbers 2019-DSC-
00257 and 2019-DDSC-009500
5. Unless afield change or other site plan modification is approved by the Planning Director,
all required tree canopy, landscaping, and outdoor amenity space improvements as shown
on sheet 6 of the site plan approved by the Development Services Center Division of the
Planning and Community Development Department, more specifically titled, "Landscape
Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and
Associated on January 18, 2017, shall remain in place and be maintained in good
condition.
6. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
August 25, 2020
104
ITEM—I.I.18
PLANNING
PLANNING COMMISSION
ITEM#70707
(Continued)
7. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
8. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
three(3)two(2))on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
9. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
11. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
12. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
13. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
14. Accessory structures shall not be used or occupied as Short Term Rental.
August 25, 2020
105
ITEM—I.I.18
PLANNING
PLANNING COMMISSION
ITEM#70707
(Continued)
15. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
16. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
17. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be thrcc (3)two (2) individuals per bedroom.
20. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
106
ITEM—I.I.18
PLANNING
CITY COUNCIL
ITEM#70707
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application ofAUSTIN BOYLES&STAR BOYLES for a Conditional
Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AUSTIN BOYLES & STAR BOYLES for a Conditional Use Permit re
short term rental at 1804 Baltic Avenue, Unit E (GPIN 2427072276)
DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 1804-E Baltic
Avenue and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage space within the unit must remain a minimum of nine(9)feet by 18 feet,contain
a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. Unless afield change or other form of site plan modification is approved by the Department
of Planning and Community Development - Development Services Center Division, the
required on-site stormwater management system shall be maintained as shown on the as-
built site plan approved by the Planning Department on July 25, 2019 created by John E.
Siren and Associates, dated March 21, 2016(with an as-built date of May 29, 2019), and
tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of
Property of Virginia Beach Park Corp for K&B Construction,"which is on file with the
Department of Planning and Community Development within record numbers 2019-DSC-
00257 and 2019-DDSC-009500
5. Unless afield change or other site plan modification is approved by the Planning Director,
all required tree canopy, landscaping, and outdoor amenity space improvements as shown
on sheet 6 of the site plan approved by the Development Services Center Division of the
Planning and Community Development Department, more specifically titled, "Landscape
Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and
Associated on January 18, 2017, shall remain in place and be maintained in good
condition.
6. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
August 25, 2020
107
ITEM—I.I.18
PLANNING
CITY COUNCIL
ITEM#70707
(Continued)
7. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
8. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
three(3)two(2))on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
9. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
11. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
12. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
13. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
14. Accessory structures shall not be used or occupied as Short Term Rental.
August 25, 2020
108
ITEM—I.I.18
PLANNING
CITY COUNCIL
ITEM#70707
(Continued)
15. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
16. The Short Term Rental shall have no more than two-(2)one(1)rental contracts during any
consecutive seven (7) day period.
17. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
18. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m.
19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be thrcc (3)two (2) individuals per bedroom.
20. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
II
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Austin Boyles & Star Boyles �.► 7-
1804 Baltic Avenue, Unit E S
Zoning
Parking Lot Drive Aisle liWcziFeet
I 10,,:w,.,,. 0 510 20 30 40 50 60
109
ITEM—I.I.19a
PLANNING
PLANNING COMMISSION
ITEM#70708
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of MCLESKEY & ASSOCIATES /
FWM RESIDENTIAL RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental
at 409 Southside Road DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 409 Southside
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of
two (2) feet of the western portion of Lot 18 shall be submitted for review to the
Development Services Center Division of the Department of Planning and Community
Development within thirty (30) days of any favorable City Council vote relating to this
request. If it is found that two (2)feet of the western portion of Lot 18 was subdivided in
violation of applicable laws at the time of its creation, then a subdivision plat must be
submitted for review and recordation. In this instance, the proposed subdivision plat must
be submitted to the Development Services Center Division of the Department of Planning
and Community Development within ninety (90) days of any favorable City Council vote
relating to this request.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
three two (2)) on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
110
ITEM—I.I.19a
PLANNING
PLANNING COMMISSION
ITEM#70708
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at
least$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-
27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and
a copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on
the building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one(1) rental contracts during
any consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least$1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
111
ITEM—I.L19a
PLANNING
PLANNING COMMISSION
ITEM#70708
(Continued)
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
112
ITEM—I.I.19a
PLANNING
CITY COUNCIL ITEM#70708
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of MCLESKEY&ASSOCLATES/FWM RESIDENTIAL
RENTAL PROPERTIES, LLCfor a Conditional Use Permit re short term rental at 409 Southside Road
DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL
PROPERTIES, LLC for a Conditional Use Permit re short term rental
at 409 Southside Road(GPIN 2427216337)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 409 Southside
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of
two (2) feet of the western portion of Lot 18 shall be submitted for review to the
Development Services Center Division of the Department of Planning and Community
Development within thirty (30) days of any favorable City Council vote relating to this
request. If it is found that two (2)feet of the western portion of Lot 18 was subdivided in
violation of applicable laws at the time of its creation, then a subdivision plat must be
submitted for review and recordation.In this instance, the proposed subdivision plat must
be submitted to the Development Services Center Division of the Department of Planning
and Community Development within ninety (90) days of any favorable City Council vote
relating to this request.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
-three two (2)) on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
113
ITEM—I.I.19a
PLANNING
CITY COUNCIL
ITEM#70708
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at
least$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-
27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and
a copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on
the building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one (1) rental contracts during
any consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least$1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
114
ITEM—I.I.19a
PLANNING
CITY COUNCIL
ITEM#70708
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten ,
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
*Council Member Wilson filed a disclosure
August 25, 2020
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9 OF OUR NO3%O
ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX: (757)385-5669
File No.0067801
August 25, 2020
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the applications of McLeskey&Associates for conditional use permits for
properties located at(1)409 Southside Road;(2)441 Southside Road;and(3) 1405
Cypress Avenue Units A and B.
2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG”)is one of
its service providers.
3. I have a personal interest in DHG because I receive income from the firm as a result
of my late husband's employment by the company. The income is proceeds from
the sale of his partnership interest,paid out over an extended period of time.DGH's
address is 272 Bendix Road, Suite 500,Virginia Beach,Virginia.
4. The City Attorney's Office has advised me that although I have a personal interest
in this transaction,because I do not personally provide services to the applicant,the
Act provides that I may participate in the Council's discussion and vote on this
ordinance,upon disclosure of this interest.
921 ATLANTIC AVENUE,UNIT 602,VIRGINIA BEACH,VA 23451
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115
ITEM—I.I.19b
PLANNING
PLANNING COMMISSION
ITEM#70709
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of MCLESKEY & ASSOCIATES /
FWM RESIDENTIAL RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental
at 441 Southside Road DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 441 Southside
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of
two (2) feet of the western portion of Lot 18 shall be submitted for review to the
Development Services Center Division of the Department of Planning and Community
Development within thirty (30) days of any favorable City Council vote relating to this
request. If it is found that two (2)feet of the western portion of Lot 18 was subdivided in
violation of applicable laws at the time of its creation, then a subdivision plat must be
submitted for review and recordation. In this instance, the proposed subdivision plat must
be submitted to the Development Services Center Division of the Department of Planning
and Community Development within ninety (90) days of any favorable City Council vote
relating to this request.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
three two (2)) on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
116
ITEM—I.I.19b
PLANNING
PLANNING COMMISSION
ITEM#70708
(Continued)
7. If or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at
least$1-Million.
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 Ores 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 iwe-(2)one (1) rental contracts during
any consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least$1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
117
ITEM—I.L 19b
PLANNING
PLANNING COMMISSION
ITEM#70708
(Continued)
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
118
ITEM—I.I.19b
PLANNING
CITY COUNCIL
ITEM#70709
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application ofMCLESKEY&ASSOCIATES/FWM RESIDENTIAL
RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 441 Southside Road
DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL
PROPERTIES, LLC for a Conditional Use Permit re short term rental
at 441 Southside Road(GPIN 2427214001)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 441 Southside
Road and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of
two (2) feet of the western portion of Lot 18 shall be submitted for review to the
Development Services Center Division of the Department of Planning and Community
Development within thirty (30) days of any favorable City Council vote relating to this
request. If it is found that two (2)feet of the western portion of Lot 18 was subdivided in
violation of applicable laws at the time of its creation, then a subdivision plat must be
submitted for review and recordation. In this instance, the proposed subdivision plat must
be submitted to the Development Services Center Division of the Department of Planning
and Community Development within ninety (90) days of any favorable City Council vote
relating to this request.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
tree two (2)) on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
August 25, 2020
119
ITEM—I.I.19b
PLANNING
CITY COUNCIL
ITEM#70708
(Continued)
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$1-Million.
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 fres on the beach), 12-43.2 (fireworks), and
a copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on
the building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two (2)one(1) rental contracts during
any consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least$1-Million 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.
August 25, 2020
120
ITEM—I.I.19b
PLANNING
CITY COUNCIL
ITEM#70708
(Continued)
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25rh day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
*Council Member Wilson filed a disclosure
August 25, 2020
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121
ITEM—LI.20a/b
PLANNING
PLANNING COMMISSION
ITEM#70710
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of MCLESKEY & ASSOCIATES /
RUDEE HEIGHTS PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1405
Cypress Avenue, Units A &B DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling units addressed as 1405 Cypress
Avenue (Units A & B) and the Short Term Rental use shall only occur in the principal
structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. Each garage space within the units must remain a minimum of nine (9)feet by 18-feet,
contain a minimum eight(8)foot wide vehicle entryway opening, and shall remain free of
materials to ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
August 25, 2020
122
ITEM—I.I.20a/b
PLANNING
PLANNING COMMISSION
ITEM#70710
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
19. The proposed duplex shall be built in accordance with the architectural elevations and
parking plan submitted and on file with the Department of Planning and Community
Development.
August 25, 2020
123
ITEM—I.L20a/b
PLANNING
PLANNING COMMISSION
ITEM#70710
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
124
ITEM—I.I.20a/b
PLANNING
CITY COUNCIL
ITEM#70710
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, Application of MCLESKEY& ASSOCIATES/RUDEE HEIGHTS PROPERTIES,
LLCfor a Conditional Use Permit re short term rental at 1405 Cypress Avenue, Units A &B DISTRICT 6
—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MCLESKEY & ASSOCIATES /RUDEE HEIGHTS PROPERTIES,
LLC for a Conditional Use Permit re short term rental at 1405 Cypress
Avenue, Units A &B (GPIN 2417956691)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling units addressed as 1405 Cypress
Avenue (Units A & B) and the Short Term Rental use shall only occur in the principal
structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. Each garage space within the units must remain a minimum of nine (9)feet by 18-feet,
contain a minimum eight(8)foot wide vehicle entryway opening, and shall remain free of
materials to ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
August 25, 2020
125
ITEM—I.L20a/b
PLANNING
CITY COUNCIL
ITEM#70710
(Continued)
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two(2)-one(1)rental contracts during any
consecutive seven (7) day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
August 25, 2020
126
ITEM—L.I.20a/b
PLANNING
CITY COUNCIL
ITEM#70710
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
19. The proposed duplex shall be built in accordance with the architectural elevations and
parking plan submitted and on file with the Department of Planning and Community
Development.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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F-�F OUR NAT�N�
ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX. (757)385-5669
File No.0067801
August 25, 2020
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the applications of McLeskey&Associates for conditional use permits for
properties located at(1)409 Southside Road;(2)441 Southside Road;and(3) 1405
Cypress Avenue Units A and B.
2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG")is one of
its service providers.
3. I have a personal interest in DHG because I receive income from the firm as a result
of my late husband's employment by the company. The income is proceeds from
the sale of his partnership interest,paid out over an extended period of time.DGH's
address is 272 Bendix Road, Suite 500, Virginia Beach,Virginia.
4. The City Attorney's Office has advised me that although I have a personal interest
in this transaction,because I do not personally provide services to the applicant,the
Act provides that I may participate in the Council's discussion and vote on this
ordinance,upon disclosure of this interest.
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH.VA 23451
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127
ITEM—I.I.21
PLANNING
PLANNING COMMISSION
ITEM#70711
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of JADE VACATIONS, LLC for a
Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 329 25`"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 nine(9)feet by 18-feet,contain
a minimum eight(8)foot wide vehicle entryway opening, and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(i.e., number of bedrooms multiplied by
wee two (2)) on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
August 25, 2020
128
ITEM—L.I.21
PLANNING
PLANNING COMMISSION
ITEM#70711
(Continued)
a. A completed Department of Planning and Community
Development Short Term Rental Zoning registration form;and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at
least$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain
registration with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided
by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-
26, 31-27 and 31-28 (solid waste collection), 12-5 (res on the beach), 12-43.2
(fireworks), and a copy of any approved parking plan.
11. Comply with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted
on the building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two (2) one (1) rental contracts
during any consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the
rental activity at registration and renewal of at least $1-Million underwritten by
insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00
a.m. ("Overnight Lodgers')shall be thrcc(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which
may be wireless), a fire extinguisher and, where natural gas or propane is present,
carbon monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
129
ITEM—I.I.21
PLANNING
PLANNING COMMISSION
ITEM#70711
(Continued)
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
130
ITEM—L.I.21
PLANNING
CITY COUNCIL
ITEM#70711
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of JADE VACATIONS,LLCfor a Conditional Use Permit
re short term rental at 329 25th Street DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JADE VACATIONS, LLC for a Conditional Use Permit re short term
rental at 329 25th Street(GPIN 24280030615030)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 329 25th Street
and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage space within the unit must remain a minimum of nine(9)feet by 18-feet, contain
a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(i.e., number of bedrooms multiplied by
twee two (2)) on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
131
ITEM—I.I.21
PLANNING
CITY COUNCIL
ITEM#70711
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community
Development Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at
least$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain
registration with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided
by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-
26, 31-27 and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2
(fireworks), and a copy of any approved parking plan.
11. Comply with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted
on the building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than two (2) one (1) rental contracts
during any consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the
rental activity at registration and renewal of at least $1-Million underwritten by
insurers acceptable to the City.
16. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00
a.m. ("Overnight Lodgers')shall be thrcc(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which
may be wireless), a fire extinguisher and, where natural gas or propane is present,
carbon monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
132
ITEM—LL21
PLANNING
CITY COUNCIL
ITEM#70711
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`"day ofAugust Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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133
ITEM—I.I.22
PLANNING
PLANNING COMMISSION
ITEM#70712
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED, AS CONDITIONED, BY CONSENT, Application of ANDREAS LOIZOU for a
Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH
Recommended Conditions: its
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue, Unit 102 and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
three(3)two(2))on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
August 25, 2020
134
ITEM—I.I.22
PLANNING
PLANNING COMMISSION
ITEM#70712
(Continued)
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two(2)one(1)rental contracts,during any
consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
135
ITEM—I.I.22
PLANNING
CITY COUNCIL
ITEM#70712
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of ANDREAS LOIZOU for a Conditional Use Permit re
short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANDREAS LOIZOU for a Conditional Use Permit re short term rental
at 4005 Atlantic Avenue, Unit 102 (GPIN 24280514483760)DISTRICT 6
—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue, Unit 102 and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms multiplied by
thrcc(3)two (2))on the property where the Short Term Rental is located. This Short Term
Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a' through 'c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
August 25, 2020
136
ITEM—I.I.22
PLANNING
CITY COUNCIL
ITEM#70712
(Continued)
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million 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 thrcc(3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2511'day of August Two Thousand
Twenty.
August 25, 2020
137
ITEM—I.I.22
PLANNING
CITY COUNCIL
ITEM#70712
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
v
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4005 Atlantic Avenue, Unit 102
Zoning
Parking Lot Drive Aisle m ...... _Feet
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138
ITEM—I.I.23
PLANNING
PLANNING COMMISSION
ITEM#70713
Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission
APPROVED,AS CONDITIONED, BY CONSENT,Application of PROLIFIC PROPERTIES,LLC for
a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 1047
Coastaway Drive and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
August 25, 2020
139
ITEM—I.I.23
PLANNING
PLANNING COMMISSION
ITEM#70713
(Continued)
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 9-0
Planning Commission Members Voting Aye:
Steve Barnes, John H. Coston, Walter Graham, Donald Horsley,
Michael Inman, Dee Oliver, David Redmond, Jack Wall and David
Weiner
Planning Commission Members Absent:
George Alcaraz
Robyn Klein
August 25, 2020
140
ITEM—I.I.23
PLANNING
CITY COUNCIL
ITEM#70713
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of PROLIFIC PROPERTIES,LLCfor a Conditional Use
Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PROLIFIC PROPERTIES, LLC for a Conditional Use Permit re short
term rental at 1047 Coastaway Drive(GPIN 2417656259)DISTRICT 6—
BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 1047
Coastaway Drive and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c' below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
August 25, 2020
141
ITEM—I.I.23
PLANNING
CITY COUNCIL
ITEM#70713
(Continued)
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three (3)two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand
Twenty.
August 25, 2020
142
ITEM—I.I.23
PLANNING
CITY COUNCIL
ITEM#70713
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
15
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143
ITEM—I.I.24
PLANNING
PLANNING COMMISSION
ITEM#70714
The following registered to speak:
Lisa Murphy,Attorney for Applicant, 440 Monticello Avenue#2200,Phone: 628-5540, spoke in SUPPORT
John Keenan,Applicant, 410 Terrace Avenue, Phone: 619-857-8764, did not respond
Paige Miyares, Property Manager, 1724 German Lane, Phone:201-2888, spoke in SUPPORT
Yvonne Pakson, 3212 Blue Ridge Court, Phone: 348-3217, spoke in SUPPORT
Luis Vilches, 2196 Teasdale Drive, Phone: 831-9147, spoke in SUPPORT
Angela Ratliff, 412 Terrace Avenue, Phone: 613-3300, spoke in OPPOSITION
Jeff Stratton, 408 Terrace Avenue, Phone: 746-6673, spoke in OPPOSITION
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Lisa Pompa, 415 Terrace Avenue, Phone: 621-0640, spoke in OPPOSITION
Upon motion by Commissioner Graham, seconded by Vice Chair Weiner, Planning Commission
APPROVED,AS CONDITIONED,Application of JOHNKEENANfor a Conditional Use Permit re short
term rental at 410 Terrace Avenue DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 410 Terrace
Avenue and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The garage space within the unit must remain a minimum of 18-feet by 18-feet, contain a
minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to
ensure vehicular accessibility to the Short Term Rental tenants.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2)
residential passes only. Guest permits and temporary permits through the RPPP shall not
be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
0) 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).
August 25, 2020
144
ITEM—I.I.24
PLANNING
PLANNING COMMISSION
ITEM#70714
(Continued)
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through 'c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a) A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b) Copies of the Commissioner of Revenue's Office receipt of
registration; and
c) Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rental.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than twe-(-2)one(1)rental contracts during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
August 25, 2020
145
ITEM—I.I.24
PLANNING
PLANNING COMMISSION
ITEM#70714
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be thrcc(3)two (2) individuals per bedroom.
18. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 5-3
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Michael Inman, David Redmond and
David Weiner
Planning Commission Members Voting Nay:
Donald Horsley, Dee Oliver and Jack Wall
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
146
ITEM—I.I.24
PLANNING
CITY COUNCIL
ITEM#70714
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED
Application of JOHNKEENANfor a Conditional Use Permit re short term rental at 410 Terrace Avenue
DISTRICT 6—BEACH
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, and Sabrina D. Wooten
Council Members Voting Nay:
Vice Mayor James L. Wood
Council Members Absent:
None
August 25, 2020
147
ITEM—I.I.25a/b/c/d
PLANNING
PLANNING COMMISSION
ITEM#70715
The following registered to speak:
Randy Tabor, Applicant, 2940 Adam Keeling Road, Phone: 581-1282, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Chair Weiner, seconded by Commissioner Redmond, Planning Commission
APPROVED,AS CONDITIONED,Application of LONGCREEK,LLCfor a Conditional Use Permit re
short term rental at 4005 Atlantic Avenue, Units 110, 111, 210& 212 DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue, Units 110, 111, 210& 212. and the Short Term Rental use shall only occur in the
principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. As shown on the Parking Plan illustration within the "Site Layout&Parking Plan"section
of the Staff report, one (1) off-street, all-weather, hard surface parking space is required
and must always be available to the Short-Term Rental occupants renting the unit.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notify the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
.(21) 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.
August 25, 2020
148
ITEM—I.I.25a/b/c/d
PLANNING
PLANNING COMMISSION
ITEM#70715
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be thrcc (3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
149
ITEM—I.I.25a/b/c/d
PLANNING
PLANNING COMMISSION
ITEM#70715
(Continued)
Voting: 8-0
Planning Commission Members Voting Aye:
John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee
Oliver, David Redmond, Jack Wall and David Weiner
Planning Commission Members Absent:
George Alcaraz, Steve Barnes and Robyn Klein
August 25, 2020
150
ITEM—I.I.25a/b/c/d
PLANNING
CITY COUNCIL
ITEM#70715
Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS
CONDITIONED,Application of LONGCREEK,LLC for a Conditional Use Permit re short term rental
at 4005 Atlantic Avenue, Units 110, 111, 210&212 DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LONGCREEK,LLC for a Conditional Use Permit re short term rental at
4005 Atlantic Avenue, Units 110, 111, 210 & 212 (GPIN 2428051448)
DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue, Units 110, 111, 210&212. and the Short Term Rental use shall only occur in the
principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. As shown on the Parking Plan illustration within the "Site Layout&Parking Plan"section
of the Staff report, one (1) off-street, all-weather, hard surface parking space is required
and must always be available to the Short-Term Rental occupants renting the unit.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing,zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight (number of bedrooms times three two
(2)) on the property where the Short Term Rental is located. This Short Term Rental may
not request or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
August 25, 2020
151
ITEM—I.I.25a/b/c/d
PLANNING
CITY COUNCIL
ITEM#70715
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than two(2)one(1)rental contracts during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
August 25, 2020
152
ITEM—I.I.25a/b/c/d
PLANNING
CITY COUNCIL
ITEM#70715
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand
Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
August 25, 2020
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153
ITEM—I.I.26
PLANNING
CITY COUNCIL
ITEM#70716
The following registered to speak:
Thomas Kiernan, 5145 Ruritan Court, Phone: 705-6337, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED,Application of KEMPSVILLE VOLUNTEER RESCUE SQUAD,INC./CITY OF
VIRGINIA BEACH — Resolution to APPROVE a freestanding sign in accordance with City Zoning
Ordinance (CZO) Section 905 0(5) for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2 —
KEMPSVILLE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
1 A RESOLUTION AUTHORIZING A FREESTANDING
2 SIGN IN ACCORDANCE WITH CITY ZONING
3 ORDINANCE SECTION 905(f)(5) FOR THE KEMPSVILLE
4 VOLUNTEER RESCUE SQUAD, INC. ALONG SOUTH
5 WITCHDUCK ROAD
6
7 WHEREAS, the Kempsville Volunteer Rescue Squad, Inc., (hereinafter the
8 "Applicant), located at 420 S. Witchduck Road (Kempsville District), is located in the
9 Historic Kempsville District which requires authorization from City Council to erect a
10 freestanding sign identifying the Kempsville Volunteer Rescue Squad location; and
11
12 WHEREAS, the Applicant has requested that it be allowed to erect free-standing
13 sign that will identify the Kempsville Volunteer Rescue Squad property; and
14
15 WHEREAS, the City Council finds that the sign is consistent with the purpose
16 and intent of the Historic Kempsville Area Master Plan and the City Zoning Ordinance.
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the placement of the freestanding sign by the Applicant is hereby
22 authorized, upon the following conditions:
23
24 1. When installed, the sign shall be installed in substantial conformance to the
25 location shown on the exhibit entitled: SIGN LOCATION FOR KEMPSVILLE
26 VOLUNTEER RESCUE SQUAD," prepared by Kimley Horn.
27 2. When constructed, the design of the sign shall be in substantial conformance
28 with the submitted exhibit entitled, "SITE SIGN DESIGN PLAN FOR
29 KEMPSVILLE VOLUNTEER RESCUE SQUAD."
30 All conditions of the Conditional Use Permit for an Open-Air Market dated June
31 16, 2015 are null and void and are replaced with the above.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day
of August , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Departme City ttor 's Office
CA15118/R-1/July 19, 2020
1
154
ITEM—I.I.27
PLANNING
CITY COUNCIL
ITEM#70717
Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council DEFERRED
TO SEPTEMBER 22,2020,Application of WESTMINSTER CANTERBURY ON CHESAPEAKE BAY
for a Modification of Conditions re home for the aged, disabled & handicapped at 3100 Shore Drive
(Approved November 14, 1977)DISTRICT 5—LYNNHAVEN
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley,John D. Moss,Aaron R. Rouse, Guy K. Tower, and
Sabrina D. Wooten
Council Members Abstaining:
Louis R.Jones, Rosemary Wilson and Vice Mayor James L. Wood
Council Members Absent:
None
August 25, 2020
ok
5 ity of Vir iriia Beach
q9/Fs S 9�
OF ouR moot',
LOUIS R.JONES PHONE: (757)583-0177
COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669
Refer to File No.0067676
July 28, 2020
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Westminster Canterbury on Chesapeake Bay for a
modification of conditions to a conditional use permit for property located at 3100
Shore Drive.
2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk,
Virginia. Several years ago, Holloman-Brown Funeral Home entered into a
contract for services with the applicant, and that agreement remains in effect.
3. I will abstain from participating in the City Council's consideration of this item.
Please record this declaration in the official records of the City Council. Thank you.
Sincerely,
IN
Louis R. Jone
Councilmember
LRJ/RRI
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
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L OF.:OUR N1,1‘°I., 4
ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX: (757)385-5669
Refer to File No.0067730
August 25, 2020
Mrs. Amanda Barnes, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code §2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and vote
on the application of Westminster Canterbury on Chesapeake Bay for a modification of
conditions for property located at 3100 Shore Drive.
2. I am a real estate agent affiliated with Howard Hanna, and I have a personal interest in
the company because I receive commissions from the company. Its Oceanfront office is
located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Mr. Richard B.
Thurmond serves as Chairman of the Board of Howard Hanna Real Estate Services for
Virginia and North Carolina. He also serves as Chairman of the Board of Westminster
Canterbury on Chesapeake Bay.
3. I will abstain from voting on this application.
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451
Mrs. Amanda Barnes -2- August 25,2020
Re: Disclosure and Abstention Pursuant to Virginia Code§ 2.2-3115(F)
Sincerely,
Rosemary A. W n
Councilmember
RAW/RRI
o1N1A BE4
o
City Of Virginia. Bea_CIl
9,9�s •e..: 44,6
Op OUR twoO
VBgov.corn
JAMES L.WOOD MUNICIPAL CENTER
VICE MAYOR BUILDING 1,ROOM 281
DISTRICT 5—LYNNHAVEN 2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)785-4342
FAX(757)340-2082
JLWOODI®VBGOV.COM
Refer to File No. 0067706
August 25, 2020
Mrs. Amanda Barnes, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the application of Westminster Canterbury on Chesapeake Bay for a
modification of conditions for property located at 3100 Shore Drive.
2. Shore-Urchin, L.L.C. owns property adjacent to the property that is the subject of
this application and that is located at 2301 Urchin Road. I have a personal interest
in Shore-Urchin, L.L.C. Its principal office address is 208 Ash Avenue, Suite 101,
Virginia Beach, VA 23452.
3. I am abstaining from voting on this application.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
J. -s L. Wood
Vi'e Mayor
JLW/RRI
155
ITEM—I.J
APPOINTMENTS
ITEM#70718
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
WETLANDS BOARD
August 25, 2020
156
ITEM—I. J
APPOINTMENTS
ITEM#70719
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
GUYK. TOWER
(District 6—Beach)
ROSEMARY WILSON
(At-Large)
No Term
CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
157
ITEM—I. J
APPOINTMENTS
ITEM#70720
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
BILL COLEY
MIKE EASON
BARRY FRANKENFIELD
(Adjusted Council Member Abbott's appointment from Member to Council Liaison)
No Term
PROCESS IMPROVEMENT STEERING COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
158
ITEM—I. J
APPOINTMENTS
ITEM#70721
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
LISA VARGA
Four year term 9/1/2020-8/31/2024
PUBLIC LIBRARY BOARD
T
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
August 25, 2020
159
ADJOURNMENT
ITEM#70722
Mayor Robert M. Dyer DECLARED the City Council JOINT SPECIAL FORMAL MEETING WITH
PLANNING COMMISSION ADJOURNED at 12:55 A.M. (August 26, 2020)
Terri H. Chelius
Chief Deputy City Clerk
mand 'Barnes,MMC
City CI rk
Dee Oliver
Chair, Planning Commission
Robert M. Dyer
Mayor
August 25, 2020