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HomeMy WebLinkAbout09-08-2020 SPECIAL SESSION AGENDAS CITY OF VIRGINIA -,EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 031A.13EA MAYOR ROBERT M. "BOBBY"DYER,At Large �4, c'S!L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 4 '04`- JESSICA P.ABBOTT Kempsville—District 2 a 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 U ' 16. ry BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 JOHN D.MOSS,At Large 4444k4- AARONR.ROUSE,At Large °F °°. GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICKA.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL SPECIAL SESSION AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDON S.REMIAS CITY CLERK—AMANDA BARNES September 8,2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer-Virginia Beach Convention Center-3:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFING A. DRAFT 2021 LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager for Government and Military Affairs III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. RECESS TO CLOSED SESSION -Virginia Beach Convention Center- 4:30 PM VI. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION VII. ADJOURNMENT Glit.BA'BEAc •o City of Viri_nia Beach U � _ S94S S 0�v OF ova NA.(‘pN ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 BDYEROVBGOV.COM September 3, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,September 8, 2020 3:00 P.M. Virginia Beach Convention Center 100019`"Street The purpose of this SPECIAL SESSION is to allow City Council to hold a City Manager briefing, City Council comments, and agenda review, at the Virginia Beach Convention Center. At 4:30 p.m., City Council will convene into a Closed Session. At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office CITY OF VIRGINIA -,EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large SQ�'` B�C VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 �4 JESSICA P.ABBOTT,Kempsville—District 2 :% MICHAEL F.BERLUCCH C I,Rose Hall—District 3 1\ ;�_ ^y BARBARA M.HENLEY,Princess Anne—District 7 a � .� LOUIS R.JONES,Bayside—District 4 a- JOHND.MOSS,At Large '+, • AARONR.ROUSE,At Large °• OUR M00° GUY K.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICK A.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL JOINT E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDON S.REMIAS SPECIAL FORMAL SESSION CITY CLERK—AMANDA BARNES WITH PLANNING COMMISSION September 8, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer- Virginia Beach Convention Center- 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF PLANNING COMMISSION AND CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. MINUTES SPECIAL SESSION September 1, 2020 JOINT SPECIAL SESSION September 1, 2020 F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. PLANNING 1. MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM, & WILLIAM WARNOCK for an Alteration to Existing Nonconformity re expand second story and add a new roof to an existing duplex at 213 & 215A 69th Street DISTRICT 5 — LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 2. CHURCH OF THE ASCENSION/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administration office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 3. LINDA M. ADDISON for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1717 Dancers Court DISTRICT 1 —CENTERVILLE STAFF RECOMMENDATION: APPROVAL 4. RYCHAE LYNEA REED /JOAQUIN V. CASTRO for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 5. EMMANUEL B. PLATON/METRO HOLDINGS,LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 6. LORNA C. DONATONE, QPRT AND SCOTT & KATHERINE MORIN for a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT 5 — LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 7. INKCREDIBLE TATTOO, LLC /DAM NECK CROSSING,LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7—PRINCESS ANNE STAFF RECOMMENDATION: APPROVAL 8. VOGUE LASHES & SPA/LASKIN ROAD, LLC for a Conditional Use Permit re tattoo parlor at 993 Laskin Road DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 9. HMC, LLC/MINH VUONG for a Conditional Use Permit re short term rental at 4669 Merrimac Lane DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 10. EMILY PERDONCIN & DENNIS SMITH for a Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 11. VACATION PROPERTIES, LLC /SEAN & TIJUANA BELL for Conditional Use Permits re short term rentals at 304 28th Street: a. Unit 310 b. Unit 311 DISTRICT—6 BEACH STAFF RECOMMENDATION: APPROVAL 12. ALLEN PRINCE for Conditional Use Permits re short term rentals at 525 21 st Street: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 13. MISSION ENTERPRISES, LLC for a Conditional Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 14. JANET MARINO for a Conditional Use Permit re short term rental at 951 Maryland Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 15. ARICA & MELVIN L. ATKINS, III for Conditional Use Permits re short term rentals at 598 Pinewood Drive: a. Unit 203 b. Unit 208 DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 16. TERI CHAMPION/AT SEA CABIN, LLC for a Conditional Use Permit re short-term rental at 323 Norfolk Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL H. 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 HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD I. UNFINISHED BUSINESS J. NEW BUSINESS K. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents)is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your reauest to omc2rawlavbt7ov.com or call 385-4303. Gity of Virginia B each "144 6y4tt 0 Up OUR NAZ\-N9 VBgov com ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 BDYEROVBGOV.COM September 3, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, and with the consent of the Planning Commission Chair, I hereby call for a JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,September 8, 2020 6:00 P.M. Virginia Beach Convention Center 1000 19th 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 and the Planning Commission will hold a 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.trebex.com/vbgov/onstage/g.php?MTID=e8c4a93da 74b616c717d69ccac138c9c8 •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 September 8, 2020 This Joint Special Formal Session will be streamed live on ivlvly.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 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer-Virginia Beach Convention Center- 3:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFING A. DRAFT 2021 LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager for Government and Military Affairs III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. RECESS TO CLOSED SESSION - Virginia Beach Convention Center- 4:30 PM VI. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION VII. ADJOURNMENT MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer-Virginia Beach Convention Center - 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF PLANNING COMMISSION AND CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. MINUTES SPECIAL SESSION September 1,2020 JOINT SPECIAL SESSION September 1,2020 F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. PLANNING 1. MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM, & WILLIAM WARNOCK for an Alteration to Existing Nonconformity re expand second story and add a new roof to an existing duplex at 213 &215A 69th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 2. CHURCH OF THE ASCENSION/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administration office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 3. LINDA M. ADDISON for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1717 Dancers Court DISTRICT 1 —CENTERVILLE STAFF RECOMMENDATION: APPROVAL 4. RYCHAE LYNEA REED/JOAQUIN V. CASTRO for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 5. EMMANUEL B. PLATON/METRO HOLDINGS, LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 6. LORNA C. DONATONE, QPRT AND SCOTT & KATHERINE MORIN for a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT 5 — LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 7. INKCREDIBLE TATTOO, LLC /DAM NECK CROSSING, LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7—PRINCESS ANNE STAFF RECOMMENDATION: APPROVAL 8. VOGUE LASHES & SPA/LASKIN ROAD, LLC for a Conditional Use Permit re tattoo parlor at 993 Laskin Road DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 9. HMC, LLC /MINH VUONG for a Conditional Use Permit re short term rental at 4669 Merrimac Lane DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 10. EMILY PERDONCIN & DENNIS SMITH for a Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 11. VACATION PROPERTIES, LLC/ SEAN & TIJUANA BELL for Conditional Use Permits re short term rentals at 304 28th Street: a. Unit 310 b. Unit 311 DISTRICT—6 BEACH STAFF RECOMMENDATION: APPROVAL 12. ALLEN PRINCE for Conditional Use Permits re short term rentals at 525 21 st Street: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 13. MISSION ENTERPRISES,LLC for a Conditional Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 14. JANET MARINO for a Conditional Use Permit re short term rental at 951 Maryland Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 15. ARICA & MELVIN L. ATKINS, III for Conditional Use Permits re short term rentals at 598 Pinewood Drive: a. Unit 203 b. Unit 208 DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 16. TERI CHAMPION/AT SEA CABIN, LLC for a Conditional Use Permit re short-term rental at 323 Norfolk Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL .itsi"ttle\;% 4�s i w v+`Of NOTICE OF PUBLIC HEARING A joint meeting of the City Council of the City of Virginia Beach and the Virginia Beach Planning Commission will be held in the Virginia Beach Convention Center,located at 1000 19th Street,Virginia Beach,Virginia,on Tuesday,September 8,2020 at 8:00 p.m.,at which time the following applications will be heard: Melissa&Paul Venable[Applicants]Melissa&Paul Venable,Kevin&Elizabeth Baum,&William Warnock [Owners]Alteration to Existing Nonconformity 213&215A 69th Street(GPINs 24196448890213& 24196448890215)COUNCIL DISTRICT-LYNNHAVEN Church of the Ascension[Applicant]The Roman Catholic Diocese of Richmond[Owner]Modification of Conditions(Religious Use)4853 Princess Anne Road(GPIN 1476064464)COUNCIL DISTRICT- KEMPSVILLE Linda M.Addison[Applicant&Owner]Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) 1717 Dancers Court(GPIN 1465508986)COUNCIL DISTRICT-CENTERVILLE RyChae LyNea Reed[Applicant]Joaquin V.Castro[Owner]Conditional Use Permit(Family Day-Care Home) 1674 Dylan Drive(GPIN 1465046346)COUNCIL DISTRICT-KEMPSVILLE Emmanuel B.Platon[Applicant]Metro Holdings,LLC[Owner]Conditional Use Permit(Automotive Repair Garage)5044 Cleveland Street(GPIN 1467846647)COUNCIL DISTRICT-BAYSIDE Lorna C.Donatone,QPRT[Applicant]Lorna C.Donatone,QPRT and Scott&Katherine Morin[Owners] Conditional Use Permit(Community Boat Dock)1421&1423 Blue Heron Road(GPINs 1498584496& 149858.E+910)COUNCIL DISTRICT-LYNNHAVEN INKcredible Tattoo,LLC[Applicant]Dam Neck Crossing.LLC[Owner]Conditional Use Permit(Tattoo Parlor) 1630 General Booth Boulevard,Suite 112(GPIN 2415541078)COUNCIL DISTRICT-PRINCESS ANNE Vogue Lashes&Spa[Applicant]Laskin Road,LLC[Owner]Conditional Use Permit(Tattoo Parlor)993 Laskin Road(GPINs 2418711270&2418710188)COUNCIL DISTRICT-BEACH HMC,LLC[Applicant]Minh Vuong[Owner]Conditional Use Permit(Short Term Rental)4669 Merrimac Lane (GPIN 1478318103)COUNCIL DISTRICT-BAYSIDE Emily Perdoncin&Dennis Smith[Applicants and Owners]Conditional Use Permit(Short Term Rental)2306 Oak Street(GPIN 1590417323)COUNCIL DISTRICT-LYNNHAVEN Vacation Properties,LLC[Applicant]Sean&Tijuana Bell[Owners]Conditional Use Permits(Short Term Rentals)304 28th Street,Units 310&311(GPINs 24280028663010&24280028663011)COUNCIL DISTRICT-BEACH Allen Prince[Applicant&Owner]Conditional Use Permit(Short Term Rental)525 21st Street,Unit A(GPIN 2417986178)COUNCIL DISTRICT-BEACH Allen Prince[Applicant&Owner]Conditional Use Permit(Short Term Rental)525 21st Street,Unit B(GPIN 2417986178)COUNCIL DISTRICT-BEACH Mission Enterprises,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)517 Virginia Beach Boulevard(GPIN 2427062651)COUNCIL DISTRICT-BEACH Janet Marino[Applicant&Owner]Conditional Use Permit(Short Term Rental)951 Maryland Avenue(GPIN 2417834418)COUNCIL DISTRICT-BEACH Arica Atkins&Melvin L.Atkins,Ill[Applicants&Owners]Conditional Use Permits(Short Term Rentals)598 Pinewood Drive,Units 203&208(GPINs 24270434561046&24270434561041)COUNCIL DISTRICT- BEACH Teri Champion[Applicant]At Sea Cabin,LLC[Owner]Conditional Use Permit(Short-Term Rental)323 Norfolk Avenue(GPIN 24271464730026)COUNCIL DISTRICT-BEACH Copies of the proposed plans,ordinances,resolutions and amendments are on file and may be examined by appointment in the Department of Planning at 2875 Sabre St,Suite 500,Virginia Beach,VA,23452 or online at htto://www.vbgov.com/oc.For information call 385-4621. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at httos//vbvov.webex com/vtrgov/onstage/g oho7MTID=e8c4a93da74h616c717d69c nf.1 t8c9c8 •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 September 8,2020 If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at(757)385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. Please provide the Virginia Relay operator the login information for the Webex and the operator will login to allow participation for individuals with hearing disabilities. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON-AUGUST 23&30,2020-1 TIME EACH :•-k..1-_--\ \ \ 1_40001-\ - -a '., , ' - ....„.= -,.. s ,, z.. .\x )71- 1 .r in I Lr) :\ \ ,- _ . \ —-1--- V 1 , �-, O L-- O �� 4,0 Z \ _ a) 1 ----------1----\-------- ____--- Mull li „Li, EN \ ts) S o ',, 40.11\ --- , ____-- \ : ( C a-+ W ...: ( co W N•—MIMEO co,dt \i' * i _ 2N \----\ 1 - 0 \ \----\ CA 0 V.----3 ... - '''''i, i cn o , 15 Q \__________ To a75 T _IO r' in a` N a m a 0 1 , tt N Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM [Applicant] MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM, & WILLIAM WARNOCK [Property Owner] Alteration to Existing Nonconformity for the property located at 213 & 215A 69th Street (GPINs 24196448890213, 24196448890215), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 21 , 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicants are seeking an Alteration to the Existing Nonconformity to expand the second story of an existing duplex on a lot located in the North End that contains three dwelling units. The proposed changes to the duplex include a new roof and the addition of a roof dormer on the rear of the structure. As the site is zoned R-5R (NE) Residential District, three dwelling units on one lot is not a permitted use within this zoning district; therefore, the use is nonconforming. The duplex and a detached structure located on the rear of the property were both built in 1960 and have been found legally nonconforming based on the zoning of the property at the time they were built. The applicants each own one of the units of the duplex which is the subject of this application. The detached structure is under separate ownership and is not proposed to be upgraded or modified, and; therefore, is not subject to this request. • Considerations: The proposed expansion of the second story living space will not have a negative impact on surrounding properties. The resulting additional square footage will not increase the building footprint or height of the structure. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex residence and with other residential structures in the vicinity. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. Melissa & Paul Venable, Kevin & Elizabeth Baum Page 2 of 2 • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213 & 215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department '/ City Manager: fp? IIN/ Applicant Melissa & Paul Venable, Kevin & Elizabeth Baum Agenda Item Owner Melissa & Paul Venable, Kevin & Elizabeth Baum, j and William Warnock Public Hearing September 8, 2020 Virginia Beach City Council Election District Lynnhaven Request Alteration to Existing Nonconformity Staff Recommendation Approval Staff Planner Bill Landfair Location 213 & 215A 69th Street GPINs 24196448890213, 24196448890215 • Site Size 0.20 acres or 8,700 square feet AICUZ Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Duplex&single-family dwellings/ R-5Rry Residential (NE) Surrounding Land Uses and Zoning Districts t "t North j J Single-family dwelling/ R-5R Residential (NE) i South ` . \ . t `a 69th Street L. r Single-family dwelling/ R-5R Residential (NE) • East Single-family dwelling/ R-5R Residential (NE) West Single-family dwelling/ R-5R Residential Melissa & Paul Venable Agenda Item 1 Page 1 Background & Summary of Proposal • This a request for an Alteration to the Existing Nonconformity to expand the second story of an existing duplex on a lot located in the North End that contains three dwelling units. As the site is zoned R-5R (NE) Residential District, three dwelling units on one lot is not a permitted use within this zoning district. • The applicants own both units of the duplex which is the subject of this application.The unit within the detached structure on the rear of the property is under separate ownership. • The proposed changes to the duplex include a new roof and the addition of a roof dormer on the rear of the structure that will increase each unit by 439 square feet,for a total of 878 square feet.Other planned upgrades to the duplex that do not require City Council action include interior renovations, repointing of the exterior brick, and additional landscaping. • In 1997,documents were recorded in the City Clerk's office creating a three-unit residential condominium in two structures. The three units were identified as Unit 213 (the eastern unit in the duplex structure), Unit 215A(the western unit in the duplex), and Unit 215E (the single-family unit located in the detached structure to the north of the duplex). According to City records,the duplex was built in 1960. • Unit 215E was also built in 1960 according to City records. It was built as a two-story garage apartment,with the living area located over the garage,and has never been added on to or renovated according to the applicants. The current owner purchased the property in 2014. Based on the 1954 Zoning Ordinance for Princess Anne County,the applicable zone for the property at the time the buildings were constructed was R-D2 which permitted duplexes and garage apartments on a single lot. As such,the property is considered legally nonconforming. suset Zoning History # Request 0,1 % 1111 1 SVR(Lot Width and Lot Area Reduction)Approved C-1 3 /, 05/13/1998 � CI) 2 NON (Enlargement of Nonconforming Structure) P t � Approved 12/8/2009 Mw 3 STV(Subdivision Variance)Approved 08/14/2012 4 CUP(Short Term Rental)Pending \R 5R(N ) Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Melissa & Paul Venable Agenda Item 1 Page 2 Evaluation & Recommendation In Staff's opinion, the proposed expansion of the second story living space with the addition of a dormer will not have a negative impact on surrounding properties. The resulting additional square footage will not increase the building footprint or height of the structure. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex residence and with other residential structures in the vicinity. Therefore, in Staffs opinion,the expansion of the second floor by a total of 878 square feet is a reasonable request. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the conditions noted below. Recommended Conditions 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213&215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated 1/9/2020,and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located in the Suburban Focus Area 7, North End,which is located on both sides of Atlantic Avenue from 42' Street to 89th Street. This area is characterized by a compact arrangement of single-family and duplex dwellings units with much of the land zoned Residential Resort District(R-5R) and high impervious surface coverage and problematic topographic conditions,which create recurring stormwater drainage problems. Improvement and reconstruction should use porous materials for driveways,walkways and other similar surfaces,wherever feasible,to achieve a net reduction of impervious coverage. Attractive and high-quality materials capable of withstanding severe weather events should be used. Melissa& Paul Venable Agenda Item 1 Page 3 Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 69th Street No Data Available' 9,900 ADT'(LOS°"D") Existing Land Use 2—30 ADT Proposed Land Use 3—30 ADT Atlantic Avenue 14,050 ADT(2018) 1 22,800 ADT'(LOS 4"D") 'Average Daily Trips 2 as defined by two duplexes 3 as defined by two duplexes and a °LOS=Level of Service and a single-family dwelling single-family dwellings Access to the property is located on 69to Street. 69cn Street is a two-lane local street with an 80-foot right-of-way width. Atlantic Avenue in the vicinity of this site is a four-lane undivided minor urban arterial with a 120-foot right-of-way width. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. Melissa & Paul Venable Agenda Item 1 Page 4 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Melissa & Paul Venable Agenda Item 1 Page 5 Ordinance A RESOLUTION AUTHORIZING THE EXPANSION OF 2 NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 213 AND 215A 69TH STREET 4 5 WHEREAS, Melissa and Paul Venable and Kevin and Elizabeth Baum (the 6 "Applicants") have made application to the City Council for authorization to expand the 7 nonconforming structures located on 69th Street and zoned R-5R (NE) Residential Zoning 8 District, by the addition of a dormer addition to both sides of the duplex dwelling on the 9 parcel; 10 11 WHEREAS, this parcel currently contains three (3) dwelling units which is not 12 allowed in the R-5R Zoning District, but they were built prior to the adoption of the 13 applicable zoning regulations and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on May 13, 2020; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of nonconforming structures is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structures, as expanded,will be 21 equally appropriate or more appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures, as expanded, will 27 be equally appropriate to the district as is the existing nonconforming structures under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the nonconforming structures is hereby authorized, upon the 34 following conditions: 35 36 1. The expansion of the building shall be in substantial conformance with the 37 submitted site layout exhibit entitled, "213 & 215 69'h STREET RESIDENTIAL 38 CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land 39 Planning Solutions,which has been exhibited to the Virginia Beach City Council 40 and is on file in the Department of Planning and Community Development. 41 42 2. The exterior of the proposed improvements shall substantially adhere in 43 appearance, size and materials to the submitted elevations entitled"VENABLE 44 RESIDENCE ELEVATION", dated 2/4/2020, and prepared by Land Planning 45 Solutions, which have been exhibited to the Virginia Beach City Council and 46 are on file in the Department of Planning and Community Development. Melissa & Paul Venable Agenda Item 1 Page 6 Ordinance 47 48 3. The floor area of the proposed improvements shall substantially conform to the 49 dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC 50 ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning 51 Solutions, which has been exhibited to the Virginia Beach City Council and is 52 on file in the Department of Planning and Community Development. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Robert (Bobby) Tajan B. Kay Wilson Planning and Community City Attorney's Office Development CA15042 R-2 March 25, 2020 2 Melissa & Paul Venable Agenda Item 1 Page 7 Conceptual Master Plan 'A . • e�� aHl ill .l4 01 Fil e It. f O N N E H ® *s" coo vow —.TA ` \ ‘ -AI: , ...0.10a in/ ,-.45---A/' 0 * ima 4. � E, � E o a--� ,ti rnfa- cn T-_rzrl_Z- 511 Go „ilu�o' ; y V T O .� 7 .-� 22 Ng N Wu C$N i� p� d 1% N U s E 61 8 1 tL t {s : �a =e aB MY:ii-ow Ye ti 4.11.1d',NM+i MYYYY WwYc.r\_-+n_..... apiuna Melissa & Paul Venable Agenda Item 1 Page 8 Dormer Addition Elevation ". 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Melissa & Paul Venable Agenda Item 1 Page 11 Disclosure Statement Virginia Beach APPLICANT'S NAME Melissa&Paul Venable DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for _ SEDIP) Board of Zoning Encroachment Request Rezoning A eats Certificate of Floodplain Variance Appropriateness Street Closure (historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit Ucense Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disdosures must be updated two(2)weeks prior to arty l Page 1 of 7 Flnnnin Commission and City Council meeting that pertains to the auplication(s). O APPUCANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE: OR_75 2070 BL • REVISIONS SUBMITTED DATE: Melissa & Paul Venable Agenda Item 1 Page 12 Disclosure Statement Virginia Beach Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. --77�� II`` (A) List the Applicant's name:- 4.1LfiSB�_ _S _Y{d1.a.bie. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) fro/� See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ECheck here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. I I Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: S P444-1 \Le/IA-hiti If an LLC, list the member's names: Page 2 of 7 Melissa & Paul Venable Agenda Item 1 Paee 13 Disclosure Statement 'ISM Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner In one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share actMtles, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Melissa & Paul Venable Agenda Item 1 PaEe 14 Disclosure Statement k/B v APPLICANT im Beat. YES NO SERVICE [PROVIDER(use additional sheets If I needed)__._ ❑ [ I Accounting and/or preparer of I your tax return f L ❑ i Architect/Landscape Architect/ Ld 4 Vta�nn.tn� soLI,3iD ns) Land Planner int. PAG{w6bwJrdrtAkle El ,��/�( Contract Purchaser(if other than i the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ �JI purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) i Er Construction Contractors Engineers/Surveyors/Agents rfi 1 nr►trt,A S lu �as� ❑ Lira. �t riL• Financing(include current ..JJ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 2 Legal Services El2/ Real Estate Brokers / Agents/Realtors for current and I anticipated future sales of the subject property f —� SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development ❑ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Melissa & Paul Venable Agenda Item 1 Page 15 Disclosure Statement ,V3„, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this i Application. 1 �-' A,Aut. 0.vEavae3i-E-Zi_ t-%3-2u zc c f S SIGNATURE PRINT NAME_ ` DATE 4 fA� `' �'f ',..._- • Mdf55 VC-Kaki6 I-13.20z Page 5 of 7 Melissa & Paul Venable Agenda Item 1 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application *r/ k(.6V tcJ g�q ,.� 2—IZ— .• . 11, ii.,A2.0.c.._ct'T'S SIGNATURE PRINT NAME DA'E t<et6c11•\... tgba,u4M 2-12-le - Page 5 of 7 Melissa & Paul Venable Agenda Item 1 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Melissa & Paul Venable Agenda Item 1 Page 18 The verbatim of the May 27,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 8,2020,again due to advertising error. Items#3 Melissa &Paul Venable Alteration to Existing Nonconformity 213&215A 69th Street May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David 1 Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: Seeing no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. 2 Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. Mr. Landfair: Thank you. The next item on consent is item number three, Melissa and Paul Venable a request for an alteration to the existing nonconformity to expand the second story of an existing duplex at 213 and 215-A, 69th Street in the Lynnhaven District. The applicant's representative is Ms.Melissa Venable. Ms. Venable when you begin speaking, please first identify yourself for the record and indicate whether you found the conditions acceptable. Ms. Venable, the floor is yours. Please pause three seconds before speaking so that we can unmute your microphone. Thank you. Ms. Venable: Thank you, this is Melissa Venable, I am representing self. I support the staff's recommendations. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213 85 215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 i5t_ LL FE' o r. 0 .. .Q ❑ t— in ii. 0 / fit I o M M _ai N N 41"'"' (--) 0-N o ---. a<‘.v7,,;'- ,,, ct. , . - 0 *0-,_,,,:,____,,,,,„, ,,, ._ ,„.rd-,,c2 ,r) %, .. e' o eS.' - 0 ee 40 G °o / ,Nr. , oyQ T4filits:. a) w \.\\ :...,11-,_,-, , '-i..,,, . . \. - psv • reN . (a ��.s \*. 6 \ o a�e .4 ct . . , `�. � ,o aw • `W 4 \ : '= 1J - • N o2:2 � 'i N� o ��de \ il, \ Cf-Ce' -h, p i-_' a- o o `;i � � 4*--- ./1 ,P. AV ... (.1 -4,_ ersp-,-------Al '"^/-- j p fl R P_ L. — ,A 0o a o u •c� c as " ,' 'o / f1- c e, Quo To Is 30 tz . 0 6 �'� � ����• off, T J lt cm ED En 0 \,,>� 4hyo I a c Y �� u) a N d m a° - 1,7:, .,' M[ 10 IL v�nu-sere rof Ly �JI CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: CHURCH OF THE ASCENSION [Applicant] THE ROMAN CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions (Religious Use) on property located at 4853 Princess Anne Road (GPIN 1476064464), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on June 10, 2020 and by the City Council on July 21, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The church was built in 1965, prior to the necessity of a Religious Use to obtain a Conditional Use Permit. Starting in 1985, the City Council subsequently approved additions to the church for a Sunday school building, parking lot extension, residential facility for adults, and columbarium. The applicant is now requesting to expand the church building by 2,800 square feet with a one-story administrative office. The proposed addition requires a Modification of the Conditional Use Permit. • Considerations: The addition is designed to complement the architecture and character of the existing building. There is ample parking within the existing parking lot to meet the needs of the church as well as the requirements of the Zoning Ordinance. The request remains in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. Church of the Ascension Page 2 of 2 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan - Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated April 20, 2020, and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division; the Health Department; and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Virginia Beach Department of Planning & Community Development, Zoning Office for review and permitting prior to the installation of any new signage. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. pSubmitting Department/Agency: Planning Department � City Manager: IN 44\)1Applicant Church of the Ascension Agenda Item B- owner The Roman Catholic Diocese of Richmond Public Hearing September 8, 2020 2 City Council Election District Kempsville Virginia Beach Request Modification of Conditions (Religious Use) a �'� �. , •.Ill Staff Recommendation c •dete ,,,, Approval I - f 5 ..a Staff Planner o _ �f Marchelle Coleman 4.4 p ` y.n' -" Os 4► le fJ illiv° ' ' Location ��r � 4853 Princess Anne Road e' GPIN P~o -4 Pl. — 11$04, ; 1476064464 c r "o AIIIL. )' Y Ni!!cr i Site Size �,ta,ge 1.9,10 acres e./�anob"u9n 0 AICUZ P Yin It p 1p Vlaei,Ce !O!'ye , Less than 65 dB DNL 4+�.,�. R°aaiiio °°a Watershed R'aa Chesapeake Bay Existing Land Use and Zoning District Church / R-10 Residential .. Surrounding Land Uses and Zoning Districts •, w Y< , North A t ) 4 Church, funeral home/ R-10 Residential ,3r� * .Y` South "- i.R k ' _ - - - Single-family dwellings/ R-10 Residential �✓ ' ,. �b ,t East a _$ ,�_F `. Princess Anne Road . '4 - ...i ``, '�'`. itt, , ior Retail, golf course, single-family dwellings/0-2 - �1,0 ., `' '", _. Office, P-1 Preservation 'ile , } V; West 1--t't " ' ', . � a Single-family dwellings/ R-10 Residential r „ 4r ! ,,.i , 4;7'1': jj..4 -%'i �„ .mar >� Y e'',,dh ._ j :;14:11: iiii.' - , -.. ''. =Air _ ,,, .'tom4 , Church of the Ascension Agenda Item 2 Page 1 Background & Summary of Proposal • The church was built in 1965, prior to the necessity of a Religious Use to obtain a Conditional Use Permit. In 1985, 1988, and 2008, City Council approved additions to the existing church for a sunday school building, parking lot extension with picnic shelter, and a supervised residential facility for adults, which was never built. Also, in 2003, a Conditional Use Permit for a Columbarium was granted by City Council. • The applicant is requesting to expand the existing church by 2,800 square feet with a one-story administrative office on the northeast corner of the building. The proposed addition requires a Modification of the Conditional Use Permit. • The building expansion will include office and meeting spaces, two restrooms and a breakroom. • The site plan depicts 287 parking spaces, thereby demonstrating that the proposal meets the minimum parking requirement of one space per 5 seats or bench in the main auditorium, as set forth in the Zoning Ordinance, for both the existing church and the proposed expansion. • The exterior facade of the proposed building addition will be complementary to the architectural style and materials of the existing church building. The addition is depicted with vertical metal panel siding with a brick veneer foundation, shown on pages six and seven of this report. Zoning History A 6 '0 _ \ 8-3 �- # Request fir', �' • 1 MOD(Two Temporary Structures) 09/27/2011 `''© ` ea P-' CUP(Day Care Facility)Approved 08/25/1998 ,v, ` R, 2 MOD(Church Addition)Approved 12/07/2010 ©, , 3 MOD(Church Addition)Approved 04/22/2008 r, Flo E4, ,, CUP(Columbarium)Approved 12/02/2003 Q "� � % '� ': CUP(Church Addition)Approved 12/12/1988 s ,r, 6� /. ,„ ,°;• � CUP(Church Addition)Approved 01/14/1985 1.-0.. "l._ � Z Ro9.. P-' 4 CUP(Extension to an Existing 150-foot Monopole Tower) sAR°'" ." ����� °c� ,,,, Approved 04/11/2000 o S>Ss ge. ,,�a CUP(Storage Yard, Line-of-Sight Relay Device)Approved `� �.� , .� 'G ;d• w+'t§; y ' 0 05/23/1987 Sao 10 ba 5 CRZ(P-1 to Conditional 0-2)Approved 11/18/1997 S ��iy��•, ct�/1 Q<�� ,Q,;; •1 c, 5; ba, CUP(Lodge)Approved 11/18/1997 �, 6 CUP(Home Occupation—Day Care)Approved 01/23/1996 7 LUP Approved 01/01/1984 application Types _ CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariance Evaluation & Recommendation In Staff's opinion, the proposed Modification to the Conditional Use Permit for the church expansion is acceptable. The addition is designed to complement the architecture and character of the existing building.There is ample parking within the existing parking lot to meet the needs of the church as well as the requirements of the Zoning Ordinance. The request remains in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community and contributes to the sustainability of great neighborhoods. Church of the Ascension Agenda Item 2 Page 2 Based on these considerations, Staff recommends approval of the application, subject to the modified conditions below. Recommended Conditions 1. All conditions of the January 14, 1985 and December 12, 1988 Conditional Use Permits for additions to the church are null and void and are hereby replaced with the following conditions. 2. When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan -Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 3. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated April 20, 2020, and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning& Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division;the Health Department; and the Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 5. All signage on-site shall meet the requirements of the City Zoning Ordinance.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors.A sign plan shall be submitted to the Virginia Beach Department of Planning&Community Development, Zoning Office for review and permitting prior to the installation of any new signage. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Church of the Ascension Agenda Item 2 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 28,560 ADT1 32,700 ADT 1 (LOS 2 "D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a four-lane minor urban arterial. There are no roadway CIP projects planned for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 9, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Church of the Ascension Agenda Item 2 Page 4 Proposed Site Layout v ii fMI•d . ' , Entrance to Site \vk 'a... ",c. la •s �'� : ♦ n - •it $ / • t \• Vt� d. 4 '�• .If. . • r..' -.1 4*A ifre-s% i i i,... N,i...... CIO •Oz. .Z. .e.la.,, . -,, 4 ,ikk7.,,,. 4,.'' . , L, ,... ♦- .,, I+ tic :NY' �..o -.rean . / ,r a O n d'a! 1.n+'san �.� w; �.>. _ �. • - .i. -ten \\ iiir � (aT` ' •', r •-.\\:411111114rz,, p'iNtrc'' -• Administrative i .. -W' ''�\ /" Office Addition '4111111 Existing ""'°" * ('?\""1"1" .., \ w+n.w+r N Existing _,. ... OiiAP1IIC 6CALC 1.4,aMO l Church of the Ascension Agenda Item 2 Page 5 Proposed Building Renderings .w- ■I Till 1 — z / 1 1 � , 11i --, I' If i ---- - ram. o .,k 11 LIII - - -I I, [ I 1 F1 1 . 1 F , Church of the Ascension Agenda Item 2 Page 6 Proposed Building Elevations LINE OF EXISTING PREFINISHED COMPOSITE BUILDING BEYOND ALUMINUM PANEL -- �- PREFINISFD SHADOWLINE CANOPYIENTRANCE SURROUND METAL COPING 1 1 TOP OF WALL 1 -W713 8' I _ — - II� • VERTICAL RIBBED METAL WALL 1i1 • ALUMINUM STOREFRONT _, - 1 GLAZING SYSTEM -- L -� t f FIRST FLOOR I ti -- -.jam-- BRICK VENEER WATERTABLE WITH FLUSH I ALUMINUM STOREFRONT ENTRANCE WATERTABLE CAP SYSTEM WITH VERTICAL BAR PULLS EXTERIOR ELEVATION LINE OF EXISTING BUILDING BEYOND • PREFINISHED SHADOWLINE METAL COPING •. TOPOFWALL,s. 1-8. VERTICAL RIBBED METAL WALL 1 I j j ii jl j i II' i iI1I ' . I I I`I II s I 1 ALUMINUM STOREFRONT S' ! . I GLAZING SYSTEM I - - ? 1 BRICK VENEER WATERTABLE ;= s "1 WITH FLUSH WATERTABLE CAP - _ ` • -----�-1--- 2-2- - FIRST FLOOR ALUMINUM STOREFRONT ENTRANT SYSTEM WITH VERTICAL BAR PULLS EXTERIOR ELEVATION I/O"=1'-0" o' 8' 16' 24' Church of the Ascension Agenda Item 2 Page 7 Site Photos ffriihilr t \'''' 44k 4 _JAN. - --,1.-, -,„,,,r, Ili Or'.4-, r,i,'liViif i , ,....; a rtt --I, • ..,>.,t4 tov _ ----..it :* rt - Ya „5 ..awry"rt} .�. : .....��.�. *^ s ". \it P -fi x r ��i l/L f F q .�tilk_ ; '.+A ;t ,.r may—'./ 1 :40-. - : - - .1‘"---..N4---..-.11k '4. - \Vr . 1 r‘ fFFF f4,' r = . A .+a n. y _ s.. +" `r i ' 1. 6 L '.' e - ,-' z Church of the Ascension Agenda Item 2 Page 8 Site Photos as `f- 1� a[ar. 'v 1 . I k" y 41 "`1 �= ;�7".ice& - .-- �'vM rA � �' �j_�.,� -. If ' 4 am- :mot • d S10 f�S} 'y.•-y• - A per.. �� il, P„ ) 11 � • ilt i I . �p fR Church of the Ascension Agenda Item 2 PaeP 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Church of the Ascension DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE [UK LI V Y USE ONLY/All b sci styes must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE 8/26/2020 MLC REVISIONS SUBMITTED DATF Church of the Ascension Agenda Item 2 Paee 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IXI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Church of the Ascension If an LLC, list all member's names: Daniel J. Malingumu, Pastor If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:The Roman Catholic Diocese of Richmond If an LLC, list the member's names: Page 2 of 7 Church of the Ascension Agenda Item 2 Pa2e 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Barry Knestout, Bishope of Richmond Diocese Father Daniel J. Malingmu, Parish Pastor (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2 2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Church of the Ascension Agenda Item 2 Pane 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) (� X( Accounting and/or preparer of I I XI your tax return I1 Architect/ Landscape Architect/ Altruistic Design,Jeremy S Maloney. LLJJ I n I Land Planner AIA. NCARB,SEED n n Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ A purchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) I^I Construction Contractors • LiEngineers/Surveyors/Agents WPL Financing (include current ❑ C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X. n Legal Services Billy Garrington,GPC Real Estate Brokers/ • E Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development . contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? — Page 4 of 7 Church of the Ascension Agenda Item 2 Page 13 Disclosure Statement 1‘11/B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Anti`--- 3H7,tc I , 110f r., r) _ I .2/LJLZ4-- i APPLICANT'S SI ATURC PRINT NAME DATE Page S of 7 Church of the Ascension Agenda Item 2 Pane 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER case addtu 1 onat sheets If needed)_ I 15<1Accounting and/or preparer of your tax return X I Architect/Landscape Architect/ Altruistic Design,Jeremy S Maloney, Land Planner AIA,NCARB.SEED Contract Purchaser(if other_than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) IX] Construction Contractors nn Engineers/Surveyors/Agents _ WPL Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 El Legal Services Bu'ly Garrington,GPC Real Estate Brokers/ — X Agents/Realtors for current and anticipated future sales of the subject property — ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Church of the Ascension Agenda Item 2 Page 15 Disclosure Statement i ; Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appl'cation. 7� Bishop Barry Knestout yf1$f2p mdPERTY ER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Church of the Ascension Agenda Item 2 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Church of the Ascension Agenda Item 2 Page 17 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item #2 Church of the Ascension [Applicant] The Roman Catholic Diocese of Richmond [Owner] Modification of Conditions (Religious Use) 4853 Princess Anne Road June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman:Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by Staff and the Planning Commission concurs, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is Item number two, Church of the Ascension. A request for a Modification of Conditions to add a 2,800 square foot administrative office to the existing church at property located at 4853 Princess Anne Road in the Kempsville District. The applicant's representative is Mr. Billy Garrington. Mr. Garrington when you begin speaking, please first identify yourself for the record and indicate whether you found the conditions acceptable. Mr. Garrington, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Garrington:Madam Chair and members of the Planning Commission for the record Billy Garrington on behalf of the applicant in this request Church of the Ascension property known as 4853 Princess Anne Road. I have read the staff report, the four conditions that are in the report are agreeable and we thank you for putting this on the consent agenda, I am standing by. Mr. Landfair:The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no 1 speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1 , 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34 by consent has been made by Commissioner 2 Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. 3 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan - Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated April 20, 2020, and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division; the Health Department; and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Virginia Beach Department of Planning & Community Development, Zoning Office for review and permitting prior to the installation of any new signage. 4 * w 5 r s`` In LD N O O \ in / l `\ \ i j / LO .- (V 0 0 0 V 1 \;\ > i _ as 0 �� ti C - - \ f o , - : [. __ .r.-----------. .,-''-\ _ \ - . N o O Q O , • o a 15 t IT CT) O N' a -- Y Li ° o ca .5 \ in d N d 03 rev,- c1r. �i ttj_ t l v�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LINDA M. ADDISON [Applicant & Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 1717 Dancers Court (GPIN 1465508986). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 21 , 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. This application is a request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for wildlife on a heavily wooded, 9,064 square foot parcel located in the Brigadoon neighborhood. The applicant desires to provide emergency care for songbirds, raptors, waterfowl, reptiles, amphibians, and mammals on a case-by-case basis. Following the discussion, the Commission voted unanimously to recommend approval. There is no known opposition to this request. Care for the animals will occur only inside the single-family dwelling. The primary goal is to provide critical, intensive care for the animals until they are ready to be transferred to a licensed wildlife rehabilitator or facility where follow-up care can be provided. The applicant currently holds a permit with the Virginia Department of Game and Inland Fisheries (VDGIF) as a licensed Veterinary Technician. ■ Considerations: The applicant is aware of the provisions set forth in Section 242.3 of the Zoning Ordinance related to Home-Based Wildlife Rehabilitation Facility. It was through VDGIF that the applicant was made aware of the need for the Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Facility. The VDGIF license will be renewed on an annual basis following City Council approval. No records of violation through Animal Control were found. Staff found the property to be well organized and well kept. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. The applicant provided nine letters of support, all from adjacent property owners on Dancers Court. Staff is not aware of any opposition to this request. Linda M. Addison Page 2 of 2 • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (9) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ltfi City Manager: /W /IB3Applicant& Owner Linda M. Addison Agenda Item Public Hearing September 8, 2020 City Council Election District Centerville Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitiation Facility) I it Staff Recommendation s 1 .4°11 ' Approval at t i- Staff Planner Marchelle Coleman I ria Location `�- "� 1717 Dancers Court ; GPIN 1465508986 ; Site Size {- • 9,064 square feet 0.....")\.. / AICUZ Less than 65 dB DNL Watershed Southern Rivers \ it IV N Existing Land Use and Zoning District i ,F . 'i ,, ,! Single-family dwelling/ R-7.5 Residential • Surrounding Land Uses and Zoning Districts ' , 0.- , North 4." 1 . Dancers Court ' Si f`' Single-family dwellings/ R-7.5 Residential Of; ► „+• ..#t ,att t South Ir , t } `, } 11 Stumpy Lake Natural Preserve Area / P-1 `,i , f j, i, .4 Preservation East Single-family dwelling/ R-7.5 Residential West Single-family dwelling/ R-7.5 Residential Linda M. Addison Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for wildlife on a heavily wooded, 9,064 square foot, parcel located in the Brigadoon neighborhood. • The applicant desires to provide emergency care for song birds, raptors, waterfowl, reptiles, amphibians, and mammals on a case by case basis.According to the application,the animals will be cared for indoors within cages that comply with the requirements of the Virginia Department of Game and Inland Fisheries (VDGIF).The applicant currently holds a permit with the VDGIF as a licensed Veterinary Technician. • Care for the animals will occur within the single-family dwelling. Most animals brought to the rehabilitator are in critical condition and require intensive care, so they must be kept indoors. Box turtles are the only animals who spend any time outdoors. When the box turtles need outdoor time,they are placed inside of pet carriers on the eastern side of the property behind a wood fence.The location of the box turtles are depicted on page 7 of this report. • The primary goal is to provide critical, intensive care for the animals until they are ready to be transferred to a licensed wildlife rehabilitator or facility where follow-up care can be provided. • Animals are referred to the applicant by way of several Virginia Beach veterinarian hospitals and from individual citizens.The Virginia Beach veterinary hospitals, including 24 hour emergency facilities, rely heavily on the applicant to provide advanced, intensive medical care for injured animals. While the applicant is on call to provide care to animals in need, they are not dropped off at the residence; but rather the applicant picks up the animals from a veterinary facility or at an agreed public location. No animals will be dropped off or released from the site, as noted in Condition 3. • The wooded property is on a cul-de-sac and borders Stumpy Lake.The backyard is not completely enclosed; but as this applicant's specialty is limited to critical care, only turtles will be placed outdoors. The turtle cages are no taller than two feet and are not visible from the right-of-way nor from an adjacent property. -, r R75,,' e110 sr itift No Zoning History to Report • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Linda M. Addison Agenda Item 3 Page 2 Evaluation & Recommendation The proposed Conditional Use Permit for a Home-Based Rehabilitation Facility on this site, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of structures, and provide effective buffering with respect to surrounding uses. The proposed wildlife rehabilitation facility is in keeping with these policies, as the six-foot tall wood fence and vegetation on this heavily wooded lot provides sufficent screening and buffering for the adjacent properties.Staff finds the property to be organized and well-kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods.As the majority of the animals will be cared for indoors,the outdoor cages provided for the box turtles, which are the only animals spending time outside, are completely screened from the view of the right-of-way and adjacent property owners. The applicant, a licensed Veterniary Technician, provides a valued service to the community and has been providing care for animals since 1993 without incident. For 13 years,the applicant was a veterinary technician at the Virginia Living Museum, caring for threatened and endangered species. No records of violation through Animal Control were found. It was through the license renewal process with the VDGIF that the applicant was made aware of the need for the Conditional Use Permit.The VDGIF license will be renewed on an annual basis following City Council approval. The applicant has provided nine letters of support, all from adjacent properties on Dancers Court.The neighboring properties, including the Brigadoon Civic League, have expressed to the applicant their support of the home-based rehab facility and her ability to care for the injured animals. Staff is not aware of any opposition to this request. The applicant is aware of the standards outined in Section 242.3 of the City Zoning Ordinance(listed below)for Home- Based Wildlife Rehabilitation Facilities and Staff believes that this request adequately addresses these requirements. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure.Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. Linda M. Addison Agenda Item 3 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Linda M. Addison Agenda Item 3 Paee 4 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four (24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty(20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Linda M. Addison Agenda Item 3 Page 5 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. (pp.1-59 to 1-68) Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dancers Court No Data Available Existing Land Use 1 10 ADT Proposed Land Use 2-10 ADT 1 as defined by a single-family 2 as defined by a single-family dwelling dwelling with home-based wildlife rehab Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dancers Court in the vicinity of this application is considered a two-lane undivided local street. There are no roadway Capital Improvement Program projects planned for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Nine letters of support have been received. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 9, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. Linda M. Addison Agenda Item 3 Page 6 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Linda M. Addison Agenda Item 3 Page 7 Proposed Site Layout 1 N/F )i, NORTH LANDING RIVER RESER WOR (STUMPY LAKE) PROPERTY OF CITY OF NORFOLK ,� -sJy9..r 1 4 . - ON 338 y "' f r l • ,.-- ZONE ,o hie---.' ,� .. -. • T Outdoor Crate r 2 g , iONE c ; .: Y,�,.� 34� for Box Turtles Only 6 Ta I I q � .. it- Wood_� ��. z- Fence`=• ° " lir. K n z ONE STORY N , FRAME r,,,r a it. # 171fi i',-: Yell‹ r-- -__1- .- �7 is.t IR 'r- ---—' -.- ; 7 ,,.., f i. t„ i, •- 1 , , , :V \ . == - % � 6 Tall IVO.. A 5 Foc,lo.rnrrt(Woos. ;I r — NWood A e�txn o-/ ►E AO R. ♦Step Let \.J the,*No....r, .oe . I f. ,9s. :r I Fence IS&' pty or t�.ha 6..x». �t�ro 14 as ft, i 0, moo. 6 P S80395J1' 75.00' "'—J7J 071—+- DANCE'RS COURT Linda M. Addison Agenda Item 3 Page 8 Site Photos -t..- ilt- it li to- . .444 - si iv). .ts j .Critttittz# '.- ". 'atirAgir.. 4..fit, :kik i 0;-,'",::./J kr-- it :,..'if '''' II FP. •- i t '' ' itil 4 1 ,ii !';:;. 1 „ -, ..,,,,,, ., -,,.. : :.., ,t . , , ,, IV 1;iti *-I',i 'I ;'; 411* 1 :I:..,,i;::::‘,.,.,,,f,,,R.A.:104,., : ..;:,*11,...;:k 1::-:,.::. : 1....ft4'.1%,4„;‘,..,;41'1.' '' .11 k, ',i,171.,.11:7 fill::'::::''':. '1' 71:: ','.:::t'lliii. :Ari:i. 1 ir.7..; iffil":: ''''' 4 i�� 1 s -r {t o d h ii + " '-!ice !j s �� i a � ya! i ; ' J At � jdJ i,.s R ''. 1 !O..: 1 / s � " ft; : , 44 t t L ! : 4- r)ii ,1,1 . 4 I 1 . �� /' ; se v f�, d I{ i to: !S t9 } t t +4 .r yP -^4T .- 4 S. Linda M. Addison Agenda Item 3 Page 9 Site Photos .i __: ‘.4_,- ,, 4, 8\' f:, 4. If;.,*. 4. ,, . ,... - , .... ,,.„. , , ,.., ,,......_ : : „.„, .. , .„ ,,, ...,.... .„, , _ ,...„.., ..„, ... .,. .. . ...... 4,..4-..i =, . - erit„ .tLo',0--'-' tit, 14 -"..., .,' - , , fie.,,..., i: ' `fit ¢ .§ '�44 "Q •C -- i. t it ,0.014. r 4' sit ... . I .. \ N. \ 9.a 4 'y ► � 4 r) t . fit.. is ,ie i� , > . 1p p % �` ` �+ `,itiki r F. IL, , ..Ne „t y , -,! • a V... k t 4 .. - y" Iii aTiiiorii : li ..„. r�r,-... ILF"41111111M a . MINI I ; . I tairliaraVICIPL H- +-- ! x. z .e F � r,,'' '.talli :ram Linda M. Addison Agenda Item 3 Page 10 Disclosure Statement 71/4B Virginia Beach APPLICANT'S NAME Linda M. Addison DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • -� The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclost.ies must rx.,i,oured ttie C,r v.ect s prior to any Page I of 7 Planning Commission and City Council meeting that pertains to the appliration(s). APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DAI 8/26/2020 MLC REVISIONS SUBMITTED DA1' Linda M. Addison Agenda Item 3 Page 11 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Linda M.Addison If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Linda M. Addison Agenda Item 3 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Linda M. Addison Agenda Item 3 Page 13 Disclosure Statement 1111/41B- APPLICANT Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) n 151 Accounting and/or preparer of your tax return 7 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than n n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nX Construction Contractors • aEngineers/Surveyors/Agents Financing (include current ❑ m mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ZLegal Services Real Estate Brokers/ • © Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Linda M. Addison Agenda Item 3 Page 14 Disclosure Statement 1/33 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is .complete,true,and accurate. I understand that, upon receipt of notification that the application has been: scheduled for public hearing, I am responsible for updating the information! provided herein two weeks prior to the Planning Commission, Council, VBDA', meeting, or meeting of any public body or committee in connection with this, Application. L; PPUCANT'S SIGMA RE PRINT NAME ATE Page 5 of 7 Linda M. Addison Agenda Item 3 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Linda M. Addison Agenda Item 3 Page 16 The verbatim of the May 27, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item #4 Linda M. Addison Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 1717 Dancers Court May 27, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman:The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1 , 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Mr. Landfair: Thank you. The next item on consent is item number four, Linda M. Addison for a Conditional Use Permit request to operate a Home-Based Wildlife Rehabilitation Facility at 1717 Dancers Court in the Centerville District. The applicant is Ms. Linda Addison. Ms. Addison, when you begin speaking, please first identify yourself for the record and indicate whether you found the conditions acceptable. Ms. Addison, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Ms. Addison: This is Linda Addison, and I do find all the recommendations acceptable. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. 1 Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this Item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. 2 Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of nine for and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1 , 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE 3 Wall AYE Weiner AYE Conditions: 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighbourhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 4 Item 4: Linda M. Addison I am in support of Linda Addison of 1717 Dancers Court, obtaining a Con iitional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address / 10 ? Vez-0-eaia Date -3"7 --.20 Signature i XXI, 230eeise---- Item 4: Linda M. Addison I am in support of Linda Addison of 1717 Dancers Court, obtaining a Con Jitional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address (4 t?j --Drinc-F c5 (4-_ V'4 E' d'1 , Li i-I Date - 2-0 2 Signature item 4: Llnaa Ni. Ammon I am in support of Linda Addison of 1717 Dancers Court, obtaining a Cor litional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address J t7 t(p Dan us-s C 1 Date 2/28/020 Signature (>_,4adICLII,C1 _ ` `i Item 4: Linda M. Addison I am in support of Linda Addison of 1717 Dancers Court, obtaining a Con iitional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address 11 Z I MlA) Ctikal Date 0k- 23-zD41) Signature N r Item 4:Linda M. Addison I am in support of Linda Addison of 1717 Dancers Court, obtaining a Con litional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address 1' ►d`A DR kJ �(F. RS C-1 - Date a 3 1 2() Signature ,.. ,� , Item 4: Linda M. Addison I am in support of Linda Addison of 1717 Dancers Court, obtaining a Cor iitional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address I7z5 )Jii Ct/ S ( I Date fG h Z 7, L a Z a Signature t Item 4: Linda M. Addison I am in support of Linda Addison of 1717 Dancers Court,obtaining a Conditional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. Address L' �' A 2 34( `� � 1 � a-��� � �� � � `� Date 7)11 I Signature Item 4: Linda M.Addison I am in support of Linda Addison of 1717 Dancers Court, obtaining a Conditional Use Permit to allow her to continue caring for wildlife in need of rehabilitation. 1 -7 Address f 25 pc‘Att„( C,,4 V:(`N`nt a at'ch , \J ' Z34V Date 3/S 1 47,0 Signature (A N R-5D / NN Z CNf\tea / NN 0 ",\NCC #R-5D • R-SD • ••/NN/ Aes // _ NN (NçN / ��, CC `�� CC ®, r oA �� u C k , �'C C R5D > C -,./ ��, Site �� Abi-E Property_Polygons RyChae LyNea Reed ► ' — Zoning 1674 Dylan Drive Parking Lot Drive Aisle Feet I Building 0 1020 40 60 80 100 120 • / \KU 9 • r. } , Fj CITY OF VIRGINIA BEACH AGENDA ITEM dl ITEM: RYCHAE LYNEA REED [Applicant] JOAQUIN V. CASTRO [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1674 Dylan Drive (GPIN 1465046346), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on June 10, 2020 and by the City Council on July 21, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a semi-detached dwelling in the Brandon neighborhood. The applicant has over 20 years experience caring for children. The property owner acknowledges and approves their tenant's desire to care for children while also living in the dwelling. The 4,895 square foot property has an enclosed fenced-in backyard for the children to play outdoors. The typical hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's land use goals for residential areas, as it will provide a valuable service for families in the Suburban Area. The final number of children permitted to be cared for by the applicant will be determined by the Virginia Department of Social Services. During the site visit, the property appears to be organized and well-kept. To alleviate the potential for congestion of client parking in the right-of-way, a condition is recommended to stagger pickup and drop off times. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. Rychae LyNea Reed Page 2 of 2 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-PO' City Manager: pr9 lik/BApplicant RyChae LyNea Reed Agenda Item Owner Joaquin V. Castro Public Hearing September 8, 2020 4 City Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Family Day-Care Home) -.' yam , ._ Staff Recommendation 40 s„era° Approval F, o,L• , , 4„... } 64 5" -$„ Staff Planner N, fNJ Marchelle Coleman 4 r' ` aF° EQ. S, .Location '' � +' 1674 Dylan Drive �P .�'44 GPIN .1. 41,4* • 1465046346 41111tP, 1 Site Size - yo 4,895 square feet %j I °'� ' AICUZ -f ° °a j. 0 0 Less than 65 dB DNL N. 4 t p Watershed — ' Southern Rivers Existing Land Use and Zoning District 1F4Irk Semi-detached dwelling/ R-5D Residential �` F A ✓ a` -s, i , Surrounding Land Uses and Zoning Districts :I.cs r North .• e'' :, Dylan Drive E' '4' Semi-detached dwellings / R-5D Residential 1 '.I - South II _ F t Semi-detached dwellings/ R-5D Residential .'" . 9w� Ni ' East - • t w `„.d1 Semi-detached dwellings/ R-5D Residential �, tom, 3 West "b �. '', t e` f `t: 41 Semi-detached dwellings/ R-5D Residential 1 ' ` `4 co` ilik`Y 'gyp .� � �< �.tie 4 �r�� 1 =�.!a,�:_ • 2 as) ! / RyChae LyNea Reed Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a semi-detached dwelling in the Brandon neighborhood. • The applicant has over 20 years experience caring for children and has a two-year lease agreement with the owner of the property to care for children in this residence. • The 4,895 square foot parcel has an enclosed fenced-in backyard for the children to play outdoors. • The typical hours of operation are 6:00 a.m.through 6:00 p.m., Monday through Friday. 4, LathAb; No Zoning History to Report „ /404b.. Sti et" 1 - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion,consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well- kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. Staff recommends a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. Staff believes that the proposed use is appropriate for the subject site and is compatible with surrounding residential land uses,as it will provide a valuable service for families in the community with no anticipated adverse impacts. Based on these considerations,Staff recommends approval of this request subject to the conditions below. RyChae LyNea Reed Agenda Item 4 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to the total of twelve (12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses.The proposed family day-care home provides a needed service to the community and, with the conditions listed in the staff report, will not be detrimental to any adjacent land uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed and there are no known signficiant cultural resources associated with this site. RyChae LyNea Reed Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dylan Drive No Data Available Existing Land Use 2=10 ADT Proposed Land Use 58 ADT 1 as defined by a semi-detached 2as defined by a semi-detached dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dylan Drive in the vicinity of this application is considered a two-lane undivided local street.There are no roadway CIP projects planned for this area. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. RyChae LyNea Reed Agenda Item 4 Page 4 Proposed Site Layout 1670 / Off- er 1672 DYLAN DR Ak\, 1672 O '4 DYLAN ,. N . Semi-Detached Shed Dwelling 0 .... 1678 It1i1vUiNNE. 1676 DYLAN DR 1681 6' Wood 16/8 DYLAN DR Privacy Outdoor Play Area 1683 GUTHRIE SI Fence 1678 1683 RyChae LyNea Reed Agenda Item 4 Page 5 Site Photos 4 X ` y ! 0111144 `, / •IL • 4,ti .; -•"- - ,.. , am.y ..),, rY F 0 : .i i II i r., .* . i • *400., a. ,, MN . �L _ _ -'A' - - .- -- - =� 111 RyChae LyNea Reed Agenda Item 4 Page 6 Site Photos ,. / a, T _ -�; ,l r, "se,„(e_...y. __ 4 .•sties _ .. � - ;+. k ts, _ _ .� .4 tits A ` �•- t tJR 5 � C :te .....,"-_--4,- , �Y-a RyChae LyNea Reed Agenda Item 4 Page 7 Disclosure Statement Bench APPLICANT'S NAME RyChae LyNea Reed DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Alt disclosures must be updated two(2)weeks poor to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application's'. APPLICANT NOTIFIED OF HEARING DA Wd4/76e-A- _ ® ES i NO CHANGES AS OF DA" 8/26/2020 MLC ❑ REVISIONS SUBMITTED DATf RyChae LyNea Reed Agenda Item 4 Page 8 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:RyChae LyNea Reed If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Joaquin V. Castro If an LLC, list the member's names: Page 2 of 7 RyChae LyNea Reed Agenda Item 4 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2 2-31 01. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 RyChae LyNea Reed Agenda Item 4 Page 10 Disclosure Statement APPLICANT Virginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) • VAccounting and/or preparer of II your tax return n F Architect/Landscape Architect/ I I Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I>/I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I ❑^ Construction Contractors 111 Engineers/Surveyors/Agents Financing (include current ❑ E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ZLegal Services Real Estate Brokers/ • Z Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 RyChae LyNea Reed Agenda Item 4 Paee 11 Disclosure Statement • vr.3. . . Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin any public body or committee in connection with this Application. Rychae Reed 02/27/20 PPLICANTS SIGNATURE I PRINT NAME DATE {— -- 1 Page 5 of 7 RyChae LyNea Reed Agenda Item 4 Page 12 Disclosure Statement IVB OWNER Virginia Brach YES NO SERVICE PROVIDER(use additional sheets if needed) [ 1 '� Accounting and/or preparer of I I your tax return • X Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) u ❑X Construction Contractors Engineers/Surveyors/Agents Financing (include current 1 I 1\/1 mortgage holders and lenders u �J selected or being considered to provide financing for acquisition or construction of the property) • 7 Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development • ICI contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 RyChae LyNea Reed Agenda Item 4 Page 13 Disclosure Statement Ilig Virginia Beach aimiemem CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA r_______ meeting, or meeting of any public body or committee in connection with this p lication. l ' ' C---; ' PROPERTY OWNER'S SI NATURE PRINT NAME DATE Page 7 of 7 RyChae LyNea Reed Agenda Item 4 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. RyChae LyNea Reed Agenda Item 4 Page 15 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item # 4 RyChae LyNea Reed [Applicant] Joaquin V. Castro [Owner] Conditional Use Permit (Family Day-Care Home) 1674 Dylan Drive June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman:Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by Staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number four RyChea Reed for a Conditional Use Permit request for a Family Day-Care Home at 1674 Dylan Drive in the Kempsville District. The applicant is Ms. RyChea Reed. Ms. Reed when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Ms. Reed the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Ms. Reed: Good evening, I am requesting a Conditional Use Permit for my in home daycare at 1674 Dylan Drive in Virginia Beach, Virginia. My name is RyChea Reed and I do find all acceptable. Thank you. Mr. Landfair: The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition, 15 with a new condition, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 1 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each 2 Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, four and zero against the following Items 1 , 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. 3 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. 4 i I -(13 1 1 enuenV Aasaar anuany AesJer m 0 m 'ram i x ca m a , } \ i m C +, Ca) \ °' ca U E 0 .nnNN.ww wwoznSta. C ♦V, NNW AW ^>, W r 0 Q auei uuap c > ___.._ ----_ __ _ >, o I 48 �7 r' 1 -1 0 ___,0 1 . i ,,,,,..4,, , it -Nt , ,..,, ,i, ,, :„._., „..,,:.,..,,,,.. CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: EMMANUEL B. PLATON [Applicant] METRO HOLDINGS, LLC [Property Owner] Conditional Use Permit (Automotive Repair Garage) for property located at 5044 Cleveland Street (GPIN 1467846647), COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on June 10, 2020 and by the City Council on July 21 , 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage to install a paint booth. Automobile servicing has occurred on this site since the building was constructed in 1970. At that time, the use was permitted without the need for a Conditional Use Permit. As the applicant is seeking to expand the business to include auto collision services, a Conditional Use Permit is now required. The paint booth will occupy approximately 2,100 square feet of the existing 4,256 square foot building. • Considerations: There are no exterior changes or expansion of the building proposed and the parking on-site accommodates the services proposed. The subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, both the current and proposed uses are not consistent with the Comprehensive's Plan's recommendation for this portion of the Pembroke SGA. The Plan envisions mid- to low-rise commercial and urban residential uses in this area of Virginia Beach. However, the Automotive Repair Garage is deemed appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Plan. The proposal to add a paint booth does not constitute a major change of use. A condition is recommended that removes a nonconforming freestanding sign to bring the site into compliance with the current sign regulations. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. Emmanuel B. Platon Page 2 of 3 • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment, parts, tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6. The nonconforming freestanding sign shall be removed within 90 days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10.Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 years after City Council approval of the Automotive Repair Garage Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this 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. Emmanuel B. Platon Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval.Submitting Department/Agency: Planning Department'?>n,, / City Manager: rw l Applicant Emmanuel B. Platon Owner Metro Holdings, LLC Agenda Item glI Public Hearing September 8, 2020 nt ctry City Council Election District Bayside 5 Virginia Beach Request Conditional Use Permit (Automotive Repair Garage) / �' i 3 I - a Staff Recommendation �&� Approval j .4�,,,eyara i„ 11111111 • Staff Planner I 1111.111imi II Marchelle Coleman p ►11111 Locationim 1 I 5044 Cleveland Street • Y.aIP GPIN 1\c-\-‘ 1467846647 �� '� Site Size 4 •,#)„ 00* 12,062 square feet 9. AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Automotive Repair Garage/ I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Towing business/ I-1 Light Industrial 11-. South " Retail/I-1 Light Industrial East .. �, Cleveland Street Distibution center, church/I-1 Light Industrial West . ; Warehouse/I-1 Light Industrial > N Emmanuel B. Platon Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage to install a paint booth. Automobile servicing has occurred on this site since the building was constructed in 1970.At that time, the use was permitted without the need for a Conditional Use Permit.As the applicant is seeking to expand the business to include auto collision services, a Conditional Use Permit is now required. • The auto colllision services, including the installation of the paint booth, will occupy approximately 2,100 square feet of the existing 4,256 square foot building. • Currently,the Automotive Repair Garage operation with two employees provides maintenance services such as heating and cooling, steering and suspension repair, electrical services, brake system work, engine and transmission repair, and Virginia State Inspections. • According to the applicant,there will be no changes to the exterior of the building.All work and the storage of materials will occur within the building.There are four service bays that face Cleveland Street. • The applicant is proposing new signage on the building for the auto collision services, as depicted on page seven of this report. Currently,there is a 20-foot nonconforming freestanding sign on the property that has been on the site since 1970. Under the current Zoning Ordinance sign requirements, a freestanding sign can be no taller than 12 feet in height. As this sign does not meet current standards, Staff recommends the removal of the nonconforming sign and that all new signage meet the requirements of the Zoning Ordinance. • Per Section 203 of the City Zoning Ordinance, one space per 900 square feet of floor area, or five spaces for this 4,256 square foot building are required.The existing parking area consists of 19 parking spaces, exceeding the minimum parking requirement by 14 spaces. • The typical hours of operation are 7:30 a.m.to 5:00 p.m., Monday through Saturday. __ _i i Zoning History ,� �� ( # Request !,/ ___ 1 CUP(Automotive Repair Garage)Approved 11/17/2015 __� NON(Change in Non-Conformity for Motor Vehicle Sales)Approved 11/17/2015 Cleveland Street 2 CUP(Automotive Repair Garage)Approved 08/04/2015 • I i. i I.. I. . -- 1 -1 1 t 1 i 1 I --- , s Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP-Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental CRZ-ConditionalRezoning STC-Street Closure SVR-Subdivision Variance Emmanuel B. Platon Agenda Item 5 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for an Automotive Repair Garage to install a paint booth within the existing business, in Staff's opinion, is acceptable. As stated previously, no changes or expansion to the building is proposed, and the parking on-site accommodates the services provided. This subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, both the current and proposed uses are not consistent with the Comprehensive's Plan's recommendation for this portion of the Pembroke SGA, as it calls for an eclectic, mid-to low-rise commercial and urban residential area.This area is envisioned for live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. However,the Automotive Repair Garage is deemed appropriate as an 'interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan.The proposal to add an interior paint booth does not constitute a major change of use or major investment in site improvements. There is a planned Capital Improvement Project(CIP)for Cleveland Street scheduled for construction in 2023. Per the plan, needed property acquisitions will occur as early as 2021. The CIP will include funding for design, property acquisition and construction of an improved Cleveland Street. A four-lane, 90-foot wide divided roadway with shared- use pathways, on-road bike lanes and landscaping will be constructed,as identified in the Pembroke SGA Plan.Since this property is not currently consistent with the Comprehensive Plan's vision for this area and the CIP project scheduled for improvements to Cleveland Street,a condition has been added that will provide an administrative review by the Planning Director 10 years after City Council approval to ensure that the use is still compatible with the uses in the vicinity and that there is no detrimental impact to public health, safety, and welfare. No negative impacts to adjacent property owners are anticipated. Based on these considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained,the painting of vehicles shall be prohibited on the site. 2. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment, parts,tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6. The nonconforming freestanding sign shall be removed within 90 days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. Emmanuel B. Platon Agenda Item 5 Page 3 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 years after City Council approval of the Automotive Repair Garage Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore,this 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The site is located in an area of the Pembroke Strategic Growth Area referred to as the Central Village District.This district is envisioned by the Pembroke SGA Plan as an eclectic, mid to low-rise commercial and urban-residential area. More specifically a maximum building height of thirty to fifty feet is recommended (p. 58). Due to the planned high residential density, a great deal of gathering places and open space will be required.The SGA Plan specifically calls out pocket parks and urban plazas as being appropriate in the Central Village District and recommends that twenty percent of the developed area be green space and thirty percent be open space (these spaces may overlap) (p. 58).To achieve this,the Plan recommends incorporating recreational activities as a secondary use of green infrastructure improvements (p.54). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Jersey Avenue No Data Available Existing Land Use 2-140 ADT Cleveland Street 10,100 ADT1 12,500 ADT 1(LOS 4"D") Proposed Land Use 3-140 ADT 1 Average Daily Trips 2 as defined by a Automotive 3 as defined by a Automotive 4 LOS=Level of Service Repair Garage Repair Garage with paint booth Emmanuel B. Platon Agenda Item 5 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Jersey Avenue in the vicinity of this application is considered a two-lane local street.There are no roadway CIP projects planned for this section. Cleveland Street in the vicinity of this application is considered a two-lane collector street.There are two roadway CIP projects planned for this street. Cleveland Street is within the limits of the Witchduck Phase II Project.The Witchduck Road Phase II, CIP 2-025, is currently under construction and is scheduled to be completed in the second half of 2020. There is also a Cleveland Street CIP for street improvements,which is scheduled for construction in 2023. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Emmanuel B. Platon Agenda Item 5 Page 5 Site Layout r . a m a a • Prom" • • - • . "=1••• a ■ imei. — Wr m _. 7 Parking t - ..— '�' . _ w Spaces__ OUT F2,0s" — 2 LOT 20 `'' •: i w ExistingBuilding LOT 21 �'' 4256 s . ft. n.s' WD z q 3 ' t C)T` 4 3 0 )2_4 -��YIN Existing LOT 22 :: cori!c: - .T ■0 6' Tall co— g -$ #a , 1- Chain Link — p(F), Spaces LOT 4; Spaces intrN Fence Existing 20' N 86'08'00" W 125.00' Freestanding Sign to be removed CLEVELAND STREET ( 60' R/W ) Emmanuel B. Platon Agenda Item 5 Page 6 Proposed Sign Rendering 80" ) 1 8SERIES 1 40" auto body repair 80" x 40" Signage Emmanuel B. Platon Agenda Item 5 Page 7 Site Photos m cam ��.:. .. imenrw, sotV*. - - ' ,...fr- - ------ — ,,,,_.--, ' .-,,,,,,s,,,,,Z -------"-,_--.,..— sue' ^s- s ••.,,,.ar„. s- -, '�ry .. «: sue"" .'���N '�- ';r. � '� s ,.- " 4-2 ' As.` _ ital I e_L,--....4 ", - 4 ' ' _ �.4, , , ._____4:_ oNotw..,__+.---'-',.'. I -'''i-a"4'r : 6 11°21g°311 idol : ai , - Emmanuel B. Platon Agenda Item 5 Page 8 Site Photos _., - - _ _ . ._ _ i- _.. , _ — -- ,, __ ... 4,„/„......., ,,,..,_ , -..„.„:„..„, .. ..._.., ., ‘,..„...„ ........ ..... :..........,.......", ...... _ _ 7 -. ;. _ _ { a y'4 •cap _ —. 1 I r �'�cwitais - room I. .I j ,_70111wil‘V m.w'---' '' .164.41 _s a ig,. .4 Emmanuel B. Platon Agenda Item 5 Pa2e 9 Disclosure Statement 1111 virgui RED::h APPLICANT'S NAME Emmauel B. Platon DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 fanning Commission and City Council meeting that pertains to the application(s). El i APPLICANT NOTIFIED OF HEARING DATE ��� ® NO CHANGES AS OF DA-I i 8/26/2020 MLC a REVISIONS SUBMITTED DATE: Emmanuel B. Platon Agenda Item 5 Page 10 Disclosure Statement Virginia Beach zCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Emmanuel B. Platon If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. VI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Metro Holdings, LLC If an LLC, list the member's names:Stephen Silliphant Page 2 of 7 Emmanuel B. Platon Agenda Item 5 Pa2e 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Codes 2 2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Emmanuel B. Platon Agenda Item 5 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ M Accounting and/or preparer of your tax return n Architect/Landscape Architect/ I I Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ n Construction Contractors ❑ n Engineers/Surveyors/Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) _ 7 Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Emmanuel B. Platon Agenda Item 5 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGN, E PRINT NAME DATE h i R tJ t,- , p P frf-IT L'tT Page 5 of 7 Emmanuel B. Platon Agenda Item 5 Page 14 Disclosure Statement AlB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return IIIX Architect/Landscape Architect/ Land Planner — Contract Purchaser(if other than ElXI the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Eln Construction Contractors CXEngineers/Surveyors/Agents Financing (include current u Ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 7 Legal Services Real Estate Brokers/ ❑ X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ICI IX an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Emmanuel B. Platon Agenda Item 5 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. S/ep4 A S,// c J PROPERTY OWNER'S SIGNATURE PRINT NAME DATE • Page 7 of 7 Emmanuel B. Platon Agenda Item 5 PAPP 1 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Emmanuel B. Platon Agenda Item 5 Page 17 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item #3 Emmanuel B. Platon [Applicant] Metro Holdings, LLC [Owner] Modification of Conditions (Religious Use) 4853 Princess Anne Road June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman:Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by Staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number three, Emmanuel B. Platon for a Conditional Use Permit request for an Automotive Repair Garage to install a paint booth at 5044 Cleveland Street in the Bayside district. The applicant is Mr. Emmanuel Platon. Mr. Platon, when you begin speaking first identify yourself for the record and indicate whether you found the conditions acceptable. Mr. Platon, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Platon: Good afternoon, sir and madam. My name is Emmanuel Platon, applying for Auto Body Repair Shop paint booth permit, which located at 5044 Cleveland Street, Virginia Beach. Mr. Landfair: The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition, 15 with a new condition, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 1 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each 2 Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. 3 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes • ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment, parts, tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6. The nonconforming freestanding sign shall be removed within 90 days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 years after City Council approval of the Automotive Repair Garage Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. 5 1t 3 \_\_ "'„ / N f1/,(// R-40 // R-.4>1 r� ;,, 1 0,i ff� ff r A Site Lorna C. Donatone, QPRT & Scott and Katherine Morin �� 7- Property_Polygons i. Q 1421 & 1423 Blue Heron Road s Zoning Parking Lot Drive Aisle mi memo Immo Feet 1 R,,,1,14,,, 0 25 50 100 150 200 250 300 •, '� ( rr 4y � �S J� CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: LORNA C. DONATONE, QPRT [Applicant] LORNA C. DONATONE, QPRT; SCOTT & KATHERINE MORIN [Property Owner] Conditional Use Permit (Community Boat Dock) for the property located at 1421 & 1423 Blue Heron Road (GPINs 1498584496 & 1498585310). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on June 10, 2020 and by the City Council on July 21, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The existing pier was permitted through the Joint Permit Application process and constructed in 1999. During Hurricane Dorian, the pier was damaged and the owners submitted a new Joint Permit Application to replace the pier. They were informed that a Conditional Use Permit for a Community Boat Dock would be required to replace the pier because two adjacent property owners share use of the pier. • Considerations: The pier will be used by the applicant and the adjacent neighbor to accommodate watercraft owned by the two property owners. It is not anticipated that the proposed pier will have any negative impact on the neighborhood. The applicant has submitted a Joint Permit Application that will include review and approval by not only City Staff, but also the United States Army Corps of Engineers and the Virginia Marine Resources Commission prior to the issuance of a permit. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. Lorna C. Donatone, QPRT Page 2 of 2 1 . Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road", prepared by Waterfront Consulting, Inc., Sealed October 9, 2019 or as modified by the JPA Permit. 3. No commercial use of the pier shall be permitted. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 4 City Manager: Applicants & Owners Lorna C. Donatone, QPRT & Scott and Agenda Item Katherine Morin Public Hearing September 8, 2020 t City Council Election District Lynnhaven 6 Virginia Beach Request Conditional Use Permit (Community Boat Dock) '�w Oipe Staff Recommendation - r 90.e Approval Staff Planner Whitney McNamara r Location 1421 & 1423 Blue Heron Road _ GPINs r.-_x_ ,!..7.&27...:),.. 1498584496 & 1498585310 Site Size ,.\ 1.85 acres AICUZ -� �� G _ -� Y,,,', lc 4 Less than 65 dB DNL `��4c, Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-40 Residential Surrounding Land Uses and Zoning Districts i North Single-family dwelling / R-40 Residential South Single-family dwelling/ R-40 Residential t East Blue Heron Road Single-family dwellings/ R-40 Residential West - Eastern Branch Lynnhaven River/Water Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 1 Background & Summary of Proposal • An existing pier, shared between two properties, was constructed prior to 2000. During Hurricane Dorian,the pier was damaged.The applicant applied for a Joint Permit Application, and was informed that a Conditional Use Permit was also needed to ultimately replace the pier. 1LT ( ae,a. Zoning History jSVR # Request (Lot Width Reduction)Approved 03/13/2001 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is proposing to replace the existing pier located between 1421 and 1423 Blue Heron Road.The existing pier was constructed prior to 2000 and was damaged during Hurricane Dorian. When a Joint Permit Application was submitted for repairs, Zoning notified the applicants that a Conditional Use Permit was required. It is not anticipated that the proposed pier will have any negative impact on the neighborhood.The applicant has submitted a Joint Permit Application (JPA)and the request is currently under consideration by both the United States Army Corps of Engineers, as well as the Virginia Marine Resources Commission. As such,Staff recommends approval of this request with the conditions below. Recommended Conditions 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road", prepared by Waterfront Consulting, Inc., sealed October 9, 2019 or as modified by the JPA Permit. 3. No commercial use of the pier shall be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 2 and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.The property is located in both the VE (9) and X flood zones.As the proposed modifications are water dependent,there does not appear to be any significant natural or cultural impacts associated with the proposed project. Traffic Impacts Access to the boat dock is from private property located on Blue Heron Road. No additional impacts to traffic are anticipated with this request. Public Utility Impacts The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 3 City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 4 Proposed Site Layout ' r ,`"`y,,°" �E.B. OF LYNNHAVEN ,,x ,,, . ,,J . CAR4MME '.ti?ks : . I RIVER ---,Low ` . 1€ 4 c - - - REPLACE EX.PIER IN SAME - FOOTPRINT(HATCHED) M1 : 10j P+- `lY Nlto_�' - _ 1 t -x. SAND ""em -» v TW'7fg t EX. MW S 1 _....4________II Tap -------________1 or BA of —Az ich in i I � ipliminkc a. lig— co IA o Q N{ �- 1 J m 4,t� I 1� J. I 1 2 z -to � 1 1 ;r' Tii o ------ -, / , ,Cc )......J.) i i i ELL rEGORY O.MESTEAD 1,_., 4 . . . . tic. No.047323 PIN(F)- °, PROPOSED SITE ,, 44, AL 'C*� `,00' 5. IMPROVEMENTS :1 BLUE HERON ROAD _ ,i- 1 .Rrw; iiiiMMil ,' _.'..,.T ._ D', 'IN,_ ir..c All RIGH1SRFSERVED. , PURPOSE:MAINTENANCE 1 T ` PROPOSED:PIER MAINTENANCE DATUM:MLW 0.0 WA'[RFr t;'1di IN:E.B.OF LYNN HAVEN RIVER A.P.O. i . , ■ CONSULTING INC AT:1421 BLUE HERON ROAD SOUTH OF MORIN ?.,.,,; ;,Tr fr,JErt 5';' 4,3 VIRGINIA BEACH,VA 23454 1.JOSEPH L.KOEN t,RC::V A 1..-FA: VA 2345.2APPLICATION BY: _ ,,.,:.t.'q,- '-ic.72i ''Sf a LORNA C.DONATONE OPRT 8 NORTH OF DONATONE ENGINEERING SERYK][5 PROVIDED BY: SCOTT R.MORIN 1.GORDON FAMILY TRUST t:Nf.4APEAKE BAY SITE SOLUT10 ,INC. SHEET 1 Of 5 P.0.Box 6653 V1R ill BEACH.VA 23+S6 DATE:SEPTEMBER i6, 2015 REV P«,op (757)576-3715 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 5 Site Photos 'y..rr 4, h s . s IiiiLj i ' . . ---71 _ .� ,...---�fir___ _ ,.; - ,:-. .Leir �_ _ `� _ - —:. —.fi----- _ r � G=�i _ mil �-1011!e:3°F , 11 II 11 rtili -!1 {001--0- ii, .. !`• tlt.. . 1.s ! 1lE�e • \ r , � lfl �l.. '' \ , ., v.'- .4.: . ..44, . .., - �y. 1 i j -i t 3 a t? --- +ram Lorna C. Donatone, C2PRT et al. Agenda Item 6 Page 6 Site Photos # Q a , t- y V ' t .N __: $. . 'L.+. 4: • ems. ICF 1* w ' . +S'aa .. ,..., . ..., _ Wit_ ... .. „.. . „..7..7„,..„4,_,.li,�' �� +� #f f [pa J: i ., . . • �d 2 t . Y��R� �so f 4 777 F ..a'I` ,y I�`.3Ps ,ram'- "T.' '•"` 7 r R sm pA • f -_ f } t ....•-•,.. Alt y ♦- s. Y Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 7 Disclosure Statement Loma C.Donatone QPRT DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two 2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationis). APPLICANT NOTIFIED OF HEARING DAT( NO CHANGES AS OF DAT) 8/25/2020 WKM. O REVISIONS SUBMITTED DAT' Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 8 Disclosure Statement • CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Loma C. Donatone QPRT If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 9 Disclosure Statement • . be. . . , etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the aoolication or any business operating or to be .perated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 10 Disclosure Statement Accounting and/or preparer of your tax return l l ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than .1 the Applicant)-identify purchaser —" and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors East Bay Construction ® � Engineers/Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) // Legal Services Real Estate Brokers/ �-, Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 11 Disclosure Statement • • certi t at a o t e in ormation containee in t is Disc osure tatement orm is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. f?i(I �� Lorna C.Donatone QPRT �_a i APICNT S SIGN.Al URE PRINT NAME Page 5 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 12 Scott R.and Katherine K. Morin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City C unci! meeting that pFrt.=;ins to the anplicationts) 4 APPLICANT NOTIFIED OF HEARING a=, NO CHANGES AS OF DATE 8/25/2020 W1M, 0 REVISIONS SUBMITTED DA? Disclosure Statement 1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Scott R.and Katherine K.Morin If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER 15 NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 14 Disclosure Statement IT . . .. . . . . etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 15 Disclosure Statement 4 ix' Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers 3 Any other pending or proposed El n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ', 0 Construction Contractors East Bay Construction LEEl Engineers/Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing(include current Ei mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 ® Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ m an interest in the subject land or any proposed development Fa contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 16 Disclosure Statement l cern t at a o t e in ormation contalne• in t Is Disc osure tatement orm is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Scott R. and Katherine K. Morin i11- APP ;teat Pr NAME It fnel.1 Ay K-6,kUrt4!v •?-a I. Page 5 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Lorna C. Donatone, QPRT et al. Agenda Item 6 Page 18 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item # 7. Lorna C. Donatone, QPRT [Applicant] Lorna C. Donatone, QPRT and Scott & Katherine Morin [Owners] Conditional Use Permit (Community Boat Dock) 1421 & 1423 Blue Heron Road June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: The next item on consent is item number seven. Lorna C. Donatone, QPRT for a conditional use permit request for community pier at 1421 and 1423, Blue Heron Road in the Lynnhaven District. The applicant's representative is Mr. Bob Simon. Mr. Simon, when you begin speaking, please first identify yourself for the record, and indicate whether you found the conditions acceptable. Mr. Simon, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Simon: Good afternoon, members of the Planning Commission, Robert Simon for the record representing Donatone on this application. We are in agreement with the conditions. Thank you for placing this agenda. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff 1 and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1 , 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 2 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing no hands raised, the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel 3 free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road", prepared by Waterfront Consulting, Inc., sealed October 9, 2019 or as modified by the JPA Permit. 3. No commercial use of the pier shall be permitted. 4 / - ` \ of �` J�� � N �" �o �Y_ ♦ -fir' 00 ty wilik 1 '1- (ft C> Q 0,^� > „ LL �-- 3 o / gip, icy 0 c -.0 o?0/ * >o a ��T/f I O OM I Q. Imo' `/' 4 \ / 0 ` f 7 Le) co -- - / /` , \\\\,, 4 i,___ \\ \\1/4 ci) H Jf - \N\ \co\\N - . .\\,\.\. .\ .?c," 1 N L m CO za �f �; CO - C \talk /h°8 ylo o CD is .. I >1f1 l to N �m 1 0 \% U * mac' Pie .., `w< CO o C v tit"/ Q i - 08 woo Q r71,7 *-----i 49 le 'Q 0Z?r1' J F7114- o 969'/,:si y o aw ' '- . se -....-,, i ,,,„'41 D ,I -I tQy ,:tr eae I'' -.- / * ij In/ '' / , , co 0 ED .-; - n �� } ' Sao `' / c) cn a` N<iQ — a CO 0 M 1 o ;tr dorytr�ll Ell- ., pr.4!u'M",, N ) za CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: INKCREDIBLE TATTOO, LLC [Applicant] DAM NECK CROSSING, LLC [Property Owner] Conditional Use Permit(Tattoo Parlor) on property located at 1630 General Booth Boulevard, Suite 112 (GPIN 2415541078), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on June 10, 2020 and by the City Council on July 21 , 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor within an existing 2,500 square foot unit in a shopping center along General Booth Boulevard. No exterior changes are proposed to the building except that an internally illuminated building-mounted sign is proposed. • Considerations: The proposed request is an acceptable use in this location as the property is surrounded by commercial properties and, as required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of the site. No additional parking is required within the shopping center, as it was designed to accommodate a variety of commercial uses. The proposed sign will meet the standards of the Zoning Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. INKcredible Tattoo, LLC Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department7220 City Manager: py Applicant INKcredible Tattoo, LLC Agenda Item Owner Dam Neck Crossing, LLC Public Hearing September 8, 2020 N City Council Election District Princess Anne 7 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation E Approval • Staff Planner \ at Jonathan Sanders Dam Nadi Road if Location wz 0,, .„, S :q' ,� 1630 General Booth Boulevard, Suite 112 „,..41,r44 v GPIN , � (7,j 2415541078 \\ ,,.k.. ,4 / ,4, Site Size 12,71 acres AICUZ to Less than 65 dB DNL oa o I: . Watershed \ �`� m� o Southern Rivers Existing Land Use and Zoning District Shopping Center/ B-2 Community Business °,, � 1. Surrounding Land Uses and Zoning Districts +� m . North `P 't ;�— ' - Single-family dwellings/AG-1 &AG-2 Gym .,` Agricultural 0 e� 'tM r 6 0 3, South •e// ' ! 'fir ,.' �C s fre Restaurants, mixed retail, mini-storage/ B-2 s- Community Business ' ' ` " F - q . .µ East g'. ,. r . • r J ,: Vacant/AG-1 &AG-2 Agricultural t w West F :4. / I i' ., % � General Booth Boulevard e Single-familydwellin s restaurants, mixed /p " � " `oi �. dwellings, ,_. retail/ PD-H1 Planned Unit Development, B-2 Community Business District INKcredible Tattoo, LLC Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting to operate a Tattoo Parlor within an existing 2,500 square foot unit in a shopping center along General Booth Boulevard. Based on this, a Conditional Use Permit application has been submitted. • According to the application,four employees are anticipated. • The hours of operation are proposed as 11:00 a.m. to 9:00 p.m.,Tuesday to Saturday. • No exterior changes are proposed to the building except that an internally illuminated building-mounted sign with green fade to black channel-style letters is proposed and is depicted on page six of this report. n--6 ,, b /4t/ te , G4, . k',_ 1,- , ' T, i 4 r e ''...., ', / 1. ' f -i. {'2'1 Zoning History ~V '�4 iric .8 '�P' %.' 4? t # Request T `��r `� ��`� '," „ 1 CUP(Car Wash Facility)Approved 11/20/2018 �` .+� ,, % ,rt'-i� , 2 CUP(Indoor Recreation)Approved 05/16/2017 ,f ' / ,him>I CUP(Motor Vehicle Rentals)Approved 05/27/2014 ` ` / e� ,���r��f,r1�. , , 3 CRZ(AG-1 7 AG-2 to Conditional B-2)Approved �il; rr & P< N '.� r .a�,�, . C - �tc>; 06/10/2003 �� A. ''�` « -to` CUP(Mini Warehouses)Approved 06/10/2003 �ei G'•': W ;:%4,1 <'<-1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Conditional Use Permit request for a Tattoo Parlor is, in Staff's opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the area and the proposed sign meets the standards of the Zoning Ordinance. No additional parking is required within the shopping center, as it was designed to accommodate a variety of mixed retail uses. The site is surrounded by commercial properties and, as required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of this request. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections,cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. INKcredible Tattoo, LLC Agenda Item 7 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 32,300 ADT' 32,700 ADT (LOS 2"D") No Change is Anticipated 'Average Daily Trips 2 LOS=Level of Service INKcredible Tattoo, LLC Agenda Item 7 Pane 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on September 4, 2020. INKcredible Tattoo, LLC Agenda Item 7 P;w d Proposed Site Layout ■ • - OI;IIn �1 _ IHILH1ffli me • ele ElI11, !1111111 LOTS fFI NESS Ifnu moul I Unit Not Included KFL kt r,,k,d�d 1 eeweraL Booth .Lvol. INKcredible Tattoo, LLC Agenda Item 7 Page 0 0 (A rD - V) Qqa PROPERTY OF I 410 I 220•' SILHOUETTE ear d1 al I -- -- 210" SIGN CORPORATION 2629 Oren Or•r Virginia Beach.Va.23452 Phone: .(757) 486 3412 = _ L' . INK d...bie tattoo ' FN%: No N (757) 486-7658 'v, E-Mnil: ✓ '- SSTOLLINGS® CARDINALSIGN.COM Cl,n„r, CHANNEL LED LETTERS ON RACEWAY Inkcredible FACES - WHITE Tattoo RETURNS BLACK Sian Loc"tion: TRIM - GREEN JEWELITE 1630 Gene alBooth Blvd SILHOUETTE - BLACK TO GREEN FADE Va Beach VA 25'. X 210" = 36.4 SF , Decogn No.: .ir 29126 ,\c, 3 A•et`{s. L , 0 kd - -.RACI WAY .— WALL ► - ALUMINUM RILNon c,rc i•,Ir•,rnan: ir Lel re*I:ARINII Stan Stallings IF--71MCAP INHcrediblo ,it I 1 t'�„L. ,/2 1 G"7IhRU eOLTF ►R1„ _.PLAATIC IACI n m 411-CENITRS 1/2 1'-0" (.I I' --LCv CIRCUIT i WARD � u. ,:: • 2 25-29 Id,v^r ar,a x a,ie IRANLrOAM2A Neel.III.Alf nw _. r , Y um3 .xa-e.d.. AIL :,i S r CT.- EXISTING (NTS) PROPOSED (NTS) Z n rD CD a_ D >S DO fD fD —i I„ aU , r-. - — 0 CD o 0 I- rn n Site Photos {f . -. ... -- per_ T .. - t i ca ! vi a snip ..—r� f;.� ; siksititk ee- • •tti f p,l * ' • 1/4 i�. 5 _ kA.:,4,‘..• iir F ',' ..,k;„,,,.-'-'7, t i 10E- t. El INKcredible Tattoo, LLC Agenda Item 7 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME INKcredible Tattoo, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2:'vwee4s prier to ar.,, Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) El APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DATE: 08.25.2020 JS ❑ REVISIONS SUBMITTED DATE: INKcredible Tattoo, LLC Agenda Item 7 Page S Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:INKcredible Tattoo, LLC If an LLC, list all member's names: Mattlock Lopes, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary .' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. A Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Dam Neck Crossing, LLC If an LLC, list the member's names:Robert Raphael Page 2 of 7 INKcredible Tattoo, LLC Agenda Item 7 Page 9 Disclosure Statement 1)13 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 INKcredible Tattoo, LLC Agenda Item 7 Page 10 Disclosure Statement :VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) // 111 Construction Contractors Cardinal Sign Corporation '=' Engineers/Surveyors/Agents Financing (include current ❑ ' mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes, Bourdon,Ahern&Levy,P.C. Real Estate Brokers / ❑ „ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 INKcredible Tattoo, LLC Agenda Item 7 Page 11 Disclosure Statement 0 Virginia Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. _ 7UR�� _Aft_ i Ck Lgxs Mjr E ~PRINT NAME DATE Page 5 of 7 INKcredible Tattoo, LLC Agenda Item 7 Page 12 Disclosure Statement 1VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Kahn+Goodman CPAs your tax return ❑ /, Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ `' Engineers/Surveyors/Agents Financing (include current Wells Fargo /� mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services David Graker,Esq. Real Estate Brokers / Shopping Center Group:Karen ® ❑ Agents/Realtors for current and Mikulski&Debra Ramey anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ �� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 INKcredible Tattoo, LLC Agenda Item 7 Page 13 Disclosure Statement NB, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Darn Neck Crown / By 44/ 9/17- /4/2/ PROPERTY OWNER'S G A u PRINT NAME DATE Page 7 of 7 INKcredible Tattoo, LLC Agenda Item 7 PAPP 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. INKcredible Tattoo, LLC Agenda Item 7 Page 15 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item # 5. INKcredible Tattoo, LLC [Applicant] Dam Neck Crossing, LLC [Owner] Conditional Use Permit (Tattoo Parlor) 1630 General Booth Boulevard, Suite 112 June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman:Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1 , 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number five, INKcredible Tattoo, LLC for Conditional Use Permit request for Tattoo Parlor at 1630 General Booth, Boulevard, Suite 112, in the Princess Anne District. The applicant's representative is Mr. Eddie Bourdon. Mr. Bourdon when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Mr. Bourdon the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Bourdon: Thank you, Mr. Landfair, Madam Chair, and members of Commission for the record Eddie Bourdon Virginia Beach Attorney representing INKcredible Tattoo, LLC. We appreciate the item being on the consent agenda, a►l three conditions are acceptable and also want to thank Jonathan Sanders for his work on the request. Mr. Landfair: The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new 1 condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1 , 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. 2 Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of eight for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. 3 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4 --o_E.93_.e/,__/77//. 2/_.1__._._____:"_.:...________ .,-----------'e------) _ ___-___.__-i-__-1__,,_____'__-_.____I sAo._-l.y -__-__-_-_.i_-___i__-.-.._.\-._„-‘,.-__-_,,__\__--_-____\.__-___,\-____\___--,-____________-____- v: n Roa::0r-_d .__-_.___-_____i_____.._" _ .-I," __i____\:__\_, J` tD 1 d 5 1.a �� _(__\_ Bt2 B-z err.- , CD 2: \ \\I ______ . 1_-___-- eI '----\\ , 2 B- c, ‘ ,..-- \ ,,:k \ -----::::---- 1----- ----------------- --'----"- --"\-' ''. , , ------ \\\ V'\ Z \'; \ '' \ N 7 i, Site w ��`-\� L. Property_Polygons Vogue Lashes & Spa -N Q 993 Laskin Road s Zoning Parking Lot Drive Aisle •• mamma _ mis _Feet Nue I w.. Hl [ .5 o i>> kl......vodp. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VOGUE LASHES & SPA [Applicant] LASKIN ROAD, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) on property located at 993 Laskin Road (GPINs 2418710188 & 2418711270), COUNCIL DISTRICT— BEACH MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on June 10, 2020 and by the City Council on July 21, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor specifically for the application of permanent makeup, known as microblading, within a 1,883 square foot beauty salon. Beauty salons are a permitted use in the B-2 Community Business District; however, the microblading operation requires a Conditional Use Permit for a Tattoo Parlor. The salon will occupy a portion of an existing retail building that was previously occupied by a retail business. The building is currently undergoing both interior and exterior renovations. No expansion to the building's footprint is proposed. • Considerations: As required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of the site. Other salons in Virginia Beach have successfully incorporated microblading services without incident. As the existing sign may exceed current maximum size standards and consistent with how nonconforming signs have been addressed in previous applications, Conditions 4 and 5 are recommended that requires the removal of the free-standing sign along Laskin Road and that all signage conform with current sign regulations. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this application. Staff received a petition of support with four signatures which was provided to the Planning Commission and is attached below. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is Vogue Lashes & Spa Page 2 of 2 rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road, as shown in the photographs on pages 12 & 13 of this report, shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 12y City Manager: ,1 0 Applicant Vogue Lashes & Spa Agenda Item Owner Laskin Road, LLC Public Hearing September 8, 2020 8 City Council Election District Beach Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation / hS„oet , o Approval i �,h"�+t5,�eel. . 'csc. ""mod 11 Staff Planner - R ir ,10 Olt Hoa N. Dao pno CV WO``J6 ._. Road �Oth Na���s�✓ Location o 0' r - "`` " ?o� p a_ ,nth s ' 993 Laskin Road � ` , . GPINs . 2418710188 & 2418711270 1 0� Tansy«7• - - -- 1111111 Site Size 3`" i. do-WsY - 1-- 16,500 square feet v� O° =� AICUZ "‘ 70-75 dB DNL; APZ-2 1'r6"�' Ord Watershedfill. '2";nd Chesapeake Bay Existing Land Use and Zoning District Retail/ B-2 Community Business . pit OP/ 4,4 41 Surrounding Land Uses and Zoning Districts ..5- ' ' � . t 4741 * 1 4 North t ad Laskin Road ;r .Cad ,� 1,a0,;"� Mixed retail / B-2 Community Business '0.50 "F +. k. * -, _ :41 . South Office/ B-2 Community Business is East - •• Craft Distillery/ B-2 Community Business _ - -' 4 ' a West ` - S. Oriole Drive Restaurant/ B-2 Community Business .41° .: .4. `Z Vogue Lashes &Spa Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting to provide permanent makeup, known as microblading, within an 1,883 square foot beauty salon. Beauty salons are a permitted use in the B-2 Community Business District, however the microblading requires a Conditional Use Permit for a Tattoo Parlor. • The salon will occupy a portion of the 8,580 square foot retail building that was previously occupied by a retail business. The building is currently undergoing renovations to the exterior and interior. No expansion to the building footprint is proposed. • Adequate parking is available on-site and from the adjacent distillery and movie theater, through lease agreements, as shown on the parking layout depicted on page seven of this report. • The proposed beauty salon with microblading, classified as a personal service establishment, is considered a compatible use in the 70-75 dB DNL and the Accident Potential Zone 2 of the Air Installations Compatible Use Zones (AICUZ). • There is a nonconforming freestanding sign on the property and the signs on the submitted renderings appear to be too large. As is the typical approach to bringing sites into compliance, a condition is recommended that all signage be in conformance with the requirements of the City Zoning Ordinance. A-38' F r,, \--.7.-)14 / l..'''"'"'6 A3 • - _ Zoning History �� # Request Ili �, o 1 CUP(Craft Distillery)Approved 01/07/2020 s " , 2 CUP(Mini Warehouse)Approved 05/22/2012 o __I 5 j `• cool" Ilt 3 CRZ((R-5 Residential District to A-18 Apartment District) -- I , I a Approved 10/19/1979 24, _ . . .,. t. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The vacant 8,580 square foot building is currently being renovated for retail and office uses.The beauty salon will occupy 1,883 square feet of the building, and the microblading service will be a component of the beauty salon. The proposed use will renovate the existing retail building to a modern and high quality design building for office and retail uses which will attract much-needed life to this formerly vacant retail building. The site is surrounded by commercial properties and, as required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of this request. This proposal appears to meet the requirements of Section 242.1 of the Zoning Ordinance for a Tattoo Parlor. Vogue Lashes &Spa Agenda Item 8 Page 2 Staff did note that the building signs depicted on the renderings provided for informational purposes may exceed the maximum size standard. Consistent with how nonconforming signs have been addressed in previous applications, Staff recommends Condition 4 that requires the freestanding billboard sign along Laskin Road be removed and Condition 5 that states all signage, building or freestanding, comply with the current sign regulations. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. As the site is commercially zoned, Staff finds the proposed offering of microblading to be a good use at this location as it meets the distance requirement set forth in the Zoning Ordinance, and is compatible with the commercial and restaurant uses in the surrounding area. Staff recommends approval of this proposal subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road, as shown in the photographs on pages 12 & 13 of this report, shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject site is located within the Urban Area—Resort Strategic Growth Area (SGA) along the Laskin Road Gateway which serves as an entrance into the Resort. The Resort Area Strategic Action Plan calls for the creation of great districts with distinctive identities and improving transit and pedestrian connections between destinations. Vogue Lashes &Spa Agenda Item 8 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 25,000 ADT1 34,800 ADTI (LOS2"D") No Data Available Oriole Drive No Data Available l Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road and Oriole Drive are in the vicinity of this application. Laskin Road is considered a four-lane major urban arterial and Oriole Drive is a two-lane local collector street. In addition to the existing four-lane section of Laskin Road, there are two, two-lane local access roads (i.e., feeder roads) parallel to the mainline portion of the roadway; one on the south side of Laskin Road and one on the north side of Laskin Road. Access to this parcel is from the feeder road and Oriole Drive. There is a CIP slated for this segment of Laskin Road. Laskin Road Phase I-B (CIP 2-156) is for the construction of a six-lane divided highway in a 150-foot right-of-way from Red Robin Road to Oriole Drive and the reconstruction of the Laskin Road /N. Birdneck Road intersection. The feeder roads along Laskin Road within the project limits will also be removed. There is currently no funding for this project and because of that, the design phase has not been initiated for this project. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • Staff received a petition of support for the proposed Tattoo Parlor with four signatures. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 9, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. Vogue Lashes &Spa Agenda Item 8 Page 4 City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Vogue Lashes &Spa Agenda Item 8 Page 5 Proposed Site Layout (1`d1d) ,9Z'88 °� (Q13u) ,l 1'88 3„oo,oS.£IS o 5 _ et, 7' I [ s Z O 0 O oZ — CD VI a - LJ O m . O O 3 I- 0 e . W z co . o it E ` O 3 ce 1.---.‘0 i__T U .i tD • J W O Q IR so ,J Q I a. E }} _ to "� L-I _7 vv li� i� [V 03 Cr) ) •ivv j O O i O Q Lii 3 >. 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Vogue Lashes &Spa Agenda Item 8 Page 8 Site Photos b , -9�}.- % '�- .� I I ,,,__- t'lCZ _a „:.„, l'illir .r4 t lion,r _ r - _-- z . ` 1 Vogue Lashes & Spa Agenda Item 8 Page 9 Site Photos w '� /.77 t/ F.',- // .m•ar - --, r 1 Ni _ . \ _ f . ,., I Illiq , . „ 31.1];;;i—rjiij.,j ., Iit- f s -w�4� - Vogue Lashes & Spa Agenda Item 8 Page 10 Disclosure Statement \/13 Virginia Beach APPLICANT'S NAME L/; a� Lc,s\-t es S SPU DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DA1 L. ® NO CHANGES AS Of DATE. 08.25,2020 HD REVISIONS SUBMITTED DATE: Vogue Lashes &Spa Agenda Item 8 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. gCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ v0(?�Ae_ t-o.S‘nes If an LLC, list all member's names: V—G,�k1h If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names:Sic :C2 �� 541-r_1.1 Ste-v-k_ C,.�-c�;may 1 Page 2 of 7 Vogue Lashes & Spa Agenda Item 8 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vogue Lashes & Spa Agenda Item 8 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E Accounting and/or preparer of your tax return l i l Architect/Landscape Architect/ l ' Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors Engineers/Surveyors/Agents Financing (include current • E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ELegal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Vogue Lashes & Spa Agenda Item 8 Page 14 Disclosure Statement . VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ` APPLICANT'S SIGN PRINT NAME DATE Page 5 of 7 Vogue Lashes &Spa Agenda Item 8 Page 15 Disclosure Statement VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if �f needed) I,/I ❑ Accounting and/or preparer of Q�^r�S�Ex��Y l\ I, J your tax return N�-,\.., — - n..,— . I., l ❑ Architect/Landscape Architect/ L�J Land Planner „-,lr \ s ,}, ? !�Contract Purchaser(if other than E ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) V ❑ Construction Contractors ,rc,.a;,‘!'-c.-o-s‘ P«}.,,,-5 Li--c_. E ❑ Engineers/Surveyors/Agents S 1'C.. jy_,,.� -L i. C�- : ,. S pL Financing(include current mortgage holders and lenders E ❑ selected or being considered to provide financing for acquisition or construction of the property) —�tS----.\. ❑ C Legal Services Real Estate Brokers/ ..,44-e-771'r-..a""\ ri/ ❑ Agents/Realtors for current and anticipated future sales of the 'P..r_..At_ i-5- . t-L G o r .J subject property P SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development III ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Vogue Lashes &Spa Agenda Item 8 Page 16 Disclosure Statement 1VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S e CNATURE PRINT NAME ATE Page 7 of 7 Vogue Lashes & Spa Agenda Item 8 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Vogue Lashes &Spa Agenda Item 8 Page 18 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item #1 Vogue Lashes & Spa [Applicant] Laskin Road, LLC [Owner] Conditional Use Permit (Tattoo Parlor) 993 Laskin Road June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Madam Chair, the first Consent Agenda Item is Item one Vogue Lashes and Spa for a conditional use permit for a tattoo parlor for the property located at 993, Laskin Road in the beach district. The applicant's representative is Mr. Ilya Kalikin. Mr. Kalikin when you begin speaking please first identify yourself for the record, and indicate whether you support Staff recommendation. Mr. Kalikin, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Kalikin: Good afternoon everyone. Yes, we are applying for a Conditional Use Permit for this spa. That is our second location, and we are only looking for the permanent makeup part for that. Mr. Landfair: Thank you. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. 1 Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, Staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I motion approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. 2 Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE 3 Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road, as shown in the photographs on pages 12 & 13 of this report, shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 Item l: Vogue Lashes & Spa To the City of Virginia Beach: We, as neighbours of Vogue Lashes & Spa located at 993 Laskin Road, Virginia Beach show our support of their addition to their beauty business of Conditional Use Permit for Tattoo Parlor (limited only to Permanent Makeup) with our signature below: Name: 2O -55 I5 Address: -land-yG coaS4 MT ate: 91-\a, mcpcvicAtk '934)- G'� k. - U i Z9Ls1 Name: )0 3-7A I jL Address: Date: He q- GZndl S��ee 'Rvyvn M c D o JAG( iG�. 'i✓ Y�i 0� cc.� � ,VM A-is( 12-02-t Name: Address: Date: MG\V9 Ock- 1 --09,0°V\ L. 69 LA-1-R€, (*ye. Ui►r 1nv4 0 -,V /9 lc Name: i 5 1_ `1 65 Address: atV y5 Date: (� Sake d0 3 P L .)vt5e c� �Wi C)DtA_C Name: Address: Date: Name: Address: Date: A-12* t-- - I I , c0./ 4F9.4 =12* r `//3- A-18 m 3/� / A 4://7 $' / N, , 1. , A_12* s N\ Site �� � t Property_Polygons H M C, LLC 1 1-1 Zoning 4669 Merrimac Lane Parking Lot Drive Aisle Feet f Building 0 510 20 30 40 50 60 v, ) ,, <i �ty,__ .1f77 ,,z,:z...:.12. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HMC, LLC [Applicant] MINH VOUNG [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4669 Merrimac Lane (GPIN 1478318103). COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The subject 4,238 square foot parcel is zoned A-12 Apartment District and located in the Bayside District. The site is developed with one townhouse that according to City records was constructed in 1985. As the subject unit contains three bedrooms, three off-street parking spaces are required. The maximum occupancy for guests on-site after 11:00 p.m. is three people per bedroom, or nine people in this case; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The subject three-bedroom townhouse is one in a row of nine. There is ample space on the site for the three required parking spaces to be stacked in the driveway. Due to the development pattern of the neighborhood, there is limited on- street parking spaces available. No records of violations related to zoning or Short Term Rental use were found on this property. All requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is HMC, LLC Page 2 of 3 rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac Lane 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. HMC, LLC Page 3 of 3 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department --91 City Manager: NIB Applicant: HMC, LLC Agenda Item Property Owner: Minh Voung Public Hearing: September 8, 2020 City Council Election District: Bayside 9 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation " ..-- Approval Staff Planner \31* w- ::- :-3 - IOU 4669 Merrimac Lane GPIN ist 1478318103 Site SizeNillilleAir ,-: ` 4,328 square feetiiip *At 3 , Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North Marshland/A-18 Apartment South Townhouses/A-12 Apartment East Marshland/A-18 Apartment West Merrimac Lane Townhouses/A-12 Apartment HMC, LLC Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • The lot is 4,238 square feet and zoned A-12 Apartment. • The site is developed with a townhouse dwelling.There are nine townhouses in the row. • City records indicate that this townhouse was built in 1985. • Staff inspected the site on February 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity \ , u \ c,J Vi d ,,,,,,, k4... ;\_,,,i . „......... , \e- s „.7-„„ i 4 . .. iti $.: f" va �•..\ _;eke a.„ 40?),M 1 �;� • t1 STATUS • Approved '- '�� 't • Dentedkli --„.: Q Under Review - k / o10 �, --Registered t� i� Li � /�. _ l'�r---\• l , K:• HMC, LLC Agenda Item 9 Pane 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: Three • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): Nine • Number of parking spaces required (1 space per bedroom required):Three • Number of parking spaces provided on-site:Three � U`Q 7 � SN Y 5 r Lip lirrap--a:, %11.\3_\ *---Z o B s° gdDbi Au �A-3 1 3 0 �g���� , ��i J No Zoning History to Report OT 7\.Ld!� •.h.. -\ ,, rii+i � �.1 ; -Ir. 1"7111iiiiiP Nat 0 0 0 .. R-7.5 B'2 40\ O� - / \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 4,238 square-foot parcel located in the Bayside Villas subdivision. The subject three-bedroom townhouse is one unit in a row consisting of nine townhouse units.The layout of the typical townhome unit shows the required parking being accommodated between the front edge of the dwelling and the right-of-way.There is ample space on the site for the three required parking spaces to be stacked in the driveway. Due to the development pattern of the neighborhood,there is limited on-street parking spaces available.All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. HMC, LLC Agenda Item 9 Paee 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac Lane 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 two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. HMC, LLC Agenda Item 9 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on September 4, 2020. HMC, LLC Agenda Item 9 Page 5 • Site Layout & Parking Plan CREfK S 4413'46- W 6556'.. FENCE' ON PkutE Jv L4N( / nwnl ro f'^""`. ram-. it I II i PiN 'wND 8' X 10' FRANC SHE`CT LOT 1$ 1615' 20' OF SLOPE GPlN 1478 31 8103 A / 1 r i DECK "VAC 1. _ ,, _ (AMONG CONOICR cw Pk',„r-j-COVE"P(D PATIO ROOD Ft NE't S ` 1 6 i^ Townhouse t mp Of 000 IN ' r �' I 3 Surface 1 • ,- le Parking PARCEL $4 I NAP 90047 I14 pAG( 4 1 spaces • PIN r07.0l0 1 v la Vs 1 W5ti E w \:. sip DRIt 1 Hai FOUND WA TEN i 1 tp- rn kP£t(R ` ' '. p* PIN f p0ri0, AS `-CONOWIL Den(WAY r :.// Merrimac Lane 0 MtRKIMAC LANE `rye } CC D' frHT cm *AY MAP QOGfr 7 71 PAGE 7 HMC, LLC Agenda Item 9 Page 6 Site Photos i ) x0,1; i. 1 t ')u .r' likki ,/ itott:,•.!_ ..- • .., ,,,".-. ,,, ',0'' -1.,-,41;',.e... , Ak'(//A r, -,*:t,. Iii.. ' 1 A f J)0 iI .- . .. ��� � I , 0, ky. x _ ; • tl a a Z. TS 1 ' e es _ HMC, LLC Agenda Item 9 Page 7 Site Photos . , . . , , . - ...emir. a 4 •fir All lik HMC, LLC Agenda Item 9 Page 8 Disclosure Statement etIB Virginia Beach APPLICANT'S NAME H //lc . LLC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program I Changes Exception for I (EDIP) - Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 1 — —4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disdosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the aoplicationO. APPLICANT NOTIFIED OF HEARING DATE: 08/25/2020 - /� Er NO CHANGES AS OF DATE. 08/25/2020 REVISIONS SUBMITTED DATE: HMC, LLC Agenda Item 18 Page 9 Disclosure Statement OF Q Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.1' 1� (A) List the Applicant's name: '_1,11 If an LLC, list all member's names: uuri0/0) M,'nh Vuorlg . If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. � 1 (A) List the Property Owner's name:_[ �J inh_ Qcit7 . — If an LLC, list the member's names: L`� Minh JJcnc). Page 2 of 7 HMC, LLC Agenda Item 9 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anybusiness operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 HMC, LLC Agenda Item 9 Page 11 Disclosure Statement APPLICANT Virginia Beech YES] NO] SERVICE PROVIDER(use aedidonal sheets If needed) Accounting and/or preparer of your tax return L] Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Fithe Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed n (�J purchaser of the subject property I ' lug (Identify purchaser(s)and purchaser's service providers) XConstruction Contractors n M Engineers/Surveyors/Agents Financing (include current Lin;fai VAIde ,te orj ije n X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n _ ® Legal Services — Real Estate Brokers/ V4 Agents/Realtors for current and u anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 HMC, LLC Agenda Item 9 Paee 12 Disclosure Statement IM Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is ' complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this _Application. t.ii�� d- cctVN ►Jtic�nrC� — t -6 kPPLICANTS SIGNATURE PRINT NAME DATE 1 Page 5 of 7 HMC, LLC Agenda Item 9 Page 13 Disclosure Statement VB OWNER Virginia Beach YES NO SERVICE PROVIDER tune additional sheets If needed) ® Accounting and/or preparer of your tax return l i ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n El purchaserof the subject property I (identify purchaser(s)and purchaser's service providers) ® Construction Contractors U ❑( Engineers/Surveyors/Agents Financing(include current tJri k4 ltihole�c+ ie ).oritage f I V mortgage holders and lenders c�IOenfioro- Lcx�n! u selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services - - -Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject ro rt j • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development U contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 HMC, LLC Agenda Item 9 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. s — kitit chi IJgoat6 PROPER'1Y OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 HMC, LLC Agenda Item 9 Pace 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HMC, LLC Agenda Item 9 Pane 16 STR VICI ITY MAP HMC, LLC-4669 MERRIMAC LANE \,:mkui*. iNN-K( 2. - \ y/ u i \ mil ,,,, , ___.4 ilysisc. • �% �% - )// am 1 is'wir,.. -,/, , ,), 2(/ 0 .___ litLoilit i ..-- lap Ei, v (‘- _ °4'4 .°\ * I '''. 111'1111-7*** . 441*.k..fr \ 4S •/t;1.',w,r\,,, _� -e--.-\ Q� ..-PT-‘-6 ram^` , i—,,TA?''l'',,:,,i4,,.4Ii,M7*:_I'‘I\..-'.t\. I1t - * `;`� ♦ broke - -7/,-4/-.v15-54it 1t;-q1-1 —.t„„iS„._1l.m.0.l--i,i-„r-i\-i.l\;„l\\-e*11-)...a-11.1i_,i\_-v1..I10-1I'1 v-1:i,1'1%.N11_1,O1.1 _1-I1,,1-.-.rT.0:l,,,..a.*:&1,\r 1N..,-.,-_:_,,A_,_tWt11_4,/6 '.V,*1,:e'',...':..4i\4..-'' .7T,l,Aa,.7 e 1 6,,4O.4•fr_,1r.:;„,,#!ki0.g,,.,/tg.tAl i_.t4:111_1't dI.i-_t.-.1e k..V-'-_„-(-ai-,.k l4-7—.-.\- --_1' 1',Igo'' ._�V v. _ �� i ., "-. -; `' - , ,,, fig — ..-_t -'co -. '' -'' 4# Infit- -111*///1 -7a STATUS *.• 'WAP s''' Approved v iiik- .\\ a ., , �� •j4 Denied � �)� ��� �� ���� � AI 0 Under Review ? J �''•�� +•' _ p'rl �r�! 0!`���' o ,► �r / ,1 'in a1 Q Registered 7 �t:' NNW' I/`�-' J . i I. The verbatim of the May 27, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item #18 HMC, LLC [Applicant] Minh Vuong [Owner] Conditional Use Permit (Short Term Rental) 4669 Merrimac Lane May 27, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are is no speaker signed up in opposition. Based on this morn ing's discussion,the following applications will be placed on the consent agenda. Items number1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1 , 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent 1 has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corn er of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank,who is the lender on item number22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. 2 Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine,for and zero, against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11 , 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 4669 Merrimac Lane and the Short Term Rental use shall only occur in the principal structure. 3 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permitfor a ShortTerm Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(numberof bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a'through 'c'below. This information must be submitted to the Department of Planning and Community 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 DevelopmentShortTerm Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each ShortTerm Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 4 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as ShortTerm Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the ShortTerm Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extin gu isherand,where natural gas or propane is present,carbon monoxide detectors shall be installed in each ShortTerm Rental. 5 R-75 ,� R-7:5 \ \ \-5 0-� -a \--"---\ .....„---- . (------. 1\ \---- .._-- \ c _.--- \ (01 ..-- ._ \ ---\ \- \ \-\ 0 ..., / / R-7�5, 10 ,,� .1'4 ' -\:_\, __-- ___ CD /A, / e r- -- -- \ R=7.5� ,___ -- \\,-, , � N .1,, Site ti'�'' , F , �, Property_Polygons Emily Perdoncin & Dennis Smith Q 2306 Oak Street Zoning Parking Lot Drive Aisle Feet 1 -1 Building 0 510 20 30 40 50 60 I 1 r u�tib l #1prt' ��l j��'a* CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: EMILY PERDONCIN & DENNIS SMITH [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 2306 Oak Street (GPIN 15904173230000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 6,900 square-foot lot on property zoned R-7.5 Residential District (Shore Drive Overlay). The subject property contains one single-family dwelling. City records indicate the dwelling has three bedrooms. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a three bedroom Short Term Rental is nine; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This site is part of the Cape Story by the Sea neighborhood and is located approximately 300 feet from the public beach of the Chesapeake Bay. The parking plan illustrates a concrete paver driveway that can accommodate all three required off-street parking spaces. The requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Staff did receive one letter of support that was provided to the Planning Commission and is attached below. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of Emily Perdoncin & Dennis Smith Page 2 of 3 this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling unit addressed as 2306 Oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by two (2)) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Emily Perdoncin & Dennis Smith Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 'Pi/ City Manager: 62 "NB Applicants & Property Owners: Emily Perdoncin & Dennis Agenda Item Smith Public Hearing: September 8, 2020 City Council Election District: Lynnhaven 1 0 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner William Miller110 Location $$$ ,' 2306 Oak Street lin * MN % GPIN Wig � . X Ali 1( i\ --:\ 15904173230000 Site Size ��� 6,900 square feet E ONIF Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North Duplex dwelling/ R-7.5 Residential (Shore Drive Overlay) it South Single-family dwelling/ R-7.5 Residential (Shore ' " ill Drive Overlay) East Single-family dwelling/ R-7.5 Residential (Shore "*.'"- Drive Overlay) --- " 4-, , IV-- itt - West , -,N Oak Street °" Single-family dwelling/ R-7.5 Residential (Shore , a Drive Overlay) Emily Perdoncin & Dennis Smith Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,900 square feet and is located within the R-7.5 Residential District (Shore Drive Overlay). • The site is developed with one single-family dwelling. • According to City records,this home was built in 1950. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • On-street parking is not permitted on the east and west sides of the 2300 block of Oak Street. 'No Parking' signs are posted. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity ••••••• 1001 id010%Ida\lie rikilted '0 g- IP. 01.%:1111POWS*11% '- ,,- ',Sc-51$ • 031P\soe •-•-- --- -0/Sti - ,_\.3‘— \- ci U,,,,,.- te 0 fsfkillittA• 614, ,f--1-- iiiiiiii , er ic,, ., --,_. S"'..mill velis Ira viimr, iii ''..011r-aillp jib 111011111,00111111 111V11111110 \--- .• 116\11411.10.1100'. 101 .._? firliir STATUS � pof0°1 — ' . i.• I 1 .- s e' - • Approved i•• . ., ,• ' S \_ I! k- • Denied t r . , <6S 1 i Under Review Q Registered - \____ '1 - IF , te• � 1 11' 1. Y \1 I � --- A�, 1 iC t i Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the single-family dwelling located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Emily Perdoncin & Dennis Smith Agenda Item 10 Page 2 • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 R-5R 12)/ 011 • R.V5 . Zoning History + Q �� # Request -•� ' ' ° • Q % " 1 NON(Expand duplex)Approved 05/28/2002 / �O 2 REZ(Comprehensive rezoning of Cape Story by the Sea) `i , '� �►,, Approved 10/11/1965 0 ro Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Cape Story by the Sea subdivision, which is primarily home to single-family dwellings; however,there are numerous non-conforming duplex units scattered within the R-7.5 single-family residentially zoned portions of the neighborhood. In addition,there are approximately five blocks of R-5R duplex Zoning District found in the northeast corner of the community,which contain mostly duplex dwelling units.The subject property is located approximately 300 feet from the public beach of the Chesapeake Bay.The applicant's parking plan depicts three required off-street parking spaces within the existing driveway which meets the requirements of the Zoning Ordinance. Furthermore, all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Emily Perdoncin & Dennis Smith Agenda Item 10 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2306 Oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by two (2)) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. Emily Perdoncin & Dennis Smith Agenda Item 10 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 1 letter of support has been received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24,2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Emily Perdoncin & Dennis Smith Agenda Item 10 Page 5 Site Layout & Parking Plan 2306 Oak Street / 3-Bedrooms 60.00' is------.= . PORT. f 9' x 18' parking FRAME U, space on concrete SHED 13.9' 1� L _� s I pavers LOT 405 k O \6?) 0 C .- \\ 3.1' wooD\ i ' X r i 15.0' .1. x 14.2'In AY K' 4.0'.r'i • \ 2 STORY :- M FRAME M '� #2306 1 6.O'. 38.1' �I� i, I I I N4;404 oN4 • � �= ' �PVI�iii i�. , SII � 4 OAK STREET (50' R/0 Emily Perdoncin & Dennis Smith Agenda Item 10 Page 6 Street View �St V • • .. . 7_,_ : ,`� Y9i wAfy,Vie. _ • '` ~✓t _ ^ '&7 .. ., , „.. , 01 . ' - . . ' - t: - ' ' 41x s 1 / _ 11*Iirille 'P. '.›.-"'_.,.- s 1- /�� ' _ita..:1•1 ,_ 4�'`�. � a--. icy.•' s �.c _ . 230 ,� / ` ".�yA, . , Street view from 2015 — There have been no known changes to the streetscape since this image was captured (Link) Emily Perdoncin & Dennis Smith Agenda Item 10 Page 7 Site Photos n 0. ,- i, • 4{ R' s.., , ;� '� r� s •.tip � i. III►►► . / Mtn vF .�:� �r .: ... t ' .1*,116._.'1.1" 41116.t-v '''''"-* ....At -..V4 , , . 1 , IIII .' - ` 1 • li Z -` a �_ �, y • ?? w't ' _ - . fit• _ _._ _' `' e r % _ \\\\` '- " §> yK`s`•F r'r r ,,.e.xsii fr•.f [•* , L, fit;. r - - _ -, S Emily Perdoncin & Dennis Smith Agenda Item 10 Page 8 Site Photos i 1:c... . . ^., ''' •Ir;. St • - SC.' ' ,'1 . µ . a•' si • y • ,s fi ITN- ; - .ter...."'"--- ilk.. r-.- ti Emily Perdoncin & Dennis Smith Agenda Item 10 Page 9 Disclosure Statement Virginia Reach APPLICANT'S NAME Emily Perdoncin and Dennis Smith DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals — — - - Certificate of Floodplain Variance Appropriateness -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE r FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit,Council meeting that pertains to the application(s). • ® APPLICANT NOTIFIED OF HEARING DATE: 05-28-2020 ® NO CHANGES AS OF DATE: 06-01-2020 and 08-25.2020 REVISIONS SUBMITTED DATE: -- _' William Miller— Wi. nwlvlaier06-01-2020 and 08-25-2020 Emily Perdoncin & Dennis Smith Agenda Item 10 Page 10 Disclosure Statement VIII3w Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT/S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aptlicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. u Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Emily Perdoncin & Dennis Smith Agenda Item 10 Page 11 Disclosure Statement V13 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. -- SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operating or_to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Emily Perdoncin & Dennis Smith Agenda Item 10 Page 12 Disclosure Statement Applicant and OWNER Virginia Bead YES NO SERVICE PROVIDER(use additional sheets if needed) �J Accounting and/or preparer of ohn Alleva-165 Bronx River Road ri FAO your tax return Yonkers,NY 10704.(914)237 1500 Architect/Landscape Architect/ vv .•. Land Planner Contract Purchaser(if other than❑ IV the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Ei ® Construction Contractors n Engineers/Surveyors/Agents ,NA• 1101n1-e) o•!P c• «Z23— C;r Nb, 5. r *rfoi4,Vk.2357- Financing(include current owne Bank-mortage lender. t l mortgage holders and lenders Emily Perdoncin-mortgage holder. selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers/ Amber Parker-Atkinson Realty, nAgents/Realtors for current and Rental Agent who will be managing Uhl anticipated future sales of the property.(757)425 2500 subject propert. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n z an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page of 7 Emily Perdoncin & Dennis Smith Agenda Item 10 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Aat'o� n,. �L, tm,1Li reitaoN N APPLICANTS SIGNATURE PRINT NAME DATE APPLICANT AND OWNER Page 5 of 7 Emily Perdoncin & Dennis Smith Agenda Item 10 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Emily Perdoncin & Dennis Smith Agenda Item 10 Pane 15 STR VICINITY MAP EMILY PERDONCIN AND DENNIS SMITH — 2306 OAK STREET Y -,-*\ .. .b),..,-,), ,, ._, \Woo ,---0--c- -- ---vire( ---A. \ • \ —0: - \,, ,,-, , ,,, r_,,-,,„...--- _,ca..—., ....„.. ..e._, iiitiv------ \ -"\-' 1 0 v,--\----- :2''.------;;;'''. : 111:' - \`--51-: '' \ \ ' 1 \ \,, -------'.'-- --\--"c"; - ' \\ . .,.- 1\ \ � r, fi .0 . ` t j 17[�_ ------\d -''''. ' -'\‘ \A \trr--:::..\`C:;--- ---,A _V-.... \\•, ....., V; .7 } 1, DrN� ° STATUS _, a�y�-� �,t / _ .. -- 0 Approved C l � ;'�' � 4 L 0 Denied L .-r* L- .,-5\-- : Under Review -�, V_` A--�a-- 'i+, _ i ti 1 r- ,- 0 Registered V: • -'A r — The verbatim of the May 27,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 8,2020,again due to advertising error. Item#22 Emily Perdoncin &Dennis Smith Conditional Use Permit(Short Term Rental) 2306 Oak Street May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose my membership of the Virginia Beach Advisory Board of Towne bank and have a letter on file as to my status as a member of that advisory. We do not approve loans or make those sorts of decisions under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move that I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second. A motion to approve the following application agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David 1 Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items 1 and 2 Southwest Corner of Princess Anne Road in South Independence Boulevard. The applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Towne bank, who is the lender on item number 22,but I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Towne bank or actually Towne bank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: I s ee no more hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed, say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. 2 Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, for and zero against, with one abstention vote on items 1 and 2 by Commissioner Weiner, the following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 2306 oak Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 4 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 To Whom It May Concern: Emily Perdoncin and Dennis Smith have been our neighbors since June of 2018. They are excellent homeowners and good neighbors who have kept their property well maintained. We feel confident that they will continue to do so, even as rental property owners. We support their application for seasonal rental status. Sincerely, Sean and Kim LaCroix 3T1 OcLg C+,/. c \ - d u . .. ......... .... _= (---\ V..............6t.oynwor,yooOR\ OR =h Stree r \- .3 ). C; , _- reef = .�; . c — ____—_,___ lath st A C0.01 OR • �;-,,��' .,�sr"rrrr e vim'' p R ,� o er OR \-- ', 0 . ._,._,-----HrA rff///rf r _. '4 4s- ------ --FOR co . \ 0 ', t 27 s. -_ •a reet `- r': co Street v A-36 A-1 ' zth n 7 eet 2 �' °�-12a Z th str o h St eet sS ° o Zit r OR Street � R"'' i 1 \Site rA Property_Polygons Vacation Properties, LLC Zoning 304 28th Street, Units 310 & 311 Parking Lot Drive Aisle Feet ro! � ( CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: VACATION PROPERTIES, LLC [Applicant] SEAN & TIJUANA BELL [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Units 310 & 311 (GPINs 24280028663010 & 24280028663011). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 ■ Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in two, two-bedroom units located within a 42-unit condominium at 304 28th Street. The subject site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. The minimum number of parking spaces required for this use is one per bedroom or two per unit. The maximum occupancy for guests on site after 11 :00 p.m. for each two-bedroom Short Term Rental is six; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The site is located at the oceanfront resort area, three blocks from the public beaches of the Atlantic Ocean and the boardwalk, in the OR Oceanfront Resort District. It should be noted that OR zoning allows both residential and commercial uses (including hotels) as well as a mix of residential and commercial uses within the same building. The applicant is using the existing on-site parking lot to fulfill the parking requirements, as each unit has two reserved parking spaces, thereby meeting the parking requirement. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Vacation Properties, LLC Page 2 of 4 • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of these requests; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling units addressed as 304 28th Street, Units 310 and 311, and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Vacation Properties, LLC Page 3of4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Vacation Properties, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ) City Manager:VW Applicant:Vacation Properties, LLC Agenda Item Public Hearing: September 8,Property Owners:Sean & Tijuana Bell 2020 li\B City Council Election District: Beach Virginia Beach Requests 11. Conditional Use Permit (Short Term Rentals) a. Unit 310 J ES.** b. Unit 311 J Staff Recommendation +III Approval OS° -�.Mai.. Staff Planner ,.m.:: IMO" Karen L. Creech � : 00.1.........e. Locationtr t �� 304 28th Street, Units 310&311 ����-� 111 GPINs —�/. 24280028663010& 24280028663011 -. Site Size _ ��� • 53,385 square feet Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort ` {` Surrounding Land Uses and Zoning Districts 1 _ . ■ North 28th Street Hotel/OR Oceanfront Resort 1 South ' - F 27th%Street (alley) A*%. It , , Apartments/A-12 Apartment,A-36 Apartment _,_ - East . ,. ;s. 4 n Commercial/OR Oceanfront Resort � " West = +- Commercial/OR Oceanfront Resort ',-- Iiier::--- . - Vacation Properties, LLC Agenda Items 11 Page 1 I Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. • The property consists of a three-story multi-family condominium building containing 42 units and on-site assigned parking spaces.The building was constructed in 1985. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered and not part of the RPPP program. • No past zoning violations were found for this property. City Council previously approved a Conditional Use Permit for Sunray Court Associates, L.P. in April of 1996 for housing for the elderly at this site.This building now operates as a condominium known as Playa Rana; therefore,the previous CUP for Sunray Court Associates is no longer active. Short Term Rental in the Vicinity i '),-__y I ‘,.\_i , t, , end store , ..• \ / \ itT::4'1—p\lc` ;_ id tree,''\ \'i -�`"1 L3otr. A t - --� ri \_ apt --r g Nj --- . -all — ' ''''. Of str •22( 1ti ,obt; � ; ! 41ss�16 tr 4° %A • may.. - �l '` ‘ 'S _, sue . , STATUS ro MM r ' t : �- -_, • Approved A 11,+• t_._ tree _- _ • Denied - "; "Ate •:" 1. t_ 7 L'$tre' Q Under Review �� 1 Q Registered 1� ► M.' "y►th �`` t Summary of Proposal The applicant submitted Conditional Use Permits to operate two,two-bedroom Short Term Rentals on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Vacation Properties, LLC Agenda Items 11 Page 2 Unit Number: 310 311 Number of bedrooms in the Short Term Rentals: 2 2 Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per 6 6 bedroom): Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided on site: 2 2 3 3 oROR ' '\_{ Zoning History # Request m " a- 1 ALT(Hotel,Apartments, Parking Garage along 27th Street) ' ' - -~ 'r Approved 11/13/18 1 OR , '�"eta sv.d i OR •• \r 2 SVR(Floodplain Regulations)Approved 08/8/2006 t 3 CRZ(RT 3 Resort Tourist,A 36 Apartment,and A 12 t 1, oR Apartment to Conditional RT-3 Resort Tourist District) —'—) > gb t, 2 �' 1 �^"°u•�` OR Approved 05/9/2006 • � '� ; t 4 NON(Enlargement of a Nonconforming Use)Approved (,,'11 r3i • ; ' 02/14/2006 tt� �n.+ ' ,1. \oR, ,..) 5 CUP(Housing for Elderly)Approved 04/1996 ,^8v�t "A-12•-5C = OR Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation & Recommendation This application is for two,two-bedroom condominium units to operate as Short Term Rentals within a 42-unit building. The building is located three blocks to the west of the Atlantic Ocean.The Short Term Rental use utilizes the existing on- site parking spaces to fulfill the parking requirements.Two parking spaces each are assigned to both units 310 and 311. As required, a representative of the condominium's board signed the application. No letters of opposition or support have been received. Proof of liability insurance for$1,000,000 has been provided. Furthermore, in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Vacation Properties, LLC Agenda Items 11 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 304 28th Street, Units 310 and 311, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. Vacation Properties, LLC Agenda Items 11 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Vacation Properties, LLC Agenda Items 11 Page 5 Floor Plan Third Floor Plan —.-A e Ade ' 'Alffjr our . e ef,4,, d ,,/..,._.„ . .", ,, , -Iiiii„ • yoei>„ , ,� AA .J { /<.ft,/A. 4 1 :i'"ffi r . ,A%fir , r� er , //,, -ri /' n.„ Mit 28th Street Elevation ter- , r t;•r• ti r- - 7 _ _ -�- „,Z. - -•. p p;p a a In1 in "W hal==Wow -lotus ; �jjlhl- u __1• .1 Da II Mai -CD in MIN D H N I ill- u.1;1/1; © l 9 Vacation Properties, LLC Agenda Items 11 Page 6 Site Photos -----,.-, -... Unit 311 / :---1 - — --,--::,, : ,.-. • , : -- t . t._, - 1 .3' . . ACJIPC_' -Jiiiimli .1 MilliV ..,.p,_ ..-. ,...r -- - -.. -- . - - - , ...... ..:. . - - . . 1 . Unit 310 • -- — .- 1-kk.: .-; ,I ii., , ___,...,!.---, ::_,-...---_ i• ,,:f, •,- ‘..44 -1/4. 4:....- -0 _ * :--- - a. . - 411 If . •11'I i 4 Lr:;-----.'"-- ----.-1------.-.:_.=..-.. _ *i •,,,k,'-• , .•Ili.. ' - rr i 1 , " n , --- - - .....................„........ ., - IL • - •.=... , . ...- Vacation Properties, LLC Agenda Items 11 Page 7 Disclosure Statement Virginia>. ,ch APPLICANT'S NAME Vacation Properties LLC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program • Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning A'peals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE [TOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any j Page I of 7 Planning'Commission and Cit,Council meetin,,that pertains to the a; (ication(s). '/ ® APPLICANT NOTIFIED OF HEARING DATE: 8-25-2020 1" 0'-w C.-cc•z.f, ® NO CHANGES AS OF DATE: 8-25-2020 El REVISIONS SUBMITTED DATE:_ Vacation Properties, LLC Agenda Items 11 Page 8 Disclosure Statement • Virginia Beach • Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Vacation Properties LLC. If an LLC, list all member's names: Sean Bell Tijuana Bell If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only f property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. C Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: Sean Bell,Tijuana Bell If an LLC, list the member's names: Page 2 of 7 Vacation Properties, LLC Agenda Items 11 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the PropeM. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vacation Properties, LLC Agenda Items 11 Page 10 Disclosure Statement • APPLICANT Virginia Beach YES NO SERVICE [-PROVIDER(use additional sheets if L needed) 111 Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers _ Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ~ ( Construction Contractors I El W Engineers/Surveyors/Agents Financing(Include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ED ® Legal Services Real Estate Brokers/ El ® Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Vacation Properties, LLC Agenda Items 11 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicayon. - Tijuana Bell 1/17/20 APPNT' NA E PRINT NAME DATA �'Ey� EL �. c Page 5of7 Vacation Properties, LLC Agenda Items 11 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA. meeting, or meeting of any public body or committee in connection with this Applica ion. -_ _ Tijuana Bell 1/17/20 APPL NT NA E PRINT NAME DAT _ � c�'Eyv 'ECG /� S�j, Page 5 of 7 Vacation Properties, LLC Agenda Items 11 Page 13 Disclosure Statement • OWNER Virginia Beech YES NO I SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of I I your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors -n Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ El ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? J If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Vacation Properties, LLC Agenda Items 11 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. --- ylG.,-Nlt / 3.18.2020 PERTY S- t PRINT NAME DATE mil- li7?G�'-c'" 3.18.2020 Page 7 of 7 Vacation Properties, LLC Agenda Items 11 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Vacation Properties, LLC Agenda Items 11 Page 16 L-'''C',---. ___Z------`5- ''''''\a1;1;:\51-----tree-s- tN.' 3\-\:=7 o ,\ s t 'f 7,,� .a1f ' ' -lag 's ___ , q Istp.- 4.. r-- ----- l' " 4 I 1......- -tili '',_...__. _-T_.1,r—-----. - ,—,,i i ____7_,----ia- , -.:-.- T:4, - -__-_--„„____, ,:a, ik...4. .,. i ....,c _k_i„--- ? Iri,'7, % liwvi'0 :-----. .i4e:- . 1 i.__ ..A AIN %1‘.._____,. �lr t \\t' Ak '1 t • ...••"'41274 - ---17- 1--- A\ - . __)')\ „t: \ ric. - - --.,r; - • . -.-,.-- Oi . . f-- - -;--:-- . . _-e -7,:r--i-i-itiel \-- -1 , — \ . iciv-"V b ilitsw ..„ .1, Am ' st ' -"IL \' ---. z_..... ,_. . \,, ..ask ------- --1. S--TU$ iiii \ - ,� � �.ti tti Approved 1 • ::rdReve1N a, )fi'Plallk 111k " tV - \\\ - ) 1\110 .--\\ - • r) RPniqtPrPri \ "ID ,. '...:01111 \ei,'itatt—• *0---:7---- \-1-.‘":::S1\1111iA-- '.. ' , - ..--'. Items#11& 12 Vacation Properties, LLC[Applicant] Sean &Tijuana Bell [Owners] Conditional Use Permit(Short Term Rental) 304 28th Street, Units 310&311 May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12. 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 304 28th Street, Units 310 and 311, 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 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 4 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 1 \\\ \ .. \ \ , 0 .. 047.70._;:t_.:-----__:\ I� �� bsuet_� 1Na ' s2 • , - _-----//, . 1-Sf p. _ k .„ .,-. \ \ / , \ • .,(,..______ , , , „ .._ , \ __..\_\ . ... ..,. , c___ , • / 0 ,,, v:,, • ____\ . 3 ye/ ,CD ' o,0. '~� to r7/, \\.. __, _ : OR CDC \ ______0- ___.-----____, - 21 st street _ - ,OR NM Suite n ® Site o_ E g Property_Polygons Allen Prince �� 525 21st Street, Unit A s Zoning Parking Lot Drive Aisle Feet t N _ �s� ; Eil CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ALLEN PRINCE [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 525 215t Street, Unit A (GPIN 24179861780000). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting to operate a Short Term Rental use in a two-bedroom unit located at 525 21st Street, Unit A. The subject site is approximately 7,800 square feet and is zoned OR Oceanfront Resort District. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. The maximum occupancy of guests on site after 11:00 p.m. for the two- bedroom Short Term Rental is six; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The applicant's parking plan depicts two off-street parking spaces installed in accordance with Zoning Ordinance requirements for Short Term Rentals. The two spaces are located on the existing driveway and gravel area that has been in place for many years. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Allen Prince, Unit A Page 2 of 4 • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Allen Prince, Unit A Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Allen Prince, Unit A Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Q,) City Manager: y Applicant & Property Owner: Allen Prince/B Agenda Item Public Hearing: September 8, 2020 City Council Election District: Beach 1 2. Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 1 / Approval toji 4Ir _"_ .4.10% Staff Planner Deborah D. Zywna r ��'' Location ° -- r� 525 21st Street, Unit A Is 11040rig_,..mosira•-- �� �000 *II loll GPIN Al. *111.01000124179861780000 7 Site Size AMA . 7,883 square feet ellillk_.1,11111111 1111111��114 • ram` Existing Land Use and Zoning District .•o► Duplex dwelling/OR Oceanfront Resort , Surrounding Land Uses and Zoning Districts North 21st 1/2 Street (Alley) Multi-family dwellings, single-family dwellings/ y OR Oceanfront Resort 1! Y$ t South. 21st Street y,. \. Duplex dwellings/OR Oceanfront Resort ; S East �� 11 a t. Duplex dwellings/OR Oceanfront Resort * *t ' ,;� West ' : 1 - ' 1,?_Undeveloped/OR Oceanfront Resort �` �` .rs le, ; .4-nr • .4,,... ,rt-r",, .*„A t 4'11 Allen Prince Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,883 square foot parcel located within the OR Oceanfront Resort District. • The property contains a duplex dwelling.The applicant owns both units of the duplex that was constructed in 1951.This Short Term Rental application is only the two-bedroom Unit A.A separate Conditional Use Permit application for Short Term Rental has been submitted for the other unit (Unit B)on the property. • Staff inspected the site on February 21, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no zoning violations or City Council actions found on this property. Short Term Rental in the Vicinity 11 vial � �fee •r) - WO 44t ---------------\ --S[fie ck v ---------'- {MOMS 1\ilt---\-\\ Stoll Salk -5*--- 611111yriilitilin \AI\SV".."111. ‘71,Whist* SS .*m-:::-` ."-..1 , 11111�' I's *�op Xi 6:_ _ low-....... 0 aii6-4,- rmi iiiittf \ .. 4,rv\----ltiv.11.1.:-4-1.57 ..1‘,‘tit(' '7°' I- \111111w. \IS --_-: -------- ---- --"--- till rrtI ' \ 2 , - 4 , _,---- =---' . -- -\\Cit. STATUS t\----r��. • Approved "� .,1 1"' Y-^� 1p Denied \K� 1Je 1�d �� :::: j \\ -- f !t n S t\63.-1\16t ---rl 1\ ,1 Allen Prince Agenda Item 12 Pane 2 Summary of Proposal The applicant submitted a Conditional Use Permit request for a two-bedroom Short Term Rental at 525 215t Street, Unit A.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Numer of parking spaces provided: 2 • The property owner also owns 525 21st Street Unit B and has submitted a Short Term Rental application for that unit, also included on this agenda. :051r-k-R7\ l7 ti` 5'{ `_ , c Zoning History 'o - - s # Request c\ I`F 1 ALT(Alternative Compliance)Approved 06/07/2016 \---1 (' ' V ,, 2 ALT(Alternative Compliance)Approved 09/16/2014 OR3 It /I .\`1(- 11OR '�*f I��,,� `� ,���� � " 3 ALT(Alternative Compliance)Approved 09/16/2014 1 ... 4 ALT(Alternative Compliance)Approved 06/07/2016 OR s di stT•St 1` ` ,11T1 `T 5 ALT(Alternative Compliance)Approved 06/19/2018 ' i ••, •-, s.cj - 6 NON(Nonconforming Use)Approved 11/28/2000 cs_ `1 vt 0 , 1� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions FVR—Floodplain Variance or Proffers LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant's parking plan depicts two off-street parking spaces installed in accordance to City Ordinance regulations. The two spaces are located on the existing driveway and gravel area that has been in place for a number of years. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Allen Prince Agenda Item 12 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 525 215t Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable faxes. 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. Allen Prince Agenda Item 12 Page 4 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on September 4, 2020. Allen Prince Agenda Item 12 Pane 5 Site Layout & Parking Plan 20' ALLEY N 7613.28' E 6o 00' PIN (I PM (F) i _-4-2 i Gravel Parking .. Area 1•, • s S Two 9'x18' parking g spaces 29 • V Driveway 4.6�5' . s! :M , , N • h •e " -, Unit A .LiW n I �u eft a . ., kS' t 1111 ' ''1.3' ENc. I :' 25 I � n� 70' TNW� S 7613'28' w 60.00' MEDITERRAN AVE. 21st STREET 'ORbtER,_v atAMARt AVE _ 6O' Allen Prince Agenda Item 12 Page 6 Site Photos .f�. 1- "r --- — __ Ili;- , r • ,4 k , i dP 3 �� ..Y',..� r 1ig 1 ! ' i� .a ra i ti ��q • . tip - . = , r ' z I. 4 a r 7' _ ._;; _.�' Y r Y `� ', f.a. s-" '$°..'+� .. '- ...� � .'+_ _. x- x±s r .tR•d $. -`s':s-..,.,..• _,,:fa'Y x ' Allen Prince Agenda Item 12 Page 7 Site Photos ice, \ ‘ • g#� ; N-.. fie ,, /. . \ Y' ,r - .t kt i R 5.. t. .- < F � , It i i 0 - lir 1 s- I C "__1 :- a k - _ } , 2 �. Y r'a I t - -+Y 1 - Allen Prince Agenda Item 12 Page 8 Disclosure Statement .� .- ?' . ar+, 4 ,+ ' ✓ MiV/F APPLICANT'S NAME lLLEA) DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: 1 Acquisition of Property Disposition of City Modification of jby City Property ; Conditions or Proffers Alternative Economic Development 1Nonconforming Use Compliance,Special Investment Program i Changes Exception for (EDIP) I Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay j Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any - Page 1 of T Planning Commission and Ci!y Council meetirei that pertains to the at t4ication;s, a APPLICANT NOTIFIED OF HEARING DATE . 5-a( 9 ; NO CHANGES AS OF DATE. .►{ t) Ai 1'r..�. L(= REVISIONS SUBMITTED DATE Allen Prince Agenda Item 12 Page 9 Disclosure Statement e ,,, ES s ue` ,,.ill?ll; }} a-i'Y 1 r. ,y f- f�1- ,, -,-; i y y a.2 S'y ", .11e Xi..HCti'M..-.,,:,.. a.- ,,i- ' arm' 'M , ''''' ."",`�Y Virginia Reach - L__� Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT t5 a corporation, partnership, firm, business, or other unincorporated organization. -D (A) List the Applicant's name:_ ` NI .R irJCe- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. __// (A) List the Property Owner's name:_ ^^L�!P 1_6!_ _______ If an LLC, list the member's names: Page 2 of 7 Allen Prince Agenda Item 12 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ;ubiect of the iipplication or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Allen Prince Agenda Item 12 Paee 11 Disclosure Statement APPLICANT Virginia Beach YES rhi0 SERVICE PROVIDER(Use additional sheets If needed) 1:a El Accounting and/or preparer of your tax return aria.G5 -x service aArchitect/Landscape Architect/ awvst - S Ga..i Land Planner *4-,AJTtr4#c.0 ' IlikffrelG ( - Contract Purchaser(if other than rithe Aonlicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) aConstruction Contractors J �� ElEr Engineers/Surveyors/Agents Financing(include current Er ❑ mortgage holders and lenders selected or being considered to u1"oe) f Q T6s�6t Ce provide financing for acquisition or construction of the property) Er Legal Services ❑ Real Estate Brokers / (E / Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Allen Prince Agenda Item 12 Page 12 Disclosure Statement It AR cam% Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information ,provided herein two weeks prior to the Planning Commission, Council, VBDA j meeting, or meeting of any public body or committee in connection with this i Application. (iii kl s u e grvi Rum '+n9c i t frill 1 APPLICANTS SIGNATURE PRINT NAME DATE Page S of 7 Allen Prince Agenda Item 12 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Allen Prince Agenda Item 12 Page 14 , .1 ' ... __. .-.----7T-__., ----. \--1-:_e \\q_____ . 1 - =er �atII \ 1 _ 4 - � c I l : .2:4 \ ., ig• ..„.......-------. 't ' ' tit ,....,- -::-.'-' • - -\.433! r \V-:',et.,. . -_ „ 1)-- I, \ .... .. . •--r'IS \ 1 47" ....,-___- -,iii„ \wog ci, 'i, •• `, \ .-- sit t tlasijil ,1 , . ,c:-- 'c, -- Q' ____:. \\ 11:4 - -'''°11 1 -. iii. _____-_-_-,-,f:-. --, *set ,.h., - \ \ .:\,\,,ii , , _, _ •- \ wti.iw ci.%_. ' 0, . r-".1, ''3.,r -Ni.' ,. * t _ %fit p k1 _ ;,'.v,. t-i . ( 1\.\,,i'\ .i .q- ..\ t%.c. . , . --11,10..\. 11111°.+4:\ ': .....,\ gln ,_ , ..,:at. --- , ,-;., • • --- ---7 v lio,C. ea. ,. \\ * o1S '7=---,:44$\,Slori ----I- 't . 1„.j1,7*-- '.- :7L-1-1-1--k ' \WI -pi- 1 • - - o ,-----' . \OA ' • -,:-,.A---'---:--V.1 a • • \ \ \Ow .. II.0\7--- --__350 ____--- • MIA,,',. \ --___-,- 4 I WM' __..inkt %,11101 0 .---- ', 01,‘, 11W...ell-co \ ft, . _ ----uv \i ii. , ___ • :177-I:-.1A\ \\ , 'L.1 -- 11:e°- ''C'C ..% k''' . - rillitlijk \ .__----- la otioit, :pg-- ' \ \ t \--.--- 100.... \4/1011, . \ \was i 10--iiiiik % (s.i,-- 0.:rw.,, \ 64_0-_,:iii -:-_- _____ is , cu w w Cl. O .� U Cam% S D <C Q a • ti Items#13 Allen Prince Conditional Use Permit(Short Term Rental) 525 21st Street, Unit A May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 525 21 st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 3 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 OR 1 t O R Nab st \ �11 T 21 st r ,+0:•" It �, -� ���/ • Natt s -, 1s0:6 -\\,:\ \-- t �/ 2 0 OR __ to j OR \ 1 \ \'‘ 74: or ' / 0, \ • (2% \ �,.\OR\,‘, 0 ,, _ + `, G 0 st Str � ; 1st Street OR 2 � , Suite N i Site w 441314- e r- i Property_Polygons Allen Prince I►Y NM Zoning 525 21st Street, Unit B s ' Parking Lot Drive Aisle Feet L 1 Building 0 10 20 40 60 80 100 120 ( - I.; 4 4._4,..__:,.._...t., , fit ---"ty, ,„ ..„:,:.:..:„.... CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: ALLEN PRINCE [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 525 21st Street, Unit B (GPIN 24179861780000). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting to operate a Short Term Rental use in a three-bedroom unit located at 525 21st Street, Unit B at the oceanfront. The subject site is approximately 7,800 square feet and is zoned OR Oceanfront Resort District. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. The maximum occupancy of guests on site after 11 :00 p.m. for the three-bedroom Short Term Rental is nine; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, alley access for the required parking was recommended. As a result of this, the applicant's parking plan depicts three gravel off-street parking spaces with access from the alley, all in accordance with the Short Term Rental regulations found in the Zoning Ordinance. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Allen Prince, Unit B Page 2 of 4 • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times 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 Allen Prince, Unit B Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Allen Prince, Unit B Page 4 of 4 Submitting Department/Agency: Planning Department City Manager: Applicant& Property Owner: Allen Prince Agenda Item Public Hearing: September 8, 2020 City Council Election District: Beach 13 ctiz,,,/ Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,,,/ / 000 � Approval ` ` r \., Staff Planner OF 0110000011111 smir ike Deborah D. Zywna ' 'Terill °I WI Location t I� 03�•� 525 215t Street, Unit B ��•11 �• GPIN ��.,� 24179861780000 • ØØØ 7,883 square feet -- - Existing Land Use and Zoning District r �•• Duplex/OR Oceanfront Resort ♦ f �A 0.1111 Surrounding Land Uses and Zoning Districts North t �, 1. 215t Yz Street (alley) Multi family dwellings/OR Oceanfront Resort South it , -t t.". 215t Street ' �" Duplex dwellings/OR Oceanfront Resort ' . East I, V ‘:1' 1 Duplex dwellings/OR Oceanfront Resort F "` / i., .; , - A West .j{;-c-ate , t'. -44 .�=re: #- Undeveloped /OR Oceanfront Resort i " ', " , r„alio �.. t• • t4_* � r- t e' , ‘41:,itri-64,4: .. : , ,t.,, -- .1.:‘ il . .... .......„ _ Allen Prince Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,883 square foot parcel located within the OR Oceanfront Resort District. • The property contains a duplex dwelling. The applicant owns both units of the duplex that was constructed in 1951. This Short Term Rental is for the three-bedroom Unit B. A separate Conditional Use Permit application has been submitted for the other unit (Unit A) on the property. • Staff inspected the site on February 21, 2020 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program (RPPP) boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking on the street during the restricted hours. • There are no zoning violations or City Council actions found on this property. Short Term Rental in the Vicinity N.---' ' ivp-i----___, ,_,--w„ 2_3 —.' '‘>-." , _ 2,_20i_Stt-e _•-•"‘. • ��J ?T • _.Z�tC \\1_\---- t t 't j 1 1 F 1 Y__ �111 % \ v , . n is�`, ottV•- iji?y 1 ` t ____.----- ,,,C.-------- A j........." 1 - ve.t-I-jas \ \- 4-- -- , i --'-2 \ tin. „\ co r i 1 'Y'f Wit_ J _ .,.. 1 1 '- 1 1 , 'lt tt, ': STATUS f A C t— tl' 1 • Approved ,♦ 1\ t 1�t t �' ' '✓., la • E : I ----'\ "ACQ \ -- t t 4 --�. \ 1�1 `- �_ .y rat t \ .-i 1 *:,� �'' Allen Prince Agenda Item 14 Pane 2 Summary of Proposal The applicant submitted a Conditional Use Permit request for a three-bedroom Short Term Rental at 525 21st Street, Unit B. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • The property owner also owns 525 21'Street Unit A and has submitted a Short Term Rental application for that unit, also included on this agenda. • TZp4 �R_ IOR OR;% �2r Cs a Zoning History # Request 3 OR l ALT(Alternative Compliance)Approved 06/07/2016 ` ° ` • 'L 2 ALT(Alternative Compliance)Approved 09/16/2014 OR ; �'' � S ,s �� Q , `�� �`tiy k`t ;,wJ OR ;**♦ S } �r 3 ALT(Alternative Compliance)Approved 09/16/2014 --� s v� .-� 4 ALT(Alternative Compliance)Approved 06/07/2016 OR '. p,tstoot 5 ALT(Alternative Compliance)Approved 06/19/2018 6 NON (Nonconforming Use)Approved 11/28/2000 o-R -\ bR -OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, alley access for required parking was recommended.The applicant's parking plan depicts three gravel off-street parking spaces located off the alley installed in accordance to City Ordinances, standards and specifications. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Allen Prince Agenda Item 14 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 525 215L Street, Unit B,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term 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. Allen Prince Agenda Item 13 Page 4 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Allen Prince Agenda Item 13 Page 5 Site Layout & Parking Plan 20' ALLEY N 76'13'28' ' 60 00 PIN (F t 1 P► N (F) • 1 Gravel Parking Area f Ai i y Unit B Three 9'x18' iii,,✓ " parking spaces 29 €- 20 0' 23 a flw 4.65' a La3 ,; " ky h r") 4 iTg g if) 10 R aap tiligI I J h In 0.1...., 3' ENC. I ---*;i♦ R' 27 I 25 •• . .. ' i PIN (Plij .:--": II , 0 ,. MEOITER7R AVE. S 78"13'28" W 60.00' 8 21 st STREET roRuERLY DELAWARE AVE. 50' Allen Prince Agenda Item 14 Paee 6 Site Photos OOF At nx, Alf' AW Ff Z. Aar AJ|enPhnce Agenda Item I4 Page Site Photos !!& 14 Allen Prince Agenda Item 14 PaRe8 Disclosure Statement APPLICANVS NAME jlLi /2/?,,7F _ _ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council Such applications and matters include, but are not limited to, the following: Acquisition of Property 1 Disposition of City Modification of 1 Cl ; ProPerty Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance.Special Investment Program Ewe bon for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure Historic Review Franchise Agreement ,._ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance 4 Board — Conditional Use Pernik License Agreesnent Wetlands Board e ..�,.._-- ` The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE , , , v nktY/AN atileidi4,mint tit t ted two:is wtek,visit to ury Page I Of 7 :3n add ar Couw,Fl mown the C3etiON W 1hr lit#KMIQnkli} e - g APIMICANT NOTma,of Fuaratic CAI r dpir4£' A NO OIANOES AS Of DATE �t) ae C7 IIiVISIOMS swamp DATE Allen Prince Agenda Item 13 Page 9 Disclosure Statement a, •> y ;3 `rr"'t' vi f `t'L > fir, • Virginia Beach ErCheck here if the APPLICANT IS_NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. m (A) List the Applicant's nae:_1L1!``` A iN� If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes t and z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. [,/Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER/S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_..7\1 If an LLC, list the member's names: Page 2 of 7 Allen Prince Agenda Item 14 Pane 10 Disclosure Statement Mi Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(i)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. -- - .. - SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please Identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Allen Prince Agenda Item 14 Page 11 Disclosure Statement APPLICANT Virginia Beach YES I � NO J I SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of u your tax return (oRE�65 7f+-X 602,0 aArchitect/Landscape Architect/ a S Asc. Ga Land Planner Mh.nitcN cE s .,,(1,4R,,�Gr Contract Purchaser(if other than Tithe Avplicant)-identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I J a Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders selected or being considered to VVL7.0J I t-Tr asc Gm provide financing for acquisition or construction of the property) El LJ Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject •ro•ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Allen Prince Agenda Item 14 Page 12 Disclosure Statement 7 24. (tty o' Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. —//(147-e" / -- w t to AM Auer Pci4c-E 11/9th APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Allen Prince Agenda Item 14 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 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(`-_+ _= r��'� ram"^ `� o t -r _r, . illis* % E4) - W\ ''" 'te, 0;--Vci \11 1--A . ..6ti-vie • -e•v._ c- \\ di- .----- rn tv _----0* , ,.,_____44 .„._ \ \wok_ 10, w . _j..i.,co 3 \.a:40\__ ti r . , ,., ,,,,i0-410. ,,,\ 3 j„i....vitti.:. „:„,,,.. _., te„ ,,„,, ,_ . . -- \2.-_-_..-441., --•• ii do \114 * �'l _0, 10 op.1r N , \\Willi\ t� y gnu. y r , ly 0' ' t om1314 tit , � � 'r\il s \\,, voilli ) , so::: %ilk . ______ , \,101.10 ,los . .,.. 4--pa--- 1sIIy` ,• ..0.... 0It �,.� > -c a) n' ay II �°s\ \\\\ \ Q A— -_ ,." _ z, , t \ \--*--4--)/' co Items#14 Allen Prince Conditional Use Permit(Short Term Rental) 525 21st Street,Unit B May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 525 21st Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 3 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 -\ . -,:----- OR d each BouleVar `1 IR 5... , \ f \ . -6 \-- `1�1 f 430R k \ ,,, OR/\ i \ , ,r,;;,, 1 til 1110 , \ , __ ___1 R-5S s'-- i - N i i ON e Site W - Mission Enterprises, LLC viW Property_Polygons MN Zoning 517 Virginia Beach Boulevard s Parking Lot Drive Aisle Feet =S 7>> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MISSION ENTERPRISES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 517 Virginia Beach Boulevard (GPIN 24270626510000). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 ■ Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three-bedroom unit on the second floor of an existing mixed-use building located at 517 Virginia Beach Boulevard. The ground floor of the building has transitioned from automotive uses to a storage area for adjacent businesses owned by the applicant. The ground floor of the building is not part of this request and will not be accessible to renters. The minimum number of required parking spaces for this use is one per bedroom, or three spaces in this instance. The maximum occupancy of guests permitted on the site after 11:00 p.m. for the three- bedroom Short Term Rental is nine; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. ■ Considerations: The property is located in the ViBe Creative District and is zoned OR Oceanfront Resort Form-Based Code District where Short Term Rentals are common and expected. The applicant is proposing to use three on-site parking spaces adjacent to the building for the tenants. The remainder of the spaces within the lot will continue to be used to valet park cars for both a restaurant and event space that are also owned by the applicant. Parking operations in the commercial parking lot can be closely monitored by the owner and employees, as this parking area is not open to the public. All requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Mission Enterprises, LLC Page 2 of 3 • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the second floor dwelling unit addressed as 517 Virginia Beach Boulevard, and the Short Term Rental use shall only occur in the existing mixed use building type. 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Mission Enterprises, LLC Page 3of3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department R77 City Manager: Rso Applicant & Property Owner: Mission Enterprises, LLC Agenda Item Public Hearing: September 8, 2020 ,' City Council Election District: Beach 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval IIIII.III.,gigaV1000111 1111111111 Staff Planner ISTA1111111111001111 Karen L. Creech w atis-ook Location 517 Virginia Beach Boulevard ralik '. . iiirroallik� GPIN 24270626510000 r11111%Site Size 11111111111101 '11,,, 6,850 square feet . 00 � 111111120 Existing Land Use and Zoning District Mixed Use/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North , 0 17th Street ;;. Commercial/OR Oceanfront Resort . Is *_,` ' South f '`a Single-family dwellings, apartments/A-12 K4. ' ,�� ..�« !r Apartment `#- 0. *'' . .. ti'- .ems° East ,, t, Commercial /OR Oceanfront Resort � N , + , i West fit" Commercial/OR Oceanfront Resort 1,. aw � �, �' `" t e 8. 11 N ' • 0t‘ ` Mission Enterprises, LLC Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • The 6,850 square foot lot is zoned OR Oceanfront Resort District. • The proposed three-bedroom Short Term Rental is located on the second floor of an existing mixed-use building that was built in 1950. The upstairs unit was as an apartment for many years. The lower level of the building has transitioned from automotive uses to being storage for adjacent businesses owned by the applicant. The ground floor of the building is not part of this request and will not be accessible by renters. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • There is no on-street parking on this portion of 17th Street. • No past zoning violations or City Council actions were found for this property. Short Term Rental in the Vicinity ,� 2�ststreet r r.... r, �, _A y -3, - \ ‘ - , -.\-'-,- A .,_..1.- \4,-, _....------- 6,--- coo t i ; `� ' `- s hSty ' t �� 1f� I-'\ '- t 1 1 A -\-,-'--- -Y\k ibgpre .1 \t ` t"--1I,--‘4' ', \_s* , ,,.t--'--_:-_--;__,,_\-\_ {l` - - t ���GGG l/ --_'_,_A,. 1,1 1\, gO ' r. ` 1 - - t 4 ,, - / h,str _ -' .1 ,' ! + t � � � • l STATUS 11�� t [ t �3Y y \ • Approved t ti i1 ��1�1`y'"J� v Vi_,A Denied , 50\ ii.\--1'�`� • , Under Review t�� Registered Ll O— -r? 1,u� , 1 t __ ?�' * 1.. , 1 .1 _ Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the second floor of a mixed-use building containing a three-bedroom residential unit.Three on-site parking spaces adjacent to the building will be dedicated for use by the occupants of the unit. The remainder of the parking lot will continue to serve as employee parking and valet parking for the applicant's neighboring restaurant and event venue, resulting in close supervision of the lot. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 Mission Enterprises, LLC Agenda Item 14 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 re.:1-- - - tct T__\kr:-;,\\_....1 \_,:_,.\__.:_____\ik S, • ;__ ‘-+ Zoning History OR' s ~J # Request M,,���rra t R 1 CUP (Small Engine Repair)Approved 04/13/2010 Mw►^"° Q 2 CUP(Eating and Drinking Establishment)Approved �. S1 10/7/2014 ' � �, 3 CUP(Craft Distillery)Approved 03/17/2015 s `•,` r, 4 NON (Remove garage apartment add single-family r 'e \1 `�• ,1 dwelling) Denied 10/8/2002 . ° f C , ' CRZ(A-12 Apartment to conditional A-12 Apartment) 01-_, fil . Denied 10/08/2002 t �' RSS 1�'" R-SS. t ,- t �� 1,�... A..12 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP-Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR Short Term Rental CRZ-Conditional Rezoning STC-StreetClosure SVR-Subdivision Variance Evaluation & Recommendation This proposed Short Term Rental is located in the ViBe Creative District, five blocks from the Atlantic Ocean.This is an area of the City where Short Term Rental use is reasonably expected.The site consists of a two-story mixed-use building with only the upper floor dedicated to the three-bedroom Short Term Rental unit. The ground floor will be inaccessible to renters. Three required parking spaces will be located on site within a larger gravel and asphalt parking lot.The remainder of the spaces within the lot will continue to be used to valet park cars for both a restaurant and event space that is also owned by the applicant. The parking operations can be closely monitored by the owner and employees as this parking area is not open to the public as a commercial parking lot. No letters of opposition or support have been received. Proof of liability insurance for$1,000,000 has been provided. Furthermore, in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Mission Enterprises, LLC Agenda Item 14 Page 3 Recommended Conditions 1. The following conditions shall only apply to the second floor dwelling unit addressed as 517 Virginia Beach Boulevard, and the Short Term Rental use shall only occur in the existing mixed use building type. 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 two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Mission Enterprises, LLC Agenda Item 14 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 9, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Mission Enterprises, LLC Agenda Item 14 Page 5 Site Layout & Parking Plan • THIS IS TO cERT1FY THAT L ON DEC 17. 2019. SURVEYED THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY umliN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OP ER BUILDINGS EXCEPT AS SHOWN. SIGNED: .t i00-4.000' NOTES: !) THE RAOPERTY SH00% HLON A PLAFts TO Ut 14 'X' {SiiA.CCO1 r.:XX ZORF ACCOROW4G To F.E.Y.A NAP PAWL MO 5155.5T-0126� TrElArAr .uw. 16. 2O15. 1HIS SURVEY YYAS 1:991EG vaReCuT THE eoo1'• Or A TITLE RCPRT, AIM MAY NOT SHOW AIMY/ALL EASEMENTS Aciromws THE PRORER y '.} MS MAIM; IS MAW TO T)C CAKANAL PURCHASER Cr ME Si1R'.£Y, AHD iS MOT TRAK1IiERA9.E TO A001,2NAL■rSWIUTISws OR SU96EOUERT aM115, LOT,a�T o 3'LOT 9 In ar CUT LOT 11 50.00 2 DtrT f...,.e gill as • 0.8. OUT - . - ( rdK'E LC31 I .i LOT 12 • OT14 .- 1$ IN Imo; 9 A i% it.+.-, q tcCi : i privet be I of fw "If VIA1F CRAVE'. 4 vc�,lct tmt. vn ,1 )' GITAtid PHYSICAL SURVEY ASP$ALT OF i LOT 10 MAP NO. 2 VIRGINIA BEACH 41RGNIA BEACH, VIRGINIA t ' i- F FOR I MISSION EN TERPRI SE S, LLC Mee TO P!, 50.00' -J Cr B LIIC AYE. -._ fllAr MN -a INN rteEA a. r .�N ...` I . Mission Enterprises, LLC Agenda Item 14 Page 6 Floor Plan 5tcGM Floor ', .ctck Sti Vg gW4 BA1 O ' KITCNEH 1 [TAW BED LIViN6R(O BEDM" 1 STORAGE t+, nate Powney+-cirvS s ✓,ot lxccess otonl�S 1.1-4iltyezA -,Ole ILA Cur Storc.c� Mission Enterprises, LLC Agenda Item 14 Page 7 Site Photos * , - 1. ' iiiL,. ,. ati ,..:' ,":, ..< a jfv ii i ei 1 d r, ./A° ,,, i- ` - -_ - L..." Y -- yam .tea -'-8 ' .., _ _ ,,,. . 4' . ;cam 13 r ~ •ate. s. c� Mission Enterprises, LLC Agenda Item 14 Page 8 Disclosure Statement Beach APPLICANT'S NAME (tA{ itet +Lf?fSG5 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning eals of Encroachment Request Rezoning App A CertificateFloodplain Variance Appropriateness Street Closure (Historic Review Board) 1 Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement I Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest unclPr \'imirria IAA/. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 x❑ APPLICANT NOTIFIED DATE. 8-252020 — L [c..c.l% ® NO CHANCES i DATE 8-252020 1 f .—St , LA-z A ❑ 5 _ ___ Mission Enterprises, LLC Agenda Item 14 Page 9 Disclosure Statement Virginia Beach • El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT_1S a corporation, partnership, firm, business, or other unincorporated organization.� (A) List the Applicant's name:_P'k spit t>» C ) 4(_FnSICS If an LLC, list all member's names. V5(15 i Apt des nelpts+ai n, TIM trtiel L C CVACISI-TAIO If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) fPO1O `)U.L. See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Mission Enterprises, LLC Agenda Item 14 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation:' See State and Local Government Conflict of Interests Act,Va Code§2-2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2 2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Mission Enterprises, LLC Agenda Item 14 Page 11 Disclosure Statement gib APPLICANT Virgin a`Beach YES NO [ SERVICE ' PROVIDER(use additional sheets if needed) Accounting and/or preparer of — i your tax return I El 1 X/ Architect/Landscape Architect/ !- UUU , Land Planner Contract Purchaser(if other than El13 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property Li (identify purchaser(s)and purchaser's service providers) II Construction Contractors Engineers/Surveyors/Agents Financing(include current 12/ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) i r/ Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the i subject ro erty __i ___ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Ran interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? — — Page 4 of 7 Mission Enterprises, LLC Agenda Item 14 Page 12 Disclosure Statement kIrginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. V.V.107 NI CAN(St tI A AI'I'I WAN 1'S SIC NA ORE PRINT NAMF DAtE Page 5 of 7 Mission Enterprises, LLC Agenda Item 14 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 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These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the second floor dwelling unit addressed as 517 Virginia Beach Boulevard, and the Short Term Rental use shall only occur in the existing mixed use building type. 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 3 Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and 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. 4 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 l- L I _ / 1 1 A-�12 i J ' j c4 1r , I i c .___._, i________ ____ 1 , ..._.____ A-18 L_ A::-24 / / -24 __.i r- L A ,ier Lane Maryland A yen tie rA=24,_ Site "-4)-L L Property_Polygons Janet Marino Zoning 951 Maryland Avenue MilParking Lot Drive Aisle Feet L____1, Building 0 510 20 30 40 50 60 r aG=x .E',9ry. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JANET MARINO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 951 Maryland Avenue (GPIN 2417834418). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a townhouse located in the western portion of the Shadowlawn neighborhood. The 1,427 square-foot parcel is zoned A-24 Apartment District. City records note this home contains two bedrooms. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this case. The maximum occupancy for guests permitted on the site after 11:00 p.m. for a two- bedroom Short Term Rental is six; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This property is located in the Shadowlawn neighborhood at the oceanfront. The subject two-bedroom townhouse is located in a row containing seven other units. The two required off-street parking spaces are accommodated in a dedicated area in front of the dwelling. Due to the development pattern of the neighborhood, on- street parking is extremely limited; however, all required spaces can be accommodated on the property. All requirements of Section 241 .2 of the Zoning Ordinance regarding Short Term Rentals can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of Janet Marino Page 2 of 3 this request; as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1 . The following conditions shall only apply to the dwelling unit addressed as 951 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Janet Marino Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department*/ City Manager: PM) Applicant& Property Owner: Janet Marino Agenda Item Public Hearing: September 8, 2020 1 ,---B City Council Election District: Beach 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation \- Approval Staff Planner `1 • -\ Kevin Hershberger 1110 .........-' I, .. \\'''''".----- — 100 1 Location Y.`' 951 Maryland Avenue 010 GPIN 0111111111 2417834418 i Site Size -`� '1,427 square feet ai.Slir 1111711161 Existing Land Use and Zoning District Townhouse/A-24 Apartment Surrounding Land Uses and Zoning Districts North MIMI •,. ..w. - ,,, Townhouses/A-12 Apartment I pt f i ids �' F X h South >; v . rag h 04 Maryland Avenue { `� p — s x , Townhouses/A-24 Apartment 4 LL` .` ;A ✓tI East : ' . t. r Townhouses/A-24 Apartment , West '' t . 7,5 SA` Townhouses/A-24 Apartment ,� :'+� r :nip '.,' t i . l 6 '.1-'il f. 4 P « ,! . ' ft,1 ' iii Janet Marino Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This is a 1,427 square feet lot that is zoned A-24 Apartment. • The site is developed with a townhouse dwelling. • According to City records, the townhouse was built in 1973. • Staff inspected the site on February 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Maryland Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity -404-,0 1,_ • ...*.7 /„/,„ , , ,it, -_____. -., u1k-Av ue-'R 7-1� U 3 I -P 6� --:-Ar \,_\__, - \f0 I' g _ , ______- \S- f'•L' cf t —... _, Oa to at _ C , � � it imillifts ue . inim = il 1 ,,(5 )_ I s -STATUS i V ,O • Approved1 IM'i J, - 1 Denied -I I ` i 1 p Under Review I ()/�\ y(fd 0 Reg stared 1 .c \\ \ ( \/\ \ - ,'t i 11 Janet Marino Agenda Item 15 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: Two • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): Six • Number of parking spaces required (1 space per bedroom required): Two • Number of parking spaces provided on-site: Two Lands End Way tia,nCi.d. Zoning History Tr L1 L # Request L tN II ■ II&� - 1 STR Approved 02/04/2020 /1e:17 t..,. 2 STR Approved 02/06/2020 CI -ups ""e• (77 I &Mg� ///I/0/ R55 P r NMI Ulf Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 1,427 square-foot parcel located in the Shadowlawn neighborhood. The subject two-bedroom townhouse is one unit in a row consisting of eight townhouse units. The layout of the typical townhouse has the parking being accommodated between the front edge of the dwelling and the right-of-way. There are two parking spaces located in front of this dwelling. Due to the development pattern of the neighborhood, on-street parking is limited. All other requirements of Section 241.2 of the Zoning Ordinance regarding Short Term Rentals can be reasonably met. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Janet Marino Agenda Item 15 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 951 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. Janet Marino Agenda Item 15 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Janet Marino Agenda Item 15 Page 5 Site Layout & Parking Plan 0.4' OUT ---, 1.1' OUT 0.6' IN . A / 0,1� OUT VAR. 0.1' our - ' v o • 01UNE i� c co ON HIVE --- ••. • _._ 7 ON LINE COMMON WAIL COMMON WALL SITE 1 'Aio STY o ` clTr Townhouse t� o �M+ Z r- te pi 2 'TV . ..os . .it ", • • • w I ' ¢ ° oa c 2 Surface co N �. C parking NAIL(S) i in 18.00' NAIL(S) Spaces 32.39' TO P.I. OF INt}AIN ROAD N71 25 52 W 26' UTY ACCESS 'VAR)1 AND A frEN F: M.©.92 (50' RAW) Janet Marino Agenda Item 15 Page 6 Site Photos rif 1 - 1 i . ,. . ____:7 ill , _ I r .4"., , k # i Janet Marino Agenda Item 15 Page 7 Disclosure Statement 1A3 Virginia Beach APPLICANT'S NAME JG2 t 4Trto DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning I Encroachment Request Rezoning Appeals - Certificate of Floodplain Variance Appropriateness , Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement , Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONI-Y/Alt disclosures must be updated two 12)weeks prior to any Page 1 of 7 Plannin Commission and Cit.Council meetin that ertains to the ap Iicatlon(s). tie jir APPLICANT NOTIFIED OF HEARING DATE 08/28/2020 NO CHANGES AS OF DATE: 008/28/2020 96- ira REVISIONS SU3MrTTED DATE ` Janet Marino Agenda Item 15 Page 8 Disclosure Statement .113 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_________ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. vP-' Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. El Check here if the PROPERTY OWNER lS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Janet Marino Agenda Item 15 Page 9 Disclosure Statement �.0 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(il)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Janet Marino Agenda Item 15 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER fuse additional sheets if] needed) ri Accounting and/or preparer of your tax return n n Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than La the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed �} D'- purchaser of the subject property I t LLJJ (identify purchaser(s)and purchaser's service providers) nConstruction Contractors nn Engineers/Surveyors/Agents Financing(include current n mortgage holders and lenders ;'j t/� selected or being considered to provide financing for acquisition or construction of the property) C ✓" Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ncontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Janet Marino Agenda Item 15 Page 11 Disclosure Statement 1/13 ov Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application._ APPLICANT'S SIGNATURE PRINT NAME DATE • Page 5 of 7 Janet Marino Agenda Item 15 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Janet Marino Agenda Item 15 Pane 13 ,--\ \____., ' _4e ki- ----i---, --)---.\--;---1 ‘------L----:--L-- ' ' \ ----- -- t \ i -A-----:- UJ :__-__A\ \ ..tt _ ' . o e,.... ....,_ \_._' .r. ,..0 _ -. \ W [ - -.=---\ .' ' ' ' \-t----iA_00 -1.-G' Ve0 . ._---T \ ---.. d: ^ , ikt ____\, - �� ,1:1 r ,---„ram cc IIlls ►- - r - 1- % 0APS0 , -91.PW-4 :0:: , 44.02,Y 0m1 � `�- [--- _ \ / V .ems j � > O < (~ /i'\ Q eM Mona 4siew / w / G ✓ z ` , 1 OJa A —, � E-- l et/' ,y , , _ CV Ce Q' \--rja:f4.81AllsjeW7j �' a The verbatim of the May 27, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item #17 Janet Marino Conditional Use Permit (Short Term Rental) 951 Maryland Avenue May 27, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there is no speaker signed up in opposition. Based on this morn ing'sdiscussion,the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a clientof mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1 , 2, 3, 4, 6, 7, 8, 9, 11 , 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner 1 Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. 2 Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine,for and zero, against with one abstention vote on items one and two by Commissioner Weiner. The following items 1 , 2, 3, 4, 6, 7, 8, 9, 11 , 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 951 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 3 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Departmentshall notifythe City Council in writing prior to the renewal of anyConditional Use Permitfor a ShortTerm Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(numberof bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community 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 DevelopmentShortTerm Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each ShortTerm Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 4 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11 . No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the ShortTerm Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extingu isherand,wh ere natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental 5 _ fNur Lalike e ke a CI of„, r cD � A� o .- it) <w r �, ._-, 0 4 wa R-5D r__, R-5S oaf f , CO \ '\ e Z./ • cr, '\ L \ 4 —1 1--- L.._ �1 7 / /C / ..-. Pinewood Chive A-245. \ ---� r. co a. / - — — R,T_3/R/T-3/, R-5S 1 L -., D _J -/ to C .37 _.\ L Norfolk Avenue CO Norfolk Avenue \ 1 ' C ----k ".............i.,......\ .........3 \ \_____-- ----- -------"---1 '--�� A-I 2 ��' Site Arica Atkins & Melvin L. Atkins, Ill ' ' Property_Polygons Q Zoning 598 Pinewood Drive, Units 203 and 208 ti Parking Lot Drive Aisle MCIIIFeet Building 0 1530 60 90 120 150 180 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARICA ATKINS & MELVIN L. ATKINS, Ill [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 598 Pinewood Drive, Units 203 & 208 (GPINs 24270434561041 & 27270434561046). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on May 27, 2020 and by the City Council on July 28, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting Conditional Use Permits for Short Term Rentals for two separate units of a 16-unit condominium development at the oceanfront. Situated on a 8,469 square foot parcel, the property is zoned RT-3 Resort Tourist District. City records note Units 203 and 208 as having one bedroom each. The minimum number of off-street parking spaces required for this use is one per bedroom, or one space for each unit in this instance. The property is within the boundaries of the Residential Parking Permit Program (RPPP)where on-street parking is limited. The maximum occupancy for guests on-site after 11 :00 p.m. for a one-bedroom Short Term Rental is three (three for Unit 203 and three for Unit 208); however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The site is located approximately 0.5 miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts the two required off-street parking spaces, one for Unit 203 and one for Unit 208. As the site is located in the RPPP, a condition is recommended that limits the number of RPPP parking passes to two residential passes and further prohibits the issuance of guest permits and temporary permits through the program. All requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be met by the applicant. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Arica Atkins & Melvin L. Atkins, Ill Page 2 of 4 There was one speaker at the Planning Commission public hearing who noted concerns relating to lack of on-site security and poor lighting on the condominium property. Six letters of opposition and one letter of support were received by Staff and provided to the Planning Commission. However, on July 22nd one of the letters of opposition was retracted. The concerns identified in the letters included proposed use conflicts with existing condominium documents (claimed prohibition of Short Term Rentals), potential for excessive noise and other nuisance violations, likely increased pedestrian and vehicle traffic, possible reduction in property values, potential change to the neighborhood's character, and an overall aversion to Short Term Rental use in the community. • Recommendations: On May 27, 2020, the Planning Commission passed a motion to recommend approval of these requests by a vote of 9-0; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling units addressed as 598 Pinewood Drive (#203 and #208) and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by two (2)) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 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 Arica Atkins & Melvin L. Atkins, Ill Page 3 of 4 occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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. 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.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. Arica Atkins & Melvin L. Atkins, Ill Page 4 of 4 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (1)/Opposition (6) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 00 IlkApplicants & Property Owners: Arica Atkins & Melvin L. Agenda Item Atkins, III r Public Hearing:September 8, 2020 ,,. City Council Election District: Beach 16 Virginia Beach Requests 16. Conditional Use Permit (Short Term Rentals) a. Unit 203 � � 1` b. Unit 208 111111011111111111.� Staff Recommendation WI' VII ° r Approval 0.0 Staff Planner • 0111111addill% William Miller IllagiWillifi 10* - i Location j _ p► � � 598 Pinewood Drive, Units 203 and 208 6 - GPINs _... 24270434561041& 272704345610460101 11111 Site Size 18,469 square feet � � �gii fig 11110 111.1 %I.. MPIII Existing Land Use and Zoning District ti 0 Multi-family dwellings/RT-3 Resort Tourist Surrounding Land Uses and Zoning Districts F ' ' North . , . . Mi ° !t • Pinewood Drive' : ..s t 1. • F "`" .„ ' ) Semi-detached and duplex dwellings/R-5D - °- �, r `�- Residential ,% vk ° F lit' South *. . -.11111r G _ City parkinglot 4� - � �'_ .°x !i,: East •!`' ''t a ; Multi-family dwellings/A-24 Apartment `s' '"""`' < West - Single family dwellings/R-5S Residential h f ` , w‘ - . ko•, ,. . si .....siciat :.,. t ...i. tai- \ , ,-_ 1 Ogq. ' "',4"" --- . pi sk, ,, - .v fi --::: Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 18,469 square feet and is located within the RT-3 Resort Tourist District. • The site is developed with one building containing sixteen condominium dwelling units. • According to City records,the building was built in 1984. • On April 18, 1983, City Council granted a Rezoning on part of the subject property from I-1 to B-4 Resort- Commercial,which is now referred to as RT-3.The rezoned portion of the lot was then merged with abutting B-4 Resort-Commercial property to the east. In 1984, the multi-family dwelling structure on the site was built under the City Zoning Ordinance requirements at that time, which permitted multi-family dwellings in the B-4 Resort- Commercial District. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity ,,,---- . u \ ,,h,i,D..;.• - , - i._,.__ _1. In `\i''' '- • V \ ' ram '' r -� atollG ��rrC!s h s'rt .000 , - — iliri W i 40 IRO alb, \' - of Ake,,, so- ,4,---\\ .k,_,, () IV' -1., ;,... la . , 1 . re& 1:STA11T-U-SA _ 011 -1 1 +i �1t111: -,4 1‘"`-4-1 1t.,oi- ,� 1 fir► 0o014j1C-i r► a - - rr ik / • Denied 11 11-6: st, , ,, , 1 0 Unde Review. � ,,,,... 1�tr.y^ T{ -.-- ` .V} *r..',r,, � �'(�y 11 , 1. O Re. stered Ai, t ':. Ir., i_1,' ,r'. �1r t_ Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 2 Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for two condominium style dwelling units located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. 598 Pinewood 598 Pinewood Drive/Unit 203 Drive/ Unit 208 Number of bedrooms in the Short Term Rentals: 1 1 Maximum number of guests permitted on the property after 11:00 pm 3 3 (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 1 1 Number of parking spaces provided: 1 1 Square footage of units (as per the City Assessor's record) 587 587 24 - Zoning History `v.c ooa mw• # Request • ` rjss C j4 1 REZ(1-1 to B-4 Resort Commercial)Approved 04/18/1983 /// • l Dr,u � ( 2 CRZ(I-1/R5-D to A-24)Approved 02/12/2002 - 3 REZ(A-12 to RT-3)Approved 01/23/1996 NoddWk Avenue n 3- 4 4 STR(STR requests for four units) Pending City Council hearing(date not yet set due to COVID-19 Pandemic) rt'ss h v�nsrcei Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—StreetClosure SVR—SubdivisionVariance Evaluation & Recommendation This site is located within the Shadowlawn subdivision; more specifically,the proposed Short Term Rentals are part of the Shadowlawn Villas II Condominiums.The surrounding area is a mixture of multi-family dwellings, duplex dwellings, single-family dwellings, and commercial uses. In addition,the property lies approximately.5 miles from the public beach of the Atlantic Ocean.The applicant's parking plan depicts one required off-street parking space for each of the two condominium style units associated with this Short Term Rental request and meets Zoning Ordinance requirements. The site is located within the RPPP and a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest temporary passes through the program while the Conditional Use Permit is active. Arica Atkins and Melvin L.Atkins, Ill Agenda Items 16 Page 3 Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 598 Pinewood Drive(#203 and#208) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by two (2))shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. Arica Atkins and Melvin L.Atkins, Ill Agenda Items 16 Page 4 12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • Six letters of support/opposition have been received by Staff related to this request (three of the six letters were received on the May 27th Planning Commission public hearing date). • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. Arica Atkins and Melvin L. Atkins, III Agenda Items 16 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 4, 2020. Arica Atkins and Melvin L. Atkins, III Agenda Items 16 Page 6 Site Layout & Parking Plan , I „.. Y P,n_ itio, ,,,.,ewOpd Drive ,:.\.„ IN _ i *Di ,\ 1 \ , et - .g. co la- (D Parking space assignment y CD __ : L. Ifklast: . '77,-ii i10 1. 14 i- 4.4 II 7 4,— „ Required off-street Required off-street parking space — Unit 203 parking space — Unit 208 Arica Atkins and Melvin L. Atkins, III Agenda Items 16 Page 7 Street View f'' �. .. //' d . �•r f , 'ice .r r - maiii -2:::;',- MA ; :-. . __ - \'' •, r.ror.k. Street view from 2019 — There have been no known changes to the streetscape since this image was captured (Link) Arica Atkins and Melvin L.Atkins, Ill Agenda Items 16 Page 8 Site Photos -----— ------ ` .,. R. • Y T s -_�`ril F i I,I f;'.�' -°1111 I ni I�u i�i��i ;!' ! � =I �. 1 II ` u Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 9 Site Photos I a2 r w� 4 Ili Ern miry iiuii pu,-11"`1111111IIIAi PIMIIIIIIMIIIII i - - = , -- ' -.................. iiik -, Parking space for Unit 203 . {1717111115 a lin--' ". 't '� ' ., _,IIIIIII81u11 Ililil, illllllllhuiiiiuiiiilhIlll!IIIIIIII111 lIiiililiiillulllull 8� YIIu1i irnmiui11111UIIN •ri-II ' • 1!o• i f. - I, ^f -.ale' . [ ... �.3 , Parking space for Unit 208 Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 10 Disclosure Statement Virginia Reach • APPLICANT'S NAME Ar+ cA ANY nS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of _by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals -- Certificate of Floodplain Variance Appropriateness Street Closure jHistoric Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law, 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures twist be updated two(2)weeks pilrr to any Page 1 of 7 Planning Commission and Cit.Council meeting that pertains to the aciplicatIon(s) HTAPPLICANT NOTIFIED OF HEARING DATE 05-28-2020 NO CHANGES AS OF DATr. 06-01-2020 and 08-25-2020 REVISIONS SUBMITTED CAI E. William Miller- Wi.UdaarvMW.er06-01-2020 and 08-25-2020 Electronic Signature Arica Atkins and Melvin L. Atkins, III Agenda Items 16 Page 11 Disclosure Statement \13 1 ruginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: if a CORPORATION, list the the names of all officers, directors,members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only_if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 12 Disclosure Statement N/13 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach fist if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (II)a controlling owner in one entity is also a controlling owner in the other entity,or (lii) there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business peratinq or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 13 Disclosure Statement N/B APPLICANT/6 w,1 - Virginia Beach II YES NO I SERVICE I PROVIDER(use additional sheets if i needed) I_ f I n TA7ccounting and/or preparer of 6ir — 2 tla S your tax return t_-, • • Architect/Landscape Architect/ I Land Planner ❑ 7, I Contract theApplican Purchasert) (ifidentify other purchas the - er and purchaser's service providers Any other pending or proposed .— purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors a, 7 Engineers/Surveyors/Agents Mt. GOIASJ 11' "� (✓i)ginteYS Financing(include current f n M0V+gA gL ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services i Real Estate Brokers/ ❑ I Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE - YES NO Does an official or employee of the City of Virginia Beach have IIIV�/ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 14 C Disclosure Statement V13 Virginia Beach __— _. _ _� !CERTIFICATION: - I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. __ _ O..�-�'l ICY t C� '1 f 6I.I IQ.20��, APPU S SIGNATURE PRINT NAME DATE APPLICANT AND OWNER Page 5 of 7 Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Arica Atkins and Melvin L. Atkins, Ill Agenda Items 16 Page 16 00 0 N O.?3 m 0 N r - I I— , ---\ -c-Pa\C--jk'-4;1\.r- II% �' t 460. t'\ -\ L \ • ilik.,. -- c_H - :alb 0 Mk NO 0 'r rivat . ._, i . _____,.. w.f.'0 - , - 0_ AA' el'\\ ro_.. .. . -..r. . i f- -40---., w os, ,..... ...... ., .., Z p. , _.___ -- c, ., ___ .0 020,'fie . 010,,„ ...4 ' 7 I Jo. -c- V A -k-• 1REA #00111 -L-------'- ---\ V t1 _ \\-- --TA-7.A ' ---°'--1-\--43 - -\ - --11.-- :: tr. _ -- ', cc z .0 ....„-- _ 0 00 0 a': - '------tf) . %---\---, --y. V) �� ` -._ ---co _ ice` ,,- L� •�'== ice` 4 - Q • - IgtJ y� Q~~- ti �\J w P Q l - w CC -1 z \'' -a_73- lir' / -NN_______, ...., ...1. . ,,,,._. 0 Q U CC Q The verbatim of the May 27,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on September 8,2020,again due to advertising error. Items#20&21 Arica Atkins&Melvin L.Atkins, Ill Conditional Use Permit(Short Term Rental) 598 Pinewood Drive, Units 203&208 May 27,2020 RECOMMEND FOR APPROVAL-HEARD Mr. Landfair: Agenda Items 20 and 21. Mr. Landfair: Thank you, Mr. Tajan. Agenda items 20 and 21. Erica Atkins and Melvin Atkins for conditional use permit requests for Short Term Rentals at 598, Pinewood drive, Units 203 and 208 in the Beach District. The applicants are Erica and Melvin Atkins. Both Mr. and Mrs. Atkins have signed up to speak. Mr. and Mrs. Atkins, please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking so that we can activate your microphone. Mr. and Mrs. Atkins, you have the floor. Thank you. Mr. Atkins: Hello, good afternoon commissioners. My wife and I were here and she is with me now. We have purchased two Units in the Shadow Lawn Villas 2 complex and we purchased these two Short Term Rentals during the summertime months and, you know, we are renting them during the winter months. I want to say kind of as an investment in the winter months, I do a lot of searching. We do a lot of stuff at the beach. We do the runs, we do awesome events down there, so we will take advantage of some of the wintertime stuff, but primarily we are planning to run it and abide by the rules, all your ordinances, all that good stuff. I just had to get through the process of the conditional use permit. These places have been Short Term Rentals for a very long time. I think it used to be a motel home originally, four blocks from the beach, it is a great area. We have upgraded thousands of dollars in each unit. These are very small units, 700 square feet, not a lot of work. We have got ring doorbells installed and it is improved, I would say, it could improve security. Anyway, I think the Short Term Rentals are the way to go. I think they bring more value to the complex and to the area. I think they are better for the owners,you know,you get the people in for short amounts of time, you take care of the place. You are in there all the time. My wife actually manages to do everything in house. Actually, my wife does the cleaning, managing and inspections. We meticulously picked our people on this summer, ore five star, and they all have to have government ID verified; all kinds of credentials, if they are 1 staying there. It is really cool,we enjoy it. A little bit of money to be made, setting us up for later in life. And it is kind of, we are out there, and a couple bumps here and there with our association, they do not use the same regulations that you guys do, they do a seven day minimum so we actually do not re-rent within a seven day block. We can only do one guest per week there. So, we are a at a little bit of a disadvantage there but we still enjoy it, so we like it and it still works for us and that is where we are at with that. Mr. Landfair: Thank you. Mrs. Atkins like to say anything? Mrs. Aktins: Well actually, this is not like a new thing for us. We do have a Short Term Rental in another community in the Outer Banks, it is very similar to this one. We have successfully ran that for the last two years. I actually go down, we have just turned that over to another cleaning lady so she actually does the cleaning, so I am not as hands on with that one. But, I actually managed that one from here. We have had zero complaints from the neighbors, it is a little bigger community than what we have here at Shadow Lawn.But,the screening that we do,we do not rent to anybody under the age of 25. We are super picky about how many people stay. We do install the ring doorbells to be able to make sure that we can monitor that situation, make sure that you know we know how many people are going in and out of our unit. It also happens that our unit on the end, 208, actually goes directly to it faces the exit. So, the ring doorbell on that actually does help out to see every car that exits the parking lot. So, it is definitely a form of security there being able to see every car that comes and goes kind of thing. Mr. Landfair: Thank you. Are there any questions of the applicant by the Planning Commission? If so, please raise your virtual hand. Are there any questions of the applicant by the Planning Commission. If so, please raise your virtual hand. Staff acknowledges the virtual hand raised by Commissioner Graham. Planning Commissioner Graham,your mic is open for comment,please pause three seconds to be unmuted. Mr. Graham: This is a question for the applicant, you currently manage the property. Where do you reside? I do not need the exact address but you live close by? Mrs. Atkins: We actually live five miles from the community, so we are in Virginia Beach as well we are in Great Neck. Mr. Graham: Okay. And, how much of an investment did you make into the property, you said you did some work to it. Mrs. Atkins: Yes, sir. We have put about $10,000, a little bit over into each property, just upgrades and just kind of touch ups that needed to be done, paint flooring redoing cabinets, bathrooms, vanities, window treatments, those kind of things, lighting. 2 Mr. Landfair: This is a really a question for William, it says here that they meet the parking requirement. Is there any issue with that? Will would you like to respond please? Mr. Graham: This is a question for William Miller. Mr. Miller: Here we go, it looks like they just unmuted me. I swear I was not ignoring you. So, each unit has one bedroom and there is one parking space for each unit. Like I said in earlier, there are five letters of opposition. I have read through all of them and I do not recall seeing any parking concerns brought up. it does not mean it was not there, I just do not recall seeing any at this time. The other concerns that I talked about earlier were the ones that I made note of. So, to answer your question, I do not know of any currently. Mr. Landfair: Okay. Staff acknowledges the virtual hand raised by Commissioner Redmond. Planning Commissioner Redmond, your mic is open for comment, please pause three seconds to be unmuted. Mr. Redmond: No hand brother, no hand. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Planning Commissioner Alcaraz your mic is open for comment, please pause three seconds to be unmuted. Mr. Alcaraz: Thank you. This is George Alcaraz, I should have gotten with Ms. Wilson before but I own the property across the street and I just wanted to disclose that and I do not know these owners I do not know anything about the property across the street. So, I just want to make sure that it is aware that I am going to adjacent property and I will be voting. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Graham. Planning Commissioner Graham your mic is open for comment, please pause three seconds to be unmuted. Mr. Graham: So, I meant to unclick my hand I apologize. Mr. Landfair: Are there any more questions of the applicant at this time by the Commission. Staff acknowledges the virtual hand raised by Commissioner Wall. Planning Commissioner Wall, your mic is open for comment, Please pause three seconds to be unmuted. Mr. Wall: Thank you. This is Jack Wall. I am curious how long have you been renting these properties. Maybe you mentioned that I may have missed it, but if you could state that again. Thank you. 3 Mrs. Atkins: The 208 Unit, since January, I believe. The 203, is just now getting completed, we just got flooring in as of last Sunday, so, we have not even started that rental yet. Mr. Landfair: I am sorry. Staff acknowledges the hand raised by Commissioner Oliver. Ms. Oliver: Hi, yes. I just want to make sure, I am not sure if I heard you because I know you mentioned something about property in Shadow Lawn somewhere else in Shadow Lawn. Do you all have another Airbnb? Mrs. Atkins: Actually,we have a few. The two properties that are located within Shadow Lawn Villas II,but the other property that we have that is an Airbnb is in the Outer Banks and it is in a similar community,but it is not in Virginia Beach. Ms. Oliver: Okay, thank you. Mr. Landfair: We have one speaker signed up to comment, Dennis Weber. Mr. Weber, note that you have three minutes to speak. Please identify yourself for the record, and pause three seconds before speaking. Thank you. Mr. Webber: Thank you very much. My name is Dennis Webber,just to like comment on it and mine will all be security based within the parking lot, there are absolutely no security lights whatsoever. So, it is a dark environment. The concerns,we do have some issues on break ins as early as just last night, I can forward video to you that there were people walking actually through the parking lot there, as well as went through our cars in our driveway. Fortunately, I did leave my car unlocked, went through it through the glovebox, fortunately they do not play golf. So my golf clubs were still in the trunk. Those are really my only concerns, are security driven. If there was some more lighting in the parking lot maybe some more security cameras. I am not objecting to anything, it is just all safety, bringing a lot of people in here that do not live might be concerning. Thank you very, very much and appreciate your time. Mr. Landfair: There are no more speakers Madam Chair, you have the floor Ms. Oliver for Planning Commission discussion. Ms. Oliver: Right, thank you. I would like to close this hearing to open it up to the discussions for the Planning Commission or entertain a motion. So, if you have a comment or motion you will raise your virtual hand so staff can recognize that please. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Graham, your mic is open for comment, please pause for three seconds. 4 Mr. Graham: I would like to motion that we approve the application for birth number 20 and number 21. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner, your mic is open for comment, please pause for three seconds. Mr. Weiner: I want to second that motion. Mr. Landfair: Are any Planning Commissioners abstaining from the vote,please raise your virtual hand. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes, if you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Mr. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. 5 Ms. Coleman: By recorded vote of nine, for and zero against, agenda item 20 and 21 are hereby recommended for approval by the Planning Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 598 Pinewood Drive (#203 and #208) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short 6 Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 7 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. 8 Tichele Ambrogi 598 Pinewood Drive Apartment 207 Virginia Beach, VA 23451 July 10, 2020 To Whom it May Concern, In regards to the short term rentals/AirBnb's in the Shadowlawn Villas II community, there have been no issues or disturbances whatsoever. As a tenant and neighbor in the community, I have only witnessed polite, quality tenants that have been very respectful of the property and the neighbors during their stay. I have no reason to oppose short term rentals in Shadowlawn Villas II. If you have any questions, please don't hesitate to reach out. Kindest Regards, Michele Ambrogi From: Becky Clark To: William N. Miller Subject: Use permit hearing May 27,2020 Date: Wednesday,May 27,2020 11:40:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr.Miller, We are homeowners across the street from Shadowlawn Villas II,and we are opposing the 2 units to go short term/AirBnB. Thank you, The Clarks From: William N. Miller To: William R. Landfair Cc: Marchelle L.Coleman Subject: RE:Conditional Use Permits Date: Wednesday,May 27,2020 7:04:00 AM Thanks Bill. From: William R. Landfair<WLandfair@vbgov.com> Sent:Tuesday, May 26, 2020 7:39 PM To:William N. Miller<WNMiller@vbgov.com> Subject: FW: Conditional Use Permits Will, Letter of opposition for the Atkins application. Bill From: ccollins57la�verizon.net<ccollins57Pverizon.net> Sent:Thursday, May 21, 2020 8:10 PM To:William R. Landfair<WLandfairPvbgov.com> Subject: Conditional Use Permits CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Re: Arica Atkins&Melvin L Atkins, III Conditional Use Permits(Short Term Rentals) 598 Pinewood Dr. Units 203 &208 May 27, 2020 at 12:00 pm I am the owner of unit 201, an adjacent unit to the above properties and I object to the approval of permits for Short Term Rentals. The owners were aware of the condominium rules that did not permit short term rentals when they acquired their properties. I have always had responsible and quiet tenants in my property and have always found the complex to be free of problems. With the addition of short term rentals in these small 1 bedroom units where one door is only 1 to 2 feet away from another, I fear that short term rentals will bring noise and disruption to the complex and that my tenant may no longer want to remain. Please do not allow this change of rules and jeopardize the value of our property. Thank you, Carol Collins 2213 Rockbridge Road Virginia Beach, VA 23455 z 4w ~ A < Z - ,t• ,1 al women tf f , M i ' ' L , , . mamma 1 1 [ , ,r ,- mime . t i , ` F t �I� 9' f S- S�F ism ,�]jj ' 1 ( ; . . ' i �1 �_ 1. i ...ry., CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. April 3, 2020 To Whom It May Concern, Please accept this email as an expression of opposition to the above-referenced application. I have owned a unit in Runnington Place Condominiums (610), which is directly adjacent to this property, for the past twenty-four years. Except for a few businesses on Norfolk Avenue, the Shadowlawn area has remained residential. It is my position that it should stay that way. While I can appreciate the new, shared economy and this building's proximity to the oceanfront, Virginia Beach is not only for tourists. Short-term use akin to Airbnb type leasing will radically alter the Shadowlawn neighborhood. There are few areas at the oceanfront where the working and lower-middle classes can live their everyday lives enjoying proximity to the beach with the ability to retreat from thousands of tourists. The building at 598 Pinewood Drive has a long history that includes heavy vehicle and foot traffic. It is already a busy and noisy place. Compounding this with those seeking to have a short, good time will only further exacerbate these issues. As such, I urge the planning commission to deny this application. Ask yourselves if you would want to live next to something operating like a hotel. And, if you already do, did you have the luxury of making the decision to buy knowing the hotel was there? If not, how did it make you feel and what would you change about it? There are numerous places for those seeking a place to stay for one day or a few weeks. Moreover, the city of Virginia Beach receives tax proceeds from those stays. Thank you for your time and consideration. Best wishes, Miriam (Michelle) Newton-Francis, Ph.D. Assistant Professor American University Washington DC 20016-8072 Phone:(202) 885-2485 Email:mnewtonf(aamerican.edu From: Mark&Cindv To: William N. Miller Subject: Neighbor Response to Arica Atkins&Melvin L.Atkins,III[Applicants&Owners] Date: Sunday,March 29,2020 5:45:04 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Miller We received a notification from the City of Virginia Beach Planning Department which states Arica Atkins and & Melvin L. Atkins are seeking a Conditional Use Permit to allow short term rentals for their properties located at 598 Pinewood Drive, units 203 and 208. My wife and I own 650 Pinewood Drive and purchased our condo based the fact that it is in a residential area without short term rentals and our association does not allow short term rentals. We are opposed to allowing short term rentals at 598 Pinewood Drive, units 203 and 208 as per the Conditional Use Permit requested by Arica Atkins and & Melvin L. Atkins. Sincerely Mark Mucha& Cynthia Caldwell 650 Pinewood Drive, 23451 From: i3oettiger.Dawn To: William N. Miller Subject: 598 Pinewood Drive Units 203 and 208--Arica Atkins and Melvin L Atkins III Date: Thursday,May 7,2020 7:58:38 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Miller, RE: GPINS 24270434561046 & 24270434561041 (if I type them correctly) Arica Atkins and Melvin L. Atkins III 598 Pinewood Drive Units 203 and 208 I am running quite a bit behind in providing this letter in HUGE PROTEST of any units in Shadow Lawn Villas being allowed very short turnarounds rentals of less than what our current homeowners association contract states of not less than one full week. We are already having problems with the Atkins owners performing short term rentals of less than one week that are bothersome and bringing in less than desirable renters for the short periods. The Atkins bought their units knowing what was in the contract for the homeowners association, which does specify that short term rentals are considered one full week and nothing less. Anything allowed less than one full week is disruptive and brings our property values down considerably. This is quite unfair to current owners, who purchased the property to live in their units, to have the noise and inconvenience of constant partiers as well as the other disruptions (noises throughout the night when people have to work, etc., and the list could go on). In addition, we do have other owners who rent and abide by our homeowner association rules of not renting their unit for anything less than a full week. I understand the court date was pushed back to May due to COVID-19. Please provide me that date as I will take off work and travel to Virginia Beach to adamantly protest any Shadow Lawn Villa Owner who breaks contracts after purchasing the unit where the rules and standard operating protocols are clear and concise short term rentals are defines as one full week only. If you have any questions or comments, please let me know. Thanks, Dawn Boettiger, Certified Public Accountant 443-791-1214 Dawn.boettiger@verizon.net Dawn.boettiger@ssa.gov Unit 206 Shadow Lawn Villas Pik 111 Wry ��,o, a R-5S ® 'ROS; ,\ ice" rw La A'fivii,m11101 R-5S J 0.0,,,,, \ ,,,,(5 o OR Pinewood ' ' - Tt . �' ' t . \\ R-5S \ - t/t D ii]3 ' : a l' ' -: '.1"*. • -A48 , A-�1�8 Norfolk Avenue 0'+.Lri ' NorfoIk ___ _______ -- - �. °'' ' \ n Avenue , r111111MINIMIWIlik RT-3* --_-_--- . _ t. _ o A-12 Street�� , _ , o 3D0 str , 0) 1 , RT-3 . tai101 00 - Q ,-, i t - -- R75S-- 1 ''' --- .-.0r-AcA780eir 1 .115`'Aiii I ____--- N // Site Teri Champion W ,41 c Property_Polygons 323 Norfolk Avenue Zoning Parking Lot Drive Aisle Feet r _ n 0n An an 1 on 1Fn ')nn 'Mil / ,, ,se ?� ,o.r „:„. .h'T y�, v_. f..; ,.., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TERI CHAMPION [Applicant] AT SEA CABIN, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 323 Norfolk Avenue (GPIN 24271464730026). COUNCIL DISTRICT — BEACH MEETING DATE: September 8, 2020 • Background: This application was heard by the Planning Commission on July 8, 2020. Due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in two-bedroom unit in the Lake Station Condominiums at the oceanfront. The condominiums were developed in 1985 on property zoned OR Oceanfront Resort District. The minimum number of parking spaces required for this use is one per bedroom or two in this instance. The maximum occupancy for guests on site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. ■ Considerations: The site is located at the oceanfront resort area, several blocks from the public beaches of the Atlantic Ocean and the boardwalk. One of the required two parking spaces can be accommodated on-site. The applicant submitted a letter of intent to lease a parking space from the 9th Street Parking Garage which is one block to the east of the site. The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), a condition is recommended below that limits parking passes for the unit to two resident passes only; guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Teri Champion Page 2 of 4 Staff received 10 letters of support and 15 letters of opposition, which were provided to the Planning Commission and are attached below. Those in support stated positive tourism experiences provided to visitors using Short Term Rentals, no issues related to parking, and belief that ability to rent on a short term basis increases property value of units. The opposition letters noted concerns about privacy, parking and noise. There were six speakers at the Planning Commission hearing. Two speakers in favor of the application stated that parking is not a concern; a preference of short term tenants over long term tenants, as issues with the latter are more difficult to resolve; location is in a tourist area and not a quiet residential neighborhood; and Short Term Rentals increase property value of units. The four speakers in opposition stated concerns related to privacy, parking, noise, risk to family, overcrowding of people in unit, and strain on public utilities. ■ Recommendations: On July 8, 2020, the Planning Commission voted to recommend denial by a recorded vote of 7-2 with 1 abstention; however, as noted above due to an advertising error, this item is rescheduled for the September 8, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling unit addressed as 323 Norfolk 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. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two 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 two (2)) on the property where the Short Term Rental is Teri Champion Page 3 of 4 located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 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 one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. Teri Champion Page 4 of 4 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 two (2) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (10) / Letters of Opposition (15) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department 6// City Manager: �� Iii1BApplicant: Teri Champion Agenda Item Property Owner: At Sea Cabin, LLC Public Hearing: September 8, 2020 17 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 9 ste„t_�---1 �" _t �, Approval t. ku sth�''~ _�d,•er B°' -14A t Staff Planner ! �' — ""' Summer Peebles �Sth _A—J , l a th s�0`` t- - 9 Location -1 ''`hs+� ��� 323 Norfolk Avenue teest. d�.a o„,e dstreet G P I N T d . ! ti k v i Jm 24271464730026 ,o d ow., ➢ pfley Site Size g vmryon pe^uee la+ra ap 60 sueet Approximately 1.7 acres Thi e..In-nepjenue 0.ap,enoe potntpvenue Nr9n peen:e em* t\ Zenaoe s�empv 1� S Winston 3dspite' Existing Land Use and Zoning District . < --s Condominiums/A-18 Apartment t '" Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-55 Residential , ,. - - - •; p t 114 .'"x South - t, •. " Norfolk Avenue t�` { gip: Duplex dwellings and hotel R-10 Residential, ` 'y � x ` R =s. '` A-12 Apartment R''' e - �k East r` % �° ` Open space, Parking Lot/OR Oceanfront Resort , '� , ,', West r ri--,r6� r -I. , = t r4 ,. , s4 t , Single-family dwellings/ R-5S Residential v•am, 4 ' 3 Iy fI • ,...or' f. t... As\ r ___ Teri Champion Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This parcel is 1.70 acres and zoned OR Oceanfront Resort. • City records indicate this condominium building was built in 1985. • Staff inspected the site on May 12, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff received a letter June 24th, 2020 of a complaint about noise and parking issues from an incident that occurred February 22nd, 2020. Short Term Rentals in the Vicinity .,__,5-9--'\ \--iU-01-.,— ',1,3'_--:"-.;-_-:11 1 1 h St t -_ 1i6 \ '.. -,- Ai ,, k. • %Sli-rifr„.„1,,,,..,:uti� .�^Tl" ,' �y /' �r . \fir'_ a � .' ''"_'!��a icy> .1\1 -,_,yr t ; i'_�Lys�_`�*, Iy` n StI ,�: �- it, t , pt1eY`., — i ,` .:`�s rid�• ���_.s t �'itt ytt¢e\'2( STATUS tokii t si ' • Approved :X' 1�1 I..:---:' . ., ,, t - • Den,ed Id <- t t- 1 t i il IS? �? .,,__I.iO Re9etered - 1 VI. � • Fot :v � ti ( :'1 \--1\ \ u--KV—,", .,uK Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 Teri Champion Agenda Item 17 Page 2 • Number of parking spaces provided on-site: 1* * 1 proposed parking space to be leased off-site at the 9`h Street Parking Garage 1.1:2„.„....i....,1 .\t1L—i_i_- lt k ©c 0o a'r�:`��3� _.(4 R::;j).i A g Zoning History 13■l *! 4ie oR # Request —erw.aadr �� 1 SVR(Create 2 lots)Approved 08/09/1994 �� _ � •� %`i�, 2 CUP(Commercial Parking Lot) Denied 04/26/2011 I. �����/ �%1 ( 3 SVR(Create 3 lots)Approved 01/17/2017 D ////�����/.�.i 4 CUP(Short Term Rental) Pending Planning Commission "°''°"`""'"" Recommendation and City Council Decision ri 11111111w ' rrl liat .. - P1 ill i �``I r. 1! all-, _ G. r"`\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This condominium unit is part of the Lake Station Condominium, less than a mile away from the public beaches of the Atlantic Ocean and the resort area of the City.The Lake Station Condominium is composed of 32 condo units. This two- bedroom unit requires two parking spaces. Each condo unit has one assigned parking space on-site; space number 23 specific for this unit.To accommodate the other required parking space,the applicant has submitted a letter of intent to lease a parking space from the 9th Street Parking Garage.The 9th Street Parking Garage is approximately 0.15 miles away from the site.Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes;guest and temporary passes will not be permitted while the Conditional Use Permit is active.The Zoning Administrator has reviewed this alternative parking plan and deemed it acceptable. Staff has received 13 letters of opposition from Lake Station condominium owners, noting concerns about privacy, parking and noise.The current owner bought the property January of 2020 and some of the noted concerns were related to the previous owner, who had operated without registering with the Commissioner of Revenue's Office.Although staff has received letters of opposition,the applicant can reasonably meet all the requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use.Thus, based on the considerations above,Staff recommends approval of the request with the conditions below. Teri Champion Agenda Item 17 Paee 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 323 Norfolk 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. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two 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 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. Teri Champion Agenda Item 17 Page 4 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • 13 letters of opposition have been received by Staff noting concerns related to parking, noise and privacy. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 24, 2020. Teri Champion Agenda Item 17 Paee 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on September 4, 2020. Teri Champion Agenda Item 17 Page 6 v) m 1— a) ..< so C ...I. 120 12 a) = ox) 12 _ a) = 1 parking space will be leased -- • .\c i from 9th Street Parking Garage .-- .. • , • i . (0.15 miles away) -' ' ' ,_• .- '4>itz t . . . _ s., 2".'. - --. ... .2 LAKE HOLLY . • 1 ,,,-1,. (li 8 173.P 20) 32* .... L..,c o rf olk •Willie .--.- — -- ... PI. a 1 t •--- ' i 1 71 ,4 4 4. ,,1,_ ....... 7.. .. .....„,,..,..nio r 4 Rr 4 I B A.fig iro.j r.?1..„ ..••1*m OW ,.g Ag: u r.1 zt--;1..". ,--r PetriI : I " '' , tF-- : — i Norfolk Avenue 1 assigned parking space > 0-c, —I rD rD = -‘. Q. 0 0.) n- c° -F° c' crg 3 -o Site Photos , - as i,` ti , 1 „...__ _.._,,,,,_._ — ', _-:-.-..:,,.-,f_.,, av,,..iii insotetoi ---''' A4r1:11 --.'"" 41 r Teri Champion Agenda Item 17 Page 8 Site Photos ,v_,-.1_.1,27,...tv-pk-__ • _____ __, _ •:--7-.,- ,7,-,,,,,,,-__,---,,, 15.46:4,-.1,-:'(': _ . i -- - - ' --- -,-1- 1 111- • - ,• -,41111111131- . -AAAA.,-. -.,-__-._ A_-_,--• - - • -- - __--• „Xi-Ai-- --,iI._:';1-1__,-;.,•..-7- _ i t.. -i"-- .. ' ,`,.• TI,:rtlH*u 9 fWia s4°P,icg 0r BLOC r4BinCL 4i'f S,4f Z-D C o 6 A sr -4 exCTt °R t,gA4 70s.'5C, i.mtg °E° NG - i 00 i n - :„ „.„ l 1 I ' .. rri ,3 • _. .. . .... -,, ti- ,, -':4-;:::4:,-.7',---.:-...-i__.---7-,•,---.4 ,- . .., - _, • .; •-,,....„---.-... _ _,.,....,- _ .,„ Teri Champion Agenda Item 17 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Teri Champion DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for _ (EDIP) Board of Zoning Encroachment Request Rezoning A eats Certificate of Floodplain Variance Appropriateness -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area ; Lease of City Property Subdivision Variance Board Conditional Use Permit I License Agreement Wetlands Board f The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin_ Commission and Cit:Council meeting that,•ertains to the at.nacationts) 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE 08.25?On SP a ! REVISIONS SUBMITTED DATE. Teri Champion Agenda Item 17 Page 10 Disclosure Statement 1\i)13 Virginia Resell Check here if the APPLICANT IS NOT a corporation, partnership, firm, Ik ‘l business, or other unincorporated organization. R4 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name; Teri Champion If an LLC, list all member's names: Teri Champion If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: At Sea Cabin, LLC If an LLC, list the member's names: Page 2 of 7 Teri Champion Agenda Item 17 Page 11 Disclosure Statement inrgirda Beech If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) Teri Champion (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Teri Champion Agenda Item 17 Page 12 Disclosure Statement VB APPLICANT Virginia Reach YES NO SERVICE PROVIDER(use additional sheets if needed) , ❑ " Accounting and/or preparer of your tax return ❑ EQi Architect/Landscape Architect/ ��v Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 1' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nu Construction Contractors — X Engineers/Surveyors/Agents Financing(include current 1 'XI mortg holds lns selected ea or being en consideredandeder to provide financing for acquisition or construction of the property) 4 Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property ! • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 an interest in the subject land or any proposed development I. I X contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Teri Champion Agenda Item 17 Page 13 Disclosure Statement 1VB Virginia ileadi CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been !scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. T __ APPIJ 5 5 NATURE PRINT NAME _ DATE Page 5 of 7 Teri Champion Agenda Item 17 Page 14 Disclosure Statement \AB OWNER Virginia Beach YES [NO I SERVICE PROVIDER(use adlitieaal sheets H needed, IX`� Accounting and/or preparer of I, your tax return n X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n r t the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ZConstruction Contractors C. (^I Engineers/Surveyors/Agents Financing (include current 111 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Inl Legal Services Real Estate Brokers/ f� X Agents/Realtors for current and f anticipated future sales of the subject .ro.ert _...... %._... 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Teri Champion Agenda Item 17 Page 15 Disclosure Statement Virginia Beach ICERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 11 complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Sc /JCc>J. . %Gr� L-.✓/74i i6i, 717-6143 PROPERTY OWNER'S SIGNATURE PRINT NAME Page 7 of 7 Teri Champion Agenda Item 17 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Teri Champion Agenda Item 17 Page 17 STR VICI -_ ITY TAP TERI CHAMPION- 323 NORFOLK AVENUE , . �' i„ }�cis_ 1,6 is *,, 't �" .{'171 ,,,., \i ,.... 1 , r ____v,i, -,:\5t13: \ .„— ci, [7,- 6 ....-21- 1' ' A -a �. y': � }�1 ; t t ,fir -'` , 71-1 4......,c1....,. „ 1�5 St, „ _-e4�. �11 t Y_YS .�_t it { t -s ue,tti\ � t 5.-�` �r� 'q :`7a ...,,.A..\-1--04-7*.r-P01 .-c-47:Lil "•ett_i c '17 „. , '__,-•, ) .%% . ,--.74.12...torl '., ''-::.*)-A_I ;:::...er lirLiw, _Att.-, .‘,--'---77-- vs-- 1 _ .. .�)y+� l q -- r 1 l . 1 r ,lec;,, ti `11_, -• �`-`' � is ' , 1e i•-- t : STATUS �- , , ti _ ' Q Approved % 1, 1 pp 5 1-.1 (: ti y r--� s ' • Denied la-, t , ', '', ti7A 1 } - Vk- ' I ,�i } �;_:�-�;.�,, �1 rub ti.��,_1 �}�-1��,1.=� 4 �te�l 1'�,. � ti Q :::' ..1 ' ti '1��i 1 ,, ' ti i,--I, V‘I' „ \::t:i- "P I / '.'_ .�tl '� \ �t S t-Cvrn-.t S -t i 1 1 0.---k , The verbatim of the July 8, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on September 8, 2020, again due to advertising error. Item # 10. Teri Champion [Applicant] At Sea Cabin, LLC [Owner] Conditional Use Permit (Short-Term Rental) 323 Norfolk Avenue July 08, 2020 RECOMMENDED FOR DENIAL Mr. Landfair: The next application is item 10. Teri Champion fora Conditional Use Permit for Short- Term Rental at 323 Norfolk Avenue in the Beach District. The applicant is Teri Champion. Ms. Champion you have upto 10 minutes to describe the request. Please state your name for the record. Thank you. Ms. Champion: Okay. Good afternoon Planning Commissioners. My name is Teri Champion and I am applying for a Conditional Use Permit for Short- Term Rental. My husband and I purchased 323 Norfolk Avenue in January 7, 2020. On January 15,we went down to the City to register it underourLLC, At Sea Cabin,make surewe were signed upto pay all the occupancytaxes, the lodging taxes, and anything else that the City required. We wanted to make sure that we were in compliance with everything prior to renting out. My husband and I managed the property. We purchased it as our second home actually, it is the only home that we owned. We wanted to be able to have friends,family come and visit, as well as have the opportunity to rent it out. I cannotgive you a magic number it may only be rented outfive times a year. I just do not know, I am a full time real estate agent and one of the reasons I purchased it was I wanted to be able to offer clients to come into town for house hunting a place to go, it would be an option for them. So, renting it out on Airbnb and Vrbo is not really something that was a priority for us. But, if somebody were to stay there for a week that wanted to come into town, I would like to be able to have some income on that. So, just to be clear, this is not our sole income. This is not continued revenue for us that we depend on it is a little bit of a differentsituation.Also, I want to thank zoning first because this is stressful. I know we have a lot of opposition. It is not falling on my feet, but it is falling on the feet of the prior owner of this property that rented out for 18 months.And,there are others that have been 1 rented out, all not ideally managed, I understand. And, I am going completely off script, so I will probably miss half this down. Ms. Oliver: That is alright. Ms. Champion: Those in opposition I understand. I feel the same things they feel. do not want our community to go down, 40% of the residents are not even full time.They are here visiting, enjoying their vacation home on weekends, long weekends, and holidays. I personally have not met hardly any of them, I am in that unit every day. My daughter lives here full time, she has since March when she graduated with her master's, and I am there every day. So, I see what goes on, as opposed to some of the people who are not there every day. 31% of the resident's owners run out long-term. I am not going to go into the detail about long-term renters and some of the problems you can have with those, but we have them like any other community, we have them. And, 28% of the owners are full-time, so, they live there year round. Out of my little section my building,there is six units inside our vestibule. I have met one of the owners who lives across the hall from me. So, that is it and I am there every day. I will say there is only three active duty, there is only three active Short- Term Rentals now, and there used to be five to seven, so it has gone down. If I am approved, I would be the fourth to be approved with that condition. But, I guess my point here in saying that people who rent Short- Term Rentals I really feel like have a bad name. They do not all come to party get drunk and disturb the peace. They come to as a family to enjoy the beach to sit down and have a home cooked meal at a table, have separate bedrooms and enjoy the beach. I mean our condos are located at Norfolk Avenue they are not in the quiet Hampton somewhere. You have no idea what goes on in Norfolk Avenue. There are unicycles, there are mopeds, there are dog walkers, joggers, people slopping their beach gear up and down, and then late at night, there are drunk people trying to find their car. It is not quiet, but it is the beach. And, so, when you buy a place there, you kind of know what you are buying. also let any renter know, hey, this may not be the place for you. I cannot promise you quiet enjoyment. I cannot guarantee that because of the location. But, I can guarantee you that we are hands on. My husband is a retired Marine Colonel, retired from American Airline Pilot he has nothing to do, but have time to help me manage this place. And, I am five minutes down the road. We have spent a lot of money renovating this place and continue to renovate it. There is nobody more than me who wants to see this place taken care of. We have put things in place. We personally greet each guest in the unit,and they thank me for that. We have only rented it 2 outthreetimes. And, so,they thank me for that. We give them a walkthrough of the property, we go over the rules and regulations to include the condo rules. We require them to sign that they know the rules in the bylaws of the condos, as well as our rules. I annoyingly check in with them all the time. do not know if they like it or not but, I want to put my face out there and my voice out there all the time. If they need anything, if they want anything, make sure everything is going well. The previous owner did install a video camera in the doorway to be able to see who was coming and going, I left it there. I thought it was useful. So, I was using it to monitor as well, but was asked to take the camera down and I complied immediately. So, I no longer have a camera there. I cannot really see who comes and goes, although it has not been rented out since the end of February. Moving forward, that is probably something that our Condo Association will need to address. But, our unit only holds five guests. I know thatthe City ordinance allows you six because we are in a two bedroom, I would not let six people in my unit. So, that is just kind of our rule that we have. We have a strict $500 security deposit at lease that personally even I would not sign it is strict. And it is meant to keep the people away that are coming to party. The only incidentthatwe have out of the three and I am so regretful of this was we had four ladies from Northern Virginia that were coming to have a peaceful relaxing time with each other and I decided we would not greet them that I did not need to be on top of them and so I never met them face- to-face. And,there was no noise complaint,they were fine. Exceptfor there was an incident and I was immediately notified, I was devastated. I called the President, I called the Secretary, I called and apologized,as addition to the neighbor across the hall profusely, and it made my husband I rethink how we are going to screen future guests, which means probably Airbnb and Vrbo are not going to be an option for us anymore. Even though we are talking to people and we are involved,I just do not know how carefullythose are screened in addition to us. Also, the other two that we have there, a mom and dad visiting,saying goodbye to their son, he was leaving on cruise for six months, and they wanted just to be there. They played games, they had all the games out, I mean,they were harmless and theywere wonderful. And, after that there were two nurse practitioners from Northern Virginia here for a conference in Norfolk. Their biggest complaint was they like to read and there was not enough light in the living room. So, I am doing the best I can, I did not come into this community disrupted, I have all the same concerns they do. I just feel like, my husband and I should be given a chance to prove that and also to shed some positive light on Short Term Rentals rather than them being a detriment to our community. 3 Ms. Oliver: Thankyou. Ms. Champion: Yeah. Ms. Oliver: Appreciate that. Anybody have any questions forthe applicant. Ms. Oliver: Okay. Alright, thank you. Ms. Champion: Did he have a question? Ms. Champion: So, I am even embarrassed to say, allegedly they denied but I am going to go with the owner that said it happened.Allegedly,they were out in our deeded parking spot and they were sitting there waiting for the key to the vestibule to go upstairs and they all probably had been drinking I do not know, but two were caught urinating behind the bushes.And,they could notget up to the unit to get to the bathroom, so, I am sure on a whim, they decided to do that, certainly do not in any way condone that, was devastated but you can not control adult women, I assu me they know better. But, evidently these women did not, so, that was the incident and that is why we need to look ata different place on how we run out our property. Yeah.You are welcome. Ms. Oliver: Thankyou. Ms. Champion: Thankyou. Mr. Landfair: Madam Chair, there are seven speakers registered to comment. Each speaker has up to three minutes to make comments. The first speaker is Patricia Grossi, followed by Rob Rickard. Ms. Grossi, please state your name for the record. Thank you. Ms. Grossi, we are ready for you. Ms. Grossi: Okay. My name is Patricia Grossi, and I have lived that lake station for over 23 years, and served on the board of directors for approximately 15 of those years, and I can honestly say that I have never had a problem with parking here. Now, I have also rented out both short-term and long-term, and have never had an issue with Short- Term Rentals. However, I have had an extremely difficult time with long-term rentals with destruction of property and the illegal activities, and they feel that there was more control over Short- Term Rentals, as they can be removed immediately. Also, there is nothing in our condominium documents that prohibits Short-Term Rentals. So, therefore, this is why my support is for Teri Champion to be approved for her permit that is before you today. I thank you for your time. Ms. Oliver: Thankyou. Are there any questions for speaker? No, okay. 4 Mr. Landfair: Madam Chair,the next speaker on this item is Rob Rickard, followed by Lee Sherlock. Mr. Rickard, please state your name for the record. Thank you. We will make his comments virtually, followed by Benham Malcolm. Mr. Sherlock, please state your name for the record. Thank you. Mr. Sherlock: This is Lee Sherlock, can you guys hear me? Can you guys hear me? Mr. Landfair: Yes. Mr. Sherlock: Perfect, just want to make sure. So I moved here into Lake Station condominiums, I live here. I just want to let it be known that I am a full-time resident here I have a full-time job. And, probably since March, I have actually been working from home, and so, I am here literally, all the time. And,when I initially bought this place, I was aware that it was previously an active Short- Term Rental and I knew that there were several others within the property that were being rented out as Short- Term Rentals. And, actually, I liked the idea that potentially one-day down the road I might have that flexibility to do so as well. Let me tell you about some of the things that I have experienced, since I have been here, but hear me out because it may seem a little counterintuitive,maybe to my position on this thing.And,some of its kind of repetition of what Teri had talked about, but intoxicated people throughout the day, throughout the night,walking up and down the streets, passing through our parking lots. We have the police and fire trucks and ambulance sirens are very regular occurrence, we have protests, with protesters being chased down the street by police both by foot, and on car right. We have got loud engines of cars speeding down the street I do not know if their drag racing or what is going on. We currently have a busted down fence to our property from what I am guessing, is a car running into it or something of that nature. And, some idiot recently just threw some ice cream or something all over the front of my car which I am really appreciative of. And, these examples really are not all encompassing of everything that goes on down here. But, my real point I guess that I am trying to make is, let us take into consideration where we are located right, and we are two blocks from the touristy part of the boardwalk. Our neighbors are the White Marlin Inn and the Beaumont Inn if you guys are familiar.We live across the street from the parking lot of what I believe is a camping ground, and their access to the beach, as well as The Shack, Side Street Cantina, Waterman's Mahi Mah's, Chix, just to name a few of the more popular spots. And I guess the point I am trying to make is, this is not a small quiet beach town community, or even the north end for that matter. So, everyone that purchased here either knew or should have done their 5 own research to kn ow th at th ese were the types of th in gs th at you are going to be experienced when you live here.So,all of these things, I am not even sure why this has to go through the City, I thinkof,you know-. Ms. Oliver: Thank you, do we have any questions for our speaker. Okay. Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Benham Malcolm, followed by Lee Jones-Hubert. Mr. Benham, please state your name for the record. Thank you. Mr. Malcolm: Good afternoon,first of all, my name is actually, Benham Malcolm it is reversed. Good afternoon. My name is Benham Malcolm, my family is owned 319, Norfolk Avenue since 1998, which is directly below the CUP applicant that is here today. My family and I have been heavily impacted for the last two years by the hotel room has been operating above us. My ask of the Commission is that you deny the CUP in a number of reasons. Number one, this is precedent setting for our community. Right now, we have about 47% of the homes that are in our community have written in opposition,of the 10 that have written in saying that they were support the opposition,five of those are our units that have actually been doing Short- Term Rentals, and it is in their business interestto actually continue doing them. That excludes the one that's been listed today which is unit323. If you exclude those ones who are doing Short- Term Rentals that brings a number of opposition's been formally applied for the city, down to four are only 12% of our community. Second reason is that the parking mitigation has been proposed, which will my neighbors will address more thoroughly. Really it is not a biggest issue that may seem, but it actually allowing that leasing of the space in the garage amplifies likelihood of overcrowding within the unit. So, as an indirect impact that. There are five violations against location if you include 2019, the ordinance I could see of six exceeds HOA limit of four unrelated persons per unit. Our building, our parking lot, our HOA rules, our match with company contract, or shared utilities are not designed to be Short-Term Rentals.So, focusing for just a moment on the violations which seems to be an area that the Commission is interested in,the staff report shows violationsthatoccurred since January 2020. As the owner of the property correctly pointed out, she bought the property in January of this year,within six weeks of closing she had her first complaint filed against the property. So, in theory, a new applicant should not have any violations against them, because they have no background and no history. She boughtthe property and merely she applied, they are not going to have any violations in just six weeks' time typically. So, we wanted to go back, take a look at the rest of 2020, we have the COVID-19 6 things have occurred. She has indeed been residing on her property many days, but she has been doing construction and renovating the property and improving it. There was a full complete gutting of the property done two years ago in the previous investor boughtthe property. The 2019, violations are indeed relevantwith the experience we have had,the new investor was indeed the listing agent,who boughtthe Short-Term business plan that was provided by the previous investor at a record high purchase price for the property. That business plan likely showed strong booking revenue stream, which created the 2019 violations. My experiences in 2019, includeconstant noise,overcrowding, stuff raining down from above. Ms. Oliver: Mr. Malcolm, I am sorry I have to stop here, you had three minutes. Do we have any questions for Mr. Malcolm? Mr. Alcaraz:Yes, just one. The incident that you just brought up was that the one that she just disclosed to us. Mr. Malcolm: I am sorry. Mr. Alcaraz:The incident that you said that happened six weeks after her purchasing was that the one that she had brought up. Mr. Malcolm: Yes, in 2020. Mr. Alcaraz:Thankyou. Ms. Oliver: I have a question for you Mr. Malcolm, right. Mr. Malcolm: Yes, please. Ms. Oliver: Okay. So, the issues that you had were prior to the applicant, when she purchased it, if I wrote it down right January 7, 2020. Mr. Malcolm: And then transferred to her limited liability company shortly after that. Ms. Oliver: Right. In anticipation of using it as a Short-Term Rental. Mr. Malcolm: That is correct. Ms. Oliver: Correct. So, truly what we are here for is this particular applicant and I appreciate the problems that you have had and understand them in 2019, but that is not really sort of what we are discussing today, and I understand the impact of Short- Term Rentals and how they are, but during for this application the one incidentthat has occurred was the one that I read the letter about the four ladies that had to wait so long to get upstairs, correct. 7 Mr. Malcolm: Yes, that is correct. That is the question I think you just ask by choice. Ms. Oliver: Right, but have you had any other issues. Mr. Malcolm: No, there is been very limited rentals, her daughter is indeed there right now. Ms. Oliver: Okay. Mr. Malcolm: And, she has been doing construction upstairs fora while. Ms. Oliver: Renovating them. Mr. Malcolm: And, also there is COVID-19, there is demand for staying and rentals in general in the entire community is down. Ms. Oliver: Okay. Mr. Malcolm: Therefore, there is not an opportunity to generate the violations at the same rate as previous years. Ms. Oliver: Any other questions for Mr. Malcolm. Yes, Jack. Mr. Wall: So, Mr. Malcolm, how would you compare the noise from typical Short- Term Rental and it is interesting that it would be before, probably in this application, but to the noise that you typically experience along in the area that you live nearthe oceanfronts in Norfolk Avenue and near the vicinity. Mr. Malcolm: Sure.There is lots of noise from Oceana, we all experienced that has a given forthe area. Butin terms of noise generated by neighborswithinthe community, most of our neighbors are single. There is no kids in the community, it is relatively quiet. The Short- Term Rental unit people who typically show up, they are on vacation and they are there to have a good time. So, many, many times it is going to be later at night, as when they are coming back, typically when we have problems coming back from the bar area. The oceanfront is when the problems occur, or there will be parties they have on the back of their decks, and there has been reports as many as 12 people on a deck there is a very small three-foot wide area, and they make a lot of noise with music going, they will be having a party out back. But, in general, the Virginia Beach Police does a good job. They do a phenomenal job actually, it has slowed a tone of things down after 10pm or 11pm on weekends, and it is generally pretty quiet within the community. The overall south east end of Norfolk Avenue, but they are there to have fun and my neighbors and I even on telecommuting from there, have to get up and work in the morning,they do not. 8 Ms. Oliver: Any other questions. Thank you very much. Mr. Malcolm: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Lee Jones-Hubert, followed by Thomas Belvin. Mr. Jones, please state your name for the record. Thank you. Mr. Jones: I make a slight correction. My name is Lee Jones-Hubert. Ms. Oliver: Okay. Mr. Jones: But, everybody gets that way. Commissioners, I just wanted to say that in November 2013, we purchased the condo at 325, Norfolk Avenue, Lake Station Condominiums.This was to be our place to relax, to get away, to enjoy the new community and we are aware of the investor of Unit 323 is proposing a change to the zoning code, so, that they can legally rent on a commercial short-term basis. So, here is our concerns,water and sewage. Our HOA fee covers the water and sewage, which very nice for us except for the fact that the number of individuals and visitors that you are going to have in Short- Term Rentals here it is going to increase the amount of the utilities.And,that is one reason why the HOA fee will go up. It is not fair for those of us who keep within the number living in one unit to pay for the additional use of water and sewage in another unit and privacy. We know many of the individuals who use or stay in their condos and when we do not, we start seeing people we do not know, we do not know if they are supposed to be in there or are they on the property legitimately or not. We feel a sense of insecurity about our own property and safety.And, speaking to safety as well as the noise, even though, there might be four to six occupants in one unit as in the past. Short-Term renters seem to have their friends and their buddies come on over, in other words, this is one of the larger places when several of them have different hotel rooms along the way. And they go, come on over, we got a deck we got all this and everything. I have seen as many as 12 people standing on the deck that is builtfor four people. And, then there is large amount of trash at the end of the day, including dog poop, bottles and it is collecting in the parking lot, and in the common areas. And, then there is the parking issue, at Lake Station each condo is assigned a numbered space and two guest passes for unnumbered spaces which are limited. If the City of Virginia Beach allows the investor in 323, to have a space in the garage on Ninth Street and the Pacific, or any other place with the Short- Term Rentals can have up to four cars there, at least for themselves and their guests.These issues 9 dear to us and we purchased our condo with the idea that we would be in a safe residential community. I know there is some people have done, Short- Term Rentals on the sly. We just do not want this legalized and institutionalized.Thank you very much. Ms. Oliver: Right. Do we have any questions for the speaker? Mr. Alcaraz:Mr. Jones at the beginning you had stated that this applicant is requesting a change of the zoning code, can you tell me more about that, I must have missed that. Mr. Jones: Well, that is when I saw the CUP was. To allow, to permit the use of that unit to be rented on a short-term basis. Mr. Alcaraz:Yeah,there is a code and we are here to see if they meet that code. Mr. Jones: Maybe zoning is not the proper word for me to use. Mr. Alcaraz:Yeah, I am going to make sure. Thank you. Mr. Jones: Okay. Ms. Oliver: Yes, Robin. Ms. Klein: Are these concerns that you have been brought to the HOAs attention. Mr. Jones: Yes. Ms. Klein: Are they taking steps to address that? Mr. Jones: Yes and no. Ms. Klein: Can you elaborate on it? Mr. Jones: You have a certain amount of meetings and whatnot.We have officers who might not be there, who live in other places. When I see a bunch of people drinking in the common areas, I think maybe it is not necessarily the right move to call the President of our board at that time. I can bring these things up in our annual meetings, I can bring them up to our individuals, but I am bringing it up right now here. Ms. Klein: No, I agree with you. I serve on a HOA Board and so, these are the types of things we hold monthly meetings that we would want residents bring to our attention. Mr. Jones: Sure. 10 Ms. Klein: So, are these being discussed at your monthly board meetings? Mr. Jones: At the monthly board meetings, I am not sure. I am not always so sure about that. I mean there is definitely some issues there and we are going to be working on those. But, we are here right now and like to present this to the City. Ms. Klein: Sure. Mr. Jones: And, I would like to have the City on our side. Ms. Klein: Thank you. Ms. Oliver: Right.Any more questions? Okay. Thank you very much. Mr. Jones: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Thomas Belvin, followed by Tatiana Green. Mr. Belvin, please state your name for the record. Thank you. Mr. Belvin: Madam Chair and Commissioners, good afternoon. I am Thomas Belvin, owner of 313 Norfolk Avenue part of the Lake Station Condominiums. I am here today to speak in opposition to the proposed Conditional Use Permit to allow Short-Term Rentals in Unit323 in my building.And,here are some points that support my opposition. Number one, in our bylaws and rules for the Lake Station Condominium Association, the use of each unit is expressly restricted to single family use and occupancy only. Number two, two dedicated parking spaces are required for this two bedroom unit Short- Term Rental by City Code. Each condominium is assigned one dedicated parking space and there are 18 unassigned parking spaces available for guests on a first come basis. While the mitigation of a rented parking space in a nearby parking garage or maybe adequate solution for Short- Term Rental using a single family detached home. In the case of shared guest parking it does not work. There is no way to hold any short-term renter accountable for not using the guest spaces that is impacting all the other owners. Number three, I personally share the inside stairwell foyer and external single keyed security door with Unit 323. Management of the security door key and the constantly changing short-term renters will greatly increase risk to me and my family. This is particularly troubling during this pandemic. Our community is not a hotel and it is not designed or constructed to be one. So, who do I have my family turned to day or night for issues of noise, trash, confrontation,security or whatever, they always 11 call 911 . The burden then is on me and my family to confront and investigate, and initiate enforcement of any of the conditions placed on this CUP. This application has not been reviewed, discussed, or voted on by Lake Station HOA Board or Unit Owners. There has been no community meeting, discussion,orendorsementof thisvariance,which will significantly change the entire environment of the community. Number five, the owner of 323, Norfolk Avenue has not attempted to reach out and communicate to me in any way to give notice or ask for support of the variances. So, I am asking you to support me on my neighbor's request to denythe Short- Term Rental Conditional Use Permit for 323 NorfolkAvenue in order to keep Lake Station of family, community, and environment, not a hotel environment Thanks for your time and attention and stay safe. Ms. Oliver: Thank you. Do we have any questions for the speaker? Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Tatiana Green. Ms. Green, please state your name for the record. Thank you. Ms. Green: Good afternoon, my name is Tatiana Green. I have lived full-time at 321 Norfolk Avenue since January 2001, my unit is directly opposite 323 on the third floor. My walls,common area, front door, stairs and landings,and back deck, are all shared with the strangers that show up at anytime in Unit 323. And, the incident that happened in the front entrance way at the end of February, even though,the investor said it was only rented to fourwomen. There were six women there, two of them urinating right in front of me, and four sitting in the car smoking, and it was at 11:30pm in the evening.Why are they locked out at that time, I do not understand. But,this is the kind of activity thatfrequentturnoverShort-Term Rentals often bring,these are the activities. So, I am concerned aboutthe erosion of my security, privacy, the quiet enjoyment of my home, the feeling of community that has been disappearing as Short- Term Rentals increase. I am asking the Planning Commission to deny the Conditional Use Permit application for several reasons. Enforcement, in Lake Station most residential units are occupied by one person or a second family vacation home. The physical design of our buildings, our parking lot, our Home Owners Association rules, our shared water utilities, and our contract with the management company are all designed for residential environment.We do not have a front desk, we do not have a parking lot, we do not have attendant, we do not have a security guard, and we do not have a maintenance team to address the needs of short-term environment. For security, I feel unsafe now coming into the common area of my building. I never know who is going to be on 12 the stairs or the landings as I walk up to the third floor. Healthwise, I have no idea of strangers are going into Unit 323 and bringing in COVID-19, bedbugs, roaches, and other health issues. It is always been my home, I have lived there for over 20 years and I do not like the changes that I see happening that investors are making a huge profit at the expense of my safety, my peace of mind, my lifestyle I go to work in the morning. It is a wooden unit, you can hear everyone just normally walking up the stairs, it is not very well insulated to havea unitopposite me with six people tromping upstairs after they are coming home from the oceanfront partying is very differentfrom one person that lives there coming in at a regular time. I have to go to work the next day. Ms. Oliver: Thank you. I am sorry to cut you off. Ms. Green: Okay, thank you for your time. That is okay. Ms. Oliver: Thank you. Do you have any questions for our speaker? No. Thank you very much. Ms. Green: Okay. Mr. Landfair: Madam Chair, that was the last speaker for this item, we would like to ask if there are any speakers present in the lobby, building 19, or in the chamber that would like to speak, anyone? There are no more known speakers. Ms. Oliver: Okay. Alright. Sorry, I was going to ask her, she wanted to come up. Ms. Champion: Now, I wish I had my full 10 minutes back. So, I want to say, first of all to Ms. Greene whojust spoke. First of all, it was not 11:30 at night,it was dusk. There were never six women in that unit, I had the cameras, I was able to watch them come and go. I am allowed six people, but there were not six in there. For somebody who despises Short-Term Rentals she was friends with the previous owner. And, she knew for a year-and-a-half, she watched people come and go, I introduced myself when we first moved in. She knew exactly who I was, she knew exactly our intent to possibly turn this into a Short- Term Rental and she never once said to me, there were issues, there were problems, there are concerns, ever. In fact, let me just tell you, I came home one-day after our first renter and she had a stack of books, brochures,she had gone to the visitor center, she had made an effort with a handwritten note to share that with my renters. I thanked her, but I mean she did not have to do that and why did she do it if she saw opposed to renters. As far as the parking goes, we do have one-deeded spot and we 13 have one guest pass. One visitor spot shared with the other I believe it is 17, I counted 17 unmarked spots. They are first come first serve. My daughter parks in our deeded spot everyday and every day I use the visitor spot, neverhavea problem, I have never not had parking. In fact, I did send some pictures I do not know if they made the slide, July 4, and it could be the time it could just be everything that was going on. There were eight available spots in the morning of July4, and again when I left at nine o'clock that night there were just that many left and I took pictures to prove it and they are time stamped. So, our parking is not an issue, it has not been for me at all.Water talking about shared utilities, I guess it could go both ways, the full-time residents take showers every day and use utilities everyday. As opposed to Short- Term Rentals that there is a small window of time really that they are even there, summertime, come fall, winter, early spring, they are pretty much empty. So, we are subsidizing the full-time residents for their use of the utility. So, it all works out in the end in my opinion. I just do not think it is a good argument to go against short-term renters. I am doing some remodeling in there, it is not a complete renovation, it is a renovation.The place was not completely gutted, I will promise you that or I would not be putting the effort into it. There was hardwood floors installed which has been an issue for Mr. Benham, and I have been sensitive to that. I have not seen him, ever met him. I have been there since January, but I know the hardwood floors were an issue with him with the last owner. So, wear rubber shoes, I make the effort. My daughter knows to walk lightly,but she came home the other night from work on a Friday night, and was accosted by his sister visiting first time I have ever seen anyone in the unit and said she walked heavy. My daughter is 120 pounds soaking wet, but she walked heavy she was a heavy walker. Ms. Oliver: I hate to cut you off. Ms. Champion: Okay, okay. Ms. Oliver: But, do we have any questions?Yes. Mr. Alcaraz:Yeah. So, I wantto ask you before I need to hearfrom the opposition when the incident happened. Ms. Champion: Yes. Mr. Alcaraz:How were you contacted and you said it happened at dusk or sunset. 14 Ms. Champion: The President called me. I had no idea it happened, I have left all my information with Ms. Green across the house. She is my only contact, so, if there is anything that goes on, please call me, I am proactive. Mr. Alcaraz:So, what did you do when you were called. Ms. Champion: Oh, I immediately called them, I texted them, I said this is not acceptable you all need to leave, like I cannot have this happening in our unit and they denied it. Mr. Alcaraz: I received an email that y'all took drastic action and what did you do. Ms. Champion: I did not take drastic action, I told them they were to leave in the morning. Mr. Alcaraz:Yeah, okay. Ms. Champion: Yeah, I mean that is the best I could do, I told them they need to leave in the morning, I mean this went on into the evening of me calling. I call Ms. Green I profusely apologize. I told her, I had been watching them on the camera because I was concerned just because when theywhen they checked in,there were five of them instead of four that were registered. So, I was concerned, so, I was watching and monitoring them, not just so much for me but for my neighbors to make sure they were not being loud, and they were not that was just that in cidentth at she found them.Yeah. Ms. Oliver: Yes, David. Mr. Weiner: Not that this has anything to do with application. You need to take the camera down to me that is big security for you. Ms. Champion: I have not had it, it was up when I boughtthe unitseemed like a good idea, but that particular weekend when Ms. Greene said I feel like my privacy is being invaded the President called me and said Teri I cannot make you, but I am suggesting that you take it down, I said I do not have a bit of problems with that and it has been taken down ever since. Mr. Weiner: Okay, I was just asking this is one. Ms. Champion: The pictures that you are seeing are the wedge, the placeholderfor the camera, it is not been there as long as I was asked to take it down. Yeah, I don't have an issue with that. Ms. Oliver: Do we have any other questions? Alright.Thank you. 15 Ms. Champion: Thanks. Ms. Oliver: Alright. Oh, yeah. I am going to close this and we will open it up for discussion among the Commissioners and Robyn. Ms. Klein: Actually,we have-. Mr. Graham: For Short- Term Rentals it seems like when it is in a neighborhood and it is in a single family,community, it is a little more difficult when it is in a condominium complex, if the Condo Associations doing its job and the residents of the Condo Association the majority of them are against it, they have control of this we are not here to, correct me if I'm wrong, I mean the Condo Association has the ability to set rules for each one of those condo owners and it sounds like this Condo Association just had a major failure. If truly,the majority of these people are against it, they have really done a bad job of putting measures in place to prevent it. I mean that is my comment. Ms. Oliver: Robyn, do you have some. Okay. Ms. Klein: Yes. So, I completely agree that there is an issue that needs to be brought to the association's attention. My question for Mr. Inman, one of the gentlemen said that within the bylaws and it says that it is for single family occupancy. Does that apply in this case? Mr. Inman: I have just pointout, I am going to need to tell you that I am going to need to abstain from any amatory with regards to this association my law firm does represent th is association on the Registered Agentforthe corporation. Ms. Oliver: Okay. Dave. Ms. Wilson: I was going to cut Mr. Inman he is telling that was my question. Ms. Oliver: Right,got it. Ms. Wilson: I don't know if he had done good thing,just think.Yeah Robyn this is Short- Term Rentals are considered a single family use. Ms. Klein: Okay. Ms. Wilson: So, we do not interpret their bylaws in any way, we would never interpret anything that they ban or they do not ban. A court of law would have to do that, butthe state considers that a Short-Term Rental is a singlefamily use, it is not a commercial use. Ms. Klein: Okay. Thank you. 16 Ms. Oliver: Okay. Dave. Mr. Redmond: Couple of quick points, I do not think that it is necessarily the case that a multifamily building is inherently ill-suited to Short-Term Rentals. do not think Short-Term Rentals are necessarily evil and everybody there is go to the bathroom in front of the joint or any of that. Nonetheless,th is situation looks to me not to be appropriate for this kind of use. I think that lady is exactly right, somebody coming across from her doorway, does not know who it is every day. You go out into the common area of the of the condominium building where you live, and it is somebody who has come back from someplace at the oceanfront at midnight or something like that and it is just too dense and environment to make these pieces fit together. So, I mean, I think this is a legitimate economic use, we would not have them, it would not be allowed under the ordinance but there are places where they make sense better and places where they do not. And,this to me seems one of those places or it just does not make sense to have any more and certainly we are very obviously there has been a problem and been a problem this year if it's not going to be rented but just a brief period of year, why was someone there in February? I am clearly it is going to be rented as much as they can get it rented, and this is something with which a lot of people are very uncomfortable and I myself uncomfortable for and caveat emptor. If you buy a place better expect to own the place, you cannot expect necessarily to have a Short-Term Rental in it, unless you got a contingency in your contract and you work it out that way butjust because you buy a place and intend to use it one way it does not mean it is the right place to do it, or you get to do it. We have a process for that and the soonerfolks get that in their heads, I think the better off we will all be, so I am not going to support the application, in fact I will oppose the application, and I thank you for your time. Ms. Oliver: Absolutely.Yes, Jack. Mr. Wall: Do I question of Ms. Champion. Ms. Oliver: Yeah, absolutely. Ms. Champion, can you come up to the podium please. Mr. Wall: Just the patio or the porch, like is it shared or is it. Ms. Champion: Well, we have a common stairway that we use. Mr. Wall: Common stairway, but not the exterior, like on the. 17 Ms. Champion: No, we each have our little deck and then you walk and then you go down the stairs, but it is all been gutted, recladed, expanded our decks are being expanded. There is an entire construction project going on in our units,and they finished one building theyare at ours now. So, all the effaces coming off, the decks are all being completely restructured and enlarged. Everything is being torn up at this point. So, our decks will be bigger, it does not take away from the fact that there is only six people past 11 o'clock that can sleep there. Mr. Tajan: To your question Mr. Wall, it appears that there is a. Mr. Wall: There is a divider. Mr. Tajan: There is a divider, yes. Mr. Wall: They are small, but they are being expanded. Ms. Champion: Well, I do not know that the front ones are, but you do not have any pictures of the back and that is the area that you share with your neighbor. Mr. Wall: Okay, so, the back are not shown on. Ms. Champion: Okay, right above the green SUV is my master bedroom and then to direct right is the second bedroom and then next to that would be the neighbor across the halls bedroom. So, we have a shared wall. Ms. Oliver: You have shared balcony. Ms. Champion: You can kind of see there is like a partition there. Ms. Oliver: Okay. Ms. Champion: I have never gone out on it, I do not really know. I mean, I do not go outthat way, it goes overlooks the parking lot, there is not much to see. But that is how it. Yeah, I wish we had pictures of the back it would give you a better idea. Ms. Oliver: You can see it better on the third floor. Ms. Champion: There is the recladding project. Yeah. There is no security there, people come and go all the time. I watched two kids cut through the other day. Well, it was not the other day, it was last few weeks ago, and they went to jump on the fence and they broke it trying to jump to go to Lake Drive. I mean, there is no way to police who comes in and out of that place. It is difficult, but. 18 Ms. Oliver: Okay. Ms. Champion: Thankyou. Ms. Oliver: Thankyou. Mr. Weiner: Does anybody else want to say anything ? Mr. Alcaraz:So, I did receive a lot of emails, I did receive a lot of calls in the past, that being on this board I am kind of an advocate of the 241. Zoning ordinance and then of course we have this process. Having said that and having listened to the opposition, I am going to make a motion that we deny this. Ms. Oliver: Okay, we definitely.Yeah, David. Mr. Weiner: I want to say some personally so. I am going to support it and the reason I am going to support it because we spent two and a half years putting an ordinance together and in that two and a half years putting an ordinance together, nothing was ever said about no condominiums,now we are getting ready to change that. Ms. Wilson: Mr. Weiner. I need a second. Mr. Weiner: Yes. Sure. Ms. Wilson: In order for you to have conversation. Ms. Oliver: Okay. Mr. Horsley:I will second. Ms. Oliver: Thankyou. Ms. Wilson: Thank you, Mr. Horsley. Mr. Weiner: Okay, sorry for that. So, I am going to support it and that is why because we spent two and a half years putting an ordinance together, that did not say anything about not having, they meet all the requirements, maybe a little close but they meet the requirements. Now, we are going to change the ordinance,we are going to look at changing and revising the ordinance, and we need to make that revision. But, I do not think it is fair that we deny it just because of this particular reason. But, anyway, I am going to support it. 19 Ms. Oliver: I have an issue with people Short-Term Renting before they are supposed to Short-Term Rent. I mean, you are conducting business, prior to having. Yes. Mr. Graham: Can I ask a question? Ms. Oliver: Yeah. Mr. Graham: Do they have permission once they make application. Ms. Oliver: No. Mr. Graham: Basically,the applicant,they did not follow the rules. Ms. Oliver: Right. Mr. Graham: Okay. Ms. Oliver: So, they are conducting business. Mr. Graham: So, by passing something in a way, we are almost rewarding bad behavior. Ms. Oliver: Yes, sir. Mr. Graham: Okay. Ms. Oliver: Yeah, Don. Mr. Horsley:I too to remember like Mr. Weiner said you know we wentthrough countless number of meetings putting this ordinance together. And, we ended up putting the Conditional Use Permit process into this, so that we could find if there were problems and notjust doing it by right. So, I think that this is one incident where the Short- Term Rental has the Conditional Use Permit process for the Short- Term Rental has come to life and has made these problems evident, because the neighbors have the right to come and voice their opinion where before about right we would not have had that opportunity.So, I think the ordinance here is really working. So, I am going to support the motion Mr. Alcaraz made. Ms. Oliver: Okay. Anybody else? We have a motion and a second. I will go ahead and call for the vote please. Ms. Coleman: Okay, this motion is to deny the application. If you are in favor of the motion say, yes. And, if you are opposed say, no. Mr. Alcaraz. 20 Mr. Alcaraz:Yes. Ms. Coleman: Mr. Coston. Mr. Coston: No. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley:Yes. Ms. Coleman: Mr. Inman. Mr. Inman: I abstain for the reason I stated earlier that I represent the association that is involved in this application or has. Yeah. Ms. Coleman: Okay. Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: No. Ms. Coleman: Ms. Oliver: Ms. Oliver: Yes. Ms. Coleman: By recorded vote of seven,for and two againstthe Agenda Items ten is hereby been recommended for denial by the Planning Commission. Mr. Tajan: Six, for. I am sorry. Let me correct for the record. I apologize it is six, for and two against one abstention. Ms. Coleman: Oh, that is right. Thank you. It is seven, for and one abstention. So, it is seven, for and two against with one abstention and one absent. So, it is record seven to two. 21 AYE 7 NAY 2 ABS O ABSENT 1 Alcaraz AYE Barnes ABSENT Coston NAY Graham AYE Horsley AYE Inman ABSTAIN Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner NAY CONDITIONS 1 . The following conditions shall only apply to the dwelling unit addressed as 323 Norfolk 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. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two 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 Permitfora ShortTerm Rental where the ShortTerm Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on 22 the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each ShortTerm Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 . All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as ShortTerm 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 ShortTerm Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000)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. 23 17. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible understate law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 24 June 22, 2020 To Whom it May Concern, I, Michelle Walters, have been a unit owner at Lake Station Condominiums for 25 years. I currently serve as Secretary on the Board of Directors. I am writing you to request you to deny the request made for a short term rental Conditional Use Permit (CUP), by Teri Champion, for unit 323 in Lake Station Condominiums, located on Norfolk Avenue, Virginia Beach, VA 23451. It should be noted that when Teri Champion presented the application to me to sign, I refused to sign it because our community does not meet all the guidelines of the short-term rental city ordinance. I oppose this request for the following reasons: 1. Parking-All units in Lake Station, including unit 323, have two bedrooms and one assigned parking spot per unit. There is not enough available parking for as per the zoning ordinance section 241.2(1) 2. The proposed leasing of space in the city parking garage by the investor in unit 323 circumvents the adopted short-term rental ordinance section 241.2(1), does not address the parking situation introduced by short-term rentals within our community, and requires implementation of active parking management by the residents. Although the investor may have a space in the public 9`h street garage, there is nothing to prevent the short-term renters from not parking in the garage and consuming the limited guest parking spaces within our community. Prevention of this would require an active parking management system to manage and enforce who can park where and when. Our community does not have the personnel or the financial resources to support active management of our parking spaces. Approval by the city of the parking exemption burdens the residents with financially supporting the investor's short-term rental business. 3. Previous short-term rentals in Unit 323: a) Was rented on less than a weekly basis. Rentals of 1-3 days were common. It was operated as a hotel suite/room. b) Was rented to groups of greater than 6 people c) Was not in compliance with HOA/Condominium Association rules which requires notification to our management company of tenants occupying the unit. Since our community was intended for residents only, our management company is not equipped to track constant check-ins and check-outs by short-term renters. Any owner that has had short-term rental,to my knowledge, has not complied with this requirement thus far. 4. Security: a. We have a keyed common area door for 6 units per building. This door is our front door to our building. There is no control over who gets the key(s) and when the key is returned. b. With short term rentals, the residents never have an opportunity to know who is really in the unit, to build a relationship and to prevent random theft of items left on the decks. 5. Privacy- Doorbell cameras with microphones, motion detection and recording capabilities have been installed for unit 323. While this provides more unit access control for the investor, it comes at the expense of the residents in the common area. Requests to remove the cameras have generally been ignored.There is no way to tell when other owners/residents are being recorded and if the recording is in violation of state laws. 6. Noise: a. People rent the unit are on vacation to indulge in lots of fun. Residents have endured family gathering parties, bachelorette parties, and people staggering back from the Oceanfront area late at night. Renters celebrating and/or returning late at night from the bars regularly makes sleeping impossible. Unlike those on vacation, the residents must get up early and work in the morning. Residents pay taxes all year round. b. To minimize cleaning time required between short-term renters, the investor in unit 323 has removed all carpeting and carpet padding and installed 100% hardwood floors which unit amplifies noise from traffic(including pets and kids). 7. As a board member, I have been called several times with complaints from residents about renters parking in other unit owner's spaces, renters being rude to residents, as well as renters urinating in the bushes. I have also received complaints about the doorbell camera recording a resident's family member in the common area.. 8. Utilities increase: Lake Station has a common water supply lines for all units and water bills are divided equally between all units. Short term rentals have increased the water bill of the community. Investors with high occupancy (number of people) unfairly benefit financially while financially burdening the residents, who essentially are supporting their short-term rentals. 9. This has been my home for 25 years. I want this to continue to be my home and I want my community back. 10. We, at Lake Station Condominiums, care about our home and our buildings. Short term renters do not care and abuse the community. 11. Short term rentals in my community significantly adversely affects the use and enjoyment of my home. I urge you to not recommend approval for this request for a conditional use permit for short term rental. Thank you so much for your attention to this matter, Michelle Walters 359 Norfolk Avenue Virginia Beach, VA 23451 757-403-0455 shellectric359@gmail.com Homeowner for 25 years at Lake Station Condominiums Currently serve as Secretary on the Lake Station Board of Directors Marchelle L. Coleman From: CAROLE GRAHAM <csgrahaml@comcast.net> Sent: Tuesday, June 23, 2020 12:13 PM To: Summer J. Peebles; Guy K. Tower; galcarazvbpo@icloud.com Subject: Letter of Opposition CAUTION'This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. June 23, 2020 To Whom It May Concern: I am a current owner at the Lake Station condominiums located on Norfolk Ave in Virginia Beach. My address is 355 Norfolk Ave, Virginia Beach, VA 23451. My reason for this email it to oppose the request of a recent purchaser at 323 Norfolk Avenue who has applied for a short term rental Conditional Use Permit (CUP). My reasons are as follows: 1.This condominiums are under construction to improve the quality of living. Running Lake Station like a hotel will impact the overall efforts to beautify the buildings and property. 2. Residents are only allotted one parking space. Inevitably, this will become a challenge if weekly rentals are allowed. 3.Those that are not residents tend to make more noise, create more trash, and often are disruptive due to alcohol consumption. 4. With the risky behavior already occurring in this area, we do not need to see more. Again, I absolutely oppose this request of the owner of 355 Norfolk Avenue. Lake Station should remain as is, the community will benefit. Thank you for your consideration in this matter. Carole Graham csgrahaml@comcast.net 1 Marchelle L. Coleman From: renee ambito cury <wahoowa9l @yahoo.com> Sent: Monday,June 22, 2020 6:13 PM To: Summer J. Peebles Cc: alcarazvbpc@icloud.com Subject: Opposition to CUP for Unit 323 Lake Station Condominiums CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ms. Pebbles, I am a unit owner at Lake Station Condominiums on Norfolk Avenue which is located at the oceanfront. I have owned my unit for 21 years and it is my second residence. I am writing to voice my opposition for the conditional use permit that has been applied for by the investor of Unit 323. From my own personal experience, I believe that short term rentals would be a detriment to our condominium community. Currently, the unit above me is being rented out and I hear constant foot traffic and conversation from upstairs which is problematic late at night especially on the weekends after the bars close and the renter returns home. Additionally, my elderly parents stay at my unit for several months at a time. After my father had open heart surgery last fall and was suppose to be getting rest, their biggest complaint was about the noise coming from upstairs and on one particular night there was a late night/early morning gathering until 3:00 a.m. From my understanding, the investor of Unit 323 has proposed renting her second parking space from the 9th Street parking garage. This is an unrealistic and unacceptable solution because the owner and the condo association are unable to enforce whether or not the renters are actually parking in the garage. In the summer, parking is a huge issue in our lot because of the proximity to the beach. Another issue that we have in our parking lot is guests parking in other owners' designated spots and a complete disregard for the unit owner's parking instructions which I can see becoming a problem when the investor has more people in the unit than what is allowed by the rental guidelines. Based on the many years I have lived at Lake Station, I find it difficult to believe that the new investor will enforce or follow-up to see if any short term renters are actually parking in the 9th Street parking garage. In the past, Unit 323 has had a number of complaints related to short term rentals specifically groups of over 6 people renting the 2 bedroom unit, late night noise, disregard for trash ending up in other owners' balconies, violation of HOA regulations in regards to notifying the management company of renters, a member from a bachelorette party staying in Unit 323 urinating in the bushes outside of the building, etc. Simply put, short term renters do not feel the same responsibility to take care of the property and follow condominium association rules like actual unit owners. Safety and security is another reason I am concerned about short term rentals. When I bought my unit 21 years ago, a major selling point was that the building had an added layer of security in that you needed a key to get into the front of the building before you could get to your unit. With short term renters, we have no guarantee that they are not going to make a copy of the key for the main entrance or return the key to the owner. The key that we use to enter our building is also the same key that is used for the main door to the other buildings in the condominium complex giving short term renters access to the other buildings. Furthermore, the investor of Unit 323 has installed a video doorbell to monitor these short term renters which is a privacy issue for the rest of the people in that building despite being asked to remove it. The unit below me is rented out as a short term rental and I am concerned about random strangers coming in and out of our building. Lastly, COVID-19 is a health and safety issue that is a concern with short term rentals. As the COVID-19 numbers begin to increase again, it is alarming to think about the multiple short term rentals with countless strangers throughout the summer and fall staying in our community since these renters are traveling from within Virginia and out-of- state possibly infecting those of us who live here year round. A final point I would like to add is that our dumpster fees, cleaning service and water utilities are paid by the HOA meaning the unit owners. Short term renters cause a strain on our water utilities because they are taking showers after a day at 1 the beach and running the washing machine for their beach towels and swimwear. The high volume traffic caused by short term rentals means more people tracking in sand and dirt into the common areas than normal creating more work for our cleaning person who is paid through HOA funds. The same applies with trash—more people means more trash going into our dumpster resulting in more frequent calls to have the dumpster emptied creating extra fees for the HOA. The HOA should not be responsible for subsidizing short term rental cleaning services, and water and dumpster use. As a long time Lake Station owner, I would like for our community to remain a safe, secure and well-maintained haven for those of us who live here and pay taxes to the city year round. I do not support short term rentals because they take away from the quality of life that our community has had up until outside investors decided to buy Lake Station units and turn them into hotel rooms. The oceanfront has hundreds of hotel rooms from 151 to 41st street where these short term renters can spend their money and support the Virginia Beach economy in that manner. Please consider denying the conditional use permit that the investor for Unit 323 has applied for to preserve the quality of life at Lake Station Condominiums. Please feel free to contact me at 757-574-7125 or at wahoowa91(a yahoo.com if you have questions. Thank you in advance for your consideration. Renee Cury Lake Station Condominiums 353 Norfolk Avenue Virginia Beach, VA 23451 2 Marchelle L. Coleman From: Cathryn Evanek <evanek1 @comcast.net> Sent: Monday,June 22, 2020 2:54 PM To: Summer J. Peebles Cc: galcarazvbpc@icloud.com Subject: SUP Lake Station unit 323 CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Pebbles, I am contacting you to request that the special use permit requested by unit 323 Lake Station be denied. My reasons are as follows: PARKING The requirement for 2 parking spaces per unit should be reason enough for the denial. We do not have the required two spaces per unit, and obtaining a lease at a local garage does nothing to keep short term guests from using the lot. Parking is already an issue at our community with its proximity to the beach and difficulty to keep non guests out. Short term guests would further limit parking for permanent residents. NO CONTROL OVER OCCUPANCY AND LENGTH OF STAYS With no onsite property managers to monitor guest checking in and out there is NO WAY of knowing how many people are occupying a unit or if stays are less than allowed by Virginia Beach regulations. Expecting permanent residents to police such things and take action is unreasonable and perhaps unsafe in today's world. SECURITY With key entry there is no way to be certain that guests do not retain a copy of keys and therefore have the ability to enter at will after their legitimate stay. COSTS With shared community costs of water and sewage, permanent residents who are not benefiting from income from renting are burdened by increased costs from additional usage. QUALITY OF LIFE ISSUES The behavior of short term guests is vastly different from permanent residents and owners. Vacationers often have little regard of care of the property and the need for residents who are working and must keep normal waking and sleeping hours. My husband and I have owned a unit in Lake Station for almost 14 years. Its value to us cannot be measured in dollars and cents. As tax paying owners we deserve to have this value preserved. If the regulations on short term rentals was meant to preserve the quality of life for Virginia Beach residents then this Special Use Permits and all future requests should be denied. Sincerely, Cathryn Evanek 351 Norfolk Ave 412-389-3233 1 Marchelle L. Coleman From: John Krafinski <jkrafinski@gmail.com> Sent: Monday, June 22, 2020 1:40 PM To: Summer J. Peebles Cc: galcarazvbpc@icloud.com; Planning Zoning Subject: Opposition to Conditional Use Permit for 323 Norfolk Ave CAUTION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Ms. Peebles, My name is John Krafinski, and I am the owner of 339 Norfolk Ave, within Lake Station Condominiums. I'm emailing you today to address concerns regarding the Short-Term Rental Conditional Use Permit for 323 Norfolk Avenue. This CUP is on the Planning Commission Agenda in a public hearing to be held on Wednesday, July 8, 2020, at 12:00 pm. Short term rentals are the scourge of our community. Lake Station is a small group of condos, located very close to the resort area in Virginia Beach. We are not equipped nor are we staffed as a hotel, therefore our community is not prepared to deal with typical issues that hotels in the area deal with, such as noise and parking issues. Certain owners do not care about the rules of our HOA and the legislation set forth by our great city which are supposed to govern short term rentals. The owner of 323 Norfolk Ave, to her credit is trying to do this legally (unlike a few others), which I respect. I cannot in any way support the CUP as, should it be approved by the city, will bring financial and quality of life problems down on the common residents of the HOA. I have owned my condo since September of 2016 and in that time I have known two different communities. For 3/4 of the year our community is relatively calm. During the peak tourist season, however, our community is awful to live in due to the short term rentals in our midst. I have gotten into arguments with our HOA, which has been unbelievably bogged down with the constant challenge these short term guests pose. They are both unaware of our HOA rules and in any case often don't care to follow them. I have gotten into altercations with both short term renters and the unit owners alike. Hotels are staffed, most often 24/7 with security and administrative staff. We don't have anything resembling that to enforce our rules. I live next to another (likely illegally operated) short term rental and the unit above mine used to be operated on a short term basis as well. I have witnessed my "short term neighbors" break virtually all HOA rules and common, neighborly etiquette. I am in the military, and as a result I often work late into the night or depart my domicile for duty in the early hours of the morning. This is very difficult when 5-10 people are living their best life having a blast on their vacation in the unit above or adjacent to mine. I DO NOT blame the tourists. As members of the HOA the owners choose to profit financially from our location, all the while having zero regard for our rules. Owners of short term rentals often ignore residents' phone calls and emails. Our next best option is to contact the police, whom we can all agree have better things to be doing, or the HOA board members, who are normal residents in the community themselves. We as an HOA have a requirement for unit owners to divulge the names and rental agreements of any tenants in the community. We don't have a hotel front desk to process inbound and outbound people. Short term renters get a copy of our building keys, and for short term rentals these same keys get handed out OVER and OVER to strangers throughout the tourist season, and I believe this to be extremely detrimental to the security of our community. We have VERY limited parking on our lot, with only one space designated per unit. This is one of the main issues we deal with in regards to short term rentals as there is no one on staff to enforce our parking rules. The owner of Unit 323 plans to lease a spot in the nearby 9th street parking garage to meet the city's parking requirements for short term rentals, though the short term renters are likely to just park in our VERY limited amount of guest spot, like they always do, as the parking garage is hundreds of yards offsite. We already have a huge influx of people into our community every summer due to family and friends coming to visit the residents. The short term rentals compound the space and policy issues we already have, and should the city approve the CUP the burden is going to fall where it always does, not on the renters or the owners of the short term rentals, but on the residents which are at their domiciles, living and working in Virginia Beach every day. Lake Station is one of the most beautiful and affordable communities near the beach. The people that live here, save for a small group of owners who own condos as their own vacation homes, are working class, decent, productive people. We should not have to live in a place which is being rented out as a hotel. When people visit the oceanfront, they should stay in a place which is purpose built for short term rentals, LIKE A HOTEL. There are a dozen hotels within a mile of our community. This past week Senator Tim Kaine had a virtual meeting with hotel and business owners from Virginia Beach. The news report I read stated that as much as 90% of all hotel reservations in the resort area for this year have been cancelled. For this reason alone it would be irresponsible to allow this CUP as it takes another dollar out of the pockets of our local hotel industry, which at this time desperately needs the business to begin with. Lastly, things have been very quiet at the condos, specifically in regards to the COVID-19 outbreak. If this CUP gets approved, it will embolden all short term rental owners, and inevitably bring people from far and wide, depriving us the ability to effectively quarantine ourselves from people outside the community, one which has been lucky enough not to have a serious outbreak yet. We no longer have the option to avoid the virus if owners, not concerned with the needs or wants of the residents of the community, rent our home out to people who may very well be bringing the virus from a highly contaminated area. We, as the residents, also have no visibility or control over this factor. The short term rental owners are only concerned with their own investment, and not the health and welfare of the community residents. I wouldn't blame the tourists for trying to get away during the pandemic, though I believe they should do so in a place which has the appropriate insurance, management, and expertise, LIKE A HOTEL. If a tourist wants to visit, they obviously do so at their own risk, though it certainly shouldn't be at our risk as well, especially considering the fact that we, the residents, are entirely unwitting and largely opposed to their presence in our community. We as a community need the help of the local government to deny this CUP and give us our community back, and to protect us from that which may end up costing us dearly. I implore all those involved to please consider these points when discussing and voting on this issue. Thank you for your time and consideration. Regards, John Krafinski 516 949 9610 jkrafinski(a�gmail.com 2 Summer J. Peebles From: Chuck Hoffman <esdftc@yahoo.com> Sent: Saturday, June 27, 2020 8:21 AM To: galcarazvbpc@icloud.com; Summer J. Peebles; Michelle Walters Subject: Lake Station Condos 335 Norfolk ave CAUTION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. As an Owner at 335 Norfolk Ave ,This is to inform you I am opposed to any short term rentals in Lake Station Condos.Please recommend denial and vote against approval of short term rental CUP application for 323 Norfolk Ave Thanking you Charles Hoffman Eastern Shore Development 1 Marchelle L. Coleman From: Brittany Pierce <brp6qs@virginia.edu> Sent: Monday, June 22, 2020 4:00 PM To: Summer J. Peebles Cc: galcarazvbpc@icloud.com Subject: Opposing Approval of the Conditional Use Permit CAUTION;This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, My name is Brittany Pierce. I am the owner of one of the condominiums in Lake Station. I am writing to oppose the approval of the conditional use permit for 323 Norfolk Avenue. All units in Lake Station, including 323, have two bedrooms and one assigned parking spot. Per the zoning ordinance section 241.2 (1), renters must be provided with two on-site parking spaces. The proposed leasing of space in the city parking garage by the investor in unit 323 circumvents the adopted short term rental ordinance section 241.2(1). Additionally, it does not address the parking situation introduced by short term rentals within our community and requires implementation of active parking management by the residents. Although the investor may have a space in the public 9th street garage, there is nothing currently in place to prevent the short-term renters from consuming the limited guests parking spaces within our community as opposed to parking in the garage. Prevention of this would require an active parking management system to manage and enforce who can park where and when. Our community does not have the personnel or the financial resources to support active management of our parking spaces. Approval by the city of the parking exemption burdens the residents with financially supporting the investor's short-term rental business. Another issue is related to security. We have a keyed common area door for 6 units per building. This door is the front door to our building. With short term rentals, there is no control over who gets the key(s) and when the key is returned. Furthermore, the residents will not know who is actually in the building, or have an opportunity to build relationships and prevent random theft of items left on the decks. Additionally, noise is an issue. People rent the unit to vacation and have fun. We have endured family gatherings, parties, bachelorette parties, and people staggering back from the Oceanfront area late at night. This results in interrupted sleep and constant noise violations. Furthermore, Lake Station has a common water supply lines for all units and water bills are divided equally between all units. Investors with high occupancy (number of people) unfairly financially benefit from residents effectively subsidizing their short-term rentals. I purchased this condo in 2016 and I want my home and community back. We care about our home and our buildings. Hotel guests do not. Short term rentals in my community fundamentally impacts the use and enjoyment of my home. Regards. Brittany Pierce 329 Norfolk Avenue 1 Marchelle L. Coleman From: Patsy Jones-Hubert <patsyjoneshubert@gmail.com> Sent: Tuesday,June 23, 2020 3:58 PM To: GALCARAZVBPC@icloud.com; Summer J. Peebles Subject: LAKE STATION CONDOMINIUMS CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. In Nov., 2013, we purchased the property at 325 Norfolk Ave., Virginia Beach, VA 23451, Lake Station Condominiums. This was to be our place to relax and enjoy a new community. We are aware that the Investor of Unit 323 is proposing a change in the zoning code so that they may legally rent on a commercial short term basis. Here are our concerns: Water & Sewage — Our HOA fee covers water and sewage which is nice, except when there are a number of individuals and their visitors in one unit using these utilities. That's one of the reasons our HOA fee will go up. It's not fair for those who are keeping within the number living in one unit to pay for the additional use of water and sewage. Privacy — We know many of the individuals who use and/or stay at their condos. When you don't know who's staying, we feel a sense of insecurity about our property and safety. Noise & Safety — Even though there might be 4-6 occupants in one unit, as in the past, short term renters seem to have friends in nearby hotels who join them for a party. At times we have seen a dozen of people on one deck that's made for no more than four. Large amounts of trash collect on the parking lot and the common areas. Parking —At Lake Station, each condo is assigned a numbered space and two guest passes for unnumbered spaces, which are limited. If the City of Virginia Beach allows the investor of 323 to have a space in the garage at 9th and Pacific or any where else, short term renters could have up to four cars which means too many people in this unit. 1 These issues are dear to us. We purchased our condo with the idea that we would be in a residential community. Let us know if you need any more information. Thank you for your time and consideration. Lee and Patsy Jones-Hubert 2 Marchelle L. Coleman From: tgreen@heritagenaturalmarket.com Sent: Monday, June 22, 2020 7:14 PM To: Summer J. Peebles; galcarazvbpc@icloud.com Cc: benham8@comcast.net Subject: Short term rental (CUP) at Lake Station Condominium CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Pebbles, I have owned and lived at Lake Station since 2001. For many years it was a nice safe residential area with a true community spirit. Neighbors knew each other and although not all owners live here year round as I do, we often got together when they were in town. I strongly oppose the approval of the Conditional Use Permit for 323 Norfolk Ave. Short term rentals will dramatically change the very nature of our neighborhood. Over the last few years, I have seen our condos turn into a cheap motel. We have limited parking spaces. Each two bedroom unit has only one assigned parking spot. There is not enough available parking for guests as per the zoning ordinance section 241.2(1). I have seen short term renters park anywhere that is convenient for them. I have had "guests" park in my assigned spot. When I returned home from work on a Friday evening, I had nowhere to park. When I tracked them down and asked them to move, they became rude and hostile. After dark, I have seen party revelers urinate on our common grounds, because they had accidently locked themselves out of their rental unit, and had to wait for the key holder to arrive. We have a keyed, common entrance way for 6 units per building. Many strangers, sometimes 8 or more staying in a unit, have access to my hallway, making me uncomfortable in my own home. A door bell camera with microphone, motion detection and video and audio recording capabilities, is an invasion of my privacy. My every move is under surveillance. The condos are not very well insulated and the noise of vacationers celebrating or returning late at night, makes sleeping impossible. Lake Station has become very noisy and busy, especially on weekends. All the extra trash disposal and water usage increases our bills, which are equally divided between all units. Investors, with high occupancy, unfairly financially benefit from resident owners, who effectively are subsidizing their short term rentals. Investors are making a huge profit at the expense of owners. We are being seriously inconvenienced by all the additional noise, traffic and lack of concern for our homes. I want my community back. I hope you decide that having a nice, safe community, so close to the Oceanfront, is what Lake Station Condominium should be. Thank you for your consideration. Sincerely Tatjana Green 321 Norfolk Ave Virginia Beach, VA 23451 1 Benham Malcom 319 Norfolk Ave Benham8@comcast.net 301-922-8383 George Alcaraz, Planning Commission Beach District 757-620-8040 galcarazvbpc@icloud.com Summer Pebbles, Zoning Inspector I 757-385-5088 sjpeeble@vbgov.com RE: Conditional Use Permit Application for 323 Norfolk Ave Summer and George, My name is Benham Malcom. My family has owned 319 Norfolk Ave, which is directly below unit 323, for 22 years. SUMMARY 323 Norfolk Ave, Short-term Rental CUP Application • Precedent setting 1st CUP application in Lake Station Community • Parking mitigation proposed o Creates parking management issues in community guest parking o Increases risk of unit overcrowding • 5 complaints against Unit 323 in 2019-2020 — Overcrowding, Noise, Renter behaviors. Investor cannot control short-term renters. Residents always impacted. (Monitor confrontations, report, and cleanup). • CUP Application NOT endorsed by the HOA or the community • 45-55% of community requesting denial of CUP application • Many rentals violate HOA Occupancy and tenant registration rules — HOA rules effectively un-enforceable. Need city zoning enforcement. • Security — Shared front doors; limited key control; No idea who's next door • Privacy — Doorbell cameras with AV recording (State law violation?) • Shared Utilities — Residents pay for overconsumption by short-term rentals Community is not /does not want to be a Motel ! VOTE TO DENY 323 Norfolk Ave CUP Application! SUMMARY The Lake Station community is a garden apartment style 30 unit condominium which is broken up into five sections each consisting of six units with a shared entrance/common area. All units have the same general layout with two bedrooms and two baths. Most residential units are occupied by one person or used as second homes.The physical design of our buildings, our parking lot, our home owner association rules/procedures, our shared water utilities and our contract with our management company are all designed for a residential environment. We do not have a front desk, parking lot attendant, security guard, and maintenance team to address the needs of a short-term environment. We're not a hotel and we don't want to be a hotel. The formal registration of 323 Norfolk Ave with submission of a CUP application is a precedent-setting zoning exception for our Lake Station community. In addition to unit 323 there are currently 5-7 more units within our community that are doing unapproved, illegal short-term rentals. Unit 323 has been doing short-term rentals for the last two years and has been actively renting, prior to city approval, during 2020. Thus, our Lake Station community already has experience with short-term renters and the impacts to our community. ry 1ictIII -411 Figure 1—Three Short-Term Rental boxes on Lake Station Fence(6/22/2020) • • . s i OOP, ' I 1 � 4 5 4:— b ' b9 * ~'41,7, V r. Figure 2-Unit 323 Lockbox on Lake Station Fence(6/22/2020) Unit 323 Norfolk Ave is owned by "At Sea Cabin LLC" which is owned by Teri Champion of 1280 Laskin Rd, Virginia Beach. She is a local real estate agent and clearly is aware of short-term rental ordinance for Virginia Beach. She is a short-term rental investor and is NOT resident of the community. The parking mitigation suggested by the unit 323 investor, does nothing to address parking issues within Lake Station and may actually support overcrowding of the unit for rentals. The Lake Station HOA does not have the resources to support active management of guest parking spaces. The rules established by the investor and by the conditional use permit govern much of the behaviors that the renters SHOULD follow. However, the reality is there is no control over the behavior of short- term renters until after they have committed a violation. My neighbors and I are directly impacted by each violation. We are the monitors and the reporters and we have to act to remedy the active situation. My past experiences have typically taken 1 -2 hours to get resolved. The investor can apologize profusely for their renter's behavior but that does nothing to prevent the situation from occurring again and again with future renters. It is clear a 45-55%of the Lake Station community doesn't want short-term rentals in our community. As the number of short-term rentals has increased, our sense of community and "home" has decreased. Our lives are interrupted by issues generated by investors who are profiting at the expense of our right to peaceful, quiet, enjoyment of our residences. Lake Station fully supports the City's goal to put "heads in beds" to fill hotel rooms along the Oceanfront. Please help us direct more heads to HOTEL beds. We are asking the Planning staff, Planning Commission and City Council to support our community request to deny the CUP application for 323 Norfolk Avenue and to deny future short-term rentals within the Lake Station community. Details The community and I are asking for denial of the CUP application based on the following: Lake Station Community Support & Misrepresentation in CUP Application As of June 24th, 45-55%of the residents in Lake Station have expressed their opposition to approval of the CUP for 323 Norfolk Ave and at least 13 have already provided written CUP opposition emails to the planning commission. Please read all the inputs from my neighbors. The investor's application includes a signature line indicating approval of someone associated with the Lake Station HOA. The Lakes Station HOA executive board did not meet, there was no community meeting, and there was NO COMMUNITY ENDORSEMENT at any level of the CUP application. The signature was an HOA board member acting alone. Parking All units in Lake Station, including unit 323, have two bedrooms, one assigned parking space, and shared guest parking which is available on a first-come basis. There are not two parking spaces available for short-term renters as per the zoning ordinance section 241.2(1) The CUP application asks for an exemption on short-term rental ordinance section 241.2(1) and proposes a mitigation of leasing of space in the city parking garage by the investor. The mitigation would appear to address the parking requirement of the ordinance. Unfortunately, it does not address the parking situation introduced by short-term rentals within our community. Although the investor may have space in the public 9th Street garage,there is nothing to prevent the short-term renters from bypassing the garage parking and consuming the limited guest parking spaces within our community. Prevention of this would require an active parking management system (who's parking where,when, how long, when to tow...)to manage and enforce who can park where and when in the presently unmonitored guest parking. Our community does not have the personnel or the financial resources to support active management of our parking spaces. Approval of the 9th Street garage parking also guarantees the investor that their short-term renters will readily have access to Oceanfront parking in the 9th Street garage,the unit reserved spot in Lake Station and access to the guest parking spots within Lake Station. More available parking increases the likelihood of overcrowding within the rental unit and benefits the investor who then would have 2 %2 guaranteed Oceanfront parking spots (1 reserved in Lake Station, one reserved in the city garage, and an opportunity for community shared guest spots). This is more parking than is available to the full-time residents of Lake Station. Previous complaints against 323 Norfolk Ave. I am aware of 5 complaints against unit 323 since January 2019. Typically my neighbors and I have always attempted to work with the renters to resolve the situations. That's what neighbors do. In retrospect, our mistake as residents was failing to grasp that we're not dealing with our neighbors but rather with investors whose only motivation is to make money. Several of these situations have turned tense and confrontational with the renters subsequently becoming more difficult and belligerent because their party was interrupted. Unfortunately, it's not just an issue with amplified music for which the police can be called. Pounding footsteps, pets and children running, loud talking and laughing are audible due to the all wood construction of Lake Station and hardwood floors in 323 Norfolk Ave.All I really want is peace and quiet so I can go back to bed and sleep. Unlike the short-term renters, I have a job to get up for in the morning. Sadly,the process starts over with every new rental made by the investor. Some of my previous experiences with short-term rentals in Unit 323 a. The unit was rented on less than a weekly basis. Rentals of 1-3 days were common. It was operated as a hotel suite/room. b. Unit 323 was regularly rented to groups of greater than 6 people. The attached picture shows 6 people (7 if the infant is counted). I was unable to grab my camera fast enough to capture the 4 men who were leading the way and are not visible in the picture.That's 11 people in two bedroom unit 323 c. -- - „0„.. ..._!, ,,,,, . , ,..._,_ _ .. • _ v`-k me. ' --- .--,- - ' - -, .. ..... 1:64. s ter• , <. _ ` , ♦ .} -4 . 4 ' a* di III ) 11 a ti '^ :.---- Ill ' ' _ ' I 1'' - a V. tit i` t •.., • - 'l`.. y_ T;' t-{ Figure 3-II People in 2 bedrooms Unit 323 d. Another memorable group was the 7 woman "Church Ladies" who arrived in an extra- large 12 person passenger van. When contacted the investor told me she was ok with renting to more people because "they seemed like nice people". My assigned parking spot is adjacent to unit 323's parking spot. That weekend, I couldn't open my passenger door while fully parked inside the lines of my parking spot. Noise a. People rent the unit to be on vacation and have lots of fun. We've endured family gathering parties, bachelorette parties, and people staggering back from the Oceanfront area late at night. Renters celebrating and/or returning late at night from the bars regularly make sleeping impossible.They're on vacation! b. To minimize cleaning time required between short-term renters,the investor in unit 323 removed all carpeting and carpet padding and installed 100% hardwood floors.This amplifies noise from foot traffic(including pets and kids). I've been on work phone calls and had co-workers ask me"what's that tapping noise in the background?"The unit 323 investor promised multiple times that they would be installing padding and carpet"Next week" multiple times. "Next week" never arrived and the unit is still uncarpeted. I have an audio recording available, but it's hard to judge just how loud the sound really is from the recording. Please let me know if you would like the recording. Compliance with HOA Rules Many rentals in unit 323 do not comply with occupancy rules established within the community which reads—"Units may be occupied only by a single family....or a group of not more than four persons not related....". Unit 323 also is not in compliance with Lake Station HOA rule which requires notification to our management company of tenants occupying the unit. This requirement has not been met by the investor. Since our community was intended for longer term residents our management company is not equipped to track constant check-ins and check-outs by short-term renters. Unfortunately,the HOA has limited ability to enforce the rules without filing civil lawsuits. Security We have a single keyed common area door for 6 units per building. This door is our main entrance to the building. There is no control over who gets the physical key(s) and when the key is returned. Our buildings do not have wiring for electronic access controls and we don't have funding for security systems to manage access permissions. With short-term rentals,the residents never have an opportunity to know who's really in the unit, build a relationship or prevent random theft by of items left on the decks. Privacy Doorbell cameras with microphones, motion detection, and recording capabilities have been installed for unit 323. While this provides more unit access control for the investor, it comes at the expense of privacy in the common area. Requests to remove the cameras have been ignored. There's no way to tell when we're being recorded and if the audio recording is in violation of Virginia state law. 1 • • 323 i 11 Figure 4-Common area—Unit 323 Camera,Monitor,AV recording door bell 1 t 3 4 5 6 7 8 9 p Figure 5-Common area [snit 323 access Litter Beer cans and litter on the grounds, usually near short-term rental units, occurs on a regular basis. The litter usually sits there until cleaned up by a resident or by our somewhat weekly lawn contractor. Lake Station is not staffed or funded to perform daily cleanups. Sweeping up my deck and wiping down furniture to remove cigarette ashes now is regular part of my day. I had a beach towel permanently stained last year from what appeared to be tobacco spit from above. I'm confident these wouldn't be issues with a resident in unit 323 because we would have a relationship. The summer 2019 Bachelorette party left metallic silver confetti on my deck, the patio below and in the grass for months. r , _ ., . , , ,.,..k 2 15: — . i , _,, --,1 rft'1 I 1 II lei , i i. • ,_, , ,.... . , ,_, _ _ . ______ , ,,, _ ,,..,,,, _________._______ ,, ,k er 2019 Bachelorette party►eft metall This week (6/22/2020) another strange finding was pots and pans under the hedge near the common area door for unit 323. It is must easier to toss pots and pans outside than it is to just wash them. Note:The source is not yet known. i' , `i; . , ► 1 :' : . :• `` ♦ - • VP '' ; ; ‘ii\c' '. ''. *, . :rili"41Z-'1,4.41/444rc" - ...** y �Ie I. a. \- ~tile ,, ` e! t.. ` .{ ..fit' - . 9 , , , , 1'-kel,„. . 14;4., 41- .� -- <: ior ,. '`e , t +A- , x` ,i F .,V �'1.tea y, - -. Figure 7-Pot and Pans under hedge near Unit 323 on 06/23/2020 Utilities subsidy Lake Station has a common water supply line for all units and water bills are divided equally between all units. There is typically one Lake Station resident per unit. Investors with high occupancy (number of people)taking two showers per day unfairly financially benefit from residents effectively subsidizing their short-term rentals. Again, please DENY the CUP application for 323 Norfolk Avenue Regards, Benham Malcom 319 Norfolk Ave 301-922-8383 Kevin L. Hershberger From: TWB <TWBelvin@verizon.net> Sent: Monday, June 22, 2020 11:52 AM To: Summer J. Peebles Cc: William R. Landfair; galcarazvbpc@icloud.com; Colleen Belvin Subject: Conditional Use Permit (Short-Term Rental) 323 Norfolk Avenue - 7/8/2020 Meeting - Item #10 Attachments: camera doorbell 323.JPG Importance: High CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Summer Pebbles(sjpeeble@vbgov.com) [757-385-5088] CC: Bill Landfair (wlandfair@vbgov.com) [2875 Sabre Street, Suite 500, Virginia Beach, VA 23452] CC: George Alcaraz (galcarazvbpc@icloud.com) [757-620-8040] Ms. Pebbles; I am contacting you to express my opposition to the current request by the owner/ investor of 323 Norfolk Avenue; Virginia Beach, VA 23451 for approval of a conditional use permit for short term rental. This property is in the Lake Station Condominium complex. I am a neighbor and owner of 313 Norfolk Avenue which is in the same building and shares the same security entrance/door to the six condominiums in this building. Parking: All of the Condominiums in Lake Station, including unit 323, have two bedrooms and one assigned parking spot. There is not enough available parking for a short-term rental as per the zoning ordinance section 241.2(1). The proposed leasing of space in the city parking garage by the investor of Unit 323 circumvents the short term rental ordinance section 241.2(1), does not address the parking situation introduced by short term rentals within our community, and requires implementation of active parking management by the residents. Although the investor may have a space in the public 9th street garage, there is nothing to prevent the short-term renters from not parking in the garage and consuming the limited guest parking spaces within our community. Prevention of this would require an active parking management system to manage and enforce who can park where and when. Our community does not have the personnel or the financial resources to support active management of our parking spaces. Approval by the city of the parking exemption burdens the residents with financially supporting the investor's short-term rental business. Community: The approval of a conditional use permit for short term rental would significantly change the environment of our community from an owner/ long term rental residential environment to that more like a hotel. Also, HOA rules requires notification to our management company of tenants occupying the unit. Since our community was intended for residents, our management company is not equipped to track constant check-ins and check-outs by short-term renters. There is also no incentive for the short-term renters to be considerate of others regarding noise and trash. Security: We have a keyed common area security door for the six units per building. This door is our front door to our building. The owners' control who gets the key(s) and when the key is returned. With short term rentals, the residents never have an opportunity know who is really in the unit,to build a relationship and to prevent random theft of items left in common areas. Also, a doorbell camera with microphones, motion detection and recoding capabilities have been installed on Unit 323's front door. This appears to be counter to Virginia law. While this provides more unit access control for the investor, it comes at the expense of everyone's privacy in the common area. Requests to remove the cameras have been ignored. There is no way to tell when we are being recorded and if the recording is in violation of state laws. [see attached photo] 1 Subsidization: Lake Station has a common water supply for all units and water bills are divided equally between all units. They are not individually metered. Investors with high occupancy (number of people) unfairly financially benefit from residents effectively subsidizing their short-term rentals. This would also be true with increased upkeep costs related to the common areas. Notice: I have not received any direct notice of the request from the City. Being a neighbor in the same building, this would be expected. The only official notice observed is a sign on the road that was displaced and down for at least a week due to the weather. Also, the owner/ investor of 323 Norfolk Avenue has not reached out to communicate to me or any other owner that I am aware of, related to this request. Likewise, the Board of the Lake Station Condominium Association [HOA], has not voted on this change to the use of our properties nor have they communicated to the owners anything related to this request. I have owned 313 Norfolk Avenue since 2012 and want to maintain the community that has existed since I joined the community. Short term rentals in my community will fundamentally impact the use and enjoyment of my Condominium. I urge you to not recommend for approval this request for a conditional use permit for short term rental. Thank you for your time and consideration. Thomas W. Belvin 313 Norfolk Avenue Virginia Beach, VA 23451 804-921-5949 twbelvin@verizon.net 2 Marchelle L. Coleman From: Virginia Portalatin <v_portalatin@hotmail.com> Sent: Wednesday, June 24, 2020 9:50 PM To: Summer J. Peebles Subject: Deny Conditional Use Permit (CUP) for 323 Norfolk Ave CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening Ms. Peeble, My name is Virginia Portalatin, owner and resident at Lake Station 307 Norfolk Ave Virginia Beach, VA 23451. I am respectfully requesting support for denial of Conditional Use Permit (CUP) for 323 Norfolk Ave Virginia Beach, VA 23451 scheduled July 8th 2020 During the course of the last year I have had issues with noise and parking with short term Air BnB visitors, I have come home on several occasions to find my clearly numbered parking spot taken. Just last week, I came to find someone in my parking spot, asked the person standing by the car to kindly move car, short term renter responded she was unloading her car. Please consider my request, as I have serious concerns for the overall safety and wellbeing of all who reside at Lake Station, this is our home, our sanctuary. I am truly concerned Lake Station will soon take on a Motel atmosphere, that isn't what I had in mind when I purchased April 2019 with the hope of spending time with my three beautiful little granddaughters in a safe environment. 323 Norfolk Ave was sold in January 2020 to "At Sea Cabin LLC"which is owned by Teri Champion of 1280 Laskin Rd, Virginia Beach. Respectfully, Virginia Portalatin 307 Norfolk Ave Virginia Beach, VA 23451 Sent from Moil for Windows 10 Marchelle L. Coleman From: ANITA HYINK <achyink@msn.com> Sent: Tuesday, June 23, 2020 7:53 PM To: Summer J. Peebles Subject: Short-Term Rental CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern. It has come to my attention, as an owner of a Condominium at Lake Station Condos in Virginia Beach, that one of the investors of a Condominium in Lake Station has applied for a Conditional Use Permit (CUP). I have been a condo owner since 2007, it is my vacation home and I find it very disturbing that an investor plans to use his/her unit, 323, for short term rentals, thus operating like a hotel. This is not in the best interest of the community of owners in Lake Station Condominiums and most likely will decrease our home value. Some of our concerns are highlighted below: 1 Parking - All units in Lake Station, including unit 323, have two bedrooms and one assigned parking spot. There is not enough available parking as per the zoning ordinance section 241.2(1). 2 The proposed leasing of space in the city parking garage by the investor in unit 323 circumvents the adopted short term rental ordinance section 241.2(1), does not address the parking situation introduced by short term rentals within our community, and requires implementation of active parking management by the residents. Although the investor may have space in the public 9th street garage, there is nothing to prevent the short-term renters from not parking in the garage and consuming the limited guest parking spaces within our community. Why walk to the garage when there are spots open in the condo parking lot. Parking is always at a premium in condominiums. Prevention of this would require an active parking management system to manage and enforce who can park where and when. Our community does not have the personnel or the financial resources to support active management of our parking spaces. Approval by the city of the parking exemption burdens the residents with financially supporting the investor's short-term rental business. 3. Previous short-term rentals in Unit 323 a. Were rented on less than a weekly basis. Rentals of 1-3 days were common. It was operated as a hotel suite/ room. b. Were rented to groups of greater than 6 people. c. Was not in compliance with HOA rules which requires notification to our management company of tenants occupying the unit. Since our community is for residents our management company is not equipped to track constant check-ins and check-outs by short-term renters. 4. Security— a. We have a keyed common area door for 6 units per building. This door is our front door to our building. There is no control over who gets the key(s) and when the key is returned. b. With short term rentals, the residents never have an opportunity to know who is really in the unit, to build a relationship and to prevent random theft of items left on the decks 1 5. Privacy- Door bell cameras with microphones, motion detection and recoding capabilities have been installed for unit 323. While this provides more unit access control for the investor, it comes at the expense of privacy in the common area. Requests to remove the cameras have generally been ignored.There's no way to tell when we're being recorded and if the recording is in violation of state laws. 6. Noise - a. People rent the unit to be on vacation and have lots of fun. We've endured family gathering parties, bachelorette parties, and people staggering back from the Oceanfront area late at night. Renters celebrating and/or returning late at night from the bars regularly makes sleeping impossible. Unlike those on vacation, many unit owners have to get up and work in the morning,vacationers do not. b. To minimize cleaning time required between short-term renters,the investor in unit 323 has removed all carpeting and carpet padding and installed 100% hardwood floors which amplifies noise from foot traffic(including pets and kids). The homeowner in the unit directly below Unit 323 has been on work phone calls and had co-worker ask him "what's that tapping noise in the background?" 7. Trash from above- For the Unit owner directly below Unit 323 sweeping up his deck and wiping down furniture to remove cigarette ashes now is regular part of his day. He had a beach towel permanently stained last year from what appeared to be tobacco spit from above. This would not be an issue with a resident in Unit 323 because we would have a relationship. The summer 2019 Bachelorette party left metallic silver confetti in the grass for months. 8. Utilities subsidy- Lake Station has a common water supply lines for all units and water bills are divided equally between all units. Investors with high occupancy(number of people) unfairly impact the water bills of the owners. 9.We care about our home and our buildings. Hotel guests don't. 10. Short term rentals in my community fundamentally impacts the use and enjoyment of my home. We request that you consider denying the CUP as it is a detriment to the community of owners at Lake Station Condominiums. Anita Hyink Unit 305 Norfolk Avenue Virginia Beach VA 23451 2 From: Belma Saint Pol Maydieu belmaspm@gmail.com Subject: Fwd:Lake Station Date: June 29,2020 at 9:49 PM To: atseacabinvb@gmail.com Cc: grossi@cox.net Sent from my iPad Begin forwarded message: From: Patricia Grossi <grossi@cox.net> Date: June 29, 2020 at 9:59:18 AM EDT To: belmaspm@gmail.com Subject: Lake Station Date, June 29, 2020 Dear Planning Commissioners We are Patrick and Belma Saint Pol Maydieu. Our email is patrickspm@msn.com. We are in favor of short term rentals at Lake Station Condominiums in Virginia Beach, Va. I am owner at Lake Station of 341 Norfolk Avenue, Virginia Beach, Va. and have been for a number of years. Signed, Patrick Saint Pol Maydieu Belma Saint Pol Maydieu Sign and email to: atseacabinvb@gmail.com From: carlo Gaione carlomgaione@gmail.com Subject: Date: June 28,2020 at 12:22 PM To: atseacabinvb@gmail.com Dear Planning Commissioner I own at Lake Station Condominium, unit no. 303 and I vote in favor of short term rentals. Carlo Gaione From: seacr24kt@aol.com Subject: 309 Norfolk AV:Commissioners Letter Date: June 30,2020 at 9:55 AM To: atseacabinvb@gmail.com To the Planning Commissioners: My experience as an owner for 25 years in the Lake Station Condominiums on Norfolk AV, Virginia Beach has been great! I have both enjoyed living in the condo and renting it for periods when I had to be away. Virginia Beach is a wonderful place and offers many enjoyable memories to those who come to visit for even a short stay. My tenants have loved the opportunity to enjoy Virginia Beach close up. Therefore, I vote for the continued practice of allowing short term rentals. I also support the application of Teri Champion for a short term rental permit. At no time have my tenants and I experienced issues either with residents who were there long or short term, nor with the parking situation. I sincerely request that you as planning commissioners approve continuation of the short term rentals at Lake Station Condos. Thank you. Christine Robins 309 Norfolk AV Virginia Beach 23451 757-635-5670 From: Kathy Alexander kalexander@cogentscience.net Subject: CUP-unit#323 Date: July 1,2020 at 10:36 AM To: Atseacabinvb@gmail.com I, Kathy Alexander, as a unit owner at Lake Station Condominium (unit#357), support Teri Champion in her application to have a Conditional Use Permit (CUP), for short term rentals, providing all the rules of the Condominium Association are followed by the tenants and are enforced. Any questions, please feel free to contract me at my email address... kalexander@cogentscience.net Regards, Kathy Alexander 357 Norfolk Ave. Virginia Beach, VA 23451 From: Lee Sherlock Imshrlck@gmail.com Subject: Short Term Rental Capabilities Date: June 25,2020 at 12:45 PM To: Atseacabinvb@gmail.com Dear Planning Commissioners: My name is Lee Sherlock. I reside at 311 Norfolk Ave, Virginia Beach, VA 23451. I understand that there is some opposition to the abilities for residents in our condominium complex to be able to rent our units on a short term basis. I want to let it be known that I DO NOT support this opposition. I bought my unit knowing that it was previously an active short term rental and under the assumption that it could be used as one in the future. I believe the abilities to be able to do so helps to add value to the property and was one of the primary reasons for my purchasing the property. If you should require any additional information feel free to call me at 682-560-5337. Best Regards, Lee Sherlock Sent from my iPhone June 26, 2020 Dear Planning Commissioners I am an owner at Lake Station Condominiums, 331 Norfolk Avenue, Virginia Beach, Va. 23451. I am in favor of short-term rentals at this address. Have been an owner at this address since 1977. • Lis L. Grossi, Owne June 30, 2020 Dear Planning Commissioners: I am writing in support of the Conditional Use Permit(CUP)for Teri Champion,for Unit 323 at Lake Station Condominiums, located on Norfolk Avenue,Virginia Beach, Va. 23451. I am an owner at Lake Station and have lived here full time for over 22 years. Also, have been on the Board of Directors for around 10 to 12 years. We have never had a problem with parking, unusual noise, renters, etc. Most of the folks that own here do not live here permanently. They give their condos to friends or whomever they wish to at any particular time with no restrictions. I believe there are only 8 full time residents live at Lake Station. I personally know that Teri Champion's daughter,since the beginning of March of this year, has lived in her unit full time. I know Teri Champion to be a very responsible person. She just wants to see that everything is being done according to the Laws of the City of Virginia Beach and the By Laws of Lake Station. I have much respect for her. Our current condo documents do not state a rental term. Therefore, it is my belief that Teri Champion is not violating any rules of the Association. If our community can come together, I believe we can have an agreement of rules and regulations that would make everyone happy,to include long and short term renters. We all share a common goal. Thank you for your consideration, Patricia Grossi 327 Norfolk Avenue,Virginia Beach,Va. 34452 757-373-3361 Richard McDaniel 4238 Meadow Wood Dr. Chesapeake, VA 23321 757-816-5184 merontracting@gmail.com 6/25/2020 Planning Commission: We have owned 343 Norfolk Ave.for 5 years. It is a 2-bedroom,2 bath condominium within walking distance of the famous Virginia Beach ocean front. We have rented this condo to many visitors from Canada to Richmond. A central theme,in the comments from these tourists,resonated the family atmosphere that this condo provided and the proximity to the ocean. This positive experience,in our city,is the best advertisement. Short term rentals in a resort area enhance tourism. There is a need for whole-home rentals: These days,people travel differently from years past.Friends and families travel together. These tourists should have alternative lodging than standard hotel rooms. Financially, short term rentals provide additional income for the owner,businesses in the resort area, and tax revenue for the city. Sincerely, /i(eDave/ Richard McDaniel Dear Va Beach Planning Commissioners, I Rob Rickert, have been a unit owner at Lake Station for 15 years. and served on the board 12 years and was president 10 of those yrs. When I was president; I had more problems w/ 12- month renters being difficult tenants to get things done in our community besides our own folks who did not pay condo fees and did not participate in our meetings. Also, it should be noted our condo docs have no rules against short term rentals. Previous to this I was a past president of the Lake Holly Civic League when I lived on Baltic Ave. For years I have successfully rented my unit on short term rentals and managed it too. It only gets used approximately 90 to120 total days out of a year which allows me, my family, and friends to use it the rest of the time. It has allowed me to keep a beach home. I plan one day to retire to. since I am from Va Beach / Norfolk and love the area. The key is managing it yourself and not using a management company and policing it responsibly! No more than 4 folks since 2 br., and no more than 2 cars; in fact 95% of the time it is only one car that comes and it has never been a problem; and 75% of the renters are families. I do not want 3 folks per bedroom in a 1000 sq. ft condo (3 little children would be the exception). Anyone signing my rental agreement must be at least 25 yrs. old and there is $300 refundable deposit which really helps: no pets except on a rare special occasion. Because of the expensive cost to rent, these folks are a lot more responsible than your average renter. My folks have always left the area believing Va Beach is one of the best resorts anywhere in the country! Therefore, I FULLY support Teri Champion to have a Conditional Use Permit (CUP) for her unit 323. She understands what works and the need to be considerate of other owners; she is a welcome addition to our community... Sincerely, iecAjej- Rickert Family Living Trust Rob Rickert- Past Pres. of Lake Station Condos Zinta Rodgers-Rickert 349 Norfolk Ave. Va Beach, VA 23451 June 25, 2020 Robert Gochee 602-321-1747 301 Norfolk Ave Virginia Beach, VA 23451 Virginia Beach Planning Commission 2405 Courthouse Drive Virginia Beach, VA 23456 Re: Short Term Rentals To Whom It May Concern, I am writing this letter you to express my favor in Short Term Rentals in not only Virginia Beach, but also in at Lakestation Condominiums which I am currently an owner of a condo located there (301 Norfolk Ave). This condo serves as my second home where I am able to come and enjoy Virginia Beach Oceanside throughout the year. Due to the proximity of Lakestation Condo's to the beaches and the beauty of them this condo makes for a perfect short term rental for tourist looking to also come enjoy what Virginia Beach has to offer, allowing owners like me to offset expenses of owning the home by the use of short term rentals, thereby allowing us the flexibility to use the home during the times we choose. According to Virginia Tourism Corporation and Virginia Beach Economic Development there were a total of 15.2 million visitors in 2016, representing a 9.4% increase over 2015 and 19 million visitors in 2017, representing a 25.8% increase over 2016. Along with these statistics they also reported there has been consecutive visitor growth rates dating back to 2013. Of the 15.2 million visitors in 2016 only 280,000 guests used short term rentals through Airbnb, data provided by Airbnb on February 23, 2017, this represented a small fraction of the total visitors during the year of.002%. Given these statistics and current the current state of affairs we face today there is and will continue to be a need for the short-term rentals other than resorts or hotels as this is a great alternative for families and other groups traveling together that are looking to stay out of the hotel environment. Sincerely, Digitally signed by Robert Gochee DN.C=US, Robert Gochee E=robert.gochee@katerra.com, O=Katerra,CN=Robert Gochee Date:2020.06.28 20:43:26-04'00' Robert Gochee Summer J. Peebles From: William R. Landfair Sent: Thursday, July 2, 2020 5:16 PM To: Summer J. Peebles Subject: FW: Oppose Conditional Use Permit (CUP) for 323 Norfolk Ave Summer, Here's another email related to 323 Norfolk Avenue. Bill William R. Landfair, AICP Planning Evaluation Coordinator I Planning& Community Development I Planning Administration 2875 Sabre Street, Suite 500 I Virginia Beach VA 23452 (757)385-8745 From: Virginia Portalatin <v_portalatin@hotmail.com> Sent: Thursday,July 2, 2020 1:52 PM To: William R. Landfair<WLandfair@vbgov.com> Subject: Oppose Conditional Use Permit (CUP) for 323 Norfolk Ave CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, My name is Virginia Portalatin, owner and resident at Lake Station 307 Norfolk Ave Virginia Beach, VA 23451. I am respectfully requesting support for denial of Conditional Use Permit (CUP) for 323 Norfolk Ave Virginia Beach, VA 23451 scheduled July 8th 2020 During the course of the last year I have had issues with noise and parking with short term Air BnB visitors, I have come home on several occasions to find my clearly numbered parking spot taken. Just last week, I came to find someone in my parking spot, asked the person standing by the car to kindly move car, short term renter responded she was unloading her car. I find myself( permanent resident) repeatedly explaining to short term renters they cannot arbitrarily park in spots clearly numbered as they will be towed , fact they choose to ignore despite signage at the entrance of parking lot. Please consider my request, as I have serious concerns for the overall safety and wellbeing of all who reside at Lake Station, this is our home, our sanctuary. I am truly concerned Lake Station will soon take on a Motel atmosphere, that isn't what I had in mind when I purchased April 2019 with the hope of spending time with my three beautiful little granddaughters in a safe environment. 323 Norfolk Ave was sold in January 2020 to "At Sea Cabin LLC" which is owned by Teri Champion of 1280 Laskin Rd, Virginia Beach. 1 Respectfully, Virginia Portalatin 307 Norfolk Ave Virginia Beach, VA 23451 Sent from Mail for Windows 10 2 Summer J. Peebles From: Ali Runaldue <AliRunaldue@howardhanna.com> Sent: Friday, July 3, 2020 3:24 PM To: Summer J. Peebles Cc: galcarazvbpc@icloud.com Subject: Short term rental CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Summer and George! My name is Alexandra Runaldue and I am the owner of 317 Norfolk Avenue. I am writing you concerning the short term rental CUP application for 323 Norfolk Ave. Please recommend denial and vote against approval of the short term rental CUP application. Thank you for your time! Alexandra Runaldue 317 Norfolk Ave (757)288-3333 Sent from my iPhone [Howard Hanna. Find out what YOUR HOME is really worth.] Howard Hanna. Find out what YOUR HOME is really worth. The information contained in this transmission including any attached documentation is privileged and confidential. It is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of the communication is strictly prohibited. If you have received this communication in error, please notify Howard Hanna by replying to this email. Please delete all copies of this message and all attachments. All properties herein are subject to change in sales terms, prior sale, or withdrawal without prior notice; Howard Hanna is not responsible for changes in sale, availability or for any errors in information presented. Howard Hanna Real Estate Services<https://www.howardhanna.com> (412) 967-9000. H. 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 HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD I. UNFINISHED BUSINESS J. NEW BUSINESS K. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents)is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your reauest to omcerawlci),vbeov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/01/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 B C D N OMO 0 LW 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 25,2020 JOINT SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 25,2020 E. PUBLIC HEARINGS 1 SPEAKER a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Satellite Locations for Absentee Voting d. Stratford Chase Precinct to Kempsville Area Library G.1. Ordinance to AMEND City Code Section 10- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1 and 10-1.1 re polling place CONSENT changes/locations a. Point O'View Precinct to Point O'View Elementary School b. Cromwell Precinct to Landstown High School c. Set locations for satellite absentee voting at Bayside Recreation Center,Great Neck Recreation Center,Seatack Recreation Center,and Treasurer's Office Kempsville d. Stratford Chase Precinct to Kempsville Area Library G.2. Ordinances to AMEND City Code Section; ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. 2-226 and REPEAL Section 2-227 re depositories and safe deposit boxes b. 2-3 re term limits for boards and commission members G.3. Resolution to DIRECT the City Manager to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y REESTABLISH a Resort Management Office and address Resort Area Initiatives (Requested by Mayor Dyer and Council Members Abbott,Moss,Rouse,Tower, Wilson,and Wooten) G.4. Resolution to APPROVE a contract ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y extension between the Virginia Beach CONSENT Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services G.5. Ordinance to ESTABLISH CIP#100533 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y "CIT-Next Generation 911"and TRANSFER CONSENT $1,561,397 from CIP#3-619 re 911 system upgrade G.6. Resolution to SUPPORT the City's 2020 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project Applications to the Virginia CONSENT Department of Transportation(VDOT) SMART SCALE Program CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/01/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 B C DNOMO 0 L W 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ERNDN G.7. Resolution to PROVIDE for the issuance and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y sale of Storm Water Utility Revenue Bonds, CONSENT Series 2020A,in a maximum principal amount of$90-Million,and Storm Water Utility Refund Revenue Bonds,Series 2020B, in a maximum principal amount of$17.5- Million,PROVIDE for the form,details and payments thereof to fmance and refmance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such fmancing H.1. HIM WILKINS for a Conditional Use APPROVED/ 9-2 Y Y Y NYNY Y Y Y Y Permit re short term rental at 1125 Pond CONDITIONED,BY Cypress Drive DISTRICT 4—BAYSIDE CONSENT H.2. JAMES E.DODD for a Conditional Use APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Permit re short term rental at 2305 Oak CONDITIONED,BY Street DISTRICT 5—LYNNHAVEN CONSENT H.3. GEOFFREY WHITESIDE fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term CONDITIONED rental at 131 South Thalia Road DISTRICT 5—LYNNHAVEN (Deferred from July 28,2020) H.4. DAVID LUCAS for a Conditional Use MOTION TO 3-8 NNN NNNY YNN Y Permit re short term rental at 505 APPROVE FAILED Barberton Drive DISTRICT 6—BEACH DENIED H.5. CURTIS JORDAN fora Conditional Use DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 629 Surfside Avenue DISTRICT 6—BEACH H.6. 510 HOLDING,LLC/SANDRA L. APPROVED/ 9-2 Y Y Y NYNY Y Y Y Y BORTE for Conditional Use Permits re CONDITIONED,BY short term rental at 510 18's Street: CONSENT a. Unit A b. Unit B DISTRICT 6—BEACH H.7. 510 HOLDING,LLC for Conditional Use APPROVED/ 9-2 Y Y Y NYNY Y Y Y Y Permits re short term rental at 508 l8'" CONDITIONED,BY Street: CONSENT Unit A Unit B DISTRICT 6—BEACH H.8. NICHOLAS SANTIAGO fora APRROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 905 12th Street DISTRICT 6— CONSENT BEACH APPOINTMENTS RESCHEDULED 11-0 BY CONS F, N S US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ` ACTION PROGRAM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/01/2020 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMO 0 L W 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ERNDN CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD CITIZENS COMMITTEE ON BOARDS Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y AND COMMISSIONS Stacey Shiflet 9/1/2020 No Term CONVENTION&VISITORS BUREAU Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY TASK FORCE John Zirkle (Virginia Beach Hotel Association) Michael Standing (Sports Marketing) 9/1/2020—No Term OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y John Olivieri 3 Year Term 9/1/2020—8/31/2023 PARKS AND RECREATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Susan Brunke— At-Large 3 Year Term 9/1/2020—8/31/2023 Reappointed: Michael Fentress (Bayside) Joan Davis (Princess Anne) 3 Year Term 9/1/2020—8/31/2023 K/L!M ADJOURNMENT 8:32 P.M. OPEN DIALOGUE 1 SPEAKER 8:38 P.M.