HomeMy WebLinkAboutSEPTEMBER 8, 2020 SPECIAL JOINT SESSION MINUTES �Nu+-BEq�
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 8, 2020
Mayor Dyer called to order the CITY COUNCIL JOINT SPECIAL FORMAL SESSION in the Virginia
Beach Convention Center, Tuesday, September 8, 2020, at 6:00 P.M
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
Planning Commission Members Present:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
INVOCATION: Council Member Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
2
CALL TO ORDER
ITEM#70773
Mayor Dyer asked that the below letter dated September 3, 2020 be made a part of the record:
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 JOINT SPECIAL FORMAL SESSION
of the VIRGINIA BEACH CITY COUNCIL and the VIRGINL4 BEACH PLANNING
COMMISSION
Tuesday,September 8, 2020
6:00 P.M.
Virginia Beach Convention Center
100019`'`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.webex.com/vbgov/onstage/g.php?MTID=e26e23d81 b11192a820eab81f9bc73b5d
•Register with the City Clerk's Office by calling(757)385-4303 or via email at
ABarnes@vbgov.com prior to 5:00 p.m. on September 8, 2020
This Joint Special Formal Session will be streamed live on wx '.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 CiryCouncil@vbgov.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
September 8, 2020
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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
100019r"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.webex.com/vbgov/onstage/g.php?MTID=e8c4a93da74b616c 717d69ccac138c9c8
•Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnesna,vbgov.com
prior to 5:00 p.m. on September 8, 2020
This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will
be recorded for rebroadcast on Cable TV Citizens are encouraged to submit their comments to the City
Council prior to the meeting via email at CityCouncil@vbgov.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
3
MINUTES
ITEM#70774
Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council APPROVED
the MINUTES of the SPECIAL SESSION of September 1,2020
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
4
MINUTES
ITEM#70 775
Upon motion by Vice Chair Weiner, seconded by Commissioner Alcaraz, Planning Commission
APPROVED the MINUTES of the JOINT SPECIAL SESSION of September 1, 2020
Voting: 6-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston,Michael Inman, Dee Oliver,Jack Wall
and David Weiner
Planning Commission Members Abstaining:
Walter Graham
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
5
MINUTES
ITEM#70776
Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED
the MINUTES of the JOINT SPECIAL SESSION of September 1,2020
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
6
ITEM-I.F
FORMAL SESSION AGENDA
PLANNING COMMISSION-PLANNING ITEMS
ITEM#70777
Mayor Dyer advised Planning Item G.16 TERI CHAMPION / AT SEA CABIN, LLC, has been
WITHDRAWN by the Applicant and will not be considered.
Mayor Dyer advised for items where only one(1)speaker is registered, the City Clerk will call the speaker
and they will be given three(3) minutes on each Planning Item they registered to speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items: G: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 a/b,
12a/b, 13, 14 and 15a/b
Jay Boone, Phone: 613-6971, spoke in SUPPORT on items: G: 9, 10, 1la/b, 12a/b, 13, 14 and 15a/b
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall, Planning Commission APPROVED,
BY CONSENT,Planning Items G:1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1l a/b, 12a/b, 13, 14 and 15a/b
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
*Commissioner Inman will Abstain on Items 15a/b
September 8, 2020
7
ITEM—I.F
FORMAL SESSION AGENDA
CITY COUNCIL—PLANNING ITEMS
ITEM#70778
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY
CONSENT,Planning Items G:1, 2,3, 4, 5, 6, 7, 8, 9, 10, Ila/b, 12a/b, 13, 14 and 15a/b
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
Council Member Henley will vote Verbal Nay on Items: 9, 10, lla/b, 12a/b, 13, 14 and 15a/b
September 8, 2020
8
ITEM—I.G.1
PLANNING
PLANNING COMMISSION
ITEM#70779
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
BY CONSENT, Application of MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM/
WILLIAM WARNOCKfor a Change of Nonconformity re expand second story and add a new roof to an
existing duplex at 213& 215A 69`h Street DISTRICT 5—LYNNHAVEN
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 January 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 February 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 February 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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
9
ITEM—I.G.1
PLANNING
CITY COUNCIL
ITEM#70780
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY
CONSENT,Application of MELISSA&PAUL VENABLE,KEVIN&ELIZABETH BA UM/WILLIAM
WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing
duplex at 213 &215A 69th Street DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BA UM /
WILLIAM WARNOCK for a Change of Nonconformity re expand
second story and add a new roof to an existing duplex at 213&215A 69`h
Street (GPINs 24196448890213,24196448890215) DISTRICT 5 —
LYNNHAVEN
The following condition shall be required:
4. The expansion of the building shall be in substantial conformance with the submitted site
layout exhibit entitled, "213&215 69`h STREET RESIDENTIAL CONCEPTUAL MASTER
PLAN",dated January 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.
5. The exterior of the proposed improvements shall substantially adhere in appearance, size
and materials to the submitted elevations entitled "VENABLE RESIDENCE
ELEVATIONS", dated February 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.
6. 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 February 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.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8th day of September Two
Thousand Twenty.
September 8, 2020
10
ITEM—I.G.1
PLANNING
CITY COUNCIL
ITEM#70780
(Continued)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
1 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 27, 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 69th 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.
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 8 t h day
of September , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Robert (Bo by) Tajan B. ay Wilson
Planning and Community City Attorney's Office
Development
CA15042
R-2
March 25, 2020
2
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j Building 012.525 50 75 100 125 150
11
ITEM—I.G.2
PLANNING
PLANNING COMMISSION
ITEM#70781
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS MODIFIED, BY CONSENT, Application of CHURCH OF THE ASCENSION/ THE ROMAN
CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story
administrative office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE
Recommended 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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
12
ITEM—I.H.2
PLANNING
CITY COUNCIL
ITEM#70781
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
MODIFIED, BY CONSENT, Application of CHURCH OF THE ASCENSION/ THE ROMAN
CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story
administrative office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHURCH OF THE ASCENSION/ THE ROMAN CATHOLIC
DIOCESE OF RICHMOND for a Modification of Conditions re build a
one-story administrative office at 4853 Princess Anne Road (GPIN
1476064464)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
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.
September 8, 2020
13
ITEM—L G.2
PLANNING
CITY COUNCIL
ITEM#70781
(Conditioned)
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8th day of September Two
Thousand Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
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ITEM—L G.3
PLANNING
PLANNING COMMISSION
ITEM#70782
Upon motion by Vice Chair Weiner, seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED,BY CONSENT,Application ofLINDA M.ADDISONfor a Conditional Use Permit
re home-based wildlife rehabilitation at 1717 Dancers Court DISTRICT 1 —CENTERVILLE
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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
15
ITEM—I.G.3
PLANNING
CITY COUNCIL
ITEM#70782
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED,BY CONSENT,Application of LINDA M.ADDISON for a Conditional Use Permit re
home-based wildlife rehabilitation at 1717 Dancers Court DISTRICT 1 —CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LINDA M. ADDISON for a Conditional Use Permit re home-based
wildlife rehabilitation at 1717 Dancers Court (GPIN 1465508986)
DISTRICT 1—CENTERVILLE
The following condition shall be required:
8. 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.
9. The applicant shall comply with all provisions established for wildlife rehabilitation by the
Virginia Department Game&Inland Fisheries.
10. No animals shall be dropped-off or released at the subject site or within the neighborhood.
11. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent
properties.
12. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies
immunization shall be kept onsite.
13. Animal waste shall be removed daily in a lawful manner.
14. 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.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 84 day of September Two
Thousand Twenty.
September 8, 2020
16
ITEM—L G.3
PLANNING
CITY COUNCIL
ITEM#70782
(Continued)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
P1
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Property_Polygons
Linda M. Addison
Zoning 1717 Dancers Court s
Parking Lot Drive Aisle
Feet
Building 012.525 50 75 100 125 150
17
ITEM—I.G.4
PLANNING
PLANNING COMMISSION
ITEM#70783
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall, Planning Commission APPROVED,
AS CONDITIONED,BY CONSENT,Application of RYCHAE LYNEA REED/JOAQUIN V. CASTRO
for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE
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 one (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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
18
ITEM—I.G.4
PLANNING
CITY COUNCIL
ITEM#70783
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED,BY CONSENT,Application ofRYCHAE LYNEA REED/JOAQUIN V. CASTRO for
a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RYCHAELYNEA REED/JOAQUIN V. CASTRO for a Conditional Use
Permit re family day-care home at 1674 Dylan Drive(GPIN 1465046346)
DISTRICT 2—KEMPSVILLE
The following condition shall be required:
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 one (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.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8th day of September Two
Thousand Twenty.
September 8, 2020
19
ITEM—I.G.4
PLANNING
CITY COUNCIL
ITEM#70783
(Continued)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
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n Zoning 1674 Dylan Drive
Parking Lot Drive Aisle
Feet
1 1 Building 0 1020 40 60 80 100 120
20
ITEM—I.G.5
PLANNING
PLANNING COMMISSION
ITEM#70784
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED,BY CONSENT,Application ofEMMANUEL B.PLATON/METRO HOLDINGS,
LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—
BAYSIDE
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 ninety (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 ten(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.
September 8, 2020
21
ITEM—I.G.5
PLANNING
PLANNING COMMISSION
ITEM#70784
(Continued)
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
22
ITEM—I.G.5
PLANNING
CITY COUNCIL
ITEM#70784
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED, BY CONSENT, Application of EMMANUEL B. PLATON/METRO HOLDINGS,
LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—
BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EMMANUEL B. PLATON/ METRO HOLDINGS, LLC for a
Conditional Use Permit re automotive repair garage at 5044 Cleveland
Street(GPIN 1467846647)DISTRICT 4—BAYSIDE
The following condition shall be required:
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 ninety (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.
September 8, 2020
23
ITEM—I.G.5
PLANNING
CITY COUNCIL
ITEM#70784
(Continued)
10. Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the
Planning Director shall occur ten(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.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September Two
Thousand Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
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24
ITEM—I.G.6
PLANNING
PLANNING COMMISSION
ITEM#70785
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of LORNA C. DONATONE, QPRT/ SCOTT &
KATHERINE MORINfor a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron
Road DISTRICT 5—LYNNHAVEN
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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
25
ITEM—L G.6
PLANNING
CITY COUNCIL
ITEM#70785
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED, BY CONSENT, Application of LORNA C. DONATONE, QPRT/ SCOTT &
KATHERINE MORINfor a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron
Road DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LORNA C. DONATONE, QPRT/SCOTT& KATHERINE MORINfor
a Conditional Use Permit re community boat dock at 1421 & 1423 Blue
Heron Road (GPINs 1498584496 & 1498585310) DISTRICT 5 —
LYNNHAVEN
The following conditions shall be required:
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 boatlifis.
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.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September Two
Thousand Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
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Property_Polygons Lorna C. Donatone, QPRT & Scott and Katherine Morin '1
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Zoning
7 Parking Lot Drive Aisle NE ii =Elm Feet
Buildina 0 25 50 100 150 200 250 300
26
ITEM—L G.7
PLANNING
PLANNING COMMISSION
ITEM#70786
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of 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
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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
27
ITEM—I.G.7
PLANNING
CITY COUNCIL
ITEM#70786
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED, BY CONSENT, Application of 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
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
INKCREDIBLE TATTOO, LLC/DAM NECK CROSSING, LLC for a
Conditional Use Permit re tattoo parlor at 1630 General Booth
Boulevard, Suite 112 (GPIN 2415541078) DISTRICT 7 — PRINCESS
ANNE
The following conditions shall be required:
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.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8111 day of September Two
Thousand Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
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Property_Polygons INKcredible Tattoo, LLC
Zoning
1630 General Booth Boulevard, Suite 112
Parking Lot Drive Aisle IMIDII=IFeet
Building 0 40 80 160 240 320 400 480
28
ITEM—I.G.8
PLANNING
PLANNING COMMISSION
ITEM#70787
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of VOGUE LASHES& SPA/LASKIN ROAD, LLC
for a Conditional Use Permit re tattoo parlor at 933 Laskin Road DISTRICT 6—BEACH
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 the report, shall be demolished and removed from the property within ninety
(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.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
29
ITEM—I.G.8
PLANNING
CITY COUNCIL ITEM#70787
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED,BY CONSENT,Application of VOGUE LASHES&SPA/LASKIN ROAD,LLCfor a
Conditional Use Permit re tattoo parlor at 933 Laskin Road DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VOGUE LASHES& SPA/LASKIN ROAD, LLCfor a Conditional Use
Permit re tattoo parlor at 933 Laskin Road (GPINs 2418711270 &
2418710188)DISTRICT 6—BEACH
The following conditions shall be required:
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 the report, shall be demolished and removed from the property within ninety(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.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September Two
Thousand Twenty.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
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ITEM—L G.9
PLANNING
PLANNING COMMISSION
ITEM#70788
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of HMC, LLC/MINH YOUNG for Conditional Use
Permits re short term rental 4669 Merrimac Lane DISTRICT 4-BAYSIDE
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 notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2))on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short
Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
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.
September 8, 2020
31
ITEM—I.G.9
PLANNING
PLANNING COMMISSION
ITEM#70788
(Continued)
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
32
ITEM—L G.9
PLANNING
CITY COUNCIL ITEM#70788
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of HMC,LLC/MINH VOUNG for Conditional Use
Permits re short term rental 4669 Merrimac Lane DISTRICT 4-BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HMC,LLC/MINH VOUNG for Conditional Use Permits re short term
rental 4669 Merrimac Lane(GPIN 1478318103)DISTRICT 4-BAYSIDE
The following condition shall be required:
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 notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2))on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short
Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
September 8, 2020
33
ITEM—I.G.9
PLANNING
CITY COUNCIL ITEM#70788
(Continued)
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September
Two Thousand Twenty.
September 8, 2020
34
ITEM—I.G.9
PLANNING
CITY COUNCIL ITEM#70788
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
A-12*
1_, ,
Li . _
* A-18
�///
`' ,/ A-1.2
it
Z.
•,.. i 'N . /
//
A-12
Site HMC, LLC "*1
Property_Polygons
n Zoning 4669 Merrimac Lane
Parking Lot Drive Aisle 113111=CCIFeet
I Building 0 510 20 30 40 50 60
35
ITEM—I.G.10
PLANNING
PLANNING COMMISSION
ITEM#70789
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of EMILY PERDONCIN& DENNIS SMITH for a
Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT S—LYNNHAVEN
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 notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events 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 $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
September 8, 2020
36
ITEM—I.G.10
PLANNING
PLANNING COMMISSION
ITEM#70789
(Continued)
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
37
ITEM—I.G.I0
PLANNING
CITY COUNCIL
ITEM#70789
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED, BY CONSENT, Application of EMILY PERDONCIN & DENNIS SMITH for a
Conditional Use Permit re short term rental at 2306 Oak Street DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EMILY PERDONCIN&DENNIS SMITH for a Conditional Use Permit
re short term rental at 2306 Oak Street (GPIN 15904173230000)
DISTRICT 5—LYNNHAVEN
The following condition shall be required:
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 $1-
Million.
September 8, 2020
38
ITEM—I.G.10
PLANNING
CITY COUNCIL
ITEM#70 789
(Continued)
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rental.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September
Two
September 8, 2020
39
ITEM—L G.10
PLANNING
CITY COUNCIL
ITEM#70789
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
R-7 5 \ �'` \3"---\---"\ R-7.5
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o. R75 R=7.5 P____________-,,
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A Site vi f
Property_Polygons Emily Perdoncin & Dennis Smith
2306 Oak Street
Zoning
Parking Lot Drive Aisle 11=11Feet
Building
0 510 20 30 40 50 60
40
ITEM—I.G.11 alb
PLANNING
PLANNING COMMISSION
ITEM#70790
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of VACATION PROPERTIES, LLC / SEAN &
TIJUANA BELL for Conditional Use Permits re short term rentals at 304 28`h Street, Units 310 and 311
DISTRICT 6-BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling units addressed as 304 28`h 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 notes
the new property owner of requirements 'a' through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development Short
Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
September 8, 2020
41
ITEM—I.G.11 alb
PLANNING
PLANNING COMMISSION
ITEM#70790
(Continued)
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
42
ITEM—I.G.11a/b
PLANNING
CITY COUNCIL
ITEM#70790
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED,BY CONSENT,Application of VACATION PROPERTIES,LLC/SEAN& TIJUANA
BELL for Conditional Use Permits re short term rentals at 304 28th Street, Units 310 and 311 DISTRICT
6-BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VACATION PROPERTIES, LLC / SEAN & TIJUANA BELL for
Conditional Use Permits re short term rentals at 304 28`h Street, Units
310 and 311 (GPINs 24280028663010& 24280028663011)DISTRICT 6
-BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling units addressed as 304 28`h 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.
September 8, 2020
43
ITEM—I.G.11a/b
PLANNING
CITY COUNCIL
ITEM#70790
(Continued)
a. A completed Department of Planning and Community Development Short
Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September
Two Thousand Twenty.
September 8, 2020
44
ITEM—L G.11 a/b
PLANNING
CITY COUNCIL
ITEM#70790
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
1__, , 1 1 �,1 1
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red r A 1 ' r` A eet
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p_-1.\j\-\--A , ,t A-112 \
® Site �,•e, -i
Property_Polygons
Vacation Properties, LLC lc
n Zoning 304 28th Street, Units 310 & 311
Parking Lot Drive Aisle Feet
45
ITEM—I.G.12a
PLANNING
PLANNING COMMISSION
ITEM#70791
Upon motion by Vice Chair Weiner, seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of ALLEN PRINCE for Conditional Use Permit re
short term rental at 525 21'Street Unit A DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 525 21"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 (2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this 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 $1-
Million.
September 8, 2020
46
ITEM—I.G.12a
PLANNING
PLANNING COMMISSION
ITEM#70791
(Continued)
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 $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz, John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
47
ITEM—I.G.12a
PLANNING
CITY COUNCIL
ITEM#70791
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED, BY CONSENT,Application of ALLEN PRINCE for Conditional Use Permit re short
term rental at 525 21'Street Unit A DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALLEN PRINCE for Conditional Use Permit re short term
rental at 525 21' Street Unit A (GPIN 24179861780000)
DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 525 21'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 (2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this 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.
September 8, 2020
48
ITEM—I.G.12a
PLANNING
CITY COUNCIL ITEM#70791
(Continued)
a. A completed Department of Planning and Community Development Short
Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than 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 $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`" day of September
Two Thousand Twenty.
September 8, 2020
49
ITEM—I.G.12a
PLANNING
CITY COUNCIL
ITEM#70791
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
— —
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Property_Polygons Allen Prince
525 21st Street, Unit A
Zoning
Parking Lot Drive Aisle WA=11111111=1C3Feet
50
ITEM—I.G.l2b
PLANNING
PLANNING COMMISSION
ITEM#70792
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of ALLEN PRINCE for Conditional Use Permit re
short term rental at 525 21 t Street Unit B DISTRICT 6—BEACH
Recommended Conditions:
1. The following conditions shall only apply to the dwelling unit addressed as 525 21'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 (2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Condition Use Permit may be administrative and performed by the
Planning Department; however, the Planning Department shall notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than 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 $1-
Million.
September 8, 2020
51
ITEM—I.G.12b
PLANNING
PLANNING COMMISSION
ITEM#70792
(Continued)
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 $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver, Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
52
ITEM—I.G.12b
PLANNING
CITY COUNCIL
ITEM#70792
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED, BY CONSENT,Application of ALLEN PRINCE for Conditional Use Permit re short
term rental at 525 21'Street Unit B DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALLEN PRINCE for Conditional Use Permit re short term rental at 525
21'Street Unit B(GPIN 24179861780000)DISTRICT 6—BEACH
The following condition shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 525 21'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 (2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this 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
September 8, 2020
53
ITEM—I.G.12b
PLANNING
CITY COUNCIL
ITEM#70792
(Continued)
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
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 $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8th day of September
Two Thousand Twenty.
September 8, 2020
54
ITEM—I.G.12b
PLANNING
CITY COUNCIL
ITEM#70792
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
OR
j2iSt:
_ --A-.-----
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tto
street
1s
.� oU,/ ./j1 , OR
1 O R V
\-k
, OI-----' .;'4% for' //". \, _ _____,::
RS1
1, o %.,
street
_ ant �
21 st street ,
rU �1 1 �� \ \
,-,
MO Suite N
//, Site w E
L Property_Polygons Allen Prince
Zoning 525 21st Street, Unit B
Parking Lot Drive Aisle
Feet
Building 0 10 20 40 60 80 100 120
55
ITEM—I.G.13
PLANNING
PLANNING COMMISSION
ITEM#70793
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED,BY CONSENT,Application of MISSION ENTERPRISES,LLC for a Conditional
Use Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH
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 noty 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 $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
September 8, 2020
56
ITEM—I.G.13
PLANNING
PLANNING COMMISSION
ITEM#70793
(Continued)
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
57
ITEM—I.G.13
PLANNING
CITY COUNCIL
ITEM#70793
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED,BY CONSENT,Application of MISSION ENTERPRISES,LLC for a Conditional Use
Permit re short term rental at 517 Virginia Beach Boulevard DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MISSION ENTERPRISES, LLC for a Conditional Use Permit re short
term rental at 517 Virginia Beach Boulevard (GPIN 24270626510000)
DISTRICT 6—BEACH
The following condition shall be required:
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 notes the City Council in
writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where
the Short Term Rental has been the subject of neighborhood complaints, violations of its
conditions or violations of any building, housing, zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times 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
September 8, 2020
58
ITEM—I.G.13
PLANNING
CITY COUNCIL
ITEM#70793
(Continued)
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8`h day of September
Two Thousand Twenty.
September 8, 2020
59
ITEM—I.G.13
PLANNING
CITY COUNCIL
ITEM#70793
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
, .
levacd
.4.,1300
v3ew-
VITV'la
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_
-,--- ,
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$
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$ .40, .
$.,,
#\ -tt 'd
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\--A
,
7/0 Site i
w I
Property_Polygons
Mission Enterprises, LLC Zoning
517 Virginia Beach Boulevard
Parking Lot Drive Aisle Feet
60
ITEM—I.G.14
PLANNING
PLANNING COMMISSION
ITEM#70794
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall, Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT,Application of JANET MARINO for a Conditional Use Permit re
short term rental at 951 Maryland Avenue DISTRICT 6—BEACH
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 $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
September 8, 2020
61
ITEM—I.G.14
PLANNING
PLANNING COMMISSION
ITEM#70794
(Continued)
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10.•00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
Voting: 7-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Michael Inman, Dee
Oliver,Jack Wall and David Weiner
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
62
ITEM—I.G.14
PLANNING
CITY COUNCIL
ITEM#70794
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS
CONDITIONED,BY CONSENT,Application of JANET MARINO for a Conditional Use Permit re short
term rental at 951 Maryland Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JANET MARINO for a Conditional Use Permit re short term rental at
951 Maryland Avenue(GPIN 2417834418)DISTRICT 6—BEACH
The following condition shall be required:
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
September 8, 2020
63
ITEM—L G.14
PLANNING
CITY COUNCIL
ITEM#70794
(Continued)
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term 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 $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 84' day of September
Two Thousand Twenty.
September 8, 2020
64
ITEM—I.G.14
PLANNING
CITY COUNCIL
ITEM#70794
(Continued)
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
'il
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o A ,1 2
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ane
Maryland Avenue
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Site
1 Property_Polygons Janet Marino ti
®Zoning 951 Maryland Avenue
Parking Lot Drive Aisle Feet
Building 0 510 20 30 40 50 60
65
ITEM—I.G.15a/b
PLANNING
PLANNING COMMISSION
ITEM#70795
Upon motion by Vice Chair Weiner,seconded by Commissioner Wall,Planning Commission APPROVED,
AS CONDITIONED, BY CONSENT, Application of ARICA ATKINS& MELVIN L. ATKINS, HI for
Conditional Use Permits re short term rentals at 598 Pinewood Drive Units 203 and 208 DISTRICT 6—
BEACH
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
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 (2)
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 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
September 8, 2020
66
ITEM—I.G.15a/b
PLANNING
PLANNING COMMISSION
ITEM#70795
(Continued)
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
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$1-Million. dollars underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be 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.
September 8, 2020
67
ITEM—I.G.15a/b
PLANNING
PLANNING COMMISSION
ITEM#70795
(Continued)
Voting: 6-0
Planning Commission Members Voting Aye:
George Alcaraz,John H. Coston, Walter Graham, Dee Oliver, Jack Wall
and David Weiner
Planning Commission Members Abstaining:
Michael Inman
Planning Commission Members Absent:
Steve Barnes, Donald Horsley, Robyn Klein and David Redmond
September 8, 2020
68
ITEM—I.G.15a/b
PLANNING
CITY COUNCIL
ITEM#70795
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of ARICA ATKINS&MEL VIN L.ATKINS,III for
Conditional Use Permits re short term rentals at 598 Pinewood Drive Units 203 and 208 DISTRICT 6—
BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ARICA ATKINS & MELVIN L. ATKINS, HI for Conditional Use
Permits re short term rentals at 598 Pinewood Drive Units 203 & 208
(GPINs 24270434561041 & 2 72 70434561 046)DISTRICT 6—BEACH
The following condition shall be required:
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 (2)
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 ofpeople 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.
September 8, 2020
69
ITEM—I.G.15a/b
PLANNING
CITY COUNCIL
ITEM#70795
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six (6) months of the property real estate transaction
closing date.
a. A completed Department of Planning and Community Development Short
Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of registration; and
c. Proof of liability insurance applicable to the rental activity of at least $1-
Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than 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$1-Million. dollars underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be 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.
September 8, 2020
70
ITEM—I.G.I5a/b
PLANNING
CITY COUNCIL
ITEM#70795
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8t day of September
Two Thousand Twenty.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 8, 2020
,R-53- e D v *r------,-7 Ai.iiii
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VA, Site ". ►\'
Property_Polygons Arica Atkins & Melvin L. Atkins, Ill
Q Zoning
598 Pinewood Drive, Units 203 and 208
Parking Lot Drive Aisle Feet
1 Building 0 1530 60 90 120 150 180
71
ITEM—I.H
APPOINTMENTS
ITEM#70 796
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
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
September 8, 2020
72
ITEM—LI
APPOINTMENTS
ITEM#70797
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
CHARLES GUTHRIE
Unexpired Term thru 6/30/2021
Plus three year term 7/1/2021-6/30/2024
BAYFRONT ADVISORY COMMISSION
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
73
ITEM—I.I
APPOINTMENTS
ITEM#70 798
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
THOMAS C. MCKEE
(Multi-Family Home Builder)
Four year term 10/1/2020—9/30/2024
HOUSING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
74
ITEM—I.I
APPOINTMENTS
ITEM#70799
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
ZAKKIYYA K.ANDERSON
Three year term 9/8/2020—8/31/2023
HUMAN RIGHTS COMMISSION
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
75
ITEM—I.I
APPOINTMENTS
ITEM#70800
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
ELLEN E. VINIKOFF
Unexpired term thru 8/31/2024
PUBLIC LIBRARY BOARD
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
September 8, 2020
76
ADJOURNMENT
ITEM#70801
Mayor Robert M. Dyer DECLARED the City Council JOINT SPECIAL FORMAL MEETING WITH
PLANNING COMMISSION ADJOURNED at 6:52 P.M.
Terri H. Chelius
Chief Deputy City lerk
nd arnsMMC
City Clerk
Dee Oliver
Chair, Planning Commission
Robert M. Dyer
Mayor
September 8, 2020