No preview available
HomeMy WebLinkAbout09-15-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0N11'.B c MAYOR ROBERT M "BOBBY"DYER,At Large 4 6 L VICE MAYOR JAMES L.WOOD,Lynnhaven—District 5 O JESSICA P.ABBOTT,Kempsville—District 2 � = t 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 V I o BARBARA M.HENLEY,Princess Anne—District 7 "„ • LOUIS R JONES,Bayside—District 4 "••• JOHND.MOSS,At Large AARONR ROUSE,At Large GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville—District! CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICKA.DUHANEY VIRGINIA BEACH,VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR September 15, 2020 FAX(757)385-5669 CITY AUDITOR—LYNDONE REMIAS E-MAIL:CITYCOUNCILQvbgov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber - 1:30 PM A. CHILDREN'S SERVICES ACT Aileen Smith,Director—Human Services B. EMERGENCY OPERATIONS PLAN UPDATE Erin Sutton,Director—Office of Emergency Management C. RECOMMENDATIONS FOR MAY 31ST PERMANENT MEMORIAL PROCESS Emily Labows, Director—Cultural Affairs D. SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES Bobby Tajan, Director—Planning and Community Development E. SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL Bobby Tajan,Director—Planning and Community Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION J . V. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION September 8, 2020 G. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Property,temporary and permanent easements necessary for the Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP#7-089 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to EXTEND the provisions of the Ordinance previously adopted on March 31, 2020 re ensure continuity of government during the COVID-19 Disaster 2. Resolution to AMEND the due date for Recommendations of the Convention and Visitors Bureau(CVB) Community Task Force 3. Resolution to RENEW permit to ALLOW ISC Medical Transport,LLC re operate in the City 4. Resolution to AUTHORIZE the distribution of a preliminary official statement and other actions re issuance of Water and Sewer Revenue and Refunding Bonds, Series of 2020 5. Ordinance to CARRY FORWARD and APPROPRIATE $2,253,411 to the FY2020-21 Operating Budget re purposes previously approved in FY2019-2020 6. Ordinance to APPROPRIATE $90,000 to provide an interest-free loan to the Princess Anne Court House Volunteer Rescue Squad and Fire Department re purchase of a new ambulance 7. Ordinance to ACCEPT and APPROPRIATE $24,956 from Supreme Court of Virginia Drug Treatment Court Docket Grant to FY2020-21 Commonwealth Attorney's Operating Budget and AUTHORIZE 25% in-kind grant match by Human Services re purchase of drug and alcohol testing supplies J. PLANNING 1. JAMES T. CROMWELL,ESQ.,RECEIVER FOR SHORE REALTY CORPORATION (DEFUNCT CORPORATION) for Street Closures of unimproved rights-of-way: a. 375 square feet adjacent to 217 75th Street b. 250 square feet adjacent to 215A&215B 75th Street c. 250 square feet adjacent to 213 75th Street d. 250 square feet adjacent to 211 75th Street e. 250 square feet adjacent to 209 75th Street f. 250 square feet adjacent to 205 75th Street g. 1,763 square feet adjacent to 203 75th Street h. 250 square feet adjacent to 218A &218B 76th Street i. 300 square feet adjacent to 216A&216B 76th Street j. 250 square feet adjacent to 214 76th Street k. 325 square feet adjacent to 210 76th Street 1. 312 square feet adjacent to 208A&208B 76th Street m.413 square feet adjacent to 7500 Atlantic Avenue DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. JAMES T. CROMWELL,ESQ.,RECEIVER FOR SHORE REALTY CORPORATION (DEFUNCT CORPORATION) for Street Closures of improved rights-of-way: a. 1,170 square feet adjacent to 204A&204B 75th Street, and 202 75th Street b. 105 square feet adjacent to 7406 Atlantic Avenue DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. BONNEY ROAD VB,LLC for a Modification of Conditions re motor vehicle sales & service,and automobile repair garage at 3825 Bonney Road DISTRICT 4—LYNNHAVEN RECOMMENDATION: APPROVAL 4. BONNEY G.BRIGHT SAND CO./BONNEY G.BRIGHT for a Modification of Conditions re borrow pit at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. STUDIO EVOLVE,LLC/BYLER LAKES,LLC for a Conditional Use Permit re body piercing establishment at 512 South Independence Boulevard DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC/ BIRCHWOOD ASSOCIATES,LLC for a Conditional Use Permit re housing for seniors and disabled persons at 3808 & 3820 Virginia Beach Boulevard, and 309& 329 Birchwood Park Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 7. PHAM VO,LLC/HIEN PHAM& CUONG VO for a Conditional Use Permit re short term rental at 5120 Settlers Park Drive DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 8. THE GOOD MANOR GROUP,LLC for a Conditional Use Permit re short term rental at 1721 Rueger Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 9. CHARLIE KIM for a Conditional Use Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. MICHAEL&RENEE FAIRCHILD/MLFW, LLC for Conditional Use Permits re short term rentals at: a. 836 12th Street b. 838 12th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CHARITY FIGALLO for a Conditional Use Permit re short term rental at 448 Garrison Place DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. CITY OF VIRGINIA BEACH—Ordinances to AMEND City Zoning Ordinance(CZO) Sections: a. 104 re allow civil penalties for the violation of Section 241.2 pertaining to Short Term Rentals b. 1903 re allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District RECOMMENDATION: APPROVAL (Requested by Council Member Tower) 13. CITY OF VIRGINIA BEACH—Ordinance to AMEND City Zoning Ordinance(CZO) Section 241.2 re revocation of grandfather status and City Council findings RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL (Requested by Council Member Tower) 14. CITY OF VIRGINIA BEACH—Ordinance to ESTABLISH transitional rules for the review of Conditional Use Permits re property in the Old Beach Overlay District RECOMMENDATION: APPROVAL (Requested by Council Member Tower) K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMI FI'EE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw(a,vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:30 PM A. CHILDREN'S SERVICES ACT Aileen Smith, Director—Human Services B. EMERGENCY OPERATIONS PLAN UPDATE Erin Sutton, Director—Office of Emergency Management C. RECOMMENDATIONS FOR MAY 31 ST PERMANENT MEMORIAL PROCESS Emily Labows, Director—Cultural Affairs D. SHORT TERM RENTAL REVISIONS PROPOSED BY VICE MAYOR WOOD AND COUNCIL MEMBER JONES Bobby Tajan, Director—Planning and Community Development E. SHORT TERM RENTAL COMPLIANCE/ENFORCEMENT PROPOSAL Bobby Tajan, Director—Planning and Community Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION September 8, 2020 G. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Property, temporary and permanent easements necessary for the Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP #7-089 oa ° L~Fttirv°n4iit ° ACOUIVTION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation,of property in fee simple and temporary and permanent easements necessary for the Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP #7-089, Tuesday,September 15,2020 at 6::00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center,Virginia Beach, Virginia. The plans for the project are entitled: "PRINCESS ANNE PLAZA NORTH LONDON BRIDGE CREEK PUMP STATION,"and are on file in the Public Works Department, Stormwater Engineering Division, 2875 Sabre Street,Suite 250. The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for this project. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building#23,2473 N.Landing Road,at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at tdtps://vbgpv webex com/vbpov/on ctage/g nhn?MTIf)=efric,R74bf)945 r571414cp3fa471c1 A45L •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 15, 2020. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: September 6,2020 / -, 1 MAy,� it . C..) 5, CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to authorize the acquisition of property in fee simple for the Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP 7- 089 and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: September 15, 2020 MEETING DATE: October 6, 2020 Background: The Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP 7-089 (the "Project") is for the construction of a tide gate, stormwater pump station, and tide barriers along London Bridge Creek at the South Lynnhaven Road crossing. The Project will improve stormwater management and relieve widespread tidal and storm flooding of public and private structures and public streets and highways throughout the Princess Anne Plaza and The Lakes neighborhoods. These neighborhoods were among the hardest hit by flooding caused by Hurricane Matthew in 2016. The Princess Anne Plaza area consists primarily of medium-density residential neighborhoods, with some commercial development along major roads. The area has experienced repeated flooding mainly due to its low-lying topography, tidal influence and lack of stormwater storage. Most of the homes in the Project area were constructed in the early 1960s to the early 1970s and are concrete slab on grade with finished floors less than one foot above top of curb. The existing stormwater infrastructure is inadequate or non-existent and will not protect these homes against the intense storms the region is expected to experience with increased frequency. A preliminary engineering analysis was completed in November 2019 and concluded that a tide gate, barriers and a large pump station are required along North London Bridge Creek in order to mitigate flooding in the Princess Anne Plaza area. The tide gate and barriers will block the incoming tide to increase available storage capacity within the system, and the pump station will drawdown water levels prior to a storm event to maintain them below flood stage. The Project includes a 1 ,400 cubic feet per second pump station, a 120-foot-wide Tide Gate, and adjacent flood barriers. The Project is intended to mitigate flooding up to the 100-year storm event (equating to 9.5 inches of rain in 24 hours). The Level of Service that has been adopted for the Princess Anne Plaza neighborhood includes limiting peak flood stages to three (3) inches or less above the crown of the roads for the 10-year design storm (i.e., street flooding, 5.6 inches in 24 hours) and preventing structures from flooding for the 100-year design storm. Based on modeling, approximately 583 buildings will be mitigated from flooding during the 100-year storm and 6.9 miles of roadway will be mitigated from flooding during the 10-year storm. However, there are 18 buildings that may flood during a 100-year storm and one mile of street flooding that may still occur during a 10-year storm. • Considerations: The Project will require property and easements from three privately owned parcels in the area shown on the Location Map. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement and/or condemnation. The Project is expected to be completed in phases occurring over the next 10 years. • Public Information: A Public Information Meeting was held on October 3, 2019. Advertisement of a public hearing was placed in The Virginian-Pilot, Beacon, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the request • Recommendations: Approve the Ordinance • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works 4-2/ City Manager: , 17 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE PRINCESS ANNE PLAZA NORTH 4 LONDON BRIDGE CREEK PUMP STATION PROJECT, CIP 7-089, AND THE ACQUISITION 6 OF TEMPORARY AND PERMANENT 7 EASEMENTS, BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists for the construction of this important flood mitigation project to 12 improve drainage within the City to relieve widespread tidal and storm flooding of public 13 and private structures and public streets and highways, to treat stormwater, to improve 14 traffic circulation especially during rain and tidal flood events, and for other related public 1s purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and for the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1 . That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and 23 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 24 simple, including temporary and permanent easements and entire tracts upon which such 25 rights-of-way or easements shall be located, within the limitations and conditions of Section 26 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 27 plan entitled "Princess Anne Plaza North London Bridge Creek Pump Station(CIP#7-089) 28 —Site Plan Layout" (the "Project"), and also as shown on the Location Map attached hereto 29 as Exhibit A and made a part hereof (plans and Location Map collectively referred to as the 30 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 31 City of Virginia Beach, Virginia. 32 33 Section 2. That the City Manager is hereby authorized to make or cause to be made 34 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 35 offer to the owners or persons having an interest in said Property. If refused, the City 36 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 37 condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 40 , 2020. CA14876 PREPARED: 9/2/20 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p035\00653565.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY __Xr1/17 PUBLIC WORKS/REAL ESTATE CITY ATTORNEY . " _ (04 FLORENCE!ST '� I N uARKAS *11fr .:.- t ..z. Partial Property Acquisition 1 1 - O. _S. (2877 Guardian Lane) li �>��1111114��� v 11111.0 y 40 _ UARDIANILN 7p-0 Ivitibmesill IZ) , , , -.-Z , it 4 Niewikilrik 4141%, ..., . .., , (firtV z 0. , ,. .tio MI 110114144111* 4r . - ... . . P. ,: Partial Property Acquisition ( ' _ T • 1k 516 S. Lynnhaven • !• K �h �� � , - > .... '110.41110. , 1,1 I. iiirep IIP ippZipt 41:- 011:4 4+4 a 64pp ,'I: :Oil: ' L ' '40046.•4 I 4110.1 I I ok4a7044e,4 , 0 .. A Partial Property Acquisition(2900 Sabre) 1111 ' 4111 Legend Pro ert and Easements to be Acquire d NN Property and Easements to be Acquired IN •. .. .. x �.r Property and Easements to be Acquired 1496-28-9928 _ gii 1496-28-7345 ��"-� `"�"'A""' , CO LOCATION MAP 1498-28 2215 1 GPIN 1495-28-7345 City Properties m 1 GPIN 1495-28-9928 GPIN Property Address Owner Zoning �,;w. �,,,,,,....-�-�--- GPIN 1495-28-2215 1496 28 9928 2877 Guardian Lane Guardian Lane West LLC 11 immo Feet 1496-28-7345 2900 Sabre Street Micheal D Sifen INC 11 200 400 800 1498-28-2215 516 S.Lynnhaven Road 516 5 Lynnhaven Rd LLC 11 Prepared by P.W./Eng./Eng.Support Services Bureau 08/11/2020 X:ICADDIProjects\ARC Files\AGENDA MAPS\1496-28-7345 Aerial rilliii.w.'-- .#1- r°"..ffl 1141 IT a 4''‘ / c:5111 --.41‘r III N 0 0 o 6 re. - I W -� - E x i ) 0 <\ O' 0 a, r o Illp Q ,�''� ` ) 3 /r c S sAsk Partial Property Acquisition ikS s, , z , , „,,,_ ,,,3,/,), * (2877 Guardian Lane) :) LLL--��� Z cjil ., rSITE 9p , it .LN_ xoJGUARDIAN_ v�r_--` !_i-c. \f) 0 / 0 ) . 0 °r V: O (123 Adilai all 0 '0‘k / lip ... 1/ 1, CV_y2 i -CAlrifed-0/*/444 2 N. c----i — iiiikoAlAri 46-r. e6 i/ E ____6_, , ....at.. wi: " iI , Partial Property Acquisition (, . i ,� i �« � 4141111*. 516 S. Lynnhaven • 11-71113VC Itlig Ili 11',° 411‘ S. - --7---_-0- 4 __----: ittitek --,"-' '-(1:c% .114 71121111clei,4 _______, ,___ Nti‘. rer,„* ` QQ- r��b SABRE�ST — , L.__As. 410 iiills Partial Property Acquisition(2900 Sabre) Legend o 1 1111 A Mal ---n----_. _ MS Property and Easements to be Acquired tt \,, \ Cr �� k pi, Property and Easements to be Acquired f u L. Property and Easements to be Acquired— 9aSS;.C4A lirli ---1-. — — -- -- :: : l�-gl tp LOCATION MAP 1498-28-2215 �—" GPIN 1495-28-7345 City Properties N GPIN 1495-28-9928 GPIN Property Address Owner Zoning -I GPIN 1495-28-2215 1496-28-9928 2877 Guardian Lane Guardian Lane West LLC 11 1- 1 " Feet 1496-28-7345 2900 Sabre Street Micheal D Sifen INC , IS 1498-28-2215 516 S.Lynnhaven Road 516 S Lynnhaven Rd LLC 11 gia / 0 200 400 800 Prepared by P.W./Eng./Eng.Support Services Bureau 08/11/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\1496-28-7345 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to EXTEND the provisions of the Ordinance previously adopted on March 31, 2020 re ensure continuity of government during the COVID-19 Disaster 2. Resolution to AMEND the due date for Recommendations of the Convention and Visitors Bureau(CVB) Community Task Force 3. Resolution to RENEW permit to ALLOW ISC Medical Transport, LLC re operate in the City 4. Resolution to AUTHORIZE the distribution of a preliminary official statement and other actions re issuance of Water and Sewer Revenue and Refunding Bonds, Series of 2020 5. Ordinance to CARRY FORWARD and APPROPRIATE $2,253,411 to the FY2020-21 Operating Budget re purposes previously approved in FY2019-2020 6. Ordinance to APPROPRIATE $90,000 to provide an interest-free loan to the Princess Anne Court House Volunteer Rescue Squad and Fire Department re purchase of a new ambulance 7. Ordinance to ACCEPT and APPROPRIATE $24,956 from Supreme Court of Virginia Drug Treatment Court Docket Grant to FY2020-21 Commonwealth Attorney's Operating Budget and AUTHORIZE 25%in-kind grant match by Human Services re purchase of drug and alcohol testing supplies rjfw t ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Extend the Provisions of the Previously Adopted Ordinance to Ensure Continuity of Government During the COVID-19 Disaster MEETING DATE: September 15, 2020 • Background: On March 12, 2020, Governor Northam declared a state of emergency and disaster due to the COVID-19 Pandemic. The next day, the City Manager declared a local emergency due to the COVID-19 Pandemic. In accordance with state law, the City Council on March 31, 2020 adopted an ordinance to provide for the continuity of government during the Pandemic ("ORD-36141"). That ordinance expires on September 30, 2020, or upon the Governor's declaration that the emergency has ended, whichever occurs earlier. The ordinance includes authorization for electronic or virtual meetings of the City Council and its boards and commissions, as well as for other meetings of the City, including public bid openings. • Considerations: Because the COVID-19 Pandemic continues to threaten public health, the Governor has not yet declared that the emergency has ended, and the duration of the COVID-19 Pandemic is unknown. Although some public meetings of the City have been held in person since the emergency was declared by employing the use of masks and social distancing and by facilitating citizen participation in those meetings in person or via electronic means, the need continues for certain meetings to be held virtually, and that need may increase depending upon the extent to which the COVID-19 Pandemic impacts the City in the coming months. The attached ordinance extends the provisions of the previously adopted ordinance to ensure the continuity of government during the disaster. This ordinance extends the provisions of ORD-36141 until the earlier of either a declaration by the Governor that the emergency is ended or six months from the date of the adoption of the ordinance. • Public Information: Public Information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance and ORD-36141 Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manager: 09 1 AN ORDINANCE TO EXTEND THE PROVISIONS OF THE 2 PREVIOUSLY ADOPTED ORDINANCE TO ENSURE 3 CONTINUITY OF GOVERNMENT DURING THE COVID-19 4 DISASTER 5 6 WHEREAS, on March 12, 2020, the Governor of the Commonwealth of Virginia, 7 in Executive Order Number Fifty-One, declared a state of emergency and disaster within 8 the Commonwealth of Virginia pursuant to Code of Virginia Section 44-146.16 of the Code 9 of Virginia; 10 11 WHEREAS, on March 13, 2020, the City Manager, as Director of Emergency 12 Management, declared a local emergency; 13 14 WHEREAS, Section 15.2-1413 of the Code of Virginia provides that 15 "notwithstanding any contrary provision of law, general or special, any locality, may, by 16 ordinance, provide a method to assure continuity in its government, in the event of an 17 enemy attack or other disaster. Such ordinance shall be limited in its effect to a period not 18 exceeding six months after any such enemy attack or disaster and shall provide for a 19 method of resumption of normal governmental authority by the end of the six-month 20 period (emphasis added)"; 21 22 WHEREAS, because of the emergency, the City Council on March 31 , 2020 23 adopted an Ordinance to Ensure Continuity of Government During the COVID-19 24 Disaster ("ORD-3614I"); 25 26 WHEREAS, ORD-36141 includes a finding by the City Council that the COVID-19 27 Pandemic is a disaster for purposes of Virginia Code § 15.2-1413 and authorization for 28 electronic or virtual meetings of the City Council and its boards and commissions, as well 29 as for other meetings, including public bid openings; 30 31 WHEREAS, ORD-36141 includes a sunset date of either September 30, 2020 or 32 upon declaration of the Governor that the emergency is ended, whichever occurs earlier; 33 and 34 35 WHEREAS, the Governor has not declared that the emergency has ended, 36 because the COVID-19 Pandemic continues to threaten public health; and 37 38 WHEREAS, since the adoption of ORD-36141 , some public meetings of the City 39 have been held in person by employing the use of masks and social distancing and by 40 facilitating citizen participation in those meetings in person or via electronic means, but 41 the need continues for certain meetings to be held virtually, and that need may increase 42 depending upon the extent to which the COVID-19 Pandemic impacts the City in the 43 coming months; 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA, THAT: 47 The City Council hereby extends the provisions of ORD-36141 until the earlier of 48 either a declaration by the Governor that the emergency in the Commonwealth is ended 49 or six months from the date of the adoption of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `9k- / Office of the City Manager City At o ey's Office CA15146 R-1 September 4, 2020 1 AN ORDINANCE TO ENSURE CONTINUITY OF 2 GOVERNMENT DURING THE COVID-19 DISASTER 3 4 WHEREAS, on March 12, 2020, the Governor of the Commonwealth of Virginia, 5 in Executive Order Number Fifty-One, declared in response to the COVID-19 public 6 health emergency a state of emergency and disaster within the Commonwealth of 7 Virginia, in accordance with Virginia Code § 44-146.16; 8 9 WHEREAS, on March 13, 2020, the City Manager, as Director of Emergency 10 Management, declared a local emergency; 11 12 WHEREAS, the impacts to public health, the City's economy, and the operation of 13 the City government are likely to be protracted and could last several months; 14 15 WHEREAS, there are actions which must be taken by the City in the next several 16 months which will, by law, require the action of the City Council but may not be conducted 17 in a physical setting because of the COVID-19 Pandemic; and 18 19 WHEREAS, Virginia Code§ 15.2-1413 provides that"notwithstanding any contrary 20 provision of law, general or special, any locality, may, by ordinance, provide a method to 21 assure continuity in its government, in the event of an enemy attack or other disaster. 22 Such ordinance shall be limited in its effect to a period not exceeding six months after any 23 such enemy attack or disaster and shall provide for a method of resumption of normal 24 governmental authority by the end of the six-month period"; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA, THAT: 28 29 1. The City Council finds the impacts of the COVID-19 Pandemic is a disaster for 30 purposes of § 15.2-1413 of the Code of Virginia. 31 32 2. The City Council will meet in person when practicable, but because of the 33 possible exposure of meeting participants to the COVID-19 virus, the Council 34 may meet electronically, subject to the following restrictions. Such electronic 35 meetings must be conducted in accordance with Virginia Code § 2.2- 36 3708.2(A)(3), and the subject of such meetings may be only matters related to 37 the emergency or where a failure to act by the Council would result in 38 irrevocable public harm. Whether any particular action by the Council fits within 39 the description in the preceding sentence and the Virginia Code requirements 40 is a fact-specific determination to be made in consultation with the City 41 Attorney. Notices for such meetings shall be made on the City's website. 42 Meetings shall be conducted in a format that enables citizens to both observe 43 and, if practicable, participate in such meetings electronically. 44 45 3. Other City boards and commissions may meet electronically as necessary, but 46 any such meeting shall be subject to the restrictions set forth in Virginia Code 47 § 2.2-3708.2(A)(3) and in Section 2, supra. 48 49 4. The Council directs that any City meeting—other than meetings of public 50 bodies, which are addressed above—be held electronically in lieu of physical 51 gatherings if feasible. Public bid openings required by the Virginia Public 52 Procurement Act shall be held telephonically or electronically. Instructions on 53 how to participate shall be distributed prior to the start of any such meeting or 54 bid opening. 55 56 5. The provisions of this ordinance shall expire upon declaration by the Governor 57 that the emergency in the Commonwealth is ended, or on September 30, 2020, 58 whichever is earlier. 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 31 s t day of M a r c h , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j/i1CAM ea) /1/ 44 Office of the City Manager City Attorney's Office CA 15043 R-1 March 24, 2020 fir 4�0 . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Amending the Due Date for Recommendations from the Convention and Visitors Bureau Community Task Force MEETING DATE: September 15, 2020 • Background: On July 7, 2020, the City Council adopted a resolution establishing the CVB Community Task Force to advise the City Council regarding the transitioning of the Convention & Visitors Bureau to a new organizational structure. That resolution required the task force to report back to the City Council with its recommendations on a new organizational structure no later than the last City Council meeting in October. Since the adoption of that resolution, the City Council has twice adopted additional resolutions that added more members, and those new members were appointed by the City Council during its September 1, 2020 meeting. Because the final appointments to the task force were made recently, and because of the complexities of evaluating the various organizational structure options, it is not feasible for the task force to complete its work by the deadline set in the July resolution • Considerations: This resolution requires the task force to report back to the City Council with its recommendation on a new organizational structure no later than the first City Council workshop meeting in January 2021. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Adopt the resolution. • Attachments: Resolution Recommended Action: Approval �, Submitting Department: City Manager's Office/3J"3 City Manager: 019 1 A RESOLUTION AMENDING THE DUE DATE FOR 2 RECOMMENDATIONS OF THE CONVENTION AND 3 VISITORS BUREAU COMMUNITY TASK FORCE 4 5 WHEREAS, on July 7, 2020, the City Council adopted a resolution establishing 6 the CVB Community Task Force to advise the City Council regarding the transitioning of 7 the Convention &Visitors Bureau to a new organizational structure; 8 9 WHEREAS, that resolution required the task force to report back to the City 10 Council with its recommendations on a new organizational structure no later than the last 11 City Council meeting in October; 12 13 WHEREAS, since the adoption of that resolution, the City Council has twice 14 adopted additional resolutions that added more members, and those new members were 15 appointed by the City Council during its September 1, 2020 meeting; and 16 17 WHEREAS, because the final appointments to the task force were made recently, 18 and because of the complexities of evaluating the various organizational structure 19 options, it is not feasible for the task force to complete its work by the deadline set in the 20 July resolution; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the task force shall report back to the City Council with its recommendation 26 on a new organizational structure no later than the first City Council workshop meeting in 27 January 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --- City Manager's Offi fr'414e,4*. V— City Attorney's Office CA15161 R-2 September 9,2020 424 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Renew a Permit Allowing ISC Medical Transport, LLC to Operate in the City of Virginia Beach MEETING DATE: September 15, 2020 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: A renewal application has been received and evaluated by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support by ISC Medical Transport, LLC, and EMS recommends renewal of the permit. Due to an administrative error, this application was inadvertently excluded from the set of renewal permits considered by the City Council on June 2, 2020. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services ‘,/4- City Manager:eF OZOZ 'L£}snBny L-2! L919WO y1O s,Aawo Af!O SeO!MOS !eolP6W uaeJaw3 i :AON3IOIddfS TV03101 Sy(13AO2Iddy :1N31NO0 01 SV a3AO2Iddy 'OZOZ ' ;o AeP sly;uo'elul6JlA'yoea8 e!u!6!AJo Amp eyl jo Ilouno0 AflO eyl Aq Pa}dopy 'ZZOZ '0£ Gun(' of 0Z0Z 'L Ain f wo.4 anlfaeJe aq Ileys }luued s!y1;e4•1 'Z £Z ZZ pUs 4.OT1 LZ 'podsueJl IeolPaW OSI of}lwiad peMeuei e s}uei6 Aga,Jay 1puno0 A}!O ay};eta 'L OZ 6L :HOV39 VINI$ IIA 81. d0 A110 3H1 dO 1I0Nn0O A11O 3H1 A9 a3AVOS32I 11 38'3210d3N3H1'MON L L 91 •s11eo poddns al!! aouenpe pue olseq yloq apnlou! yoigM 'spodsuai g L A}l11oej Ja}u! Aoua&Jewe-uou se Lions `spenbs enosai Jaelunion s,A49 aye Aq papinoud tit, }au seovues suuoped Aoue6e aouvingwe a;enud pals!!-enoge ayl 'Sy3U3HM E ZL pue :0ii 'podsueil I.L IeolPaW OSI waaJ peniaoai ueeq sag Iemeual}limed jo,uo!}eolldde ue 'Sy32I3HM 0 L 6 pus 'slseq lenuuelq 8 e uo peMausu eq}snw s}lwaed Lions pue `!louno0 Af!O wail}limed e u!e}go}say.lsnw A110 L ay}u!q}im aplyen seolMes Ieoipaw Aoue66ewe Aue Jo Aoue6e SOOWBS IeolPaW Aouellietue 9 ue seleiedo leyl uopezlueEuo Aue'Z g'01. uo!}oes apo0 AIIO of}uensJnd'SV3):13HM 9 tr HOV39 VINIO IIA d0 Al10 3H1 NI 31b2I3d0 01011 '1210dSNY211 ly0Ia3W OSI ONIMOTZV 1IW213d V M3N321 01 NOI1f110S321 V L DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Isc Medical Transport Indicate if you receive any of the following services, and If so, from whom: , YES NO SERVICE PROVIDER (use additional sheets If needed) Accounting and/or preparation of x tax returns Malvin and Riggins Financial Services (include bank 1�{-, rya NO K institutions, lending institutions, unL� Cr�� and current mortgage holders as applicable) L1CrK# r1 ,Vie►. x Legal Services . CERTIFICATION: i certify that ak of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. it_ o APRacAur5 SIGNATURE r ►' Jec(Jn /4O1)O1A ' 9416/;;o20 LNTNAME OATS cr Annart with !Vigra g[ , .,rr .:,4---'2,.."-1.:. s3 4 , 4•. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the Council of the City of Virginia Beach, Virginia, Authorizing the Distribution of a Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of Its Water and Sewer Revenue and Refunding Bonds, Series of 2020 MEETING DATE: September 15, 2020 • Background: In accordance with the City's Capital Improvement Program, the City Council periodically authorizes the issuance of Water and Sewer Utility Revenue Bonds to finance certain capital improvements for the water and sewer system. The Department of Finance, in conjunction with the Department of Public Utilities, has identified the need for such action and, with the Office of the City Attorney, has developed a financing plan that includes water and sewer revenue bonds to take advantage of favorable market rates. This sale will not exceed $50 million of new money bonds, utilizing previous Council water and sewer revenue bond authorizations from 2013 through 2015. • Considerations: The enclosed resolution provides for the issuance and sale of the 2020 Series of water and sewer revenue bonds. The resolution provides for the distribution of the Preliminary Official Statement (POS) along with other necessary actions. The resolution also amends the Master Water and Sewer Revenue Bond Resolution to provide for the 2020 series of bonds and to allow the interest and principal payments on each Series of Bonds and Parity Obligations to be paid on their due date, rather than accrued by fractional monthly payments to the Fiscal Agent throughout the year. The City's consulting engineers, Arcadis, U.S., Inc. have prepared a Financial Feasibility Report on the water and sewer system and have concluded that the existing water and sewer rates and charges are sufficient to support the debt service costs on the 2020 bonds. The bond sale is scheduled for October 14th. The overall interest rate (true interest cost) for the combined series will not exceed 3.50% per year (taking into account any original issue discount or premium). The final maturities will be no later than the year 2045 for the new money bonds and 2035 for the refunding bonds and will be sold at a price not less than 100% of the aggregate principal amount thereof. The results of the sale will be provided to the City Council. After today's Council action, no further vote of the Council will be necessary. • Public Information: Public information will be handled through the normal Council agenda process. Additionally, the resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Draft of Twelfth Supplemental Resolution; Draft Continuing Disclosure Agreement; Draft Notice of Sale Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager: iv RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE CITY OF VIRGINIA BEACH, VIRGINIA, OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020 WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City") has adopted on the date hereof a Twelfth Supplemental Resolution (the "Twelfth Supplemental Resolution") supplementing and amending the City's Master Water and Sewer Bond Resolution originally adopted on February 11, 1992, as previously supplemented and amended, pursuant to which the City will issue its (a) Water and Sewer System Revenue Bonds, Series of 2020A, in a maximum principal amount of$50,000,000 (the "Series 2020A Bonds"), and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in a maximum principal amount of $61,000,000 (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the"Bonds"); and WHEREAS, in connection with the adoption by the Council of the Twelfth Supplemental Resolution, there have been presented to or otherwise made available to this meeting drafts of the following documents: (a) Notice of Sale to be dated on or about October 7, 2020 (the "Notice of Sale"), relating to the advertisement of the public offering of the Bonds; (b) Preliminary Official Statement to be dated on or about October 7, 2020, relating to the public offering of the Bonds, including, as an Appendix, a Financial Feasibility Study prepared by Arcadis U.S., Inc., to be dated on or about October 7, 2020 (collectively, the "Preliminary Official Statement"); and (c) Continuing Disclosure Agreement to be dated on or about October 28, 2020, pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"), for the benefit of the holders of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The City Manager, in collaboration with Public Resources Advisory Group, the City's financial advisor (the "Financial Advisor"), is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale, which is approved, provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City, including, without limitation, such changes as may be necessary to prepare and distribute at the option of the City Manager separate Notices of Sale for the refunding and new money series of the Bonds. 1 2. The City authorizes the distribution of the Preliminary Official Statement in form deemed "near final" as of its date, within the meaning of the Rule, to prospective purchasers of the Bonds, with such completions, omissions, insertions and changes as may be approved by the City Manager. Such distribution shall constitute conclusive evidence of the approval of the City Manager as to any such completions, omissions, insertions and changes and that the City has deemed the Preliminary Official Statement to be near final as of its date. 3. The City Manager, in collaboration with the Financial Advisor, is hereby authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement necessary to reflect the terms of the sale of the Bonds and the details thereof appropriate to complete it as an official statement in final form (the "Official Statement") and to execute and deliver the Official Statement to the purchasers of the Bonds. Execution of the Official Statement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes and that the Official Statement has been deemed final by the City as of its date within the meaning of the Rule. 4. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute the Continuing Disclosure Agreement, the form of which is approved, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 5. The officers of the City are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bonds, including without limitation(a) execution and delivery of a certificate setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of Code, and regulations thereunder, applicable to "arbitrage bonds," (b)making any elections that such officers deem desirable under the Code, including, without limitation, under any provision requiring rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds or any provision permitting treatment of the Bonds as a "multipurpose issue," and (c) filing Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of bond counsel. 6. To ensure compliance with federal tax law after the Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply such Post-Issuance Compliance Policies and Procedures as may be adopted by the Council from time to time to monitor the use of the proceeds of the Bonds, including the use of the projects financed with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 7. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of proceeds of the Series 2020A Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 2 8. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto. 9. All other actions of the officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, and the plan of financing and refinancing related thereto, are hereby approved and ratified. 10. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the th day of September,2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: at4:c..4.... Finance Department ey's O CA15128 R-1 September 3, 2020 3 CERTIFICATE OF RESOLUTION The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the "City"), hereby certifies that: 1. A regular meeting of the Council was duly called and held on September 15, 2020 (the "Meeting"), at which a quorum was present and acting at all times. 2. Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, Authorizing the Distribution of a Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of its Water and Sewer System Revenue and Refunding Bonds, Series of 2020," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor James L. Wood, Vice Mayor Jessica P. Abbott Michael F. Berlucchi Barbara M. Henley Louis R. Jones John D. Moss Aaron R. Rouse Guy King Tower Rosemary Wilson Sabrina D. Wooten 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September 2020. Clerk, Council of the City of Virginia Beach, Virginia (SEAL) CITY OF VIRGINIA BEACH, VIRGINIA TWELFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $[101,000,000] IN AGGREGATE PRINCIPAL AMOUNT OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON SEPTEMBER 15, 2020 TABLE OF CONTENTS Page ARTICLE I TWELFTH SUPPLEMENTAL RESOLUTION 2 Section 12.101 Twelfth Supplemental Resolution 2 Section 12.102 Meaning of Terms; Definitions 2 Section 12.103 Reference to Articles and Sections 3 ARTICLE II 2020 PROJECT 3 Section 12.201 Authorization of 2020 Project 3 ARTICLE III ISSUANCE AND SALE OF SERIES 2020 BONDS 3 Section 12.301 Issuance and Sale of Series 2020 Bonds 3 Section 12.302 Details of Series 2020 Bonds. 3 Section 12.303 Book Entry System. 4 Section 12.304 Registrar. 5 Section 12.305 Form of Series 2020 Bonds 5 Section 12.306 Security for Series 2020 Bonds 5 Section 12.307 Application of Proceeds. 5 ARTICLE IV REDEMPTION OF SERIES 2020 BONDS 6 Section 12.401 Optional Redemption Provisions. 6 Section 12.402 Mandatory Redemption. 6 Section 12.403 Selection of Series 2020 Bonds for Redemption. 6 Section 12.404 Notice of Redemption. 7 ARTICLE V FEDERAL TAX PROVISIONS 7 Section 12.501 Limitation of Use of Proceeds. 7 Section 12.502 Rebate Requirement. 8 Section 12.503 Calculation and Payment of Rebate Amount. 8 ARTICLE VI AMENDMENTS TO MASTER RESOLUTION 9 Section 12.601 Effective Date of Amendments 9 Section 12.602 Notice of Amendments to Bondholders 9 Section 12.603 Amendments to Take Effect Upon Bondholder Consent. 10 ARTICLE VII MISCELLANEOUS 11 Section 12.701 Limitation of Rights 11 Section 12.702 SNAP Investment 11 Section 12.703 Severability. 12 Section 12.704 Effective Date. 12 Appendix A - Form of the Series 2020A Bonds A-1 Appendix B -Form of the Series 2020B Bonds B-1 Appendix C -Notice to Bondholders C-1 (i) TWELFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $[101,000,000] IN AGGREGATE PRINCIPAL AMOUNT OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2020, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council has been advised that it would be advantageous for the City to issue its (a) Water and Sewer System Revenue Bonds, Series of 2020A, in a maximum principal amount of$[50,000,000] (the "Series 2020A Bonds"), to finance the costs of the 2020 Project (as hereinafter defined) and to pay costs of issuance and fund debt service reserves, and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in a maximum principal amount of$[51,000,000] (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the "Series 2020 Bonds"), to obtain debt service savings by refunding the City's Water and Sewer System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt) (collectively,the"Refunded Bonds"); WHEREAS, the Council has previously adopted ordinances authorizing the City's issuance of water and sewer system revenue bonds in principal amounts sufficient to permit the issuance of the new Series 2020A Bonds; WHEREAS, based upon the premises described above, the Council has determined that it is desirable and in the best interests of the City to undertake the issuance of the Series 2020 Bonds for the purposes set forth above; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: ARTICLE I TWELFTH SUPPLEMENTAL RESOLUTION Section 12.101 Twelfth Supplemental Resolution. This Twelfth Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to each series of the Series 2020 Bonds and to the holders thereof, except as otherwise provided herein. Section 12.102 Meaning of Terms; Definitions. All capitalized terms used herein and not defined either in this Section or elsewhere in this Twelfth Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Twelfth Supplemental Resolution. "2020 Project" shall have the meaning set forth in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series 2020 Bonds, or its successors or assigns in such capacity. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2020 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2020 Bonds, in each case calculated under Section 12.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 12.503. "Refunded Bonds" shall mean, collectively, athe City's Water and Sewer System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt). "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying agent and bond registrar for the Series 2020 Bonds. "Series 2020 Bonds" shall mean, collectively, the Series 2020A Bonds and the Series 2020B Bonds. "Series 2020A Bonds" shall mean the City's Water and Sewer System Revenue Bonds, Series of 2020A, in the amounts to be issued in accordance with the provisions of Article III. "Series 2020B Bonds" shall mean the City's Water and Sewer System Refunding Revenue Bonds, Series of 2020B, in the amounts to be issued in accordance with the provisions of Article III. 2 "Twelfth Supplemental Resolution" shall mean this Twelfth Supplemental Resolution, which supplements the Master Resolution. Section 12.103 Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Twelfth Supplemental Resolution. ARTICLE II 2020 PROJECT Section 12.201 Authorization of 2020 Project. The Council has authorized certain acquisitions, improvements, extensions, additions and replacements to the System (as defined in the Master Resolution) as part of the approved capital improvement program of the City, and further authorizes the 2020 Project, which shall include the payment of the Costs of any such projects, or reimbursements of the same for which the Council has adopted official intent resolutions, together with costs of issuance and the funding of debt service reserves (collectively,the "2020 Project"). ARTICLE III ISSUANCE AND SALE OF SERIES 2020 BONDS Section 12.301 Issuance and Sale of Series 2020 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $[101,000,000], consisting of the City's (a) Water and Sewer System Revenue Bonds, Series of 2020A (the "Series 2020A Bonds"), in a maximum principal amount of$[50,000,000], the proceeds of which shall be used to pay the Cost of the 2020 Project; and (b) Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the "Series 2020B Bonds"), in a maximum principal amount of $[51,000,000] (the "Series 2020B Bonds"), the proceeds of which shall be used to refund the Refunded Bonds. All such Series 2020 Bonds shall constitute Bonds, as defined in the Master Resolution. Section 12.302 Details of Series 2020 Bonds. (a) Subject to the provisions of paragraph (e)below, the Series 2020A Bonds shall be designated as the "Water and Sewer System Revenue Bonds, Series of 2020A," shall be numbered RA-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $[50,000,000], shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Subject to the provisions of paragraph (e)below, the Series 2020B Bonds shall be designated as the "Water and Sewer System Refunding Revenue Bonds, Series of 2020B," shall be numbered RB-1 upward, shall be dated, shall be in an aggregate principal amount not to 3 exceed $[51,000,000], shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City (c) Principal of the Series 2020 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series 2020 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (d) Except as otherwise provided herein, the Series 2020 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. (e) The Series 2020 Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Series 2020 Bonds and award each series of the Series 2020 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost for such series, subject to the following limitations. Each series of the Series 2020 Bonds shall (a)have a per annum true interest cost not exceeding [3.50]% (taking into account any original issue discount or premium), calculated independently for each series, (b)be sold at a net price of not less than 100% of the aggregate principal amount thereof, and(c)mature no later than October 1, 20[45]. Section 12.303 Book Entry System. Initially, one Series 2020 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2020 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2020 Bonds will not receive physical delivery of the Series 2020 Bonds. So long as DTC is acting as securities depository for the Series 2020 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2020 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2020 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2020 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that(a) DTC determines not to continue to act as securities depository for the Series 2020 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the 4 City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2020 Bonds is not in the best interest of the City or the beneficial owners of the Series 2020 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix A or Appendix B, as applicable, with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series 2020 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series 2020 Bonds (a) it shall be the registered owner of the Series 2020 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Twelfth Supplemental Resolution to holders of the Series 2020 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2020 Bonds. Section 12.304 Registrar. The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent and bond registrar for the Series 2020 Bonds is approved. Section 12.305 Form of Series 2020 Bonds. (a) The Series 2020A Bonds shall be in substantially the form set forth in Appendix A with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. (b) The Series 2020B Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof Section 12.306 Security for Series 2020 Bonds. The Series 2020 Bonds shall be issued pursuant to the Master Resolution and this Twelfth Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations. Section 12.307 Application of Proceeds. The proceeds of the Series 2020 Bonds shall be applied as follows: 5 (a) The proceeds of the Series 2020A Bonds(after netting any original issue premium or discount and deducting the applicable underwriting discount) shall be applied as follows: (i) If other City funds are not utilized for such purpose, the amount of Series 2020 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the total Debt Service Reserve Requirement for all Series of Bonds, shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund; and (ii) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2020 Project and to pay expenses incident to issuing the Series 2020 Bonds. (b) The proceeds of the Series 2020B Bonds(after netting any original issue premium or discount and deducting the applicable underwriting discount) shall be applied to pay the principal of and accrued interest on the Refunded Bonds on their optional redemption date. ARTICLE IV REDEMPTION OF SERIES 2020 BONDS Section 12.401 Optional Redemption Provisions. The Series 2020 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined and agreed upon by the City Manager, in whole or in part at any time at redemption prices equal to no greater than 100% of the principal amount of the Series 2020 Bonds, together with any accrued interest to the redemption date. Section 12.402 Mandatory Redemption. The Series 2020 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. Section 12.403 Selection of Series 2020 Bonds for Redemption. If less than all of the Series 2020 Bonds of a Series are called for redemption, the Series 2020 Bonds of a Series to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series 2020 Bonds of a particular maturity are called for redemption, the Series 2020 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. 6 The portion of any Series 2020 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2020 Bonds for redemption, each Series 2020 Bond shall be considered as representing that number of Series 2020 Bonds which is obtained by dividing the principal amount of such Series 2020 Bond by $5,000. If a portion of a Series 2020 Bond shall be called for redemption, a new Series 2020 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 12.404 Notice of Redemption. (a) The Registrar shall send notice of the call for redemption identifying the Series 2020 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2020 Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or(2)the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series 2020 Bondholders. Any Series 2020 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2020 Bondholders that the redemption did not occur and that the Series 2020 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 12.501 Limitation of Use of Proceeds. The City covenants with the holders of the Series 2020 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2020 Bonds (including failure to spend the same with due 7 diligence) the taking or omission of which would cause the Series 2020 Bonds of any Series to be"arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2020 Bonds of any Series to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2020 Bonds of any Series to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2020 Bonds. (b) The City shall not permit the proceeds of the Series 2020 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2020 Bonds from gross income for federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2020 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 12.502 Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment in full of the Series 2020 Bonds. Section 12.503 Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series 2020 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2020 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate 8 Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or(2) a bona fide arbitrage rebate calculation reporting service. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment in full of the Series 2020 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment in full of the Series 2020 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment in full of the Series 2020 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2020 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. ARTICLE VI AMENDMENTS TO MASTER RESOLUTION Section 12.601 Effective Date of Amendments. Notwithstanding anything herein to the contrary, pursuant to Section 1102 of the Master Resolution, the amendments provided in this Article shall be effective only upon the consent of the holders of a majority in aggregate principal amount of Bonds then Outstanding. The initial holders of the Series 2020 Bonds by their purchase thereof shall be deemed to have consented to the amendments provided in this Article. Section 12.602 Notice of Amendments to Bondholders. The City previously received the consent of the initial holders of its $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, to the amendments provided in this Article (which also appeared in Article VI of the Eleventh Supplemental Resolution dated May 3, 2016). With the issuance of the Series 2020 Bonds and the redemption of the Refunded Bonds, not less than a majority in aggregate principal amount of the Outstanding Bonds shall have consented to the amendments provided in this Article; therefore, the City shall cause the "Notice to Bondholders" attached hereto as Appendix C to be sent by facsimile or electronic 9 transmission, registered or certified mail or overnight express delivery to the holders (the same being DTC or its nominee, as stated in Section 12.303 above, so long as DTC is the securities depository for the Series 2020 Bonds) of any then Outstanding Bonds other than those that have previously provided consent, i.e., the $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013. The City shall also cause such Notice to Bondholders to be filed in electronic format with the Municipal Securities Rulemaking Board for dissemination on its Electronic Municipal Market Access (EMMA) System. Section 12.603 Amendments to Take Effect Upon Bondholder Consent. Section 604 of the Master Resolution is hereby amended and restated in its entirety to read as follows: "Section 604. Revenue Fund. The City shall collect and deposit all Pledged Revenues in the Revenue Account of the Revenue Fund at least weekly. Moneys in the Revenue Fund shall be used only in the manner and priority set forth below. The City shall pay when due Operating Expenses from the Revenue Account in accordance with the Annual Operating Budget. Provided that the City shall retain at all times in the Revenue Account an amount equal to the estimated amount of Operating Expenses for the next succeeding two months as provided in the Annual Operating Budget, the City shall make the following transfers from the Revenue Fund when required, in the following order of priority: (a) to the Fiscal Agent for deposit in the Revenue Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Revenue Bond Fund, the amount of interest, if any, due on each Series of Bonds; and (2) then, to the Principal Account in the Revenue Bond Fund, the amount of principal, if any, due on each Series of Bonds. (b) to the Fiscal Agent for deposit in the Parity Double Barrel Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Parity Double Barrel Bond Fund, the amount of interest, if any, due on each issue of Parity Double Barrel Bonds; and (2) then, to the Principal Account in the Parity Double Barrel Bond Fund, the amount of principal, if any, due on each issue of Parity Double Barrel Bonds or Parity Double Barrel Term Bonds. (c) to the Fiscal Agent for deposit in the Parity Debt Service Component Fund, the amount, if any, due on any Parity Debt Service Component; 10 (d) to the Fiscal Agent for deposit in the Debt Service Reserve Fund, the amount, if any, necessary to increase the amount on deposit in the Debt Service Reserve Fund to the Debt Service Reserve Requirement; (e) to the Subordinate Debt Fund the amount, if any, of principal of and interest due on any Subordinate Debt; (f) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Renewal and Replacement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); (g) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Capital Improvement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); and (h) by the August 15 following the end of each Fiscal Year, to the Residual Account any amount remaining in the Revenue Account." ARTICLE VII MISCELLANEOUS Section 12.701 Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Twelfth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2020 Bonds any legal or equitable right, remedy or claim under or in respect to this Twelfth Supplemental Resolution or any covenant, condition or agreement herein contained, this Twelfth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2020 Bonds as herein provided. Section 12.702 SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 11 Section 12.703 Severability. If any provision of this Twelfth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 12.704 Effective Date. This Twelfth Supplemental Resolution shall take effect immediately. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City Attorney's Office CA R- , 2020 12 APPENDIX A FORM OF SERIES 2020A BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co.,has an interest herein. REGISTERED REGISTERED RA-_ $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2020A INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 1, _, 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment A-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $ Water and Sewer System Revenue Bonds, Series of 2020A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, and (iii) $ Water and Sewer System Refunding Revenue Bonds, Series of 2020B (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds maturing on and after October 1, 2031, are subject to redemption beginning October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. A-2 [Bonds maturing on October 1, 20_ are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 12.402 of the resolution adopted on September 15, 2020, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount ] The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3)to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. A-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: A-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Registrar By Authorized Signature A-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-7 APPENDIX B FORM OF SERIES 2020B BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RB- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Refunding Bond, Series of 2020B INTEREST RATE MATURITY DATE DATED DATE CUSIP 0/0 October 1, _,2020 _ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment B-1 date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of$ Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of refunding certain prior bonds, as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016, and (iii) $ Water and Sewer System Revenue Bonds, Series of 2020A (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds maturing on and after October 1, 2031, are subject to redemption beginning October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. B-2 [Bonds maturing on October 1, 20_, are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 12.402 of the resolution adopted on September 15, 2020, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount I The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. B-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] B-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach,Virginia Date Authenticated: B-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Registrar By Authorized Signature B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 APPENDIX C NOTICE TO BONDHOLDERS NOTICE OF AMENDMENT TO MASTER RESOLUTION CITY OF VIRGINIA BEACH,VIRGINIA Water and Sewer System Revenue and Refunding Bonds, Series of 2013 ICUSIPS &Maturities] The Bank of New York is Bond Registrar for the above-captioned bonds (the "Bonds"), which were issued under a Master Resolution adopted by the City Council (the "City Council") of the City of Virginia Beach, Virginia (the "City"), on February 11, 1992, as previously supplemented and amended (the "Master Resolution"). The purpose of this Notice is to notify Bondholders that the Master Resolution has been amended. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Master Resolution. The amendments to the Master Resolution provide that(i) interest and principal payments on each Series of Bonds and Parity Obligations will be transferred from the Revenue Account to the respective Bond Debt Service Account on their due date, rather than transferred to those accounts in fractional amounts on a monthly basis throughout the year, (ii) deposits to the Renewal and Replacement Account will be made by July 31 of each Fiscal Year in the full amount budgeted by the City in accordance with its capital improvement program for such Fiscal Year, rather than a fixed amount of$2,000,000 to be restored in fractional amounts over a twelve month period, (iii) deposits to the Capital Improvement Account will be made by July 31 of each Fiscal Year, rather than on the 25th day of the first full month after the City Council's approval of the capital improvement program, and (iv) deposits to the Residual Account will be made by the August 15 following the end of each Fiscal Year, rather than on the 25th day of the last month of such Fiscal Year. A copy of the Master Resolution and the amendments may be obtained from the Clerk of the City upon written request (addressed to the attention of the Department of Finance, Municipal Center, Virginia Beach, Virginia 23456), together with satisfactory evidence that the requestor is a holder of a Bond. No amendments were made to the terms of the Bonds. CUSIP Numbers are included solely for the convenience of the Bondholders. Neither the City nor The Bank of New York shall be responsible for the selection or use of the CUSIP Numbers, nor is any representation made as to its correctness on any bond or as indicated in any notice. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., as Registrar Dated: October , 2020 C-1 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated October _, 2020 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia(the"City"), in connection with the issuance by the City of its Water and Sewer System Revenue Bonds, Series of 2020A, and its $ Water and Sewer System Revenue Bonds,Series of 2020B(collectively,the"Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual fmancial information and event notices required by the Rule (collectively,"Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain fmancial information and operating data in accordance with the provisions of Section(b)(5)(i)of the Rule as follows: (i) audited fmancial statements of the City's water and sewer enterprise fund,prepared in accordance with generally accepted accounting principles;and (ii) the operating data with respect to the water and sewer system described in the City's Official Statement dated October_,2020,entitled"Ten Largest Utility(Water)Customers,""Rate History,""Water Resource Recovery Fees," "Water and Sewer Debt," "Water and Sewer Enterprise Fund Debt Service Requirements" and "System Operating Revenues,Expenses and Coverage." If the fmancial statements filed pursuant to Section 2(a)(i)are not audited,the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the fmancial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year,commencing with the City's fiscal year ending June 30,2020. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC; provided, however, that any fmal official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults,if material; (c) unscheduled draws on debt service reserves reflecting fmancial difficulties; (d) unscheduled draws on any credit enhancement reflecting fmancial difficulties; (e) substitution of credit or liquidity providers,or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or fmal determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds,or other material events affecting the tax status of the Bonds; (g) modifications to rights of Bondholders,if material; (h) bond calls,if material,and tender offers; (i) defeasance of all or any portion of the Bonds; (j) release,substitution,or sale of property securing repayment of the Bonds,if material; (k) rating changes; (1) bankruptcy,insolvency,receivership or similar event of the City; (m) the consummation of a merger,consolidation,or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a defmitive agreement relating to any such actions,other than pursuant to its terms,if material; (n) appointment of a successor or additional trustee or the change of name of a trustee,if material; (o) incurrence of a fmancial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a fmancial obligation of the City, any of which affect security holders,if material;and (p) default,event of acceleration,termination event,modification of terms,or other similar events under the terms of the financial obligation of the City,any of which reflect financial difficulties. The term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or source of payment for, an existing or planned debt obligation; or (iii) guarantee of(i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defeasance(within the meaning of the Rule)or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder(within the meaning of the Rule) or beneficial holder of Bonds then outstanding may,by notice to the City,proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and(ii)shall not give rise to any right or remedy other than that described in Section 6(a)above. Section 7. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure, notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access(EMMA)system pursuant to procedures promulgated by the MSRB. 2 Section 8. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary,the City shall not incur any obligation to continue to provide,or to update,such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager,City of Virginia Beach,Virginia 3 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH WATER AND SEWER SYSTEM REVENUE BONDS $ $ ` Water and Sewer System Revenue Bonds, Water and Sewer System Refunding Revenue Bonds, Series of 2020A Series of 2020B Electronic bids only will be received by the City of Virginia Beach,Virginia(the"City"),in accordance with this Official Notice of Sale until 10:30 A.M.,Eastern Time,on Wednesday,October 14,2020(the"Date of Sale")for the sale of the$ * aggregate principal amount of City of Virginia Beach,Virginia,Water and Sewer System Revenue Bonds and Refunding Revenue Bonds consisting of(a)$ *Water and Sewer System Revenue Bonds, Series of 2020A(the"Series 2020A Bonds")and(b)$ *Water and Sewer System Refunding Revenue Bonds, Series of 2020B (the"Series 2020B Bonds"and together with the Series 2020A Bonds, the"Bonds"). Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 5:00 p.m., Eastern Time,on the Date of Sale. Unless otherwise defined in this Official Notice of Sale,all capitalized teens shall have the meanings as set forth in the Preliminary Official Statement, dated October 7, 2020 (the "Preliminary Official Statement"), containing information related to the Bonds. Bid Submission Solely as an accommodation to bidders, electronic bids via PARITY® Competitive Bidding System ("PARITY®") will be accepted in accordance with this Official Notice of Sale. The City is using PARITY® as a communication mechanism to conduct the electronic bidding for the sale of the Bonds.To the extent any instructions or directions set forth in PARITY®conflict with this Official Notice of Sale,the terms of this Official Notice of Sale shall control.Each bidder submitting an electronic bid agrees(i)that it is solely responsible for all arrangements with PARITY®, (ii) that PARITY® is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of PARITY®.The City assumes no responsibility for,and each bidder expressly assumes the risks of and responsibility for,any incomplete,inaccurate or untimely bid submitted by such bidder through PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY®for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor PARITY® shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor PARITY® shall be responsible for proper operation of,or have any liability for,any delays or interruptions of,or any damages caused by,PARITY®.For further information about PARITY®,potential bidders may contact PARITY®at(212)849-5021. Any bid submitted pursuant to this Official Notice of Sale shall be considered a firm bid for the purchase of the Bonds. By submitting a bid for the Bonds,a bidder represents and warrants to the City that the bidder has an established industry reputation for underwriting new issuances of municipal bonds and such bidder's bid is submitted for and on behalf of such bidder by an officer or agent who is duly authorized to bind the bidder to a legal,valid and enforceable contract for the purchase of the Bonds. Once the bids are communicated electronically via PARITY®to the City,each bid will constitute an irrevocable offer to purchase the Bonds on the terms herein and therein provided. •Subject to adjustment as set forth herein. Principal Redemption The Bonds will be limited obligation bonds of the City, dated the date of delivery, which is expected to be October 28,2020(the"Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on October 1 in the years and amounts shown below. Series 2020A Series 2020B October 1 Bonds' October 1 Bonds' 2021 $ 2021 $ 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 2031 2031 2032 2032 2033 2033 2034 2034 2035 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Serial Bonds,Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide for all of the Series 2020A Bonds or all of the Series 2020B Bonds to be issued as serial bonds or may designate consecutive annual principal amounts of any series to be combined into one or more term bonds. Maturities on the term bonds for the Series 2020A Bonds and the Series 2020B Bonds will NOT be required to match. In the event that a bidder chooses to specify a term bond,each such term bond shall be subject to mandatory sinking fund redemption commencing on October 1 of the first year which has been combined to form such term bond and continuing on October 1 in each year thereafter until the stated maturity of such term bond.The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. The Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the maturities of the term bond being redeemed. Adjustment of Principal Amount Prior to Opening of Bids The preliminary aggregate principal amount of the Bonds and the preliminary annual principal maturities of the Bonds,each as set forth in this Official Notice of Sale,may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of the bids will be published via TM3 Newswire (or some other municipal newswire recognized by the municipal securities industry)and via PARITY®no later than 9:30 a.m.,Eastern Time, on the Date of Sale.In the event that no such revisions are made,the preliminary amounts will constitute the amounts that shall be used for the bid and award of the Bonds,subject to further adjustment,as described below. *Subject to adjustment as set forth herein. Adjustment of Principal Amount After Award The City reserves the right,after the award of the Bonds to the successful bidder,to increase or decrease,by up to fifteen percent(15%)the aggregate principal amount of the Series 2020A Bonds and to increase or decrease by up to fifteen percent(15%)the aggregate principal amount of the Series 2020B Bonds being offered hereby.Any such increase or decrease in the principal amount of particular maturities of the Series 2020A Bonds and the Series 2020B Bonds will be communicated to the successful bidder by 5:00 p.m., Eastern Time, on the Date of Sale. The dollar amount bid for the principal of the Series 2020A Bonds and the Series 2020B Bonds by the successful bidder will be adjusted,as necessary,to reflect any increase or decrease in the principal amount of the applicable maturities of the Series 2020A Bonds and the Series 2020B Bonds so adjusted,but the interest rates specified by the successful bidder for each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder's compensation per $1,000 of par amount of the Series 2020A Bonds and will not change the successful bidder's compensation per$1,000 of par amount of the Series 2020B Bonds from that which would have resulted from the bid submitted.The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Description of the Bonds;Book-Entry Only System The Bonds will be issued pursuant to a Master Water and Sewer Revenue Bond Resolution adopted by the City Council on February 11, 1992 (the"Master Resolution"), as previously supplemented and amended and as supplemented and amended by a Twelfth Supplemental Resolution adopted by the City Council on September 15,2020(the"Twelfth Supplemental Resolution" and together with the Master Resolution and all previous supplements,collectively referred to herein as the"Resolution"). The Bonds will be issued by means of a book-entry system with no distribution of physical bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company,New York,New York("DTC"),or its nominee,and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of$5,000 or multiples thereof,with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants.Bond certificates registered in the name of Cede&Co.will be deposited with DTC.Interest on the Bonds will be paid semiannually on April 1 and October 1,beginning April 1,2021,and principal on the Bonds will be paid annually on October 1,beginning October 1, 2021, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC,its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City.Under such circumstances, in the event that a successor securities depository is not obtained,bond certificates are required to be prepared,executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository).In that case,either a successor depository will be selected by the City or bond certificates will be prepared,executed and delivered. Optional Redemption The Bonds that mature on and after October 1,2031,will be subject to redemption beginning October 1,2030, in whole or in part at any time, at the option of the City,upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date.The Bonds that mature on and before October 1,2030 are not subject to optional redemption. Selection of Bonds for Redemption;Notice of Redemption If less than all of the Bonds are called for redemption,the Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City.If less than all of the Bonds of a particular maturity are called for redemption,the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, by the City Treasurer,who has been appointed the registrar(the"Registrar"),by lot in such manner as the Registrar in its discretion may determine.In either case,each portion of the$5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by the Trustee to the holders by facsimile transmission, registered or certified mail or overnight express delivery,not less than 30 nor more than 60 days prior to the redemption date,to the registered owner thereof.Neither the City nor the Trustee shall be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds.If no qualified securities depository is the registered owner of the Bonds,notice of redemption shall be mailed to the registered owners of the Bonds.If a portion of a Bond is called for redemption,a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security The Bonds are limited obligations of the City,payable solely from Pledged Revenues of the System, subject to the prior application thereof to the payment of Operating Expenses, and reserves therefor, as provided in the Resolution. Neither the faith and credit of the Commonwealth of Virginia(the"Commonwealth")nor the faith and credit of any county, city, town or other subdivision of the Commonwealth, including the City, are pledged to the payment of principal of or interest on the Bonds. In the Resolution, the City covenants to fix, charge, collect and revise its fees,rates and other charges for the use of and for the services furnished by the System in each Fiscal Year so as to produce revenues sufficient to pay the cost of operation and maintenance,the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefor. Use of Bond Proceeds As described in more detail in the Preliminary Official Statement,the proceeds of the Bonds will be used to (a) fmance acquisitions, improvements, extensions, additions and replacements to the System, (b) refund certain outstanding principal amounts of indebtedness of the system,and(c)pay certain costs of issuance related to the Bonds. Bidding Rules;Award of Bonds Bidders may only bid to purchase all of the Bonds.Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth(1/20th)or one-eighth(1/8th)of one percent. Each bidder must specify in its bid a single rate for each maturity of the Series 2020A Bonds and a single rate for each maturity of the Series 2020B Bonds. For the Series 2020A Bonds,any number of rates may be named,provided that (a)no interest rate for any maturity may be lower than 3.00% and(b)no interest rate for any maturity may exceed 5.00%. For the Series 2020B Bonds, any number of rates may be named, provided that(a) no interest rate for any maturity may be lower than 3.00%and(b)no interest rate for any maturity may exceed 5.00%. [In no event shall the "true"interest cost of the Bonds exceed[3.50%],calculated as described in the paragraph below]. No bid for less than 100%of par value of the principal amount of the Series 2020A Bonds and less than 100% of par value of the principal amount of the Series 2020B Bonds(computed on the basis of a 360-day year and twelve 30-day months)shall be considered.No bond of any maturity may be reoffered at a price less than 95%of the principal amount of such bond.The City reserves the right to reject any or all bids(regardless of the interest rate bid),to reject any bid not complying with this Official Notice of Sale and, so far as permitted by law,to waive any irregularity or informality with respect to any bid or the bidding process. Each bid must be unconditional. Unless all bids are rejected,the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest"true"interest cost to the City.True interest cost shall be determined for each bid by doubling the semiannual interest rate,compounded semiannually,necessary to discount the debt service payments from the payment dates to the Dated Date and to the aggregate price bid for the Bonds. If more than one bid offers the same lowest true interest cost,the successful bid will be selected by the City Manager by lot. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement,any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment.Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. As promptly as reasonably possible after the bids are received,the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds. All bids will remain firm until the award of the Bonds.An award of the Bonds,if made,will be made by the City Manager by the City by 5:00 p.m.,Eastern Time,on the Date of Sale. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of$ payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds,as instructed by the City's Financial Advisor.The successful bidder must submit the Good Faith Deposit not later than 4:00 P.M.,Eastern Time,on the Date of Sale.The successful bidder shall provide the federal funds reference number upon request of the City. If the successful bidder fails to comply with the terms of its bid,the Good Faith Deposit shall be retained by the City as full liquidated damages; otherwise, the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. Wiring instructions for the Good Faith Deposit may be obtained from Andrew T. Oliver, Debt and Financial Services Administrator (telephone(757)385-8228;email atoliver@vbgov.com). Delivery of the Bonds The Bonds will be delivered at the expense of the City,in New York,New York,through the facilities of DTC on or about October 28,2020. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost(a)a certificate dated the date of delivery of the Bonds,signed by the appropriate City officials and stating that no litigation of any kind is then pending or,to the best of their information,knowledge and belief,threatened against the City to restrain or enjoin the issuance or delivery of the Bonds and(b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System"and"Tax Exemption"and in the columns"Price/Yield"and"CUSIP No."on the inside cover),on the date of the Official Statement and on the date of delivery of the Bonds,were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made,not misleading. Such certificates will also state,however,that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is notaccurate. Issue Price Determination The City expects and intends that the bid for the Bonds will satisfy the federal tax requirements for a qualified competitive sale of bonds,including,among other things,receipt of bids for the Bonds from at least three underwriters, who have established industry reputations for underwriting new issuances of municipal bonds (a "Qualified Competitive Bid").The City will advise the successful bidder as promptly as possible after the bids are opened whether the bid constitutes a Qualified Competitive Bid, or, in the alternative, a bid that fails to satisfy such requirements(a "Nonqualified Competitive Bid"). If the bid is a Qualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder, and such bidder,upon such notice, shall advise the City within 30 minutes of the reasonably expected initial offering price to the public of each maturity of the Bonds. In addition, the winning bidder shall be required to provide to the City information to establish the initial expected offering price for each maturity of the Bonds for federal income tax purposes by completing a certificate acceptable to Bond Counsel to the City,on or before the date of issuance of the Bonds,substantially in the form set forth in Exhibit A to the Official Notice of Sale,with appropriate completions,amendments and attachments. If the bid is a Nonqualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder, and such bidder,upon such notice,shall advise the City within 30 minutes of the initial sale price or initial offering price to the public,as applicable,of each maturity of the Bonds. In addition,the winning bidder shall be required to provide to the City information and assurances to establish the initial sale price or the initial offering price to the public, as applicable, for each maturity of the Bonds for federal income tax purposes by completing a certification acceptable to Bond Counsel in substantially the form set forth in Exhibit B to the Official Notice of Sale, with appropriate completions, omissions and attachments. It is noted that procedures for a Nonqualified Competitive Bid may require the winning bidder and,if applicable,other underwriters of the Bonds,to hold the initial offering prices for certain maturities of the Bonds for up to five business days after the sale date, as further specified in the form of such certification. Undertakings of the Winning Bidder The successful bidder must,by electronic transmission received by the City within 2 hours after notification of fmal principal amounts of the Bonds, furnish the following information to the City to complete the Official Statement in fmal form,as described below: A. The offering prices for the Bonds(expressed as the price or yield per maturity,exclusive of any accrued interest). B. Selling compensation(aggregate total anticipated compensation to the underwriter expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described above). C. Any desired combination of annual principal installments of the Series 2020A Bonds or the Series 2020B Bonds bearing the same interest rate into term bonds with mandatory sinking fund redemption requirements. D. The identity of the underwriters if the successful bidder is a part of a group or syndicate. E. Any other material information necessary to complete the Official Statement in fmal form but not known to the City. F. Confirmation from the successful bidder that it will execute and deliver the applicable issue price certificate on or prior to the delivery date and will comply in all respects with the provisions of such certificate. CUSIP Numbers Public Resources Advisory Group,municipal advisor to the City, will timely apply for CUSIP numbers with respect to the Bonds as required by MSRB Rule G-34. The successful bidder will be responsible for the cost of assignment of such CUSIP numbers. It is anticipated that CUSIP numbers will be printed on the Bonds,but the failure to print such numbers on any Bond or any error with respect thereto shall not constitute cause for a failure or refusal by the successful bidder to accept delivery of and make payment for the Bonds. Official Statement The City will furnish the successful bidder at the expense of the City a reasonable number of copies of the fmal Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12,as amended(the"Rule"),of the Securities and Exchange Commission(the"SEC")and the rules of the MSRB provided that minor delays in furnishing such fmal Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds.Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The City expects the successful bidder to deliver copies of such Official Statement in fmal form(the "Final Official Statement")to persons to whom such bidder initially sells the Bonds and the Municipal Securities Rulemaking Board("MSRB")via the MSRB's Electronic Municipal Market Access System ("EMMA"). The successful bidder will be required to acknowledge receipt of such Final Official Statement, to certify that it has made delivery of the Final Official Statement to the MSRB via EMMA,to acknowledge that the City expects the successful bidder to deliver copies of such Final Official Statement to persons to whom such bidder initially sells the Bonds and to certify that the Bonds will only be offered pursuant to the Final Official Statement and only in states where the offer is legal. The successful bidder shall notify the City as soon as practicable of(1) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and(2)the date of filing the Official Statement with the MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Legal Opinion The approving opinion of Butler Snow LLP,Richmond, Virginia, Bond Counsel, with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as defined in the Preliminary Official Statement, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Resolution on a parity with other water and sewer revenue bonds of the City. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal or any state's securities laws. Tax Matters The Preliminary Official Statement contains a discussion of the effect of the Internal Revenue Code of 1986, as amended,on the exclusion from gross income of interest on the Bonds and contains the proposed form of the opinion of Butler Snow LLP,insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement,to provide certain annual fmancial information and operating data and notices of the occurrence of certain events.A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the fmal Official Statement for the Bonds (See Appendix G of the Preliminary Official Statement date October 7,2020). Except as otherwise may be described in the Preliminary Official Statement(to the extent that any described instance constitutes a material failure), as of the date hereof, the City is not aware of any instances in the previous five years in which it has failed to comply in any material respect with any previous undertaking entered into pursuant to Rule 15c2-12. Right to Change the Notice of Sale and Change of Date and Time for Receipt of Bids The City reserves the right to make changes to this Official Notice of Sale and reserves the right to change the date and time established for the receipt of bids. Any such changes will be announced via TM3, or any other such service not later than 9:30 a.m. (Eastern Time) on the Date of Sale. If the date and time fixed for receipt of bids is changed,any alternative date and time for receipt of bids will be announced via TM3,or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date and time in conformity with the provisions of this Official Notice of Sale,except for any changes announced via the TM3 newswire,or any other such service,as described therein. Additional Information For further information relating to the Bonds and the City,reference is made to the City's Preliminary Official Statement.The City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Notice of Sale and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Public Resources Advisory Group(telephone 212-566-7800). CITY OF VIRGINIA BEACH,VIRGINIA By:Patrick A.Duhaney City Manager Dated:October ,2020 Exhibit A To Official Notice of Sale Form of Issue Price Certificate For Qualified Competitive Sale CITY OF VIRGINIA BEACH WATER AND SEWER SYSTEM REVENUE BONDS $ $ ` Water and Sewer System Revenue Bonds, Water and Sewer System Refunding Revenue Bonds, Series of 2020A Series of 2020B ISSUE PRICE CERTIFICATE The undersigned, on behalf of (the "Initial Purchaser"), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the"Bonds"). 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by the Initial Purchaser are the prices listed in Schedule A(the"Expected Offering Prices").The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Initial Purchaser in formulating its bid to purchase the, Bonds. Attached as Schedule B is a true and correct copy of the bid provided by the Initial Purchaser to purchase the Bonds. (b) The Initial Purchaser was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Initial Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. (a) "Issuer"means the City of Virginia Beach. (b) "Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate Maturities. (c) "Public"means any person(including an individual, trust, estate,partnership,association, company, or corporation)other than an Underwriter or a related party to an Underwriter. The term"related party"for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (d) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (e) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this Subject to adjustment as set forth herein. paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of the Internal Revenue Service Form 8038- G,and other federal income tax advice that it may give to the City of Virginia Beach time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Expected Initial Offering Prices of the Bonds [Insert] SCHEDULE B Copy of Bid [Insert] Exhibit B To Official Notice of Sale Form of Issue Price Certificate For Nonqualified Competitive Sale CITY OF VIRGINIA BEACH WATER AND SEWER SYSTEM REVENUE BONDS $ $ Water and Sewer System Revenue Bonds, Water and Sewer System Refunding Revenue Bonds, Series of 2020A Series of 2020B ISSUE PRICE CERTIFICATE The undersigned,on behalf of (the"Initial Purchaser")[and other Underwriters,as defined below], hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the"Bonds"). 1. Sale of the General Rule Maturities. As of the date of this Certificate,for each Maturity of the General Rule Maturities,the first price at which 10%of such Maturity was sold by the Initial Purchaser to the Public is the respective price listed in Schedule A. 2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) The Initial Purchaser offered the Hold-the-Offering Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A(the"Initial Offering Prices")on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this Certificate as Schedule B. (b) As set forth in the Notice of Sale and bid award,the Initial Purchaser has agreed in writing that,(i)for each Maturity of the Hold-the-Offering-Price Maturities,it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the"hold-the-offering-price rule"), and (ii)any selling group agreement shall contain the agreement of each dealer who is a member of the selling group,and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement,to comply with the hold-the-offering-price rule.Pursuant to the foregoing,no Underwriter has offered or sold any Maturity of the Hold-the-Offering Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (c) "General Rule Maturities" means those Maturities of the Bonds shown in Schedule A hereto as the "General Rule Maturities." (d) "Hold-the-Offering-Price Maturities"means those Maturities of the Bonds listed in Schedule A hereto as the"Hold-the-Offering-Price Maturities." (e) "Holding Period" means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of(i) the close of the fifth business day after the Sale Date, or(ii) the date on which the Initial Purchaser has sold at least 10%of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. •Subject to adjustment as set forth herein. (f) "Issuer"means the City of Virginia Beach. (g) 'Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate maturities. (h) "Public"means any person (including an individual, trust, estate, partnership,association, company, or corporation)other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (i) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (j) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of Internal Revenue Service Form 8038-G, and other federal income tax advice it may give to the Issuer from time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Sale Prices of the General Rule Maturities [Insert] Initial Offering Prices of the Hold-The-Offering-Price Maturities [Insert] SCHEDULE B Pricing Wire or Equivalent Communication [See Attached] CERTIFICATE OF RESOLUTION The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the"City"), hereby certifies that: 1. A regular meeting of the Council was duly called and held on September 15, 2020 (the"Meeting"), at which a quorum was present and acting at all times. 2. Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Twelfth Supplemental Resolution Supplementing and Amending Resolution Adopted February 11, 1992, Entitled `Master Water and Sewer Revenue Bond Resolution Providing for the Issuance From Time to Time of One or More Series of Water and Sewer System Revenue Bonds of the City of Virginia Beach,' as Previously Supplemented and Amended, to Provide for the Issuance and Sale of Up to $[101,000,000] in Aggregate Principal Amount of its Water and Sewer System Revenue and Refunding Bonds, Series of 2020, and Providing for the Form, Details and Payment Thereof and the Financing of the Cost of Improvements to the City's Water and Sanitary Sewer Facilities," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor James L. Wood, Vice Mayor Jessica P. Abbott Michael F. Berlucchi Barbara M. Henley _ Louis R. Jones John D. Moss Aaron R. Rouse Guy King Tower Rosemary Wilson Sabrina D. Wooten 4. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September 2020. Clerk, Council of the City of Virginia Beach, Virginia (SEAL) � �yL7 si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $2,253,411 for Purposes Previously Approved in FY 2019-20 into the FY 2020-21 Operating Budget MEETING DATE: September 15, 2020 • Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. See § 7 of the FY 2020-21 Operating Budget Appropriation Ordinance. In addition to this provision of the Annual Appropriation Ordinance, funds that are approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2019-20 to purchase a piece of equipment or renovate a facility, but due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by the City Council by a budget amendment or the City Manager authorized transfer late in the fiscal year, and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. The Department of Budget and Management Services reviews all departmental carry forward requests to confirm that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet the City Council's fund balance policy. Finance includes a carry forward estimate in their preliminary un-audited financial results. The unaudited FY 2019-20 financials, as presented on August 25th, estimate $115.7 million in expenditures savings to occur within the General Fund. This General Fund carry forward requests the use of $1.3 million of those savings and was included as a part of that presentation as a reserve in the 13.5°A) General Fund Fund Balance projection. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • The funds requested to be carried over must remain in the same account string in the new fiscal year as they were in the prior fiscal year; • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $2,253,411 . Of that amount, $1 ,287,299 is for the General Fund; $45,100 DEA Federal & State Seized Assets Special Revenue Fund; $249,118 Federal Section 8 Program Special Revenue Fund; $9,417 Parks & Recreation Gift Fund; $418,700 Public Utilities Enterprise Fund; $16,000 City Garage Internal Service Fund; and $227,777 Libraries Gift Fund. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Exhibit A: FY 2019-20 Items Requested for Carry Forward into FY 2020-21 Recommended Action: Approval Submitting Department/Agency: Budget and Management Services g City Manager: k P 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $2,253,411 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2019-20 INTO THE FY 4 2020-21 OPERATING BUDGET 5 6 WHEREAS, funding totaling $2,253,411 was unexpended at the close of Fiscal 7 Year 2019-20 and will require re-appropriation to achieve the purposes for which such 8 funds were included in the FY 2019-20 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $2,253,411 is hereby appropriated in the FY 2020-21 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2019-20 15 Items Requested for Carry Forward into FY 2020-21," with a corresponding increase in 16 specific fund reserve revenue from each respective fund stated therein. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services ity A ey s is CA15160 R-2 September 9, 2020 Exhibit A: FY 2019-20 Items Requested for Carry Forward into FY 2020-21 Department Amount Pupose Funding for Vehicle Replacement Program vehicles were unable to be Non-Departmental $ 189,154 purached due to COVID restrictions Conference sponsored by the Commonwealth in Virginia Beach was Human Services $ 150,000 delayed from the spring into the fall as a result of the pandemic. Funding was was approved by Council in 2019. Body Worn Camera Phase IV(estimated date September 2020) and Police $ 875,972 In Car Camera portion (awaiting deployment of 4G wireless upload technology improvements) VB Home Now funding for addressing homelessness. Funds must be Housing $ 72,173 used for appropriated purpose to be in compliance with donation. Total General Fund Confidential Informant Funds.Appropration made by Council on Police $ 10,000 October 1, 2019. Canine Purchase. Original appropration by Council in 2019 called for Police $ 35,100 4 dogs, only one has been purchased thus far. $ 45,100 Total DEA Seized Property Special Revenue Fund Administrative funds for the Housing Choice Voucher program Housing $ 249,118 related to COVID support for the community. $ 249,118 Total Federal Section 8 Special Revenue Fund Funding for vehicle replacements unable to be purchased due to Public Utilities $ 418,700 COVID restrictions Total Water and Sewer Enterprise Fund Replacement garage bay doors unable to be purchased due to Public Works $ 16,000 purchasing restrictions. $ 16,000411P Total City Gargage Internal Service Fund Library $ 227,777 Funding for purchase of Bookmobile. $ 227,777 MEPTotal Library Gift Fund Parks and Recreation $ 9,417 Funding for programs postponed due to COVID-19. 9,417 Total Parks and Recreation Gift Fund $ 2,253,411 Total FY 2019-20 to FY 2020-21 Carry Forwards CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Princess Anne Court House Volunteer Rescue Squad for the Purchase of a New Ambulance MEETING DATE: September 15, 2020 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item is for a request to provide a loan to the Princess Anne Court House Volunteer Rescue Squad and Fire Department (PACHVRS). The PACHVRS requests an interest-free loan from the City for a new ambulance to replace one that was stolen and crashed by an intoxicated individual in April 2018. The squad has been operating a diminished fleet since that incident. • Considerations: This agenda request includes a letter from PACHVRS requesting the City to provide this loan. If approved by the Council, the loan is $90,000 and is payable in five annual payments of $18,000 each. The first payment is due on September 30, 2021. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. ■ Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Letter from the PACHVRS; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: J' �,.) 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PRINCESS ANNE 3 COURT HOUSE VOLUNTEER RESCUE SQUAD AND FIRE 4 DEPARTMENT FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 7 WHEREAS, the Princess Anne Court House Volunteer Rescue Squad and Fire 8 Department has requested an interest free loan of$90,000.00 to purchase a replacement 9 ambulance with required equipment. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $90,000 is hereby appropriated from the fund balance of the General 15 Fund for an interest-free loan to the Princess Anne Court House Volunteer 16 Rescue Squad and Fire Department for the purchase of a replacement 17 ambulance; and 18 19 2. That this loan is to be repaid by Princess Anne Court House Volunteer 20 Rescue Squad and Fire Department over five (5) years, pursuant to the 21 terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management ervices City Att ey's Office CA15158 R-1 August 31, 2020 Agreement between the City of Virginia Beach and the Princess Anne Court House Volunteer Rescue Squad and Fire Department THIS AGREEMENT is made and entered into this day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Princess Anne Court House Volunteer Rescue Squad and Fire Department, a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. 1 B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the . vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. PRINCESS ANNE COURT HOUSE CITY OF VIRGINIA BEACH VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT City Manager/Authorized Designee By: Title: Date A IT EST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $90,000.00 Virginia Beach, Virginia September, 2020 FOR VALUE RECEIVED, Princess Anne Court House Volunteer Rescue Squad and Fire Department ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of NINETY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before September 30, 2021 - $18,000.00 On or before September 30, 2022 - $18,000.00 On or before September 30, 2023 - $18,000.00 On or before September 30, 2024 - $18,000.00 On or before September 30, 2025 - $18,000.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Princess Anne Court House Volunteer Rescue Squad and Fire Department (SEAL) Title: Date: ic°\ ssi Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. � 0 Post Office Box 6344 AlliriVAA blik ,Es0,05 Virginia Beach. Virginia 23-136 VIRGI IA BEACH V'"`"' Serving the Community Since 1947 ' Chief Ed Brazle Virginia Beach EMS 4164 Virginia Beach Blvd Virginia Beach, VA 23452 On behalf of myself and the Board of Directors, I would like to formally request a no interest loan from the City of Virginia Beach. As you may be aware, The Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc. has an immediate need to replace the ambulance that was stolen and subsequently totaled in April of 2018. As a result of the ongoing COVID19 pandemic, we have lost two significant sources of income this year. We initially applied for an Emergency Hardship grant in May of 2019 which was denied because it didn't meet the requirements of "a man-made catastrophe". We then applied for an 80/20 RSAF grant during the fall 2019 cycle which would have amounted to $215,000. During this cycle the FARC limited the value of ambulances at $250,000 (which had never been done before) and then awarded PACHVRS a 50/50 grant that amounted to $125,000. We received very little money after the loss of the unit ($45,000 from our supplemental insurance and $6,000 from CoVB Risk Management). We are requesting the no interest loan to (combined with the monies recovered and the RSAF grant) finalize the purchase of the new unit. We respectfully request a no interest loan in the amount $90,000 to be repaid in equal installments over 5 years. If you need any further information or other questions, please feel free to contact me. Respectfully, Chief Christopher J. aly cJ DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of White, Anderson, and tax returns Assoc Financial Services (include bank Beach Municipal Credit X institutions, lending institutions, Union & ABNB Federal and current mortgage holders as Credit Union applicable) Mike Robusto & Greg X Legal Services Sandler CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes rior to the Council a ' upon this Application. X APPLICANT'S SIGNATURE Christopher Daly August 12, 2020 PRINT NAME DATE \\vbgov.com\dfsl\Departments\EMS\EMS Admin\OOr}Ctlt41-SVC-PROCESS-AREA,SUPPLIER-AGREEMENT-MANAGEMENT,SupplierUocally-permitted-ems\ems disclosure-statementdoa. \\vbgov.tom\dfsl',Departments',EMS,EMS Admin\OGO-Cl-1MI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\supplier\locally-pamittedemdems-disclosure-statement--0Ilable.pdf f(u ) J., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the FY 2020-21 Supreme Court of Virginia Drug Treatment Court Docket Grant and to Authorize an In- Kind Grant Match MEETING DATE: September 15, 2020 • Background: In §18.2-254.1 of the Code of Virginia, the Virginia General Assembly "recognized that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug related crimes." To address this need, the General Assembly established Drug Treatment Courts. The Supreme Court of Virginia, Office of the Executive Secretary (OES) is responsible for distribution of state funds to local governments for operations of Drug Treatment Courts. One such method for funding these courts is the Supreme Court of Virginia Drug Treatment Court Docket Grant. This grant is the result of a sustainability strategy designed to provide long-term funding for Virginia Drug Treatment Court Dockets. On August 19, 2020, the Virginia Beach Adult Drug Treatment Court (VBADTC) program received notification from OES that a grant award in the amount of $24,956 in state funds was approved for Fiscal Year 2021. Administration of this grant will be through the Virginia Beach Commonwealth Attorney's Office. These funds will primarily be used to purchase drug and alcohol testing supplies and will also be used to purchase other supplies necessary to provide continuum of care for VBADTC program participants. • Considerations: A 25% local match is required for this grant. The match may be made with in-kind resources, and the Department of Human Services is willing and able to provide the in-kind match. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commonwealth Attorney's Office City Manager}' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE FY 2020-21 SUPREME COURT OF VIRGINIA 3 DRUG TREATMENT COURT DOCKET GRANT AND TO 4 AUTHORIZE AN IN-KIND GRANT MATCH 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1. $24,956 from the FY 2020-21 Supreme Court of Virginia Drug Treatment Court 10 Docket Grant is hereby accepted and appropriated, with estimated state revenues 11 increased accordingly, to the Virginia Beach Commonwealth Attomey's Office FY 12 2020-21 Operating Budget for expenses related to the Virginia Beach Adult Drug 13 Court. 14 15 2. A grant match (25%) is to be made in-kind by the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget& Management Services ey' O CA15156 R-1 August 27, 2020 J. PLANNING 1. JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION (DEFUNCT CORPORATION) for Street Closures of unimproved rights-of-way: a. 375 square feet adjacent to 217 75th Street b. 250 square feet adjacent to 215A & 215B 75th Street c. 250 square feet adjacent to 213 75th Street d. 250 square feet adjacent to 211 75th Street e. 250 square feet adjacent to 209 75th Street f. 250 square feet adjacent to 205 75th Street g. 1,763 square feet adjacent to 203 75th Street h. 250 square feet adjacent to 218A & 218B 76th Street i. 300 square feet adjacent to 216A & 216B 76th Street j. 250 square feet adjacent to 214 76th Street k. 325 square feet adjacent to 210 76th Street 1. 312 square feet adjacent to 208A & 208B 76th Street m.413 square feet adjacent to 7500 Atlantic Avenue DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION (DEFUNCT CORPORATION) for Street Closures of improved rights-of-way: a. 1,170 square feet adjacent to 204A & 204B 75th Street, and 202 75th Street b. 105 square feet adjacent to 7406 Atlantic Avenue DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. BONNEY ROAD VB, LLC for a Modification of Conditions re motor vehicle sales & service, and automobile repair garage at 3825 Bonney Road DISTRICT 4—LYNNHAVEN RECOMMENDATION: APPROVAL 4. BONNEY G. BRIGHT SAND CO./BONNEY G. BRIGHT for a Modification of Conditions re borrow pit at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. STUDIO EVOLVE, LLC/BYLER LAKES,LLC for a Conditional Use Permit re body piercing establishment at 512 South Independence Boulevard DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC/ BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors and disabled persons at 3808 & 3820 Virginia Beach Boulevard, and 309 & 329 Birchwood Park Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 7. PHAM VO, LLC/HIEN PHAM & CUONG VO for a Conditional Use Permit re short term rental at 5120 Settlers Park Drive DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 8. THE GOOD MANOR GROUP,LLC for a Conditional Use Permit re short term rental at 1721 Rueger Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 9. CHARLIE KIM for a Conditional Use Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. MICHAEL & RENEE FAIRCHILD/MLFW, LLC for Conditional Use Permits re short term rentals at: a. 836 12th Street b. 838 12th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CHARITY FIGALLO for a Conditional Use Permit re short term rental at 448 Garrison Place DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. CITY OF VIRGINIA BEACH—Ordinances to AMEND City Zoning Ordinance (CZO) Sections: a. 104 re allow civil penalties for the violation of Section 241.2 pertaining to Short Term Rentals b. 1903 re allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District RECOMMENDATION: APPROVAL (Requested by Council Member Tower) 13. CITY OF VIRGINIA BEACH—Ordinance to AMEND City Zoning Ordinance(CZO) Section 241.2 re revocation of grandfather status and City Council findings RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL (Requested by Council Member Tower) 14. CITY OF VIRGINIA BEACH—Ordinance to ESTABLISH transitional rules for the review of Conditional Use Permits re property in the Old Beach Overlay District RECOMMENDATION: APPROVAL (Requested by Council Member Tower) ��cptuc fOh`'� . ". >'Y"'y�) 4 . (E.,_ ,. . xs .. .,„„ ,..,........."„ ...,..,,..„:,,,, NOTICE OF PUBLIC HEARING A Regular Public Hearing of the Virginia Beach City Council will be held in the Council Chamber of the City Hall Building,located at Building 1,2401 Courthouse Drive,Virginia Beach,Virginia,on Tuesday,September 15, 2020 at 6:00 p.m.,at which time the following applications will be heard: Studio Evolve,LLC[Applicant]Byler Lakes,LLC[Owner]Conditional Use Permit(Body Piercing)512 S. Independence Boulevard(GPIN 1476688794)COUNCIL DISTRICT-ROSE HALL James T.Cromwell,Esq.,Receiver for Shore Realty Corporation,a defunct corporation[Applicant&Owner] Street Closure(All but one 5'x 37.5'section of an Unimproved 10'x 400'alley running east to west between 75th&76th Street and the 15'x 95'unimproved alley on the north side of 75th Street("Lane A")) Street Closure(15'x 85'alley on the south side of 75th Street("Lane B"))Alleys&Lanes adjacent to properties located along 75th&76th Streets(Adjacent GPINS 2419662926,2419661995,2419661978, 2419661944.2419661927,2419661903,2419660975,2419660952,2419660933,2419569993, 24195699540001,24195699540002,2419569902,2419568972,2419568950,2419662998, 2419673021,2419673013,2419672076,24196710781840,24196710781850,2419671047, 2419671019,2419670076,2419670055,2419670024,2419670003,2419579052, 24195780931216,24195780930002,24195780320001,24195780320002,2419662899, 24196628250001,24196628250002,2419663824)COUNCIL DISTRICT-LYNNHAVEN Bonney Road VB,LLC[Applicant&Owner]Modification of Conditions(Motor Vehicle Sales&Service, Automobile Repair Garage)3825 Bonney Road(GPIN 1487330721)COUNCIL DISTRICT-LYNNHAVEN Franklin Johnston Group Management&Development,LLC[Applicant] Birchwood Associates[Owner]Conditional Use Permit(Housing for Seniors&Disabled Persons)3808& 3820 Virginia Beach Boulevard,309&329 Birchwood Park Drive(GPINs 1487342560,1487341324, 1487341778,1487342381,1487343369)COUNCIL DISTRICT-LYNNHAVEN Bonney G.Bright Sand Co.[Applicant]Bonney G.Bright[Owner]Modification of Conditions(Borrow Pit)200 Princess Anne Road(GPINs 2316698832,231696801,2317 62 132 7,2317723259,2317612520,& 2317801537)COUNCIL DISTRICT-PRINCESS ANNE Charlie Kim[Applicant&Owner]Conditional Use Permit(Short Term Rental)809 Vanderbilt Avenue(GPIN 2426376810)COUNCIL DISTRICT-BEACH Pham Vo,LLC[Applicant]Hien Pham,Cuong Vo[Owners]Conditional Use Permit(Short Term Rental)5120 Settlers Park Drive(GPIN 1465748683)COUNCIL DISTRICT-CENTERVILLE Michael Fairchild&Renee Fairchild[Applicant]MLFW,LLC[Owner]Conditional Use Permit(Short Term Rentals)836&838 12th Street(GPINs 2417848522&2417848537)COUNCIL DISTRICT-BEACH Charity Figallo[Applicant&Owner]Conditional Use Permit(Short Term Rental) 448 Garrison Place(GPIN 1486987809)COUNCIL DISTRICT-BEACH The Good Manor Group,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)1721 Rueger Street(GPIN 1455858668)COUNCIL DISTRICT-KEMPSVILLE CITY OF VIRGINIA BEACH-An Ordinance to amend Section 104 to allow civil penalties for the violation of section 241.2 pertaining to Short Term Rentals CITY OF VIRGINIA BEACH-An Ordinance to amend Section 241.2 pertaining to the revocation of Grandfather Status and City Council findings for Short Term Rental uses CITY OF VIRGINIA BEACH-An Ordinance to amend Section 1903 allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District CITY OF VIRGINIA BEACH-An Ordinance to establish transitional rules for the review of Conditional Use Permits for property in the Old Beach Overlay District Copies of the proposed plans,ordinances,resolutions and amendments are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,Virginia,or online at http://www.vbgov.com/pc.For information call 757-385-4621. If you wish to make comments virtually during the public hearing,please follow the tw060ep process provided below: 1. Register for the WebEx at hftnc://vbWnv wvbvz rnm/vbgnv/onctaeeIg nho2MLL :5879bi9359r57r'44 2. 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 15,2020. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. Please provide the Virginia Relay operator the login information for the WebEx and the operator will login to allow participation for individuals with hearing disabilities.The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON-AUGUST 30&SEPTEMBER 6,2020-1 TIME EACH ! \ Ill 1Rt 5ft 114 1 ��rnAlltik WAIIIIA.A1PAWalatillfrvil - Ogn, Iri 0 ,ri . - - Isi .7 ilidk 1,4-'-'''"-T 1: iii I' OP opt 710011V_, reti te . W!,.,14 ,T- i ) 1 iii,\,,_,it:ill tilitU 1° :,,ir • , ..........- / tejt 6 to.t7________ vgrAs 101 .0, ifidrAdonor,•- • Q 5 jc....- iiik r rig\ A \____\ wilippowg 100 . 1 . ,:, \ \of 1 • A.:40 lik a z \\ ,,,,,,-._.-1 0 0 r� ,. �,�-=,�� d11 1 R5�o (NE) OS-O..-- I-- - 111.41 ii5R N: __., ..____ .--4-1ii l' 111 1.-rcf3, 0 'c,:3A11 Ili _mow Oil* -- 11 40 110\ '''1 '" C. , ' 111* Dlitilii 1 I- *, 1111 R-HRiffil ' ) ram.- �ti 0040° 110 111;1 1 II * Ilk' .c. R t'-‘ _......cataileltimillei 5 Me .awl 120 Site James T. Cromwell, Esq. Property_Polygons Alleys and lanes adjacent to properties w Iv �i � E ® Zoning located along 75th & 76th Streets S Parking Lot Drive Aisle Building Feet 0 2040 80 120 160 200 240 l 0 4•4, ' }t; Zt4 j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Approving Application of James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a Defunct Corporation, for the Closure of Approximately 5,238 Total Sq. Ft. of Portions of 2 Unimproved Rights-of-Way Adjacent to Properties Along 75th and 76th Streets West of Atlantic Avenue MEETING DATE: September 15, 2020 ■ Background: James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation ("Applicant"), requested the closure of approximately 5,238 sq. ft. of portions of 2 unimproved rights-of-way adjacent to 13 residential properties located adjacent to 75th and 76th Streets west of Atlantic Avenue (the "Rights-of-Way"). The underlying fee in the Rights-of-Way remained vested in Shore Realty Corporation. The owners of the adjacent residential properties joined together to petition the Court to request that a Receiver be appointed for the purpose of making application for closure of the Rights-of-Way and to convey the underlying fee to the respective adjacent lot owners. On May 21, 2020, an Order was entered appointing James T. Cromwell, Esq., as Receiver for Shore Realty Corporation, and on June 18, 2020, an Order was entered approving the conveyance of the fee interest in the Rights-of-Way to each of the respective adjacent property owners. • Considerations: The purpose of the proposed closure is to incorporate each portion of the closed Rights-of-Way into the 13 adjoining residential properties, as more specifically shown on Exhibit A attached to each of the 13 attached Ordinances. Each property owner will be responsible for resubdividing their respective property pursuant to Condition 2 below; therefore, a separate Ordinance has been prepared for each property owner. The Viewers determined that the closure of the Rights-of-Way, with conditions set forth below, will not result in a public inconvenience. There is no known opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request to the City Council with the following conditions: James T. Cromwell, Esq. Page 2 of 2 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcel(s). The resubdivision plat or plats must be submitted and approved for recordation prior to the final street closure approval. Said plat or plats shall include the dedication of a public drainage easement over the Right- of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within the Rights-of-Way proposed for the closure. If private utitlities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Rights-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat or plats are not approved for recordation within one year of the City Council approval, said approval shall be null and void. • Attachments: Ordinances Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department gi) City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 375 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 217 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "375 Sq. Ft. 0.009 Ac.", and shown as the area 30 shaded black on that certain street closure exhibit entitled: 31 "STREET CLOSURE EXHIBIT OF A PORTION OF THE 10' & 32 15' LANES (PUBLIC R/W) ADJACENT TO THE WESTERN '/2 33 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 34 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 35 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 124) LOT 36A 36 RESUBDIVISION OF LOTS 36 & 37 SHORE REALTY CORP. 37 (M.B. 7, PG. 124) (I.N. 20080331000357680) AND LOTS 3A & 38 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 5, SHORE 39 REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE 40 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20181120000955390) 41 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated January 42 10, 2020, prepared by WPL, a copy of which is attached 43 hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-56-8972 & 2419-56-9902 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11)7L/ n PiGCil . (/l/k4)161/%1 Planning De artmerft City Attorney CA14865(A) \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 } 76TH STREET 11.elt (fMMERtr 713 SIAEEI) (MO'RAY)(Me.. 7, PC. 124) /i%' 1.. I I I l I w r`jeCj a 211A AIL STREET 21MI7/q STREET I 211 761h STREET I I 210 7021 STREET 206A& 76q SIRQ7 1 206 76th S� ( 202 7NA STREET q ME 0.WALSH A R01MAD It PANES a . RA1RI0A N meth FAIRER.GLEASON EOYAL SAN B.ARIOImpI a :JAYf3 W.OEWEWp a CHRRIOPIIFR G.GI¢0 e 101 14 Sit' n a cRx:A19-67-T,63--- 720 161E STREET IDI6tA/C WItSO (NH A W1116 A9E N.ARIMGION. J06E741E OQIAECCI4D CA1111M E.MAR-CAM 216E 761N STREET 214E 76M SIRES, I I I i TRUSTEES.UNDER RC 2a PUN STREET V 1065101 IA WORRMA §p IAAll942 0RW0 t , ARR601011 I/AK,RU6f , g MOWN BMW gg �1 V 200- 761�S7IIE[T— r/� /114f 0ou2AS woRRAu S ? MI ouARb 9 I 'Ci I I g 8 I`9 S 9 I I a I a I 7 Y vJ LOT 9 6 O ti R$ S$ ^E' ' ' hn 25 Tn - "^ b6 06 �6 e= GPM:2419-67-T16, '�- a- I R" I A' R6 I.I I I m l 6 I�^ I o I s 9„ 9„ 9r 9 ^sr 9a 90 1 E"4 a s I U g g g g I g 1 K a g I g 1g I g I s I g 1 3 Em 12 See, 0.00E a0D7 I Say.I a0p6 Apw SAD'I 0iw Aye OAO]AvY a0O6 AriN l Y GPM:T119-67-.1006 O 26O!y It 70D 6�R 0.0 St; 3 5 R 19b R IR7 i1. r°°° 1 ` }Aen SAY Ae1Y ► , ► } 100 f log' � __i_ �s ; z j(/j i. C _I{J1�-_--.-T— C 750T k 75W ARAM AVE 1' I I 1 �. 1 �� �� �__1 • TOT 11 00' KIAD' '� SAA\D' am' - I tl\ 1{`+.AdA' \ EA0`00 0A00 GRN:1119-67-2078 • t_i 1_4 -----T--- iiiiam' aa6r \51. try) �5.ga,Hari \T Sy[lS�J `5�6t NSA-I `7 t„58 ...J `l l t„ I LOT_ ---- 225 75 h STREET I O'OQO Aer O.IQ06 M 0.00E Our Ft 0.40E Ins 0.Q06 Ae�� 0.40E Aar 0�010 Awes �/ , . GPM 2419-67-3013 CO) 730 ill / $ I I ? a $ I $ I a I a >� ; �'. 'aoo6e.. — G!j :,P XR A RS 2tS SS :'8, '4 !' S 54 sI '-.. LOT W 1 9 1 9 9 m 9. 9. , 9: 9_ , 9 n 9 I I GM:2419-67-3021 (/3 1•� „ 74 .. .. 9�., 9 r. �•'r. 1 Ts00 AIIANIIC AYE V^/ ♦ r�1 — + — - $ I I g • I $ I I I $ I I gl, GEORCE 9 aM6a — .///���.���,Yyy/� 217 75N SIWI 115A 7541 STREET 213 75M SIWI 211 75U,STREET 206 751E STREET tas 7w,STREET '2a1 75M STREET -��I, 6 44.108 NERRRT REST• ItOEN C.REU76 JOIN ON4R NVSIION• AIDI BERNETT NRC10r ROBF7R C.11CGEEIINI A OAND T.5110IT011& 9W,MOF A SNORE.JK SPIN.2419-66-2996 221 75M STREET 2EaeE K 9481 217E 75M SMELT OA61W1 0,,R15ilON A 9*1 f2PA9E1H JNC K IIOREt1IN PATRICIA J,SIO1Td1 0 JIIE 6 SMORI .,',-I." w i i MIRA AM 6096SDII IARiM I I I I 7.lb'l.,'�.1, ,10 QI 2520 is la 6 0 25 50 75 Feet 75� STREET Z (FORMERLY 112 y2 SIR£E) CD SURVEY AND GENERAL NOTES GRAPHIC SCALE (so'R/W)(Ma z PG. 124)) 650 TD H 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE 1" - 25• snnET t OR 1 — = _A,._ E-4 COW IS 6,513 SO.FT.OR 0.150 ACRES, QI' 2. THIS EIOiBIT IS MENDED TO SHOW THE AREA OF PROPOSED . 1170 54.R. /3TV' RICM-Of-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF OA27 brim • �'1 RECORD DOCUM AND RR MENT(S) IS NOT ENDED FOR Y OTHER A PORTION OF THE 10' & 15' LANES PUBLIC R 204n a 204 O. 7Lh STREET 202 O. i STREET /N) WRYa IW A& D1oR7 0.HNL JA& THAN GENERAL REFERENCE. ADJACENT TO I S115N1 11.WEL SUSAN 9.PAL 3. A mLE REPORT HAS NOT BEEN PROVIDED FOR 1145 PROPERTY. THE WESTERN 1/2 OF LOT 19, LOPS 8, 9, 20. 21, 22, 23, 24, 25, 28, § I i I i 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, r r 0 L�Op`f 47, 48, 49 st n s 7 I s 8 I :i $ 11 $e �1 �y/'�+ SHORE REALTY CORP. (N.B. 7. PG. 124) I �" r I ET+ I 4 §,; Z V _a'. ER-' LOT 36A' Lie. 2904 RESUBOMSION OF LOTS 36 & 37 Of/30/ �) �� toe SHORE REALTY CORP. (Ike. 7. Pc. 124) I I I 7 •, os ay �' .002 Rem 0 SUPO. (I.N. 200e0331000357680) I 7�, g,. MOD O Landscape Architecture AND , WM LOTS3A & 4A v1 �L0ond Surveying - —'— ---- - �------ _ 710E A,IANIIG AVE CrNp1U01�ERRIrIeMnq RESUBOMSION OF �--_ __ �- , lay. YAIFRC a 9EWK N2 Oi910AIl 21 a manab(N12334453 LOTS 1, 2, 3, 4. & 5, SHORE REALTY CORP. m 0I 3A 10 LANE CLUED 6T cm ' I UM 2119-66-3624 UCH.:EAD (M.e. 170. PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I w1'KK CM Jl6E D.1971 J011219-0346 ONG:219-0346_Pnrn.a.9 (M.B. 7, PC. 124) (I.N. 20181120000955390) ' REF:S-246 a 511-57 TB/P01030/37.1040/76• 1049/20-21 VIRGINIA BEACH. YMGINIA JANUARY 10. 2020 1052/66-67& 1050/23-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 215A & 215B 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/z OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG, 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-56-9954-0001 & 2419-56-9954-0002 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: WA U44461/1 Plannin Depament City Attorney CA14865(B) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 4.41 A 78Thi STREET I (FORMERLY 1 rJ STREET) 4.f4 W Nk'\ ►-4' ' I HCp 2164 74 STREET 210A 76M STREET 2L 76M STREET 210 76M MEET 20a1 a 2068 76M STREET! 206 7U SILE1 202 76M STREET Q JOKE IL WASH a MIND a 1lARK5• PATRIf 4 It COPIEY 1415 N OUFASGN KOHL SA1 a ARRNCION A 'JAMB W.OEtYECR6D a ` CHWSIOPNER G ORB A LOT 14 .41 2 GIN 2419-87-2163 220 16,h STREET IOIOOIE GU RASH 566 A 114166 .91E E N6W 18. JOSENWE DB140240 CHRI10 E R G RI 2168 761H STREET . 2,86 N STREETI I TMh7FES•uOQ TIEpI 201 76TN 6TTIEEf -- Vile Iam,E11 a WaNAL. 119,REEI,auARD a ARRNGTg1 BM TRUST , 4 CEBORAH BERRY 4 C Q JORT C.BptlWL a $ ,� MY GUARD ``o d b 200 76M sixEFT C/) N comas 9 a 1RRA1 I "; i i i ...1 ":.'i i I i I 8 I 8 1.4 §� I I o o V 0 0T 13 O ti R$ C$ 73 ^§ ,,-? ,+3�^., 43 R ;3 n Wi' �, R� B C. g 1: _^< e' ..' �_ GPN:2419-67-2161 j od « ,' - § , §� § §r j; z § § � E-4 I 6 I. s I g 1 g g s I g ig s j CAN.2419-67-3006 O 260 n ]00 3�R I 1 2601 0.0 B1 R 13!S�iT. ,B7 B4 R I z ////'0.006 Ase6 3002 Mr SOD• OAG AriH 0-007 lam OAW Awe 0.0W MW6 'T 1�/ `(1 I I I I iii { Fi �• I I a 74AVELOTr SGW' 1 Rlab'' I �SaAD'II:I...75.31Y 1 �I,t61D'T��5�•r er_i j J1J'0• ..IO.W' 9409 -- GPM 24119 167-2076 1 __ -574-.-'717:- , • SAD• I. II\ 100' SC0' SAD• \ SON SAD' \ Ste' --- ------ 9� Sy Sp ` E� `2'JO B�Ft ,i0.5 S4 R _ LDI,D Z 225 751A SWEET 1 0.0gB M� 2i0 Mr 0.0011162 0.f+D6 M� aqua' ACC CUM Mr 0,040 hem __� GPIN:2119-67-SOIJ O 1 a n ..� a o, s.60' --- �I 1 $ I 18 I a $ I I x I I W 1 ^n 213 10 Nq 33i A� R� 9i : :.4 .a '2 SS 1 74 1 8 a , LOT9 w 021 I 1s 1 1 so ( 1 ( i. MN:2419-67-3021 ►� — F — - I I $ I j J j a I I I I TO NR —at /F//�lMMM k1 1217 758,511EET 2151 756,SAEE7 C.nuts 213 75N STREET it1 75N STREET BERME 1004214 2G 75N STREET2G 75N STREET �10J 75N SREEi ,.i LOT 8 w 221 75IN STREET WA MINEK.WFSf ER MENEM MOT& 21�SB�751N SWIM a T HUMOR At ROIBEINI K.YCQELLNI ROAM C.1031211.4M& PATRICIA 91011CMDIM T.MOTTO'a AE It SNORT I GM2419-fib-2996 LAM MI IIONOSON MOM I I I I \>'60'- ..1, 7l0• I _ REE 10 rAI AIWIIC MOUE"''" �+ 252o„„ , 0 25 50 75 Fast 75th STREET (FORMERLY 712 y7 STREET) O SURVEY AND SAL NOTEB GRAPHIC SCALE (40'R/1$)(Ms 7 PC. 124) eso'To I.y _ _ I. THE TOTAL AREA ENCOMPASSED WRHN SOS STREET CLOSURE 1 25 SHEET I OF 1 MAIM MOUE-%--- [...4 006E 6 6,513 SO.FT.CO 0.150 ACRES. 1. TH6 EXHIBIT IS MENDED TO SHOW THE AREA OF PROPOSED Sq.n 1170 S Far EW T-OF-WAY CLOSURE AND E EN004T OF INC ASSOCIATED STREET CLOSURE EXHIBIT OF '0.G7 Awn 2044 A 2048 751&STREET 202 75N STREET RECORD DOCUMENT(S)AND 6 NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) BM 0.HMI JR.a ENDRE o.,9UL JR a THAT GENERAL REFERENCE. SUSN M1 SUSA1 9 HALL. 1 3. A TRUE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. ADJACENT TO IL HMI THE WESTERN 1/2 OF TAT 19. LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, § I a O ' 27, 28, 29, 30. 31, 32, 33. 34, 35, 38, 39, 40, 41, 42, 43. 44, 45, 48, t.'H 0Rn 47. 48, 49 s1 :^ s xi i SHORE REALTY CORP. (M.B. 7. PC. 124) I �' § § it �� % �' zw �MEI '; ER� LOT 38A K Ma- 2904 RESUBOMSION OF LOTS 36 h 37 g • F. ai3Di2n2D t1 o� SHORE REALTY CORP. (M.B. 7. PC. 124) I I I ,m$ g �� SURN� (I.N. 20080331000357680)AND gGEC Acme I r.� O Landscape Architecture LOTS 3A & 4A �' w red 591v4,ylnq —__ F 7406 A7LWTIC AYE E11C90Tniir1119 757.{31.10{t RESUBOMSION OF __— _;—_ __�{,_' z ' 0AE8EOC.BETE N22WWING T111ASE61EIOM1110EIAT315T LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. ,0IAIEGLAOM4E6.an J1 T1cH.:uG (M.D. 170, PG. 10) AND LOTS 8 & 7 SHORE REALTY CORP. I 1 COUNCIL O'1975 2419-66-3824 JOa:219-0346 IVAG:219-0.346_PrOM.0.9 M 8 7. PG. 124) (I.N. 20181120000955390) ' HET:5-248 a SI1-57 ( . FB/PG:1030/37,1040/78,1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/06-67 a 1050/23-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 213 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-56-9993 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4----4... �/ Itzto.ffirwil,fivi Planning epartrrfent City Attorney CA14865(C) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 a 76ti STREET Id !BO! m(MB7J75PG. 124) yy N�( - I I W k~1 Cj 2164 7611 STREET 216AI76q STREET I 214 76U MEETl 210 HRH STREET 2061& Nth MEd 206 7Nh STREET I 202 7601 STREET 4*' NICE K.WAIS11 k RONMD H WINS a PATRICIA H.GOUT PAIRKN(SEA60N ROYAL SIP B.MAMMON d JAYFS W.OELVEOtl6o k CNW570PIIER C.CARZO t CRN:LLOT IIB�87-216J 1dnRARE D61 rwsN LOOK A MM a ( I I I AVE K ARR61010 JDSEPIr4 oEE i o 26D MINN E.RAYER-ciozo ( 1 /IP 220]61n STREET 2168 761N STREETm2168 76M SIIOET TRUSTEES.E4O01 71Ca 204 76R1 STREET ___ `/106STEr1 M.lYOP11ALL MMAfl02 pIIND• A107f.I0N UAMG 7RU5T LEBORNE BERRY o 200 76th STREET ♦ )JOYCE C 6'ORRNL k MY 06UR0 - g 59 iy- v/p DOWNS K RDRRALL I ,1 o I x g 8 I S I 3 a� a - I b O LOT u if Al ^a . 4 -4 n^ 'B^ '6e o6 ^,^o o' v,' C CPR:2119-67-2161 Si s I ._-.7.4.; I sry Fn. I �. I 9. ~s. I-�' I it s� �a IaZ ___ E-+ 1 g I �g g g I g 1 g g g I g ig I I I ( s Iz ATI2- - OF 250 Ft 1000041X.. 2L0 5y M1 ]r:6 Ft 125 Sy R 167 6a n fAN:2119-67-3me 1 O.00.SL.. I See. D.OD6 Amy SA,•II ///'6 7'A... 03003 As.. O.D04 A2..I / I I I ( z rage' J� , �SQ`YJ {(j ►`r� I� I IjJ1 l �/ I SOD•lf 1- f I� I ,! 1 • r. I I �� -------- T. T I 1 I I 1 ( ` 1 _ a 7502 k 7504 ATLANTIC AVE mar awe, J46D' IISpD' �aer- AJ7. f/0AD' ono, CAR:21 9 67-2076 51 __---T---__-\100.` �\ 1s�!lax'J t1\ �Sy LSGV•Ft f�Kipp' �` ��5y15�.� �\ I�Sy�Rgp•� I \ �.280�y�R�.� ��ll �nieS sq.�.. LOT 10 -__- 1.4 /`.� 225 75 h STREET } \`0'OQB Awe \`0.006 Mr.. 0.000 Ram \\\0.006 Mrs \\`0.0SI Mr.. + \\`0.Q06 Ft 0.040 M.. CR 2419-67-3013 O M $ 1s I al V, I I a1 i ^L E� I 1 0.6p6 - v) I �, ' Sf '.i X ' Si P 3 5i ^$ q� 1 �$ V :V 2 3 r� V g.( 1 LOT 9 W _ I �. �ti I "Jr,. §! 9 ,T 3: ! 9 r I 9: 9 r I 9; I 9 n I g ry •„i. CPR:N79-67-J021 i/A .+ ►�+ - t - g g I I g g I og g I 5 g I g g l g i g sl's GEORGETT Ralma - �/ 217 756 NNIEET 2151 756.STREET 215 75n SIREk] 211 75111 STREET 2w 75M STREET 205 75Tn STREET NI 751h STREET L01 e 9*61FR NFABERT WEST♦ IRLEII C.nuns JONN dM41 HI910R t ALEX BDINETT 161WM Me C.11CCIEIlAN k OMD T.SWIM& YµRNOP A scar,JR. CPI*2419-66-2798 ��PP. w 221 75 h>IN LL//�6 Fit 1 EN IL WEST I 2158 75TN STREET a.m,MN D.NIISIION d MgN EIEUBEIN JANE K.H nnIAN PAIWCN JJ..41mmn 1 1 k J/NE R.SNOR) 1 LAUM µNI AMMON WORM 1 7SR Ni I 7.50 'Fr] 1160 To API 16 to , 0 25 so 75 F..t 75th STREET -AllANIE AVM �" z OElERAL NOTE8 (FORMERLY' 112 77 SNPE O SURVEY AI GRAPHIC SCALE !b R/wl(w.a 124) I. THE TOTAL AREA ENCOMPASSEDMINN THIS STREET CLOSURE SHEET 1 of 1 MST IS 6,513 S0.FT.0R 0.150 PCRES. 1170 Sq.R .r107' 14 2. THIS EXHIBIT IS INTENDED TO SNOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 pm. RIGHT-OF-MY CLOSURE AND INDEPENDENT OF 1W ASSOCIATED STREET a 2047 75th STREET 202 7501 STREET RECORD DOCUMENT(S)AND IS NOT WENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY D.HALL A.a EMORI O.Bel JE& THAN GENERAL REFERENCE. ADJACENT TO 47504E M.HALL SUSAN M.lea3. A TILE REPORT HAS NOT BEEN PRONDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, § I I, I § m O 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, I 7 o n n " nall UM OJTP46 47. 48. 49 n a I S 8 Li+ SHORE REALTY CORP. :43.7B. 7, PG. 124) I �' §„,„ §,4, 9 " " Z a• NERD' LOT 36A + Me. 6. 2��--- 2004 RESUBDMSION OF LOTS 36 _ c °"'°"01�0.L 4 SHORE REALTY CORP. (M.B. 7, PG. 124) g g g -� 7 • 'o�ooz Ft ai �1O 3UlEV f•O (I.N. 20080331000357680) I IA00 AND I I LSR• s;• �- O Landscape Architecture LOTS 3A & 4A ►' w Land Surveying 7406 ATVNTIC ROE se...,CM Engineering RESUBDMSION OF -�--- 750' VA EERIE C.WLYR6 rppyEG.com 757.431.1041 LOT 3, 2421169i TIER SE 111R7M ff/0tMast LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. C 0471041E MOND INCITE - Mgt:YAo (N.B. 170. PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I 1 C0°"E°"LP`251975 SPIN 2419-66-3874 JO&210-0.346 OWC:210-037 _P.Un..a.9 (N.B. 7, PG. 124) (I.N. 20181120000955390) ' REF:S-246 a S11-57 iH/P0.1030/37,1040/70.1044/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/91-67 a 1050/23-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 211 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-0933 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021 , this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ‘---i al) liCL4 4, Ab-1-411,-) Planning epart'ment City Attorney CA14865(D) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 I 76Thi STREET Ili! (FOI,VERLY 11.1 STREET) ( 80'R/W)(Y.B. 7, PG. 124) .0.1 .ro, y f j p� 31&76M MEET 31M�Nq SHEET I 211 76M SIREE7 I 1 2t0 76M STREET TOM!LIB 706,MEd II: 206 76q SI�Ff I 202 76M STREET L07 14 '¢ 25�.a J01'CE K.NNSN& ROALD IL MARKS• NAM It COPIEY P819604 QUSON KWN SV/B.IPANCION& 'L1MG5 N.OFLKCCNO& ' WOSl01MER C.GRZO a 220 161h STREET 11M.tllJE ' N1ISN IBM A INKSCAM 2419-67-2103 yT0 21.8 MiN STREET 216.7615 STREET I I I I TR1151F N. UNDER 1)57 e I' okli CC1n i COMMl1'NIIM 1-CN1ro _ --- r l I0051EM M.MOPDNL. MIRED'MAID 14 NONIGTON(MID TRUST 0E6aRA11 BERRY v 200 761h SIN121 II. It �r own o I o I 18 n I I I I I $ `� 8 98 LOT IS 0 I ti e§ ^ ^ o 8 n 5 G M 2419-67-2151 Si on I o b I s= f a I "« I �P a «« I,a : I 9' 9� 9: ,-. , 9 9. 9 9a Wz H 5 g. S 0 s ig I g 1 1 g g Is g I g I s I I Jz E-( AT 12 le O CAN:2419-6)-XIOB 0.00. aro7 Sq7• Qooe 16W 0.007 Oaai D.DO/ pD j(�� j Sarlr� Cj �� r 1 a 7502 a 7504 MINIM AYE Z rSaD t'd0.L0' 1 t /O.M' I �50..' `�� j SOD' SOG''' .A.JO' �S /CPO' iQ00• GAN:2419LOT-67-2076 `yI 2Sdn' • P7 —sae _ wow ,727.'. - - MOO' S00' SOD' SOD' SOO' SOW SOO' ________— 04 1 ' ,Sy-1 1 , yy I Try R 1 . Z ' 1 1 ' 1 1 Z 3)0 Acre. ZiO Aus M.. 0.006ea q- 36D' Sy fL 079 10,.. Till)SA R L07 10 225 75 h WNW I 0.og9 O.LTO. 0.00. -j'� 0.Q00 Any 0.Q0.AmY Ot010 AanN - GP 419-67-3013 O I nN RN n7i j, NP 3; 5If x� v :4 "4 :P s$ 7. 24 8 , LOT9 W Id I I I _ 1 9: 9_ 1 9 9 r 19 19. a3 GPR 2419-67-3021 i/A (•� I 97 9. 9ti 9a 9m 9� 9n « « I V/ .+ x — + — g I g 1 • $ i I _ I I >i I I I ,IB wen NOGAVE _41 a I 217 75th 511EE1 x,51 751h SREE7 213]SN STREETJOHN 211 75M SURFER 3W 75M STREET401300 206 75%MEETMVO 203 751A SIPEET L01 e w 721 7510 STREET N�GFPPoE C MES HERBERT WEST d x1�SB�75711 f pF6TW1�D.RJR 04 !z IYF TUP BTEIONM W(K.IIOLIE MCCLELLAN a PATRICIA{sloTlal! "A AVE a gNp�R I ERN'2{19-06-2998 (AURA NMI MORMON 1naI.R, I I I sav •I 740 _MANTIC 10 RAMIE Fj. 25m 16 1e, 0 25 50 75 Feet 75th STREET A�-L SURVEY AID GENERAL NOTES (0• VIV) .Et Y2 STREET) O GRAPHIC 2SSCALE (IO'R/lF)(M.SE PG. 124) �- L as.o'To [^ I. THE TOTAL AREA ENCOMPASSED WITHIN THIS Sint(CLOSURE SHEET 1 OF 1 -_ARUV11C MOUE COM IS 6,513 SO.FT.OR 0.150/CMS. Sc407' 1. THIS EXHIBIT IS ILA c R MENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF 'Oa27 II RN,70-OF-WAY CLOSURE AND INOFPOgENT OF THE ASSOCNTED 20U 204 d 6 nthSTRLET 202 75th STREET RECORD DOCUMENT($)AND IS NOT INTENDED FOR ANT OTHER A PORTION OF THE 10' Sr 15' LANES (PUBLIC R/W) WRY 0.HALL A.! EMORY O.NMI JR! THAN GENERAL REFERENCE. 595N4 IL WEL SUSAN M.NMI MU3. A M REPORT HIS NOT BEEN PROVIDED FOR THIS PROPERTY. ADJACENT TO THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, r I , , 51 IL1/ 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, 7 m « O EN ...... • 1..ThOki. 47. 48. 49 I �� �'� I s� I :� $ 3 '�^ SHORE REALTY CORP. (M.B. 7. PG. 124) 1 §' " �« g �" Z - . ER— LOT 36A i " " E,..l Ln. E904 RESUBOMSION OF LOTS 36 h 37 orn0/2130 �� oe SHORE REALTY CORP. (M.B. 7, PG. 124) I I - _ tOS CYi 7 0.00E O SURV D.N. 20080331000357680) I I I ��� AND 7:d0' )- Lnndecape Architecture e. Wnd Surveying LOTS 3A & 4A -1_ Nob AtIANIIC AYE CNA EnglneeAng RESUBDMSION OF -- -- — '- - I 7.52• N9EnE c aEY9s W N�181te.com 757.431.1041 N2 N601C I1R!SE6Won soarr2x51 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. ' ,0.1NE CU33101Nan LOT3A ,�,, (M.B. 170. PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I COMA a I 23.1975 GPM.2419 6b 3524 JOB:219-0346 DWG:219-0346_Pr.I:n,449 (M.B. 7, PG. 124) (I.N. 20181120000955390) ' REF:5-246 d S11-37 13/PG:1930/37, 1040/7A 1049/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10, 2020 1052/66-67 14 1050/23-25 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 209 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-0975 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1 . If the preceding conditions are not fulfilled on or before September 14, 77 2021 , this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epart ent City Attorney CA14865(E) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 I 76721 STREET II, (FORAMERLY 7,J STREET) 2YYg Teo'RA19(w.8.. 7 PG. 724) W N k,( I - I ►-a h Cj 216A MILST STREET 2104 7M STREET I 214 7111n STREET I 1 210 761N SIRELl 2061 e 76N STREET I 000 76N SR�T 202 70Y,STREET LOT 14 JOKE N.RNSH a R01WD H 100115 a ' PATRICIA It CORWEY PAIRCA GtEATON HOW SW 6/MICl01 a 'JAWS II OLYECO60 6 DIRBWPIER G.GVQ0 a /1i° `T101611E GILL 1w5N 116Y A WAS WE E ANE61ON. JOSEPIEE 0EL Q CMRN E P.UR R-CA920 GP9'2410-67-2163 , l770 161n StFEET 216B 761N STEELY2108 76M SIREr II I I TRUSTEES.10W 111E I204 761N STREET �v/�IWSEII A.R�ORWLL ,e MY/EDI MAID e . • MSG10N VMS TRUST q i 4 OFIORN RERRI 200 761n SINFET--- VJ QQ TOILE C.IFOMNL a p MY own `-b !y ^^�� i4 C ------ O G 4w 25 OOA2,A5 Y.IN7RR7/1 ST. n I :, o I w o$ I I g S 8 I S Q o I I a _ ` LOT 13 R2 �E Sii n n'l? "d,i Tin .,i ,q6 " ,g,m TT 86 m6 �^o e7 «7 5 CPW:2419-67-2161 "� - I : 19: -: I 9r I 9= 9 9: I> I 6: 9 9a 9a z [� o o I e I os s s I I s g $N 1 I g I s j j s7. �" m Ix f 4 250 R WO Se R I 7°0 Ae,wC.1 I 36031141.71. 167 se . I I I I I G CRN:NI9-6)-J006 O Q006 AerM 0.007 Aar is... 6006 10.7' �"0.007 OA01 Any j(�� I1 f19�s 1 I I I� I I }/ I } I �°" I bm --------- r Sx,I I I r ( Fi 5".1 i SOG'1 a Ov ,502!750/A,I.W,IL AVE I tl LOT t 1 Sg69' •GAP 36tAY-- , _.azv, __....;_c__MOO' .A.SO' _� -a69' MOO' CP1N:2419-67-2076 --�SOO' 1 SOD•) 11 1 1 ��moo :�' SAY SOV• Li SM•J 1-4 i \ 5� 5y R 5y Se 6e \i7y 1-1\ caw.. c . ... --------- __- i -_ I ` 04g A,'- ��0.Q06 Acn4 0.006 kar QQ06 Avg. O.Q00 Awes 0.1+06 Arar 0.040 Mr WIN:2419-67-7013 225 751h STREET O 7.50 rano 1� $ I I a $ i I "a a I a I I �' iu= - v) I .' S4A RA �i NP yt Rg A 32 ,1 " sffi I YI 8 , �mor9 W �4I/� d• m w GRN:2419-67-3021 1. 1 1� I 3: 19F 19 ]a 19 9 9� 16: 9" 19. 9P.,, 19 9 19r 194 � I '♦ ------}1 ------ I " r j J i $ I S I $ i " 75w A1V CLARKTIC E - 8i g CEORCE B a7AE 1241 kf 217 7s4N 511EL7 N 759 STREET 213 750,SWEET 211 75M STREET 209 75N STREETROO 205 2DAVIO T.5UI STREET •203 759 STREET1111111111317 �I' LOT 6 W 221 73p MEETRµ IMAM K.ROl HERBERT HEST 6 21�JB�7 111 1 0 WWI D.M9CN6 d1 BIIA BENUE�BEIONY WET 0...MCCIELLVI A P916(0A 511DTI01 01 Al 100181 I GPM'24t9-66-299a F+1 I I I 1"1A I MIT CHUM I I I '�°N i, a I MO TO AnN C/90.111E-j‘r- z 259 I5 10 9 0 25 50 75 Feet 75th STREET O (FORMERLY 117 Y:S774EE7) SURVEY MC SAL GRAPHIC SCALE (40 Pam)(~s 7, PG. 724) MO'TO I. TIE TOTAL AREA ENCOMPASSED WITHIN TMS STREET CLOSURE I' - 25' -ATI/WIC AIORlC " sun t OF 1 636BIf 5 6,513 50.R.OR 0.150 ACRES 1170 S4.Ft 7300' 2. 400 EXHIBIT IS MENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 Paw RCHf-OF-'NAY CLOSURE AND IIIOEPFJ END OF THE ASSOCIATED 204i a 2049 7516 STREET 202 759 SURELY RECORD DOCIINEM(S)AND IS NOT MENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMIT O.IwL JR.a EMORY O.1110.JA a Thopt..., THA R GENERAL REFERENCE. ADJACENT TO susw M 1wt SUSHI N.MILL 3. A TITLE REPORT HAS NOT BEEN PROVIDED FOR TIPS PROPERTY. THE 1YJsCIT.RN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, C.- § I I m O 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, 1121 47, 49 L..,,,-�+ SHORE REALTY 4CORP. (MB. 7. PG. 124) j �$ I s� I n �P Z 4C R ER- LOT 36A #x# I I��I ue. 2904 RESUBOMSION OF LOTS 36 8 37 F3 8 N OW WI t SHORE REALTY CORP. (M.B. 7, PG. 124) I I i $ n '~�SURN�O (I.N. 20080331000357680) I I I IaE9 O AND L90' <.II. landscape.Architecture LOTS 3A & 4A -__ rr,^ • 1446 AWINIIC AYE 461 CLMI Engineering RESUBOMSION OF -�--- -"�'--' ---�- Par VN E G.MEWS splelte.com 757.431.1041 I16241C 111E SE I WM IF701%Dm LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. ' 10.111E Ctosm Eft T cPw:2LOT 3 66-- w24 TECH:EAC (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I COUNCIL Nr a 1975 J0E1:219-0346 Der:219-0346_P1elim.eeg (M.B. 7, PG. 124) (I.N. 20181120000955390) ' REF:S-244 a S11-57 FW/PC:1030/37, 1040/7K 1049/20-21 VMGINIA BRACH. VIRGINIA JANUARY 10, 2020 1052/93-67 01 1050/23-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 205 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN %2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-1927 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office. which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 16/&44. W2/4017V Plannin epar'ment City Attorney CA14865(F) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\006616I 1.doc R-1 September 3, 2020 3 • 76M1 STREET Ili (F( MYE77LY Hi s7REEF) SO'R/IY)(Ma 7, PG. 124) r1 y Nk I I i I W I 4! 216A 761H STREET xt6AI76N 760201 I x14 Ieu STREET I T 270 76TH STREET zaG a 76tn sDKEf I 206 lea$11107 I 202 760,STREET 6LOT 14 R ARM a TNSN a RONND a WORKS• TMTRW It comp PAl1tlCn GlEA5012 IOIN SG/a ARIO147p1 d 'JAILS W.DE6YECOIO a ONASTOPIWR G.0-C t f� Woe 2419-67-2183 220 76a 11Nttf '� 111M A M666 RST E AUNDER THE J06EPIaE OEl3ECGYq COMA L RRSTR STREET i�O 2160 76TH STREET 2166 76TH STREET I I I i TRUSTEES.UNDER j I 201 76TN V l3' geSlEx At NORMAL ,0 MAUREEN MAD a , , ARRNGTON LNING TRUST , , , Q DEBORAH BERRY 4 0 200 761h STREET_ r ) ,g ,TOILE C.TNROLL a RAY own gg 1.. a E b R vJ do DarAAs Y.RORRIJL I f.; 0 2 ! F g o 8 j 8 8 8 I s; I I a I I `l 0 4. a, 9�„ ;,,2 LOT 13 e, n _n " `b 6 e,"e t'....e a.o , CM:2419-67-2161 R N a I 's , I s. I.a _ I I stl 74 s I�t I §_ I §; I N §a t E ( V g l' 10 I I s I I s t� LOT 12 E..I �rt J8 GPM 2419-67-3058 O x6o rt l260snI3fa 114 rt t2D Ao,.6 1n sn i �J////'0.00ALL U )0147731m: -ac. ///-02 06 sar 0.w7 oo0s 0.001 a __-__---- /�-4fSaDV/ 1 /-S� I t I I! I I ri I Sf✓D'y SDD•� .f I /A�• I I - 7507 Q 7501 ARAIITIC AVE ' r 1. l ( ► ( 3---- _I _ ( I l / LOT 6 ,, �' Rom'- 3a pp' ��' ��T- .A 70' /600' � GRN:2419-67-2076 51 - �aav' �� I :owi \ � �i�'J ` � SAY T i � `Garr 1_1\ �,t aro' } sue' ` � •. - - - I--1 0.�59. { 54 \..... n`2,�0.000s `21;00.�s }} ` sue}} `a .. Au Ft 0.ow Imo.. i r� GPIs 24 9 I67-3013 225 75 h Sor&LT Avg At+e4 O F"' ;o I I a I I x I a a l r �13> cry MCI �� j 1 26 �tl 2T 57� � j j$ j :$ �18 , LOT9 w C3: 9. 9G ;, 9a 91 3: " 9+ C]r 9 g ,j. (9MN:2419-67-5 021 ' U 1, GEO A B CLAM �E -+ ,pRT-Ry4 -----+------ g g I g I g g o I I I _8'.'g GORGE 6 - 4711) I ,217 75a STREET 215A 75a STREET C HEWS 213 75a STREET 211 75a STREET 209 75a STREETROBER 205 75N STREETWO 7.STICRTM4• �203 75a STREET �I' 457 6 k 221 75�h S1XttT RN GFmK K WEST a 21In5B�751N STREET CNR6INN 0.MI5110Na Nt 6U246EIN MET R.IICCIEIIJJT C.IICCLELUM a AR7K;M J;91D110N MIIIa.08ROP pi SNORT JR. --f .I. GfMN:2419-66-2996 W I I I LAIrM NMI 40RRSON IR I I I I RSV NJ_, Ida' ^� I 65A,70 QI . ARAM AWE �- Z 252o T5 1a 5 0 25 50 75 Feet 75th STREET Z (FORMERLY 112 45 57REE7) SURVEY AID GENERAL NOTE8 GRAPHIC 25'SCALE f4o'R/W)(MR A /24) RIO'TO �_ H 1. 1NE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE BREST 1 OR 1 ARJ- 10 Avoa>E EXHIBIT 6 6,513 50.IT.OR 0.150 ACRES. 1no ItAmmoNiM73A7' IS CORM2. THE CORM MENDED TO SHOW THE WA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 A, R -OF-WAY CLOSURE AM)INDEPENDENT ASSOCIATED a 2046 751h STREET 202 75a STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/N) E610RY O.NHL JR.a WORE 0.114E JR.a THAN GENERAL REFERENCE. ADJACENT TO WW1 M.IWL SUSAN 6.NNL 3. A TITLE REPORT HIS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WEZThRN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, L13, § I i I O 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, " • t,'fft op` 47, 48. 49 5T a =7 I s 8 8 s '+ SHORE REALTY CORP. (A.B. 7, PG. 124) I q' 9 94, "4, It " Z 7 �•IC/C IAIRNER TAT 38A i $ I o F�1 L1.(,$. 22906 > RESUBOMSION OF LOTS 36 & 37 NI I I 105 Ft �/ �) �� _..,,SS- SHORE REALTY CORP. (A1.s. 7, PG. 124) , , D901 h+1 44 SURo( (I.N. 20080331000357680) I r� 81 MOO O AND I s, '- Landscape Architecture i ------- ►.- Land sJrv.ylnq LOTS 3A & 4A - _ _ 7406 ATIANTC AVE `i HII flu; 4:11g RESUBOMSION OF 7sr YNERIE G.BEVIIAS iu�rwicPM.S1E1MDRom REMM1:s04Is:' LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 16MJCAast6e0n LOT it Nat:EJIG (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I 1 G0140 3 4 ON Jr 23,IraI GM2119-66-3e71 JOIN2111-0346 OeG:219-0346_Prin.dir9 N.B. 7. PG. 124) (I.N. 20181120000955390) ' ' RIM 5-246 a 511-57 FW/P6:1030/37, 1040/75,1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY I0, 2020 1052/66-67 a 1050/23-25 t 219-0348 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 1,763 SQ. FT. OF THE 6 UNIMPROVED RIGHTS-OF-WAY ADJACENT TO 7 203 75TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portions of the unnamed, unimproved 12 rights-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portions of the rights-of- 15 way be discontinued, closed, and vacated, subject to certain conditions having been 16 met on or before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portions of the unimproved rights-of-way 24 (collectively, the "Right-of-Way") be discontinued, closed and vacated, subject to certain 25 conditions being met on or before one (1) year from City Council's adoption of this 26 ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and being 29 in the City of Virginia Beach, Virginia, designated and described as 30 "1763 Sq. Ft. 0.040 Acres", and shown as the area shaded black 31 on that certain street closure exhibit entitled: "STREET CLOSURE 32 EXHIBIT OF A PORTION OF THE 10' & 15' LANES (PUBLIC 33 R/W) ADJACENT TO THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 34 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 35 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. 36 (M.B. 7, PG. 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 37 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 38 20080331000357680) AND LOTS 3A & 4A RESUBDIVISION OF 39 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. (M.B. 170, PG. 10) 40 AND LOTS 6 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 42 25', dated January 10, 2020, prepared by WPL, a copy of which is 43 attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-66-1978, 2419-67-2076, 2419-67-1078-1840, 47 2419-67-1078-1850 and 2419-67-1047 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this ordinance: 52 53 1. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The purchase price to be paid to the City shall be 55 determined according to the "Policy Regarding Purchase of City's Interest in Streets 56 Pursuant to Street Closures," approved by City Council. 57 58 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 59 property and vacate internal lot lines to incorporate the closed areas into the adjoining 60 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 61 to the final street closure approval. Said plat shall include the dedication of a public 62 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 63 approval of the Department of Public Works, and the City Attorney's Office, which 64 easement shall include a right of reasonable ingress and egress. 65 66 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 67 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 68 do exist, easements satisfactory to the utility company must be provided. 69 70 4. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat are not approved for recordation 73 within one year of the City Council approval, said approval shall be null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 14, 78 2021, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 14, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 94 REALTY CORPORATION, a defunct corporation ("Grantee"). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 97 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 12-/ ataA, 4 Wi Planning partrhent City Attorney CA14865(G) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 } 7621 STREET WY (FORMERLY 11J Sift-FT) MO'RAY)(M.B. 7, FG. l24) h W4 a 1 14 r?<Cj 21N,78M STREET 2186I76N STREET I 2i1 76U STREET I I 210 76M STREET 2aM a L0 760 S� I 1116 7NA SIIRT Na 761h STREET ilk'0 JOYCE K WISH a RPM It WATTS a ' RATTIER N CORLEY PATRICT4 OEASON NOVAL WA 8/ARIGTON a 'JAMCS W.OELMEC010 a 0405f9PNFR G.GIRO a LOT 14 C 220 7filh SWEET L2188 1 GILL RA1311 m MA A WAITS I I I I 1ARE EFTS,WEER 118 J06EPIIRE OELi COp 204 767N SRR11-CIO o GPINI 2119-67-2163 SO IIBB 767N STREET 21QB 76M STREET 2 NM51EN Y ROIRNI. IMAM DIU4W a ANWfrWN LMIG TRUST , , , OE7WRAH BONr iQ JOVVE 7. 200 76th SINEL7 V E oa,a/e N.RORRALLa g I °R'"ARa 'Io o'. I i �1 s i I I I g 1 g I s g s E I I a I 7 $ e'il --- cr J 4 q LOT 13 O S a$ e$ "1, , b" 6n ' ' -' 'a^ 13m 1 0_n ' ^m , 7 ' . GM 2419-67-2161 R I o 'n I s� f, - I I sq §P IS I �_ 19 I I z o I $ Ig I o I o I I I I o I �^ TOT 12- - F"( 730�o,R '300 R ]80 SyIt 735 5y R 120 5y R 167 R' GRN:2119-6)-lW6 O 0.00a M� 0.007,Mir I Ap. 0A06 Aer. SAY I 0A07 am •0.OQ1 Avg 0.0M Anr I • Z rs- ,l , /RAD' I f I� ' i/ ' SCtl'1 --ill- , I7Rr, 1 I `( I it `r +( I `(J1 1'sax' 1 610AD'' I 1 �JAAY 1 RSA)• 1 I .AIO• I 75oa a 7504 7-2070 AVE LOT 11 -- -.-•2g------,----.. -.-� .���..�1�..��tt't(' _ �..___���.r�._ GRN:2419-67-2076 6� n� I // 1� V � J . J T ar f \7 rz �SaO' Sp 100'J `\\\` 54 SAD'J -_•-_• Ste' SAD' \ SAT' QA7• __-__-___ a r . 225 IO h SRNE7 I �0'0�6 Am* O'Qod Ae� �0.006gy ee:o6v,R ` 6y 11, 7 sy/t, 004 EA e ..; - LOT 10 AUY Ins Raw Aorr 0.0W Acne ORN.2419-67-3013 O l ry a i N a a o 7d0' __- / 9.1 I & a $ I I x I 3 I I 4000 V) - „ i •..,,'91, :S 9,, x ,'"„ 35. mE rS s :E :r ^.? 3S :f 'I LOT9 w S=' I '!' ra I 5 F. I I 1 I GPO:2419-67-3021 75O AIIAMC AYE ^ -+ ►x - + - - g I g I 7 g J I I I >S I GEOWE 6 wen - i/ 1+~ 11 I217 75a STREET 2188 flU SO6ST 213 756,STREET 211 75M STREET 206 7su SIREN 205 786 STREET 203 75n SWEET m 8 WILTER TENOR WEST a HI1EN C.DUDS JOIN DNEl MOO a ,VDT BEJINE 1 1aTCNl 4 ROBfR1 C.IICClE11IN a XIS T.%TOT1011 t 4ANMWP A SHORT,JR -7 um,2419-66-2998 r�i,( w 221 751h STREET CERRC K 1T51 2780 75111 STREET QWRIWI 0.10401 d MNh EL,2ABE7N JeE K.WOCTIL AN PATRICIA J,SWOON t AVE R.SIMI IAIR41 MN YOW604I WNW I ( 7.90' 710' I TO - 850'AILATMC A -� z 75tfl STREET O 25m 15,15 s O 25 50 75 Feel (FORMERLY 111 S'3 Sint') 410'R/11')(MS 7, PG. 124) SURVEY AND GENERAL NOTES GRAPHIC SCALE ( 650 TO s' [`PI II 1. THE TOTAL AREA ENCOMPASSED W11WITHINTMS STREET CLOSURE SHEET I OF 1 ^-A1VMC MORMORE - L ' 006B0 IS 6,513 SO.R.OR 0.150 ACRES. ,t70>w R :/iio' 2. THIS EJWBfI IS MOOED TO SHOW IHE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF ' '1170E0E Ram E.n. RTo4T-OF-WAY CLOSURE AM)INDEPENDENT OF THE ASSOCIATED 2o4F&2049 7511.STREET 202 75t STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) EMORY o.MALL A.A DORT O.1NL St a THAN GENERAL REFERENCE. SUSHI IL 14E1 SUSAN M.NEL 3. A TOLE REPORT HAS NOT MEEK PROVIDED FOR THIS PROPERTY. ADJACENT TO THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, o q i I 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45. 48, o O 11/111 LnI Op `f 47 48 49 o s I @ s e �1 r7�� SHORE REALTY CORP. :43.7B. 7, Pc. 124) 1 g' a a a �' Z K:/E$RNER LOT 36A N Eao. 2'M04 RLSUBDMSION OF LOTS 36 g - a NV30/2020 �/ c� a� SHORE REALTY CORP. (M.B. 7, PC. 124) I I I 7_ ,%s Y�I N� SURV� (IN. 20080331000357680) ra AND , 7.JO• 8(. `- O Landscape Architecture IATS 3A & 4A -F w La -�-- 1 CNN Engln 11q RESUBDMSION OF ____i __-_f 7.,9D• vAIEmE NLYab 2"+L�r izioo a51Eiwaw7v4D,„,8P45E1 LOTS 1, 2, 3, 4, & 5. SHORE REALTY CORP. 1a IVE1( W8GlrTI LOT 34, 1E01.:EAO (MWMM IN.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I 'r`2.11115 GPM:2419-66-3824 (9-0 46 Sty 2l8-O34R-�.�9 (M.B. 7, PG. 124) (I.N. 20181120000955390) ' • PB/P0:1030/37, 1040/78,1049/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10. 2020 1052/66-67 a 1050/73-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 218A & 218B 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-57-8032-0001 & 2419-57-8032-0002 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 111C1 D� oviz'vvv Planning epart ent City Attorney CA 14865(H) \vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 7BTH STREET 2 (FORMERLY 11J STREET) io (80'R/IP)(Me. 7, PC. 124) 's W Mae II ) I I ST QLI OMt 76N 61NF1� I21&76M NSIl& 216A 7H. STREET I 2 4 76N STREET 210 76TH 206 7661 SREET I 202 7!M SWEET 2 Q� JUICE K NASH! RONVD H.YV615! VATRCN H.COPU.Y MTRId1 4TFA5011 KOWL SMI B.INi1C10N& �.Y11E5 N.DELYECCID& OKSPOPIQ C.CFRZO& LOT 14 LORRA9E GILL NALAI MN T MAWS TRE I I I I TRME N.PRRINGTOL USTEES UNDER 71E711E j JOSANE oACCHIao j COMM 7664 gM5WZ0 CRN:2119-67-218J ' l p 220 761n STREET 21BB 78RI STREET 2186 76M STREET v SI O 10651F1I K NORRNl, o Y91Rmi pUAIID d ARRNCIO/I iMIG TRUST a m OEBORIN 6LRRI 0 200 76U 511611--- /.� JOICE C.rORRA11& r, my own '•' . VJ O oouaAs M NORRAIl I '= ' o I $ I 8 8 8 T o g S? j I 3 I O Q LOT 13 R, m1, AA; n. V5r ,n5I "bF 5Ci WI -m o,^p .'S^ 'd To mo nm n-' , r7 `'4 Gm 2419-67-2161 s" 1 f I E;Y I s n. § IS I § I s; I §e I s; m $y 6y 6y y�, LOT 6 O 1 ApI� I Apw )rIM Aur I I I I I C N:2119-fi7-3008 760 R J00 sa R 2d0 R ]Ilb R 128 R 1N7 R aawmw aoaE A... s� a6a sro om7 oaw oaw bm ~j s� _ ' i i i i s�'� ' sd9 j ' i ray i i - - - r� fr -�--- .-T- C 1502 d LOT C AYE 300' moo' 1 i woo' i sae 1 goo J7.50• _ r000' woo' GPIN:2419-67-2076 OT 11 nm• r m• 3aCtl' 00' 00' JAR 75.02' - - �sa9 ICI 3a91 I�\ H 109 J \ "1 �s�•J t ti,A,J I `� sa9 J � I ! + - - - Z 4111 1 376 Sa \2w Sc So \260 6 + 250 Sa.r1. 1 270 ta.f1. 1763 sq.R _ LOT 10 225 75Ih]INLLf I Q.99 lrlr 0.406 Alar 0.006 k 0.Q06 0.906 Pass 0.908 Ames 0443 Pam I _ GPIN:2419-67-3013 O 7.30' I w I $ I a I - I A 6m.' Cl) M i a B X. SiI A; 51$ R S� :� s S g LOT w ^J• ' I 4, I - I °i I " I °' j GPIN:2119-67-3021 (4,) �� i �� �ti � 90, 9^, �- r 5ry 9'y 9� 9„+, �,+„ A 9A Cl) ' ' 1 ' ' 7500 A71AN11C AVE ^ ♦ ------ ------ V I o U o I a P I " t I g N g I o .8 x GEORGE B CARKE - +1I/ 04 '217 759 STREET 215A 75th STREET 213 75U 514851 211 75U STREET 209 75th STREET 205 756 STREET 203 756,STREET ' LOT 6 i NAUER HEABEII1 NEST a IE1E7I C.RIDS JOFH DNeEI 1i115110N& NFX B 01471 1NTCINIY ROeERT C.NCCLEUM d 69AD T.SHOTI011 d NNR9NP A scar,JR f� GPM:2419-66-2996 w221 75i 516011 6EI6iE K NEST 2158 7511 STREETCH65TVN D.NUSHDN !1NR1 OJZ9IETH JANE N.NCCLEWIN PATRICN J.SHOTTON &JA E R.SHORT LYIRA ANNI IIORR60N INfCI1Nl11 i I I I 7.50••�,\1 I 750• 65A'TO i124 -A1IANIC AVENEA'- �J, 2529 15 I9 9 0 25 50 75 Feet 75th STREET ^ (FORMERLY 112 Si SFhtt 1) SURVEY AND GENERAL NOTES GRAPHIC SCALE (40'R/W)NB. 7 PC. 124) �� 1� 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS STREET CLOSURE 1" 25 SHEET 1 OF 1 RIVAL MIME ...ov_ EXHBR IS 6,513 SO.FT.OR 0.150 ACRES. EXHIBIT �1170 Se.R /Sp7' 444 2. THIS IS ED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF ' •oa27 Am.. ECORDRIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED 2041 a 2048 75th STREET 202 75UI STREET RECORD DOCUMENT(S)MID IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) MOW 0.HALL JR.d SNORT O.HILL M.a THAN GENERALERALREFERENCE. ADJACENT TO SUTAN IL NC. SUSAN II.HILL 3. A TOLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESThRN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, 1 rl I § I 5 0 OIL" .- * 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, m 1.Th op `f� 47. 48. 49 I j 8 $ ry w SHORE REALTY CORP. (M.B. 7, PC. 724) §' s+ I " RIC NERD-• LOT 36A g Lie. 2964 RESUBDMSION OF LOTS 36 h 37 5 ori30/2820 Z c� oe SHORE REALTY CORP. (M.B. 7, PC. 124) I I -� ,�. '6 �Xm.; N'9 SUR0� (I.N. 20080331000357680) I j j rWX O AND 7.J10' 8) Landscape Architecture LOTS 3A & 4A I \` w Land Surv.ying -1--- -- 7406 A,UMK AVE `� N1 Engineering RESUBDMSION OF R10' YPLERIE G.BLOWS NDIeite.com 757.431.1041 T LOT 1, 242 N6TNG SRL SE 6 NOM EOM VI 2392 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 10'INN cases m cm MN:2LOT 14,-J821 ca9n ON 23,1975 TECH.: (ALB. 170, PG. 10) AND IATS 6 & 7 SHORE REALTY CORP. 1 I JrE JO&219-0346 (A4G:219-0346fn1i Ahrg N.B. 7, PC. 124) (IN. 20181120000955390) ' W030/37 100 It ' 4o/78, 1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/08-67 d 1050/23-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 300 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 216A & 216B 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "300 Sq. Ft. 0.007 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN % OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2419-57-8093-1216 & 2419-57-8093-2216 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021 , this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: keA. J / eJ� Planning epartfnent City Attorney CA14865(I) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 76rti STREET IlYY$i MIRA/ERLY I1J 57RErr) (80'R/U')(M.8. 7, PC. 124) ......`h 0, w N k,(,�'` I I I f I ►-4 y Cj 2161 NIL STREET 1,M'76M STREET 1 211 7MN STREET' ' 2,U 76M SIR(E7 20M a ABB 7!W 5� I 206 7aq STLEi I 202 7MN SIREE7 L�I. 1*- in JA10E K 1R15I,a RONNO N WR14♦ PA1WArl N.rnPIL7 PA/RM;N QFA50/1 KO" sNl S AWlWI04 a MAIMS W.oFlOEopp 0 ' aRmORI8R s cozo a I i I '°�"""`i`°'° V 220 1fi1N STREET IORRANE GILL WASH LNDA A LMR16 GRx:N19-01-21d 2188TE 761H STREET 2165 76M STREET O 200 7611,SWEET pQ s WOMEN IL ratlbvl. Iw AY NOW am APINCION WING TRUST aerOww BERRY --- 62 8 JOYCE C.RORPA,L& $ ,-i RAY duARo - a a $ F Y o «OaRKrs M.roRRALL 4 ., I o g o s s 1 8 a 7 i �l LOf IJ 0 R$ ^'$ eS ^§ 3� �T b� Sn Rn n _g „o bG o6 _ e' n� GPM.2119-67-2161 sd.- r 2 .2 -X sr . s s Imo: �r- I I sa i s6 z Sy I� S� $y Sy S� of . I2 O 0.006 Aer.. Asp I ,1�.I aW{Aww SA7'I OA07 Asoo IO0 A 90 I0001 :.I I i GRIN.2119-61-.XIOE ZSOD' , ' ' K W SOr' 1 1 (�/ I r awl y{rJ SOD'1 1 ' I S� ' I I 7502 t 75W A7IIN11C AVE -11�1`—_I-- I I rI -- 419 6 340C 31YD' 1 S1.f�V' _��-�.--A'10--_—�—_ _I�rO.GD' MOO' GPIx:1t19-67-7076 ii Or -----T------� I \ I \31 -I \ 250 R J \ � / \ � SAD \ R�'J `il�q., •,' __LOT 10—__— 1.4 SQ7' ` SOD' IT 5y SAD' ` 5� Ste' ` 3y 50�0'J • 5# 9. zip 225 751A STREET I O'� O.Q06 Ac,e 0.0M Our 0.906 ,.. QQ00 Mw O.QO!Aer OAW MAr .-.%y CPIN'2t19-67-XIIJ O Thy' q R /P. • E50• $y /1 i i Y' I >. I . x I &' g' I T T I '• I a m I &' I 7 I •.000 As.. ___ CA „n 2"; xa aYt Al R� yP ,S :4 ?a s ,g MA . Lora W I s. I I sG sa I I 6: I s. s: I 9 �ry I 3G I 97 • I 54*M19-61-3021 CO: #« = = « F. #«# « « * « 7500 A1UM1C AVE _ /V^� ♦ — + - - I 8 I I o 5 o g I J g 3 I h I I S & I I g 8,'g mom 9 wale C ,217 75/2.STREET 215A 756,STREET 213 25M SIIEF7 211 750,SBaE, 1W 75N 09*11 205 751h STREET 203 75M SRa,:, - .� a MOLTER NOWT WEST a NUN C.MEWSJOIN CAMEL MJSHOM• AIDI BERIE7T YTCMM ROH 1T C.IICfJE11AN• OW 1.SNORON a VARTH10P A SHORT.A -1 MN'2119-00-2990 w 221 7510 STREET WINE K MEsr 2158 75,N 51Ra, 06a51MN O.MLSMDII a WRYRRA&04 JAIE K.IICdfUM PATRICIA J.SHOR011 a NNER.S/CR) I iI LA11RA MN NOP950x WORN I i i 7.SD'l .1, 1.50' Ira', I \ 65.0'm —AILMJIC A14/61E-N-- Z 25m,e la ! 0 25 50 75 Feat 75 STREET (FORMERLY 111'/i STREET) SURVEY AND LIBERAL NOTES GRAPHIC SCALE (40'R/1r)(Ma 7 AC 724) 55.0'm1.0 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS SIREEI CLOSURE I 25 MIMIC AVENUE "� EXINBIT 6 6.513 93.FT.0R 0.150 ACRES. SHEET l OP 1 If20 54 R :Jd�' 2. THIS-OF- IS MENDED TO SHOW THE AREA INCPROPOSED STREET CLOSURE EXHIBIT OF 0.027 Ws RECORD -WAY CLOSURE IS INDEPENDENT OF l ASSOCIATED 204A a 2015 75U STREET 202 75LN STREET RECORD DOCUMENT(S)AND NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/11) EMORY a NUM JR.a MR!a IMAL JR a THM4 GENERA REFERENCE. ADJACENT TO SOW a POLL wsAR M.IPIL 3. A TILE REPORT HIS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, ps.. I I 1 1 i ��0� WO `f+ 27, 28, 29, 30, 31, 32, 33, 3447 35, 48 38, 49 9, 40, 41, 42, 43, 44, 45, 48, I +P. ' s$ ' $ 8 O SHORE REALTY CORP. N.B. 7. PC. 124) I §r sN §N II k .§' -\‘, 1 . 3•I NERr. LOT 38A g F. #« g Imo L..(((JDD1���•. 2904 RESUBOMSION OF LOTS 36 & 37 g t LV e a/W2W ,... SHORE REALTY CORP. N.B. 7. PG. 124) , ,. 105 4002 ,; g H4 SETO*- (I.N. 204380 331 000 3 5 7 680) I i ra" C z50' 8:.• /- LLaandscape Architecture LOTS 3A & 4A rL w on Er raetag RESUBOMSION OF —�--- -- - - J zSp' VALETBC BLDM t�te.eom 757.431.1041 LOT SA iwTAc>was1E1NOM1BWrtxst LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. xr,lAEaoa6man cHN:2119-66-J621 TECH.:u0 (M.B. 170. PC. 10) AND LOTS 8 & 7 SHORE REALTY CORP. I I CO1 1J'Kc23.11116 JO&219-0346 OM:219-Ou6-P616nowa (M.B. 7, PC. 124) (I.N. 20181120000955390) I' REF:5-246 a 51i-57 MPG.1030/57.1010/7e.1046/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/60-67 a 1050/21-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 250 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 214 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "250 Sq. Ft. 0.006 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN '/A OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-57-9052 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LI L-- luu_agaibtizai„) Planning epartMent City Attorney CA14865(J) \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 • 4 76Th STREET (FORA/f7MY 11J SMELT.)IS (80'R/W)(M.8, 7, PG. J24) �_' W NhL(I 216A 761 STREET 2164171 A STREET I 214 79a,SIREE1' I 210 761N STRESS 20M a 7a6,STREET I 206 76th STRET 202 76th STRUT �$4 Q JOTZ K.6VLSN& 676MW H.VMS! ' F0110C 4 It wPLY PAIRKAA GLEASON KOJ4 SAM L ARW6TON l :OAKS W.OELYEC 20! ' CNRISIOPIIER G.CNOO& LOT 14 220 761h STREET LORRANE C61 O1511 16M A Y11116 ATE L//6611CIOA J06E7VEIE 00.NFCO4D COMM E WLYER-C6420 GPIN.2419-67-218.1 30, 2188 761N STREET 2169 76M STREET I I I I I MUMS.LOCO THE I I I 204 761N STREET �2 I0051EN Y.EORRAEI, MAIM OKI4D A: A100611ON LAING TRUST , , , OEBOR414 BERRY 4 200 761h STREET I ha 010WS JOYCE Y EOPRNO' �Y DREAM e s I I $ 3 a log 0 1 I a I I 2 $it's - - LOT 130 R� �� o� i n '6,: j � '�.^ei i ry,^'o i ,7,°4n'' �^n" _ j\m 'bm j o,^u j �.^u j n- j .n0 11,E� MN 2419-67-7161 J. E ( is $ s I 6 j K IS a I a I s I I �° LOT 12- - l1 CNN:2419-67-1009 O 2m 5y R '30D R I I 260 1HZ I 336 5 106 S: ,l,S.R I I 4006 k,.. 6A07 krr Sqp' 0066 soar 6AD7 -0.60J 4068 k. Z btl _ _ _ ,ja. ' , , 1 , 1 , 1 t , 1 , , , 4 7502 i 15504 ATLANTIC AVE J r'°°'S I I IS j I j I s.'W lag I �l�°' I I 1 J4Q0' 14AD` Q,OD` _ �$�_�.�._____T__-�""'" MOO CAN:2LOT II-2078 6L - T - 1.4 -- `SOO't_i �N I 1 300'i \71 H t \ tcul aao � � lRav'J l \ �Ra'j \ 1 �na6 mIo Sri Sa R 2lID g�, 1 26D 4�R �, 6�Rl } Sy} 1 \\ s� \` Z 225 751h STREET 0.046 MAC 4406 Ae� 0006 k,a6 0.Q0S M� 0.406 klw 0.Q06 Aer 0.010 b� l / GRAN'2119-67-J01] O 7.1D E-' i 2 $ I i 1 j a i a i Y a a ;c j- - v, 0".14'„�� I n r y, &' &' g� �5; rE ^.a S3, 2 41 , , LOT9 w 1, a X 2 8A _ is I I 9,, C I y IF. I •sr I sE � , g� g_ ` 1 GTMN:2419-67-3021 •41N Z - -' - a t I t it t I o g g I I 1 7500 MANTIC AYE _ CI -�--- s � � � I � I � 8� 8 GEOR«B aA64 '217 75q SIRFi 2151 75UI SNOT 213 75R 512001 2,1 7SUI STREET 20B 75N SUED 205 1511,STREET ,203 751h STREET ' LOT a 221 751h STREET ke11(ERNE K.6057 A 21956 7751N STREET f11L5TW1 0.MOON AID 'C1R WHIM NB JNE K.NCQELIIAM• PATRICIA.41M1THAN J,SHOTTNMVO 1.STAMM I �'44 J�UE R SNDR�It SHORT,� 1 CHIC 2419-68-2999 a Wi I LY1M NM M06a5011 16TCI I i I 7.50'_ 1, 7.D0' AI MA'TO ARAM MAE--N-- z 252o 16 1a 6 0 25 50 75 Feet 75th STREET O (FORMERLY 112 V2 s0REET) SURVEY MC OEIERAL NOTES GRAPHIC ZSSCALE (so' )NsPc /24) 55.0 m *90 1. THE TOTAL AREA ENCOMPASSED TITHER THIS SINLL1 CLOSURE E SHEET 1 OF t A6NIIC AVENUE OMIT IS 6,513 SO.FT.OR 0.150 APES. JSOC' 2. TANS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED 1170 S4.FL ' STREET CLOSURE EXHIBIT OF 0.1127 harmNii RIGHT-OF-WAY CLOSURE AM)IIWEPBiDENT OF 1F£ASSOCUTED 204A a 2049 751h STREET 202 75M STREET RECORD DOCUMENTS)AND R NOT INTENDED FOR ANT OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) Now O.PAL JR.a MORT 5.IIAL JET.l THAN GENERAL REFERENCE. ADJACENT TO 5715A1 M HILL SUSAN N.HALL ]. A TffLF REPORT HAS NOT SEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, E § 1 5 I 5 m 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41. 42, 43, 44, 45, 46, LIB pp`� 47. 48, 49 9} I 5$ 5$ g w( SHORE REALTY CORP. (M.B. 7, PG. 124) P it- it Z -�1C ERA LOT 36A g �33 I ' 1••1 u oA/J6. 2904 RESUBDMSION OF LOTS 36 & 37 I Y3 g c �/ c e SHORE REALTY CORP. (M.B. 7, PC. 124) -� , ' R. fil s4, O SURVi (LAN. 20080331000357680) I Tom, LOP C AND I •4i.. Landscape Architecture RATS 3A & 4A ---- -Tt ►" LLa11d Surv4ryin9 _J___ 7406 ANMC AVE CrIpv1O Engineering RESUBDMSION OF - -- - ( I 7.6a' 9406E G M AK N2"M'69YC lit 5TE615Y757.431.1041 EOM IA 2331552 LOTS 1, 2, 3, 4, & 5. SHORE REALTY CORP. ,E it 1NE MONO NY OTT LOT SA TECH.:EAG (M.B. 170, PC. 10) AND LOTS 8 & 7 SHORE REALTY CORP. I I ONr23.1975 GM:2419-66-3824 JOB:219-0346 CMG:216-0.146_Pnrodo9 (M.B. 7, PG. 124) (I.N. 20181120000955390) ' REF:5-246 l S11-57 FB/PG:io3O/37.1040/76,1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/66-67 a 1050/23-25 f 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 325 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 210 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "325 Sq. Ft. 0.007 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN %2 OF LOT 19, LOTS 8, 9, 20, 21 , 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-67-0003 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /� zuaL9GU1zi Planning epartrhent City Attorney CA14865(K) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 76TH STREET Ig ye w N k,((,,` I l I ,-a y � 218A 76M STREET 216AI7NA STREET I 2i1 76u STREET( I 210 761H STREET 2061 t 761h MEd I Zoe 76u SIPFE I 202 761A STREET LOT 11 L.^O, JOTCE K.046214! ROUND R WINS! ' AA7WOA H.COMET, RAIRI3N 01EASON K07N SW B.AMIOION d 'JNIES W.OFEKCGp d CHRSIOMWR G.fNQO! /re �4 (FIN:2419-67-2163 220 767h STREET IDWtl1E all 11AI W m MCA A YN66 I I I I TRUSTEES.U ITC :I.,. p 'JDYPIIE OEE i CL760 67NIIM �iN20 V 216E 78. STREET MAL216E 76M SIREETKI67EN Y.RIORPNL IIMNE01 BDAM r N661GIOR IAtNO 7RU51OE60RAH BONYo 200 761h SINLLI /�,MOWSNCE 71 AY 66tN� o I g s i 18 1 g I9' s I a 7 $ Y V� LOT 13 O m . $ ' ^0' ' n^ ' - g ''b^ 25 G; ' _o ' e m 9 ..,o �• GPM:2419-67-2161 Rm o � �q f a �m "a I 3 s� s: I== I �n `� � ( F F 3« g« 9� • - �� 9+ 9m Z o I s I I s js I s I I s t� a,12- - JIt CRN:2419-67-3008 O 260 5�.It 'am Pt I I 260 5�IL I 305% Ft 723 SF It tt7 Sq Pt I a0W kaw 6AD7 Asw -,Sqp•, a0M Herr sue' Mw OAOS Asp -OLM M/M Z } } :et7} ) ) ) 1 1 ,} ) sao } sa, } s' by - - s00• 1 7502 r 7504 A71AN71C AVE -- LOT 11 l 3000r Ml SOOW __,IE11L_�-.J7J0.-_�_T_- -MOO. MOO' GRN:2419-67-2076 iiie" --c ----"T------\-6.00'11I � \ 37ISry tar- ` � �� L `2603y n�.� �\ �q�• �\ �� �s�'� ` �q.IX.j `t I63�3M, --LOT l0---- ►"'1 '41 ` I ao)6 An96 imps Acne 0.006 Aur \\`22;0 �.. \ apos a.. 1 agleee�e.. moo As.. CRN:2419-67-3013 225 75 h STREET O i' I g I i I a ^$ I $ ^R, I x a I m m S'' "R' ..i- -6a006 Asr __- `/J Www4 �t ^�t x a . �� s 8 .. Y 7 Y 1 ,A , LOT 9 W pQ n. 19 I n �a 19i 9 c I C3� I 9 P �� I g« I 9 v 6 1 GRIN-.2419-87-3021 ♦ __-__+__-__- " ' ' " '� l" " " " , " u .. " as _ i,�.. 7500 A7VMIC AVE - I . I $ I o v I I a i s l a l �r g GEERGE B aAMa40 217 75u STREET2151 75M STREET 213 751A STREET 211 75M STREET 2w 756,SWEET205 75q STREET203 751h STREET RIL01 6 RAM IfW6D17 6651• KM C.770106 JOIN Dv0 16/910N r AIFX BFRI[77 MOANROBD1f C.110UE11AM a DAND T.940I101 r T NRNOP A SHORT.JR GIN.2419-66-2990 w 221 75 0 STREET G[INE WEST 215e 75111 STREETt16651YN O N ISIION d WRYE66ABL7N JAIE K.110.61 11 I PATPATRICIA J.$IIOTroII r JA1E R. I i K 1R TAW MM IgfWSM I IN i Y . I 7 �'. I 7�• 65.0'TO - AVENUE � z 252o Is la 6 0 25 50 75 Feet 75til STREET(U.SCD SURVEY AND SAL NOTES (fLWM£REY 7 P12 GRAPHIC SCALE (�O R/1P) . 7,, PC /2fJ WO'To I. THE TOTAL AREA ENCOMPASSED WITHIN STREET CLOSURE I- - 25' BREET 1 OF WITHIN'MIS ATIJMIC A05L '" EXHIBIT IS 6,513 SO.R.OR 0.150 ACRES. tt70 Sq.n .7dg0' .44 2. THIS EXHIBIT IS NIENOED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF '0.027 Amos PoCHf-OF-WAY CLOSURE NC INDEPENDENT Of THE ASSOCIATED STREET r 201E 751h 570EE1 202 75th STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) OMo.IYLL A.a NOM'O.HALL JA r 110/4 GENERAL REFERENCE. ADJACENT TO 915A N IL WI. ST15N1 Y.HILL .3. A m(E REPORT HAS NOT BEEN PROVIDED FOR 110S PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 28, § I I ., : 1 Q 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, I j $ a l�Oppl 47. 48, 49 sty '� s� 4� w �7'��_� ' SHORE REALTY CORP. (M.B. 7, PG. 124) §' ^' 6 �M1 '' /c$RNER� LOT 38A g €'€ #"# E. j..j IJo. 8804 RESUBOMSION OF LOTS 36 & 37 6 tS S _. a a c� aM/MO o� SHORE REALTY CORP. (M.B. 7, PG. 124) -J , a°5,,, „ N4 SUR4$4' (I.N. 20080331000357680) I 7� t- O rao0 Landscape AEMTtectlxa AND �_ I I ,^1. ly WO LOTS 3A & 4A --------------- LOOA g �_ __ r 7406 A7tN111C Mk `� CMI EnSgInR6ri0g RESUBDMSION OF E -- --- ---f- 1 z,50• VNERE1 OC.MEWS a cam 757.431.1041 J{ YiAf 11L s[61,ION iA9l M 23457 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. 7a TAKE aasln M a67 T 3A TECH.:LAG N.B. 170, PG. 10) AND LOTS 8 & 7 SHORE REALTY CORP. I I COMM 6N JIA`U. 1 GPM.2419-66-3674 JOB:210-0346 ORC'219-0J/8yn11^A"'9 (M.B. 7, PG. 124) (I.N. 20181120000955390) ' REF:5-2415 d S11-57 FB/PG:1030/37,t040/76,1040/20-21 YIRGINIA BSACR. YERGR'TIA JANUARY 10, 2020 1052/60-07 t 1030/23-25 t 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 312 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 208A & 208B 76TH STREET 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "187 Sq. Ft. 0.004 Acres" and "125 Sq. Ft. 0.003 30 Acres", and shown as the area shaded black on that certain 31 street closure exhibit entitled: "STREET CLOSURE EXHIBIT 32 OF A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) 33 ADJACENT TO THE WESTERN % OF LOT 19, LOTS 8, 9, 34 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 SHORE REALTY 36 CORP. (M.B. 7, PG. 124) LOT 36A RESUBDIVISION OF 37 LOTS 36 & 37 SHORE REALTY CORP. (M.B. 7, PG. 124) 38 (I.N. 20080331000357680) AND LOTS 3A & 4A 39 RESUBDIVISION OF LOTS 1, 2, 3, 4, & 5, SHORE REALTY 40 CORP. (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY 41 CORP. (M.B. 7, PG. 124) (I.N. 20181120000955390) 42 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated January 43 10, 2020, prepared by WPL, a copy of which is attached 44 hereto as Exhibit A. 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2419-67-0055 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this ordinance: 52 53 1. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The purchase price to be paid to the City shall be 55 determined according to the "Policy Regarding Purchase of City's Interest in Streets 56 Pursuant to Street Closures," approved by City Council. 57 58 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 59 property and vacate internal lot lines to incorporate the closed areas into the adjoining 60 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 61 to the final street closure approval. Said plat shall include the dedication of a public 62 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 63 approval of the Department of Public Works, and the City Attorney's Office, which 64 easement shall include a right of reasonable ingress and egress. 65 66 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 67 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 68 do exist, easements satisfactory to the utility company must be provided. 69 70 4. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat are not approved for recordation 73 within one year of the City Council approval, said approval shall be null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 14, 78 2021, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 14, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 94 REALTY CORPORATION, a defunct corporation ("Grantee"). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 97 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA14865(L) \\vbgov.com\dfs l\applications\c itylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 76711 STREET (FORMERLY I/J S)x[t7)III (00'RAY)(M.B. 7, PC. 724) �1 ckl N I 14 a,,,t 218A 76M STREET 216AI7601 RUT I 214MAW 78th S I I 210 76TH STREET 208A d LB 7670 MEdI 206 769 SILT I 202 76M STREET /4.4" JOYCE N.WALSH& RONND H.686(S& I N OOPIEY .PATRICIA CIFASON KOVAL SIN B.680907ON& LOT 14 :OYES W.COMMOELM7[pID d Q666TDPHER C.CARZO d 220 7681 STREET IORRANE GAL WALSH 10101 A 111R1(S JANE N.IF UNDER 1I, J06EPIrE OFLYFDF1p MINN F.FUNFR-GRZO GPM 2419-67-2183 KRISTEN 2 7(1 WDSFR 4 n 21wIl wor own d I I I I I I�STEES u 1)171ST I I i OFB 204 ON STREET JOKE C.WORIWl d - RAY Dl1NiD o b '....1 -17 200 76th STREET-_- �ti DOLMAS M WORRNL 8 n I -r 'Dl ST E 1 2 I ' 8 10 I I I a BERRY I I $ ggOT 13 O R °' m ^Y 6 I Al,', '6" SG : Am Arf RG .6:a 1SG ' <G �G 1 dS " GIN:2419-67-2161 ga ry O.r I a r I § r� I § I sa I>' >F I• qF q« I d z F t $yg s g ig I s g g I g I g s Iig ig I g I F. s I # �" DT12 �"' 200 •te 300 007 .FL -ass'I 200 )wt I Sh sa R 12s sa.R 167 54 Ft I I I G"H:1t,9-67-.xAW O Salt' a0D7 Acw _0.003 Amr Al Aelr jO� Z 1 L ram } �S�• I 1 I I I ij I I I `1 I Sab'� (' SaG'i �SI , I 7502 d 7504 ATLANOC AVE i daQO' 1 1 sax' I 1 if'city' 1 JSOD• I -- 4 E _----•---- ----�----...�.- .-.. .--�..-...-..- -�-_ GPM,2419-67-2076 TAW' a2' 3aaP• a7' ab' Sa ! Ilaav 7sa2' 1 1^ �SLC1-4 I �i� I L� saa \� �.0o5 Sx \ �=aa \ :ab J \ °� 1 =a�1 I L. I - - - Z 376$p.R 250 S70 R 280 gy R \27.0 Sry R \260 9p,R 250 Sq.R. 170.3 Sq.R ' LOT(0 225 75ih STREET I 0.049 Aew O.QD6 krn 0.006 Aur 0.006 Avr O.006 kr� O.Q06 Acres 0.010 Any �� G%N:2419-67-3013 O 7s°' I x :s I a Y P E I g.1.1.95ta. CA nS .,, RS, X �m A rS 5� :S . Y� :S 1S, g , LOT9 W I� • °i I ''x ^' I I ^' GPIN:2419-67-3021 F-+ s, 9ry �L a Sa, 9� .., 9` 9± 5N q tl I Cl)^ xEE AVE I I I . � I o g g I g g I g I - VI a GEGRGE. CL RKE - +4./ 217 75U STREET 2150 75in STREET 213 75N S,IEEf 211 751h STREET 209 7kh STREET 205 75N STREET 203 75U STNtEf LOT 6 all WAITER MERBERT WEST d NELEN C.MELDS JOMI OAIEL HIID10N d ALE%BERNEIT MI,CHUM ROBERI C.IICCIFl.LNI& OANO T.SHOIION d WNORIP A SHORT,JR. �.r l GRIN,2419-66-2998 ig w 221 7111 SIMILE GERRE K.WEST 2158 75TH STREETG PoSINN D.N STION A HART EUTABETH JAE K.AM MAN PAIR/CIA J.SNOTOJN d JOE R.SNORT LAURA LAIN MORRISON MI1f:ILIUN I I I I '50•\ I I 750 I 85 TO Owl ATINRIC POLE�� Z 2500 19.10 5 0 25 50 75 Feet 75M STREET SURVEY AND GENERAL NOTES GRAPHIC SCALE (wRA)(FORMERLY z /24) O _ 81.0'TO I. THE TOTAL AREA ENCOMPASSED WITHIN THIS ARLO CLOSURE 1- 23• SHEET 1 OF 1 AllANTIC MENDE�� D(16BIT IS 6.513 SO.FT.OR 0.150 ACRES. 7.ity' 2. THIS EXHIBIT IS INTENDED TO SHOW 1HE AREA OF PROPOSED 1170 S4 R RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF • 0.027 An.. 204A d 2048 751h 0(961 202 751h STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) DORY D.HALL JR.& EMORY O.WILL JR.d THAN GENERAL REFERENCE. SUSAN M.HALL S M.HALL 3. A TIRE REPORT HAS NOT BEEN PR0110ED FOR THIS PROPERTY. ADJACENT TO SUSAN THE WESTERN 1/2 OF LOT 19, LOTS 8. 9. 20. 21, 22, 23, 24, 25, 26, 6 I 00 O EINg 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, LIB Op`f+ 47 4B 49 e y --7., w •,'� SHORE REALTY CORP. (M.B. 7, PG. 724) I z •IC/C.y,RNER LOT 36A o g _ o F..,� I10• 2004 RESUBDIVISION OF LOTS 36 & 37 OH/J0/2010 t� oe SHORE REALTY CORP. (M.B. 7, PG. 124) I I - , ; 'C�i ��SUR�� O.N. 20080331000357680) I i 7�ab O AND Z00' 8( �- LandecalJe Mchitecturo LOTS 3A & 4A _1- - � E^ 7406 ATLANTIC AN Land Surveying -Cnd Englneenng RESUBDMSION OF --- -- - 7,30' VALERIE G.MEvba 222KIMaDKSRA MGM LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. Nr vie aa®bran LOT 31. TECH.:EAG (M.B. 170, PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I CNIRL ON 73,1 WA 1 MN:2419-66-3824 I MIEE I REF:21-0346!51DWi G:219-0346_➢I.I:e.d.9 (M.B. 7, PG. 124) (I.N. 20181120000955390) I Fe/PO:1030/37,1040/78,1049/20-21 VIRGINIA BEACH, VIRGINIA JANUARY 10, 2020 1052/86-67 d 1050/23-25 f 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 413 SQ. FT. OF AN 6 UNIMPROVED RIGHT-OF-WAY ADJACENT TO 7 7500 ATLANTIC AVENUE 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described portion of an unnamed, unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (I) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "413 Sq. Ft. 0.009 Acres" and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN 'V2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-2998 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorney's Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plEt are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1 . If the preceding conditions are not fulfilled on or before September 14, 77 2021, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 2 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: klet:A P114471-(AR Plannin Dep ment City Attorney CA14865(M) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdoc s\d020\p035\00661611.doc R-1 September 3, 2020 3 4 7BTh STREET Id ( (FORMERLY 113 SIRE0T) 80'R/11)(M.B. 7, PC. 124) �\ Ny 1.74 y Cj IAS2t&76 4 SOaET T1M�76N 0)180) I TII 761N STREET I I 210 76M STREET 20b1& 76M 51� I T06 76N!If¢CI I 202 76f$STREET A JUICE K WALSH a 608410 H.WRNS a PAIRKN H.00NEY P41004 Cl0A50N NOUN SW E ARAMCI0IN a 'J00 R.DELKC01E0 a pgg10%MA C.GYQo a LOT 14 220 161A SiNEEI L CLL W21.511 1181 A WADS I I I I AVE K INIIIOION, i JOSEPIBE OEIi Q3 C•MIIM E MJER_'/R10 DNII:2119-67-2183 CAN) O 216B 76IN STREET 2166)601 STREET TRUSTEES,UNDER DE 204 76M SIIEE7 v N. IWSIEII 0.MORIPLI, a NI//IEDI OSIND!e N00E.70N tAMK'711U5T 7.... OE4K486 WRY o 200 76U SIRR7__ !arm C.:rum a TMY own -'o g Ci/1 �W DDuc1As u.woaRAu ? I § s 8 8 8 §8 o I o 'i $ �' LOT u SI$ ,Fj n� ,•'�' �+"+ l3+�+ "(5n rve Nn rc R^ ^ m e6 �e o� n� CPW:2479-67-2161 O og I i 1g g g g I g I g g g I g ig I g I g I _ I tp - - — s — LOT 12 O le WIN2419-67-3006 250 300!e , 28D 0 0ski 007 . ,m .. 140 i n 1 I I I I N4� ft Oaw 0.007 SW oao6 SA7 Gaol OA107 aao4 A,.r wm 4 r , f60D..1' I E d r ij Ian a 1,..1.112c....... ill lay, r rS �. 7so2 S 7501 ATVJIIIC AVE I '"FE 00100 5°rA ' SOIAP' 11 q.AY 1 •17a2' tl law MEE00' CRN:21 9-67-2076 icar ow ce 5.1 ----- ------ `5".Li �\_J S�� saP'J \5°1 H tl �..5y 1°D. \ s°1 tilm'J \` ao8'��5�•J L\a`a7. 1-+ sv.J \` I Lssao• I --------- Q + CR99 Sena 0.1�06 lati 0.006 of \\ n. 2.06 n. 0.Q00 A n.. cups Mr LOT 10 r PN:24 9 -7013 225 75111 STREET O II I m i i ! ; ,1 1 7 . 7 I _ I I � • n'6�6 V) ;, h R XC ,^„ 3 xg RT Yp _7 v. S 74 V� 1 1019 W I '^ I I I (AN:2419-67-3021CA -� r~�I I g I o g I g g i g I g I 5 I a "B Ralf — (14 k 1 217 756 STREET 2,5,75b STREET213 750 STREET 211 758,STREET NO 7546 SHEET 205 75N6 STREET 203 75NA STREET LOT 8 I ITILIER HERNIAE REST! MIDI L.NEWS JOIN OANFL NU9INON! AV31 BFI61E11 88100l ROHRT C.I1LClE13IM a 0.4D T.51011011 t MTWMP A MU.JR --/ CAW 2419-66-2998 , w 221 751 STREET (ORE K.WEST 215E 75M STREET DEs51wN D.HUSTON a WRY WEAKEN ,MIS K.IIWIII/M PAMIR 4 DEMON a JA E R DON i I LNRE1 MN N10Rg5p1 161i6Y I I I I 7.50'- 7.50' a I \` 05.070 ATLANTIC ` NTC AVENUE z 252o 16 la . 0 25 50 75 Feet 7.5� STREET C)SURVEY AID GENERAL NOTES (FORMERLY!!177 STREET) GRAPHIC SCALE (40' R/W)(ma z PG. 124) I .1 1. THE TOTAL AREA ENCOMPASSED 11111N TIES SEREST CLOSURE 3BEET I OF 1 ATLANTIC 1' - 25'IS D AVENUE�- FXNBIf 4 6,513 SO.FT.OR 0.150 AdES tt70 rt .1s00' 2. THIS EXHIBIT IS WENDED TO SHOW THE AREA 1ID PROPOSED STREET CLOSURE EXHIBIT OF ' '0.027 Aa.. RIGHT-OF-WAY CLOSURE AND INDEPENDENTOTINTENDED OF THE ASSOCIATED 204*a 2049 79N STREET 202 756 STREET RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) MOM D.Iw1 a.a EMDRY O.WEL St a THAN GENERAL REFERENCE. �ADJACENT TO SM4 SU N.169E SUSAN M.HMI3. A TREE REPORT HAS NOT BEEN PROVIDED FOR TIES PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24. 25, 26, e I § m 0 RI 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 48, I " viz 47 48 49 a S" s" $ 8 4� w ��� SHORE REALTY CORP. (M.B. 7, PG. 124) §" §5. I 5 I �. -a IC/C J,RRTNER LOT 38A g " g j..j Z\Ivr - - Ile. 2904 r RESUBDMSION OF LOTS 36 & 37 I g g g M/30/7010 �/ �1 o� SHORE REALTY CORP. (M.B. 7, PC. 124) . - Z. ,• ; „ F+i M°SURV� (I.N. 20080331000357680) I j ,40-- O MOO 7.50' 8): � Landscape Architecture LOTS 3A & 4A I�viI�yEn lgineulnq RESUBDMSION OF —�—__ __—_ _ __ 7m• vAlf16E BlLV915 142 11WSGIC 1w&SE 6 W102k sias.os:1 LOTS 1. 2, 3. 4, & 5. SHORE REALTY CORP. 1 ',o ME CLOSED er lat LOT 34 TECH.:E7a (M.B. 170, PC. 10) AND LOTS 6 & 7 SHORE REALTY CORP. I I C01M0. OM TIE 73.191 6 GPIN 2419663674 JCS:219-0346 DWG:219-03461,,.0m.41.9 (8.B. 7, PC. 124) (I.N. 20181120000955390) ' REF:S-244 a St1-57 EB/P0:1030/37, 1040/70 1049/20-21 VDiGINIA BEACH, VIEGINIA JANUARY IO, 2020 1052/10-67&1050/23-25 t 219-0348 corApplicant&poration Property Owner lames T. Cromwell, Esq., Agenda Items Receiver for Shore Realty Corporation, a defunct 2 city of Public Hea ring August 12, 2020 Virginia Beach City Council Election District Lynnhaven Requests #2 Street Closure (All but one 5'x 37.5' section of an unimproved 10'x 400' alley running east to west between 75th & 76th Street ("Alley") and the 15' x 95' section of an s„e.oa ti ljr, unimproved lane on the north side of 75th Street ("Lane A")) 90,,\ #3 Street Closure (15'x 85' section of an unimproved lane `'� on the south side of 75th Street("Lane B")) e.wn Staff Recommendation Approval z"� Staff Planner Marchelle Coleman - ttmil Location "o Alleys and lanes adjacent to properties located along 75th & 76th Streets Adjacent GPINs See page 5 of this report �aa� Site Size 6,512 square feet AICUZ Less than 65 dB DNL Watershed Atlantic Ocean t to Existing Land Use and Zoning District ( A0 ), Unimproved alleys & lanes/R-5R (NE) Residential (North ; - ! t: En Jr-verlay) _ ' Surrounding Land Uses and Zoning Districts -` s' North 76th Street + Single-family dwellings/ R-5R (NE) Residential (North End Overlay) ':: South 75th Street Single-family dwellings/ R-5R(NE) Residential (North End :, Overlay) . . East - T.,,:. ., ,�. -17 Single-family dwellings/ R-5R(NE) Residential (North End Overlay) West Single-family dwellings/ R-5R (NE) Residential (North End Overlay) James T. Cromwell, Esq. Agenda Items 2 & 3 Page 1 Background & Summary of Proposal The 18 adjoining property owners are requesting to close the 10-foot wide by 400-foot long unimproved alley between 75th and 76th Streets with the exception of a small 5-foot by 37.5-foot area. This area to be closed totals approximately 3,812 square feet. Two other smaller lanes are also proposed to be closed with this request, a 15-foot by 95-foot portion of an unimproved alley(1,425 square feet) north from 75th Street (Lane A), and all of the 15-foot by 85-foot unimproved section of lane (1,275 square feet)south from 75th Street (Lane B). The total 6,512 square feet areas to be closed will be incorporated into the adjacent residential lots. F The underlying fee title in the areas proposed for closure is vested in Shore Realty Corporation, a defunct corporation.The property owners of the residential lots adjacent to the areas proposed for closures joined together to petition the court to have a Receiver appointed for the purpose of making application for closure of the alley and lanes. By Court order entered on May 21, 2020,James T. Cromwell, Esq.,the applicant, was appointed Receiver for Shore Realty Corporation. By Court Order entered on June 18, 2020,the applicant received approval to convey the fee interest of the alley and lanes to the respective adjoining property owners. The respective adjoining property owners ,have also signed disclosure statements giving consent for the closure of the alley and lanes. 7 11 Zoning History # Request 1 STC(Portion of 15-foot wide alley)Approved tl i 01/17/1983 `, 2 SVR(Section 4.4(b)(d)of the Subdivision Regulations— 3 1111 Resubdivide lots to accommodate two detached single- family.l dwellings)Approved 07/18/2016 J 3 SVR(Section 4.4(b)of the Subdivision Regulations— 1 \ ! ,j f ` ' Resubdivide lots to accommodate two detached single- family dwellings)Approved 09/28/2004 PI Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on May 14, 2020,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider these requests. The Viewers determined that the proposed closures will not result in a public inconvenience;therefore, closure of these portions of the rights-of-way are deemed acceptable. On June 23, 1975, City Council approved closure of the 10-foot wide alley running east to west in the block on the south side of 75th Street, east of Atlantic Avenue. Also, City Council approved closure of a portion of the 15-foot wide lane south of 75th Street on January 17, 1983. These types of closures have been done in this area before and has not resulted in any public inconvenience. James T. Cromwell, Esq. Agenda Items 2 & 3 Page 2 The 10-foot wide by 400-foot long unimproved alley running east to west between 75th &76t'Street are the rear yards for the adjoining property owners requesting this change.The unimproved alleys and lanes does not provide pedestrian or vehicular access to any waterway, recreation area,or residence;therefore, no vehicular or pedestrian connectivity would be lost with these closure requests.There are no public utilities within these alleys and lanes, as indicated by the Department of Pubilc Utiltiies. However,the Department of Public Works has specified a need for a drainage easement over the proposed closed areas to be included on the resubdivision plats, as recommended in Condition 3. Based on the considerations above, Staff recommends approval of the proposed Street Closures subject to the conditions listed below. Recommended Conditions for Items 2 & 3 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels.The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates these sites as being in the Suburban Area, Suburban Focus Area (SFA) 7—North Beach Area. North Beach, located on both sides of the Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort (R-5R). Moreover,the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring James T. Cromwell, Esq. Agenda Items 2 &3 Page 3 stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs)for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces,where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used. (p.3-24) Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be significant natural or cultural resources associated with the site. Public Utility Impacts Water&Sewer There are no City water or sewer services within the limits of the proposed areas. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2020. E As required by State Code, this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. o This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 30, 2020 and September 6, 2020. e As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk]city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. James T. Cromwell, Esq. Agenda Items 2 & 3 Page 4 Adjacent GPINs 2419662926, 2419661995, 2419661978, 2419661944, 2419661927, 2419661903, 2419660975, 2419660952, 2419660933, 2419569993, 24195699540001, 24195699540002, 2419569902, 2419568972, 2419568950, 2419662998, 2419673021, 2419673013, 2419672076, 24196710781840, 24196710781850, 2419671047, 2419671019, 2419670076, 2419670055, 2419670024, 2419670003, 2419579052, 24195780931216, 24195780930002, 24195780320001, 24195780320002, 2419662899, 24196628250001, 24196628250002, 2419663824 James T. Cromwell, Esq. Agenda Items 2 & 3 Page 5 tri CD (D .•r n O to C J CD 7Ba1 STREET 5' x 37.5' 15' x 85' X ti t 1VORNMtr 113 S7 T7) • nii @'$- in.Mt C',.. WA w-c,q, I n•x•..rai •:N'Y. ss.• 7R•Aat. I Rw 11®!' I ,m a.aram a f�• ~�'\ 4M c ri+• +r••WOW a • tan..:�nry .•ernes,:on •r.1IwIC,o.♦ •YYI • 0 nVicen• ewarr ,W+R• i s OM*;'.w:' .^".., I I I M"i,.'c�.. i q�..o Ksoo j O.M aw i .44P•.•O•a. WINM ROM• *mop Wm M ,r.tr C.tsw•,• Ma NM, 0 •Re w••or- e...� • . I - I • I. - I I 1 I • �a'RZ w' I . r.41�: . Alt a.. 7ww`wwL 1 1 sr " • �.�!I�nd•� 1 ���"..-�r.�T�..-swr.._-�• .. t .:Y3L.T...7 ,11.- •n•••• 1 nlr w • . • • _.---------• ` f Nor) .r� ark mar) ! --------- rie P.nest \`M n •\AL4 4•�4.. • `/Minn. '\net M R t\�{�M��r , - _ `an 1.4w a1w r ^�• Ep•M l•••rM •e r� eqM .. . - r • I I _ I i I I la 1 . 41%1 . 1 I 1 F - I I : 1: .. :,.. i II n.M••.•�• a�c .• 1.••,.•rpt e• c .4• IMO. \••►3• 1,J i •1N•\I ,.,,� ... • A `MIMIC aAA4-s'- ,R . .e �� >a ,>... 750 STREET r,Ye ZA r n!1Y m ,.p RUMMY APO 6I�111L NOTES •GDR APMIO 25' MI !w+'M yw ,.,a on) �- 1 ro loll. .111W'4,;n tn,op s.1:nee eon . =ICES 1 or 1 _•*orb 4' + tr fr.•1 4,3r3 MI t,.on 4330;CMS ;•�M`= •• f TtC 11112T 0 0047•A Sb Tor kaA CO ik!•MN•a 57RELT CLOSURE ox,mn Or • 4:M-Of-a•OCSAC PO en(K14 0.1 or M 4130041,E I Mt • man cans nPo5)NMI a,r.&MOM R C 4T MN* A PORTION OP TAR 10' Q 15' LANES (PUBLIC R/11) 'ns a.il•1 n ram '• NO NS"Rh•175 5 ADJACENT TO I WC;Mw7.'KW MO ..•nra*L7 Ipl•I,Mp-.K., THE IIESTERN 1/2 OF LOT 19. LOTS 6. 9. 20. 21. 22, 23, 24, 25. 26, ' 27. 26. 29. 30. 31. 32. 33. 34. 35. 38. 39. 40. 41. 42. 43. 44. 45. 40. • I _ ._`...........-......•....4 YR Q> 47. 46. 49 - 1 R �� SHORE REALTY CORP. 04.e. 7.PC. j j �- .ne B - - �� LOT 36A RESONCMSON Or LOTS 3a 0.17 1 - ?r. �04 SHORE REALTY CORP. MO. 7.PG. 424) 1 , , ;AAA 44b alit"- (I.N.200e033100035711110) I j ,.. • •••011457 . LOTS 3A h 4A ••4• ...... r'.• w z N �•y i57..4T.1041 ,t cow¢•.wn T4 Y•i•R 9f 1,IMw4AllM75,a UOT3 1. 2. 3, 4. & 5, SHORE REALTY CORP. .-.._._..........."......._.....,.. (Ma ,7q PC. ,o)MD LOTS 6 A 7 SHORE REALTY CORP. I i 0) Oft tre-,044 etsan,er.e`..+..« (M.9. 7.PC.124)(i.N.20101(20000038300) 3 1n!0*MOI"i"«N».tall.-,. MOMS DUCE.1e7GINIA U12011ASY 10,1E020 D CD • xar/•�••4 rowns-73 00 at C Portion to be closed Portion to remain open 0 m 3 3 m -0 v. - 0) N00 Q0 IT 1D to 01 W .p Site Photos f" l r 4 F # 1, 1' • ,:3 .i. - ,�„.-3 • _ _ .?s"__ 4'3 . °_ 1L q ~ t • ' r`iY 'Y' `-- Mom-e,ir. . `Y i-r '- �T 1, k !] • iNlitoo, - - J.ra Fir.:.iG t.Y L.f'�.. .�.ti • is z . r Y{'Ili . r • ` r . M r t / ‘''''' � James T. Cromwell, Esq. Agenda Items 2 & 3 Page 7 Site Photos k1. a '+ems,-f~ ,: _ - • — , ~ .e - • • t~'�3'fir• - ..f ' —. .�.� s ff lit h 't i ^ C z - � p 1 r v =[ t, 3� - Y cA4 • James T. Cromwell, Esq. Agenda Items 2 & 3 Page 8 List of Adjoining Property Owners Adjacent Property Information A. Owner Name: Winthrop A.Short,Jr.Jane R.Short Address: 203 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-2926;2419-66-1995;2419-66-1978 Existing Zoning:R-5R Residential B. Owner Name: David&Patricia Shotton Address: 205 75'h Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-1944;2419-66-1927 Existing Zoning:R-5R Residential C. Owner Name: Robert C. &Jane K.McClellan Address: 209 751h Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-1903;2419-66-0975 Existing Zoning:R-5R Residential D. Owner Name: Alex&Mary E.Mitchum Address: 211 756 Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-0952;2419-66-0933 Existing Zoning:R-5R Residential E. Owner Name: John Hushon,Jr.&Christa Hushon Address: 213 750 Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-56-9993 Existing Zoning: R-5R Residential F. Owner Name: (i)Helen C. Fields,Unit A (ii)Laura A.Morrison,Unit B Address: 215A&215B 756 Street,a Condo,Virginia Beach,VA 23451 GPIN(s): 2419-56-9954-0001&2419-56-9954-0002 Existing Zoning:R-5R Residential G. Owner Name: Gerrie K.&Walter West Address: 217&217A 75'h Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-56-9902;2419-56-8972; 2419-56-8950 Existing Zoning: R-5R Residential H. Owner Name: George B.Clarke Address: 7500 Atlantic Avenue,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-2998;2419-67-3021 Existing Zoning:R-5R Residential I. Owner Name: Galumbeck(not acquiring) Address: 7505&7504 Atlantic Avenue,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-3013;2419-67-2076 Existing Zoning: R-5R Residential James T. Cromwell, Esq. Agenda Items 2&3 Page 9 List of Adjoning Property Owners J. Owner Name: Christopher G.Carzo&Cythnia E.Fulmer-Carzo&Deborah Berry (not acquiring) Address: 202&204 76th Street,a Condominium GPIN(s): 2419-67-1078-1840;2419-67-1078-1850 Existing Zoning:R-5R Residential K. Owner Name: James W.&Josephine Delvechio(not acquiring) Address: 206 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-1047;2419-67-1019 Existing Zoning:R-5R Residential L. Owner Name: Sam B.Arrington&Jane N.Arrington,Trustees,Under the Arrington Living Trust Address: 208A&208B 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-0076;2419-67-0055 Existing Zoning:R-5R Residential M. Owner Name: Patricia G.Koval Address: 210 76th Street,Virginia Beach,Virginia 23451 GP1N(s): 2419-67-0024;2419-67-0003 Existing Zoning:R-5R Residential N. Owner Name: Patricia H.Copley Address: 214 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-57-9052 Existing Zoning:R-5R Residential 0. Owner Name: (i)Ronald H.Marks&Linda Marks-Unit A (ii)Ray H.Dillard&Maureen Dillard-Unit B Address: 216A&216B 76th Street,a Condominium GPIN(s): 2419-57-8093-1216;2419-57-8093-0002 Existing Zoning:R-5R Residential P. Owner Name: (i)Lorraine P.Gill&Joyce K.Walsh-Unit A (ii)Jeffrey M.Kent&Kristen M.Kent-Unit B Address: 218A&218B 76th Street,a Condominium GPIN(s): 2419-57-8032-0001;2419-57-8032-0002 Existing Zoning:R-5R Residential Q. Owner Name: Emory 0.&Susan M.Hall Address: 202 75th Street&204A&B 75th Street,Virginia Beach,VA 23451 GPIN(s): 2419-66-2899;2419-66-2825-0001,2419-66-2825-0002, 2419-66-2825-0002 Existing Zoning:R-5R Residential R. Owner Name: Valerie G.Blevins Address: 7406 Atlantic Avenue,Virginia Beach,Virginia 23451 GPIN: 2419-66-3824-0000 Existing Zoning:R-5R Residential James T. Cromwell, Esq. Agenda Items 2 &3 Page 10 Disclosure Statement t'ii-gh is Beach APPLICANT'S NAME James T. Cromwell,Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board . _ --* The dis:ctos urts contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE I�R CrtY USE ONLY/Nf discTou:res m.rsi be updated iwd pricy to iny ! Page 1 of 7 Plaunincv C.On1n1i5S10rt and Chi Cowu.0 meetitu that eel tains to the.pplicationts). I 0 APPLICANT NOTIFIED OR HEARING DATE ® NO CHANGES AS OF ()AU 9/3/2020 MLC i v REVISIONS SUBMITTED DARE James T.Cromwell, Esq. Agenda Items 2 & 3 Disclosure Statement iir/B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT !S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 & 3 Disclosure Statement $.1 344,-- — Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 `Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity it also a controlling owner in the other entity, or (ili) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets:the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there Is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, va Code § 2,2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T. Cromwell, Esq. Agenda Items 2 & 3 Page 13 Disclosure Statement i NB APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if needed) 0 IC' Accounting and/or preparer of /�� your tax return F1 r Architect/Landscape Architect/ Land Planner • Contract Purchaser of other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed l 1 I X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Vx Construction Contractors zn Engineers/Surveyors/Agents WPL Financing(include current I\/� mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) XxI I Legal Services Sykes,Bourdon,Ahem&Levy,P.0 Real Estate Brokers / [•1 E Agents/Realtors for current and I I L� anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have t I v an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T. Cromwell, Esq. Agenda Items 2&3 Disclosure Statement V rginia Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this Application. James T.Cromwell,Receiver 7/06/2020 NT'S SIGNATURE PRINT NAME DATE Page 5 of 7 James T. Cromwell, Esq. Agenda Items 2 & 3 Dna= 1 G Items # 2. & 3. James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation [Applicant & Owner) Street Closure (All but one 5' x 37.5' section of an unimproved 10' x 400' alley running east to west between 75th & 76th Street ("Alley") and the 15' x 95' section of an unimproved lane on the north side of 75th Street ("Lane A")) Street Closure 15' x 85' section of an unimproved lane on the south side of 75th Street ("Lane B")) August 12, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the Consent Agenda and Commissioner Wiener is going to handle. Mr. Weiner: Thank you, Madam Chair, the next order of business is the Consent Agenda. These are applications that are recommended for approval by Staff and the Planning Commission concurred and there are no speakers sign up to speak in opposition. The Planning Commission placed the following applications on the Consent Agenda items 1, 2, 3, 4, 9, 10, 11, and 13. Let me back up a minute. Planning Commission also replaces the following applications for the Conditional Use Permit for Short Term Rentals on a Consent Agenda, as they meet the applicable requirements of Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no known speakers signed up to comment, which are items 9, 10, 11, and 13. Is there anyone here in opposition of these items. Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1, 2, 3, 4, 9, 10, 11, and 13. Okay, I move the following items to be approved on the Consent Agenda, 1, 2, 3, 4, 9, 10, 11, and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond:Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote, please Marchelle. 1 Ms. Coleman:Sure. If you are in favor of the motion say yes and if your opposed say no. Mr. Alcaraz. Mr. Alcaraz: Yes, Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. lnman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman:By a recorded vote of eight for and zero against the following items 1, 2, 3, 4, 9, 10, 11, and 13 have been Approved by Consent. If you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date. So that others may attend in the chamber, please exit via the side door. If you are watching virtually, you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda, Bill Landfair will introduce the first application. Mr. Tajan: Madam Chair, just before Bill begins with the Regular Agenda. I do want to note for the record that Mr. Wall, Mr. Coston, and Mr. Barnes are not present in the meeting, due to personal things they need to attend to 2 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. 3 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 ik Ji \ li gsgrou limikl.... -n R-5 R(,N Ev) �J %$ 0 ,, iiloosrk,. ,, \ ri . ri No.,lm..1 1* .,,,, 10.„„% , 1 Ra5R(N,�E°)i, OF . ilikl*Iii it** : ‘ . I ti. I Ills.ra 0,, itial 11 a , ,,,,,,,,, R;c5:_LR(N E) % Lii,ix.„„r0 itsi *ii,•,143: i; ,,,,c3 , ti.� ,i R"514 N E PA Sia0 10.111f-et * ., 1 lei i Taril,-----1o0 i\\Iiiiiii A � � R-5R .N:E : ' a ♦ 1 ram.1111 - 1101 R-51R (N E al11kViss �J El gill I I R 5R(N.E daeill N // Site James T. Cromwell, Esq. WAN E Property_Polygons Alleys and lanes adjacent to properties .v►J. Q located along 75th & 76th Streets S Zoning Parking Lot Drive Aisle m Feet Building 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Approving Application of James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a Defunct Corporation, for the Closure of Approximately 1,275 Total Sq. Ft. of an Improved Portion of a 15' Right-of-Way Adjacent to Properties on the South Side of 75th Street and the West Side of Atlantic Avenue MEETING DATE: September 15, 2020 • Background: James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation ("Applicant"), requested the closure of approximately 1,275 sq. ft. of the remaining improved 15' right-of-way adjacent to 2 residential properties located adjacent to the south side of 75th Street and the west side of Atlantic Avenue (the "Right-of-Way"). The underlying fee in the Right-of-Way remained vested in Shore Realty Corporation. The owners of the adjacent residential properties joined together to petition the Court to request that a Receiver be appointed for the purpose of making application for closure of the Right-of-Way and to convey the underlying fee to the respective adjacent lot owners. On May 21, 2020, an Order was entered appointing James T. Cromwell, Esq., as Receiver for Shore Realty Corporation, and on June 18, 2020, an Order was entered approving the conveyance of the fee interest in the Right-of-Way to each of the respective adjacent property owners. • Considerations: The purpose of the proposed closure is to incorporate each portion of the closed Right-of-Way into the 2 adjoining residential properties, as more specifically shown on the Exhibit A attached to each of the 2 Ordinances. Each property owner will be responsible for resubdividing their respective property pursuant to Condition 2 below; therefore, a separate Ordinance has been prepared for each property owner. The southern portion of the 15' Right-of-Way in this block was closed on January 17, 1983 and the 10' Right-of-Way in this block was closed on June 23, 1975. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There is no known opposition to the request. James T. Cromwell, Esq. Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request to the City Council with the following conditions: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcel(s). The resubdivision plat or plats must be submitted and approved for recordation prior to the final street closure approval. Said plat or plats shall include the dedication of a public drainage easement over the Right- of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utitlities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat or plats are not approved for recordation within one year of the City Council approval, said approval shall be null and void. • Attachments: Ordinances Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department Ki 1 City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 1,170 SQ. FT. OF AN 6 IMPROVED PORTION OF A 15' RIGHT-OF-WAY 7 ADJACENT TO 204A & 204B 75TH STREET AND 8 202 75TH STREET 9 10 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 11 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 12 Beach, Virginia, to have the hereinafter described unnamed, improved portion of a 15' 13 right-of-way discontinued, closed, and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before one (1) year from City Council's adoption of this Ordinance; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 SECTION I 23 24 That the hereinafter described improved portion of right-of-way (the "Right-of- 25 Way") be discontinued, closed and vacated, subject to certain conditions being met on 26 or before one (1) year from City Council's adoption of this ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and 29 being in the City of Virginia Beach, Virginia, designated and 30 described as "1170 Sq. Ft. 0.027 Acres", and shown as the 31 area shaded black on that certain street closure exhibit 32 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 33 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 34 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 35 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 36 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 37 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 38 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 39 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 40 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 41 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 42 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 43 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 44 which is attached hereto as Exhibit A. 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPINs: 2419-66-2825-0001, 2419-66-2825-0002 & 2419-66-2899 i 48 SECTION II 49 50 The following conditions must be met on or before one (1) year from City 51 Council's adoption of this ordinance: 52 53 1. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The purchase price to be paid to the City shall be 55 determined according to the "Policy Regarding Purchase of City's Interest in Streets 56 Pursuant to Street Closures," approved by City Council. 57 58 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 59 property and vacate internal lot lines to incorporate the closed area into the adjoining 60 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 61 to the final street closure approval. Said plat shall include the dedication of a public 62 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 63 approval of the Department of Public Works, and the City Attorney's Office, which 64 easement shall include a right of reasonable ingress and egress. 65 66 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 67 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 68 do exist, easements satisfactory to the utility company must be provided. 69 70 4. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat are not approved for recordation 73 within one year of the City Council approval, said approval shall be null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 14, 78 2021, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 14, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 94 REALTY CORPORATION, a defunct corporation ("Grantee"). 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 97 of , 20 . THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment City Attorney CA14865(N) vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 4 76721 STREET (FORMERLY 77J SMELT) tiCt (ao'R4oJ(me 7 Ac. 124) ^{ 7 I I I w Ny 21&76 N STREET T,BA�76h 579(00 I 2(4 7atl STREET) ( 210 76 H S,Xttl Ta84&2UBB 76,n STREET I 206 76,A SIRE 201 761h STREET �$ a JOYCE K.WALSH& RONALD H.MAWS& ' PATRICIA It 000107 ,PATRICIA CIFASON NOVA SAY B.ARRING/ON& 'JAMB M.00.NECC110 a ' CHRi510PHER G.WQO a LOT 11 L016tANE GILL WALSH I1100 A MN615 I I I I I Jut N.IRRING/09. i JOSEPIME OELi CCIHO I CYNRM E.FIALFR-GVRp GM,2419-67-2183 r ' �4pp 220 76th SWEET 216E 761H STREET 2160 7601 J1NE0T iRUJ1EE5.UNDER THE 204 76M STREET v S RO r I0651EN M.NOPRILL 0 Wll0EEN d1APD!ma , AARINGTON LMNG TRUST OEBORNI 6(060 o 200 76N STREET r a� JOYCE u RGRRNla $ a PAY mum - m ry ry ry .g n - 2 — v' CD ti Jd I ry 3x I x ,r3R `g8 I S 8 I3 'T 7 a I I .6 a gg LOT IJ $ °'$ 6� qY I"6 b� i �� bq km pQ i �q �e aq ''..f 8^ ^e m' .' �L^.l CPA:2419-67-1161 5p fie, 5p. ' J LOT16 O O.006 Aeu.. 0.313000751.41.. I I 0.006 AnM 71f6 S}R /26 56 fi. i.0 36 R I I I I I CAW N19-67-7006 -SOIP' SOD' 0 Ammo OAQI Avg O.00t A I �,�. 1 i t apt I 1_} I .t i I I i I / ' t ...11 I� ....11 t I7-iv' �I ..m - - — ate•I 3[IOEI� CRGD• 1 ( jJRLtl• _flow ( 1 37.aD• 1 ,60D• _ 750T a 751R 7-25IC AVE LOT11 1 ---5 ..—��..�� .__- —__ .���_ �.�..�. i_nee� �.. ��.... __�� CM:2419-67-1076 Tii11' 00' 1a00' Q1' 00' } aQ I / \ x.JI--- -T---- ! �\ I ` acre- \ aQD' I \ sow-, �\ 1J � \\\\ T S�J L\ I il ' --------- 0-1 } , i\`o o 40.R} \`0.o Sq.PI. \`260 4¢R \\`260, !e,FL _ _ `270!y R `170.7 SCR - LOT 10 I 0.aga Aem O.Q06 0.006 Mn O.Q06 Avg NNIniA 0. 0.010 Mr CHN 2419-67-3013 O 225 751n JlRtti 0'� Qa 7.J0' M 8 a I i & I n I g I - 4136 cn M >n w a x x� R� a �� n s 0 ' /4 ' /4 e1 1 a.aa9 Annie T 9 W 1� V;.; I WI' I §.4 I 9 - g� I �� §r 1 9: F. I 9P 9r 1 �2 1 g: :t MN:2419-6/-3021 / ) ♦ Z -----t------ u I I u I Nz$' u Ts I I� 1 u I I• $ 1 g g, $ 750D ATLAOTIC AVE _ v�/ a GEORGE 8 CIMKE //����yy I 2/7 TSIN 511EEf 2151 75a1 STREET TI]750 STREET 711 751h STREET TW 75ih 501EET T05 751h STREET 203 75N SIREEf N�I L01 6 �/ I NAL/ER MOOR WE31• IEID1 C.FIELDS JOTN OANEL IA75110N& ATE%BERNET1 IRCHUI ROBERf C.IIG4EILw a 0010 T.SNOTTON a TjAsc&R.91°Rts0314JR ��-- GPIN.2419-66-7996 ww 211 75I STREET 0061E IC WESTI 2158 75TN STREET7NLS YJ1 0. AISHDN a E9Af ELPABEIHJANC K.MCQFLINPATRICIA J,SHOITONW204 ANNI IIORI650NIITCIH 1I 7.0 l\ , 7.10' aso m gio -'—ATLANTIC AVENUE-M- 2520181u 5 0 25 50 75 Feet 75� STREET O SURVEY AND GENERAL NOTES ((FORMERLY(Aia 1, PG 724) GRAPHIC SCALE 0.,1 1- - 25' 65.0.TO 1. THE TOTAL AREA ENCOMPASSED WITHIN THIS$TREE'CLOSURE SHEET 1 OF I ATLANTIC AVENUE s- MBA 6 6,513 SO.FT.OR 0.150 ACRES. 2. THIS EXHIBR IS INTENDED TO SHOW THE AREA OF PROPOSED 11170 24 R RICHE-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED STREET CLOSURE EXHIBIT OF I '0.027 Acne RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) 2oE a tote U. .& 202ORT O.HALL THAN GENERAL REFERENCE. EYOIU O.IA.HILL.JR.a EMOR!0.8.1 JR.a 3. A TOLE REPORT HAS NOT BEEN PRONDED FOR 7HI5 PROPERTY. ADJACENT TO s1nAN u susAN M.HALL THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, 1 § 27, 28, 29. 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, r LTH op`r 47. 48, 49 8 0 S I 5 I s 2..., SHORE REALTY CORP. (M.B. 7, PG. 124) q„ VI ' �' ' .$ W 7 /'IC . NERr. LOT 38A g I 1 J5 Z Um. 2904 RESUBDMSION OF LOTS 36 & 37 I g 1 g 1 g 01/30/2020 �y oQ SHORE REALTY CORP. (M.B. 7, PG. 124) SC I:4 �Ia.02Amw N4 SURN' (I.N. 20080331000357680) I EAOO' AND I 1 TAT O Landscape Architecture LOTS 3A & 4A - 7406 ABC AVE W.'1 Land Surveying CN(I,Engineering RESUBOMSION OF '- - I 7.10' VA180E G.BLOWS `� ;Taira sir a Noi+aini'r 1704521 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. --.—707 UM a,:, ---1 LOT 30 Y I CPA:2419-66-3624 TECH.:FAc (M.B. 170, PC. ,0) ANO LOTS 6 & 7 SHORE REALTY CORP. I I COUNCIL ONION 73.NIB I REF:S 92 3d 46 51OWE 19-0346_PMim.drq N.B. 7. PG. 124) (I.N. 20181120000955390) ' ' I I FB/PG:1030/37, 1040/76, 1049/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10. 2020 1052/613-67 a 1050/23-25 f 219-0346 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES T. CROMWELL, ESQ., RECEIVER FOR 3 SHORE REALTY CORPORATION, A DEFUNCT 4 CORPORATION, FOR THE CLOSURE OF 5 APPROXIMATELY 105 SQ. FT. OF AN 6 IMPROVED PORTION OF A 15' RIGHT-OF-WAY 7 ADJACENT TO 7406 ATLANTIC AVENUE 8 9 WHEREAS, James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a 10 defunct corporation (the "Applicant"), applied to the Council of the City of Virginia 11 Beach, Virginia, to have the hereinafter described unnamed, improved portion of a 15' 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance; 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described improved portion of right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "105 Sq. Ft. 0.002 Acres", and shown as the 30 area shaded black on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF A PORTION OF 32 THE 10' & 15' LANES (PUBLIC R/W) ADJACENT TO THE 33 WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20, 21, 22, 23, 24, 25, 34 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 35 44, 45, 46, 47, 48, 49 SHORE REALTY CORP. (M.B. 7, PG. 36 124) LOT 36A RESUBDIVISION OF LOTS 36 & 37 SHORE 37 REALTY CORP. (M.B. 7, PG. 124) (I.N. 20080331000357680) 38 AND LOTS 3A & 4A RESUBDIVISION OF LOTS 1, 2, 3, 4, & 39 5, SHORE REALTY CORP. (M.B. 170, PG. 10) AND LOTS 6 40 & 7 SHORE REALTY CORP. (M.B. 7, PG. 124) (I.N. 41 20181120000955390) VIRGINIA BEACH, VIRGINIA", Scale: 42 1" = 25', dated January 10, 2020, prepared by WPL, a copy of 43 which is attached hereto as Exhibit A. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2419-66-3824 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 52 1. The City Attorney's Office will make the final determination regarding 53 ownership of the underlying fee. The purchase price to be paid to the City shall be 54 determined according to the "Policy Regarding Purchase of City's Interest in Streets 55 Pursuant to Street Closures," approved by City Council. 56 57 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the 58 property and vacate internal lot lines to incorporate the closed area into the adjoining 59 parcel(s). The resubdivision plat must be submitted and approved for recordation prior 60 to the final street closure approval. Said plat shall include the dedication of a public 61 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 62 approval of the Department of Public Works, and the City Attorneys Office, which 63 easement shall include a right of reasonable ingress and egress. 64 65 3. The Applicant, or the Applicant's successors or assigns, shall verify that no 66 private utilities exist within the Right-of-Way proposed for the closure. If private utilities 67 do exist, easements satisfactory to the utility company must be provided. 68 69 4. Closure of the Right-of-Way shall be contingent upon compliance with the 70 above stated conditions within 365 days of approval by City Council. If the conditions 71 noted above are not accomplished and the final plat are not approved for recordation 72 within one year of the City Council approval, said approval shall be null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before September 14, 77 2021 , this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before September 14, 2021, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH ("Grantor") and JAMES T. CROMWELL, RECEIVER FOR SHORE 93 REALTY CORPORATION, a defunct corporation ("Grantee"). 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 20 . THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Laaft4. Planning Dpartmnt City Attorney CA14865(0) \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d020\p035\00661611.doc R-1 September 3, 2020 3 1 7BTH STREET 2 (FORMERLY 11J SWEET) yigi (8O'RAP)(MB. 7, PG. 124) ....` 44 1.4 y�j 9� 2,6,76M STREET 2168 17Mh SIRF[f I 244 76M STREET' I 2,9 76IX SIIIEE7 2a6,d 2088 76M 57RFR I 206 76U S'I�EI I 202 76M STREET $ ^ JOKE 6.1V1311& ROIWD IE W!0(5 d ' P616014 N COPILY PAIRKTA GIFASON KOVAL SMI 0.A/B/B/R I& 'JANt0 W.OELVECCIq& ' O8IIW/RR G.c*zo d LOT 11 220 761n STREET ' ' �+ LeOA A HABITS 2 j JANE N.Ntl8NGI01, JOSERIRIE OELVECCMO COMM E. 204 i REET 0 GPIN:2119-67-2183 N. (2 � nee 76R1 STREET 2169 76M STREET I I TRUSTEES MOIR THE F gOSRH M. AIO�IOION IMNC TRUST $Q NORMAL, Q m 1191EF7T DREAD tm COCOA BERRY �� I717O0AS Y1Y NplRMLe S RAT IIIIAAO - 2 _ e rn m q $ ' zaO 161n STREET C/) I ox o I g N I9S I � R�, ,Q,'''Sj m$ j n j gF..; ;Qq j ,^.,Ff' j .P 5m 8. TX m- n G CRN:2 9I87-216I 3 s. s'. �m I�. sr I s� I 9� ' E-( os o o I o I z jEF�J� N I — — — F-+ 'S � g g J. LOT I2 $y51...F.1.. GM:2119-67-3008 O 260 40. 0 Ae.: I 59 R 3;5 ,Zb Sry.7 l.0 9p r 1 6.00E As1 , a007 kr ,500' aooe Ft g6�• o.007 o2S Ft /67 Aerr _ti �f saa0' cum �3aa5 l 1 esm ! nao , Sao' S 7502 d 7501 A7lANiN;AVE ._ ..�..� '�� ��40a' A'A017• CNN:2419 LOT'67-2076 I ...!1 T — \-SAX•tl ! �\ ! tl s6b•I \ . ttoi J [ —Saar �Sa :aa•-I \1�Sy1Ftiaa t1\ �250 3y�isaa-I \ xaa I rage I -. --------- ►-a ) I Ov •• 0.906 • t80 AI,.: 25 0 /� \0 k,va 0.9013. .0 St: 1i0.1 Sq.FL - LOT,O 225 75 h STREET 0. 0.00E O.QfM 0.408 0.(M)8 Aer Q0/0 Aar CMN:2419-67-3013 O AR 7.50' •14 I I 1 x °, $ I 7 I & a 1 a a I E I • i !13 3i Ft__— C4 ^R x� 3 j 2� sS j :i j x� i 7 j Aerub s� 8 1 oaa 9 I_, g+ I g ti I 9+ -49I 9 e - " �' I_ GMN:2119-67-3021 I,jC/.� �0 5� r 9� 9 9+ 9+ 9� 9n 9+ 'J } 7500 ARAMK AVE ♦ __—__+__—___ I 8 I . o I a I V s I {Ty E I �, i CEOROE90IRKE — 124 I �217 75th STREET 215A 75M STREET 113 75N lINFEf 211 75th St6tLI 209 751h 508/Otl 206 75U STREET 120.T 75th STREET a I L07 8 WALIFR 1£RBEI1 W61 d HELEN C.FIELDS JOIN DANIEL MSHON& AIE7(6ERNElT AIIT0M1 RG9WT C.MCOElIAN A OAVO T.SNORaN& WINMOP A SORT.JR. -" GRIN:2419-68-2998 a w221 75th STREET CFRRE K.WEST RLE 2158 751H lIf CHRISIU USN 0.H ON d 86/0 FIDABEIH JANE K.IICOEIUN PATRICIA J.5HO110N d JMIE R.BIOR) \ I LYIIN ANNI 110RR15011 MITCI I I I I ZS0'l 1, 550 124 05.0'TO --AIINIIIC MOVE_A,_._ 25201610 5 0 25 50 75 Feet 75th STREET O SURVEY AND OQERAL NOTES (40'(FORMERLY(M.B 7}A STREET,4) GRAPHIC SCALEpy WO'TO 1. THE TOTAL AREA ENCOMPASSED WITHIN 114S STREET CLOSURE 1" - 25' SHEET 1 OF 1 ARAM AWAIE-'\'-- EXHIBIT S 6,513 SO.FT.0R 0.150 ACRES. /S0a• 2. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED STREET CLOSURE EXHIBIT OF • ;pm7Sq.Ft RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED201A a 2048 751h STREET 202 75th SIRED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER A PORTION OF THE 10' & 15' LANES (PUBLIC R/W) NOW O.lea JR.t EMORY O.1011 JR.d THAN GENERAL REFERENCE. ADJACENT TO OEM M.NHL 51SAN II.TULL 3. A TRLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. THE WESTERN 1/2 OF LOT 19, LOTS 8, 9, 20. 21, 22, 23, 24, 25, 26, :„.7, § I i I LTJIOpt,. 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40. 41, 42, 43, 44, 45, 46, n m 0 r 47. 48. 49 o I s $ $ x w �' SHORE REALTY CORP. :A3.78. 7. PG. 1za) I m I ry 1 z Z IC VIER s LOT 36A o t Lie. 2904 RESUBOMSION OF LOTS 36 C. OF.Je.:o:A o� SHORE REALTY CORP. (M.B. 7. PC. ,24) j — +� GYy 4,SUR�� (I.N. 20080331000357680) I 7:• O.Oo2 Anse /A09 Landscape Architecture AND I I 1:1a• L J_ Chi/Engrneennn9 RREESU MSION OFA ---- _ \` W -__ AlLANTIC N AVEis _ --__ _ 7�• VN➢K G.BIEVNS W ite.eom 757.431.1041 t+A�IEswe168 5/R0tW1/BTE7at*23R51 LOTS 1, 2, 3, 4, & 5, SHORE REALTY CORP. „WE win„an LOT 3.1. TECH.:FAG (M.B. 170. PG. 10) AND LOTS 6 & 7 SHORE REALTY CORP. 1 I mudz CR imE 23.1975 GIN:2419-66-3824 JOB:219-0344 DWG:219-0346_Pr.l:e.a+9 N.B. 7, PG. 124) (I.N. 20181120000955390) REF:5-248 d S11-57 ' • FB/PG:1030/37, 1040/78, 1049/20-21 VIRGINIA BEACH. VIRGINIA JANUARY 10. 2020 ,052/68-67 94 1050/23-25 t 219-0346 INBApplicant& Property Owner James T. Cromwell, Esq., Agenda Item Receiver for Shore Realty Corporation, a defunct 2 O_ 3 corporation O[ Public Hearing August 12, 2020 Virginia Beach City Council Election District Lynnhaven Requests #2 Street Closure (All but one 5' x 37.5' section of an unimproved 10' x 400' alley running east to west between `h 75 & 76th Street ("Alley") and the 15' x 95' section of an fA,t«o. unimproved lane on the north side of 75th Street ("Lane A")) e...,,:; #3 Street Closure (15' x 85' section of an unimproved lane erg p.t on the south side of 75th Street("Lane B")) Staff Recommendation T""sr`" "`Approval Staff Planner tr;�- a1- rr Marchelle Coleman t 1 cos Location 7,0.fp.o Alleys and lanes adjacent to properties located along 75th & 70,rs' 76th Streets �,pswot \ Adjacent GPINs See page 5 of this report a'��""� Site Size 6,512 square feet AICUZ Less than 65 dB DNL Watershed i Atlantic Ocean 1. '. % . fI x t : r Existing Land Use and Zoning District '7bo -1 f E: Unimproved alleys & lanes/R-5R (NE) Residential (North .." '� End Overlay) E 4. $, . Surrounding Land Uses and Zoning Districts t s North a 76th Street Single-family dwellings/ R-5R (NE) Residential (North End '" - r s e'er ,,• `a Overlay) 'i South Y 0 .t 75th Street Single-family dwellings/ R-SR (NE) Residential (North End '; >r J s t Overlay) 't ,• , o «. R East _ , ' t. a, _ Single-family dwellings/ R-5R(NE) Residential (North End Overlay) West Single-family dwellings/ R-5R (NE) Residential (North End Overlay) James T. Cromwell, Esq. Agenda Items 2 & 3 Page 1 Background & Summary of Proposal • The 18 adjoining property owners are requesting to close the 10-foot wide by 400-foot long unimproved alley between 75th and 76th Streets with the exception of a small 5-foot by 37.5-foot area. This area to be closed totals approximately 3,812 square feet.Two other smaller lanes are also proposed to be closed with this request, a 15-foot by 95-foot portion of an unimproved alley(1,425 square feet) north from 75th Street (Lane A), and all of the 15-foot by 85-foot unimproved section of lane (1,275 square feet)south from 75th Street (Lane B).The total 6,512 square feet areas to be closed will be incorporated into the adjacent residential lots. • The underlying fee title in the areas proposed for closure is vested in Shore Realty Corporation, a defunct corporation.The property owners of the residential lots adjacent to the areas proposed for closures joined together to petition the court to have a Receiver appointed for the purpose of making application for closure of the alley and lanes. By Court order entered on May 21, 2020,James T.Cromwell, Esq.,the applicant,was appointed Receiver for Shore Realty Corporation. By Court Order entered on June 18, 2020,the applicant received approval to convey the fee interest of the alley and lanes to the respective adjoining property owners.The respective adjoining property owners have also signed disclosure statements giving consent for the closure of the alley and lanes. Q „«« 40,0 Zoning History # Request CS �� �0. } 1 STC(Portion of 15-foot wide alley)Approved 01/17/1983 • it Q 2 SVR(Section 4.4(b)(d)of the Subdivision Regulations— i ' . Resubdivide lots to accommodate two detached single- family Ililic-- _"�11tliiiil ��iiiiitl°t . � `,, dwellings)Approved 07/18/2016 3 SVR(Section 4.4(b)of the Subdivision Regulations— I • Resubdivide lots to accommodate two detached single_ family dwellings)Approved 09/28/2004 P-1 6Q-.Q.'-- - et io, ib_ �f rl Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on May 14, 2020,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider these requests.The Viewers determined that the proposed closures will not result in a public inconvenience;therefore, closure of these portions of the rights-of-way are deemed acceptable. On June 23, 1975,City Council approved closure of the 10-foot wide alley running east to west in the block on the south side of 75th Street,east of Atlantic Avenue. Also,City Council approved closure of a portion of the 15-foot wide lane south of 75th Street on January 17, 1983.These types of closures have been done in this area before and has not resulted in any public inconvenience. James T. Cromwell, Esq. Agenda Items 2&3 Page 2 The 10-foot wide by 400-foot long unimproved alley running east to west between 75th&76th Street are the rear yards for the adjoining property owners requesting this change.The unimproved alleys and lanes does not provide pedestrian or vehicular access to any waterway, recreation area,or residence;therefore, no vehicular or pedestrian connectivity would be lost with these closure requests.There are no public utilities within these alleys and lanes, as indicated by the Department of Public Utiltiies. However,the Department of Public Works has specified a need for a drainage easement over the proposed closed areas to be included on the resubdivision plats,as recommended in Condition 3. Based on the considerations above,Staff recommends approval of the proposed Street Closures subject to the conditions listed below. Recommended Conditions for Items 2 & 3 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant, or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels.The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach, subject to the approval of the Department of Public Works,and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates these sites as being in the Suburban Area,Suburban Focus Area (SFA)7—North Beach Area. North Beach, located on both sides of the Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort (R-5R). Moreover,the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring James T. Cromwell, Esq. Agenda Items 2 &3 Page 3 stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs)for stormwater control. Improvement and reconstruction should use porous materials for driveways,walkways and other similar surfaces,where feasible,to achieve a net reduction of impervious coverage.Attractive and high quality materials capable of withstanding severe weather events should be used. (p.3-24) Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Utility Impacts Water&Sewer There are no City water or sewer services within the limits of the proposed areas. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27,2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 30, 2020 and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.comJgovernment/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on September 11, 2020. James T. Cromwell, Esq. Agenda Items 2&3 Page 4 Adjacent GPINs 2419662926, 2419661995, 2419661978,2419661944, 2419661927, 2419661903,2419660975,2419660952, 2419660933, 2419569993, 24195699540001, 24195699540002, 2419569902, 2419568972, 2419568950, 2419662998, 2419673021, 2419673013, 2419672076, 24196710781840,24196710781850, 2419671047, 2419671019, 2419670076, 2419670055, 2419670024, 2419670003,2419579052, 24195780931216, 24195780930002, 24195780320001, 24195780320002, 2419662899, 24196628250001, 24196628250002, 2419663824 James T. Cromwell, Esq. Agenda Items 2&3 Page 5 N rr (t rt. n O In c CD 7e>71 STREET 5' x 37.5' 15' x 85' x , /ki (IHMnr 7.3 SAltt7j �; 5, far*AO N• PG M.)A AA p -.• c. 1717 ].w.1',RI, 3 11►S,_1 I 7w 3,..v u•,r I•.K I) WQ•i Mw Mel I t9P. I R4�r..lath '* �'^% +1.1.M r.41• awe w WAR a • taR»n am .. Cr...rt• MK..• •..11r4 M•.Nfaffl• n.+s•QM.O(SIT 1?!w•l W.•l'.' nF\net .•. .••Mr.IQ. Ow..0...tt:0� !.+tr•neat. • r M•+a rr MA IRA oat I I I M,tw:t.w•.M i CM-.•ra...Y•Y. \ NiCM IML nor f rRw Yee is 1QQ•YTS ..Q..1. i.. is i i i tk • i i . i i i a' Qo..... ..z...S._ 1 .r �•..... arAl I «.'s.^. w$w+ Sal ; i k ww' "-»» . �i . Ilp� T...T L ......y •.•w i rr w . i i i i La 1:. :'a. 1 i i - - i MO.1.OMO - 1`7 VW TRW )e-!Y.4ttR a'3 Mir.17 i")ew ITT. :Jt TV Y.' T re l-F- I MIQ•MOM Mr• ..0 c InQ, n .. ?-4 qat L..DO.1 . _ OM.4 RV a1. Ott.G11 n!!nw r Via • r�01Ma+ <•O)...• MICA!. ..a. ..x� .ww•w1 ra.)t•. '• 1 to 7 � I ..� PAW y . tlP b -AOMOC IMO•.0-v- ),.. .O „ w Ire. STREET I1 YEY AIC�AL NQ1I OAAPMIC__SCALD (e PAO r a/a C rC I.0'M Ne ac rr••l I <A IOIt IPA L10O•YI01,..9 wort lift S'.M::1 00,,.. e\/N 1311A'tt..SUS m II.a 0150 IONS 1 ' 91LQT 1 O� 1 rat ERROR PAW �_ . 3 1•V 16366.'1 n'M11540 10 1011 I1••..A 0,1'L••'tytl11 • I'm)„M.t E.:./-a-.••OGLER••)1Mlemoa)0*n.+.vocr?r, TR11fT CLOSURE ' L4 or .:. •r „+., I-s. .S.3,7t1/MI a,.r.RORY,EDP••O MVO, A PORTION OF THE 10' & 15' LANES (PUBLIC R/M) Yt•D.`o.0,+ new a a.A +Mt C[YSA 911`tQttQ ADJACENT.� SW•owl • ,,n 10. ,.....4.'1..M __LIL3 IA'at•Rrtr,u) THE 1/E51'ERN 1/2 OF LOT 19, LOTS B. 9, 20. 21. 22. 23. 24. 25. 20. I n "I 47Nq 27. 28. 29. 30. 31. 32. 33. 34. 35. 38. 39. 40. 41, 42. 43. 44. 45. 46. . 49. 48, 49 I _. _ SHORE REALTY CORP. MO 7.PC. 114) i ;/ : ` .aa, LOT 36A _ 1 -li _ e B 1..� .. \.e4 RESURIWsron Or 1M&3.w 37 I .•L1 r'•S II AA � SHORE REALTY CORP. (M,B, 7. PC. 12t) I 'CUM 101rt.t.. rwr ww•,•til�� 4S ROOK" (tR.202803310003576E0) I i 14 • +!I , w1w0••t••. LOTS 3A & 4A -••j• )• ......... ......... . 7. me •M M am 7P.431.1 Ott I.1SUOOMSAN O ....... ..../.... 3 ' 1RIMi i MY. grj...a......z Ot tax LOTS 1. 2. 3, 4. & 5. SHORE REALTY CORP. ""' r ERR it r'c+'. 1 ,- (MD. 170.PC. 10)AND LOTS 6 & 7 SHORE REALTY CORP. I OMR0,ME 1I Ds E'•' 1 ., ., . 0) Oa 1.6--4v4 aK 2,v4,a,a.....•.M (M,B. 7.PC. )»)D.N.(1M tOt6n�0000By6300) nM.wvaa.'7 e..6/23 as+-), rD1GB'riw B6AC70.E'01GBLLL iA71BAM 10.2010 > (3 16e2a166)•, 13.33 m -i a • Portion to be closed Portion to remain open 0 o 3 m 'CI In - 0) N N1p 1,1 sa 01 w . Site Photos a t 1 M1 i . 41 = . .1 • 1 + • 14 :'- Or, . V y Gr -i'y kKrS • 1, . r VII F -• •y L4 L James T. Cromwell, Esq. Agenda Items 2 & 3 Page 7 Site Photos - - 4.44 '1111:1'; .1* 4 *Ngi " 11,_ - - ".• 4 • ale4 f` 4". 11,011r*". ,41iNvispte - A It".* 0:4111ir P;•- 1.• • .000414414111t ••"11 4614' `10., • ' • • .•••••••••••••`'..'- -Z••••Y' '''.•,•'••• ••• - • :3 -•-• • •- '•W*Iiitr;••1.' -•••_ ••• •••••• • V..-••• •,•_1,1& • "' • • • • • • • • • • -• • • • • • • 44164,.. James T. Cromwell, Esq. Agenda Items 2 & 3 Page 8 List of Adjoining Property Owners Adjacent Property Information A. Owner Name: Winthrop A.Short,Jr.Jane R.Short Address: 203 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-2926;2419-66-1995;2419-66-1978 Existing Zoning:R-5R Residential B. Owner Name: David&Patricia Shotton Address: 205 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-1944;2419-66-1927 Existing Zoning:R-5R Residential C. Owner Name: Robert C. &Jane K.McClellan Address: 209 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-1903;2419-66-0975 Existing Zoning:R-5R Residential D. Owner Name: Alex&Mary E.Mitchum Address: 211 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-0952;2419-66-0933 Existing Zoning:R-5R Residential E. Owner Name: John Hushon,Jr.&Christa Hushon Address: 213 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-56-9993 Existing Zoning:R-5R Residential F. Owner Name: (i) Helen C. Fields,Unit A (ii)Laura A.Morrison,Unit B Address: 215A&215B 75th Street,a Condo,Virginia Beach,VA 23451 GPIN(s): 2419-56-9954-0001&2419-56-9954-0002 Existing Zoning:R-5R Residential G. Owner Name: Gerrie K.&Walter West Address: 217&217A 75th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-56-9902;2419-56-8972;2419-56-8950 Existing Zoning: R-5R Residential H. Owner Name: George B.Clarke Address: 7500 Atlantic Avenue,Virginia Beach,Virginia 23451 GPIN(s): 2419-66-2998;2419-67-3021 Existing Zoning:R-5R Residential 1. Owner Name: Galumbeck(not acquiring) Address: 7505&7504 Atlantic Avenue,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-3013;2419-67-2076 Existing Zoning:R-5R Residential James T. Cromwell, Esq. Agenda Items 2&3 Page 9 , List of Adjoning Property Owners J. Owner Name: Christopher G.Carzo&Cythnia E.Fulmer-Carzo&Deborah Berry (not acquiring) Address: 202&204 76th Street,a Condominium GPIN(s): 2419-67-1078-1840;2419-67-1078-1850 Existing Zoning:R-5R Residential K. Owner Name: James W.&Josephine Delvechio(not acquiring) Address: 206 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-1047;2419-67-1019 Existing Zoning:R-5R Residential L. Owner Name: Sam B.Arrington&Jane N.Arrington,Trustees,Under the Arrington Living Trust Address: 208A&208B 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-0076;2419-67-0055 Existing Zoning:R-5R Residential M. Owner Name: Patricia G.Koval Address: 210 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-67-0024;2419-67-0003 Existing Zoning:R-5R Residential N. Owner Name: Patricia H.Copley Address: 214 76th Street,Virginia Beach,Virginia 23451 GPIN(s): 2419-57-9052 Existing Zoning:R-5R Residential 0. Owner Name: (i)Ronald H.Marks&Linda Marks-Unit A (ii)Ray H.Dillard&Maureen Dillard-Unit B Address: 216A&216B 76th Street,a Condominium GPIN(s): 2419-57-8093-1216;2419-57-8093-0002 Existing Zoning:R-5R Residential P. Owner Name: (i)Lorraine P.Gill&Joyce K.Walsh-Unit A (ii)Jeffrey M.Kent&Kristen M.Kent-Unit B Address: 218A&218B 76th Street,a Condominium GPIN(s): 2419-57-8032-0001;2419-57-8032-0002 Existing Zoning:R-5R Residential Q. Owner Name: Emory 0.&Susan M.Hall Address: 202 75th Street&204A&B 75th Street,Virginia Beach,VA 23451 GPIN(s): 2419-66-2899;2419-66-2825-0001,2419-66-2825-0002, 2419-66-2825-0002 Existing Zoning:R-5R Residential R. Owner Name: Valerie G.Blevins Address: 7406 Atlantic Avenue,Virginia Beach,Virginia 23451 G PI N: 2419-66-3824-0000 Existing Zoning:R-5R Residential James T. Cromwell, Esq. Agenda Items 2 &3 Page 10 Disclosure Statement Virginia Brach APPLICANT'S NAME James T. Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) — Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _-- Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ion CI IY USE ONLY/nd d+sc,ost:res mast be updated two:%'w:eKs prier to any I Page 1 of 7 Fla; and Cu,Counu!meeting that pet taus to tile“,pltcattca(s) 0 APPLICAN1 NOItIILO OF HEARING V.ATE / a NO CHANGES AS oL DAIL 9/3/2020 MLC 0. REVISIONS SUBMI1"1L.0 DAit James T. Cromwell, Esq. Agenda Items 2 &3 Page 11 Disclosure Statement 'NB Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION,list the the names of all officers.directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 1 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. I I Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2&3 Page 12 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T. Cromwell, Esq. Agenda Items 2&3 Page 13 Disclosure Statement 1/1B APPLICANT Virginia Beach [-YES NO SERVICE PROVIDER(use additional sheets if needed) E 7l Accounting and/or preparer of I/\' your tax return I X Architect/Landscape Architect/ I Land Planner l Contract Purchaser(if other than 1�I the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed IXI purchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) LiIXl Construction Contractors IXlEngineers/Surveyors/Agents WPL Financing(include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) V7l I I Legal Services Sykes,Bourdon.Ahern&Levy,P.0 Real Estate Brokers / I I Inl Agents/Realtors for current and L-- ���� anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have IXI an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T. Cromwell, Esq. Agenda Items 2 & 3 Page 14 Disclosure Statement Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 2 James T. Cromwell, Receiver 1 7/06/2020 P ICANT'S SIGNATURE PRINT NAME ; DATE Page 5 of 7 James T. Cromwell, Esq. Agenda Items 2 & 3 Page 15 Items # 2. & 3. James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation [Applicant & Owner] Street Closure (All but one 5' x 37.5' section of an unimproved 10' x 400' alley running east to west between 75th & 76th Street ("Alley") and the 15' x 95' section of an unimproved lane on the north side of 75th Street ("Lane A")) Street Closure 15' x 85' section of an unimproved lane on the south side of 75th Street ("Lane B")) August 12, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the Consent Agenda and Commissioner Wiener is going to handle. Mr. Weiner: Thank you, Madam Chair, the next order of business is the Consent Agenda. These are applications that are recommended for approval by Staff and the Planning Commission concurred and there are no speakers sign up to speak in opposition. The Planning Commission placed the following applications on the Consent Agenda items 1, 2, 3, 4, 9, 10, 11, and 13. Let me back up a minute. Planning Commission also replaces the following applications for the Conditional Use Permit for Short Term Rentals on a Consent Agenda, as they meet the applicable requirements of Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no known speakers signed up to comment, which are items 9, 10, 11, and 13. Is there anyone here in opposition of these items. Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1, 2, 3, 4, 9, 10, 11, and 13. Okay, I move the following items to be approved on the Consent Agenda, 1, 2, 3, 4, 9, 10, 11, and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond:Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote, please Marchelle. 1 Ms. Coleman:Sure. If you are in favor of the motion say yes and if your opposed say no. Mr. Alcaraz. Mr. Alcaraz: Yes, Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman:By a recorded vote of eight for and zero against the following items 1, 2, 3, 4, 9, 10, 11, and 13 have been Approved by Consent. If you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date. So that others may attend in the chamber, please exit via the side door. If you are watching virtually, you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda, Bill Landfair will introduce the first application. Mr. Tajan: Madam Chair, just before Bill begins with the Regular Agenda. I do want to note for the record that Mr. Wall, Mr. Coston, and Mr. Barnes are not present in the meeting, due to personal things they need to attend to 2 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to inccrporate the closed areas into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. 3 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 ._n MM.i - -- -- _- _,_ ' :1iP1... . �I I i B_2 _Road t B2� . ra•-•ril ii o�D �L goad j B°nney �,� �- /' W....16: 1.\----1-I-- Bonney R°ad --� _ B'-2 c _-_\_'''tV h<. ,\ - �B:2 aItziR-7.5ii n 1107---- I I _2 B-2 0 A;112 �1 I,L___ u`4...: 1.0 3 A1_2__ a I-' o r, —_' G o ry 0 ,='!__ 1 a f CD o t--- raitaio_°1 soli I N r 44, Site Bonney Road VB, LLC W-,' Property_Polygons 3825 Bonney Road 0 I„ s Zoning Parking Lot Drive Aisle Feet Tc`Ej�_{ siZ:s �.i4I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY ROAD VB, LLC [Applicant and Owner] Modification of Conditions (Motor Vehicle Sales & Service, Automobile Repair Garage) for property located at 3825 Bonney Road (GPIN 1487330721), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 15, 2020 • Background: In 2016, the City Council approved a Conditional Use Permit for the auto sales and repair operation. Subsequently in 2017, a Modification of Conditions and a Street Closure was also granted in order to incorporate additional property (right-of-way) into the site. The applicant is now seeking a second Modification of Conditions, albeit after-the-fact, for a change to the layout to allow a prefabricated metal building that is used for detaling and cleaning of motor vehicles. Upon the property owner's return from being out of town for an extended period of time, he is seeking a correction to the unpermitted installation of the building. The property owner immediately contacted Staff and consequently submitted the Modification of Conditions application. • Considerations: The building does meet the minimum required building setbacks. The exterior building materials and color matches the existing auto-related buildings on the property. Plant material exists on three sides of the building providing a screen along the right-of-way and residential properties to the south. While the use is not consistent with the long-term vision for the Rosemont Strategic Growth Area, it is an acceptable "interim use" until such time as market forces prompt redevelopment of the property with a use in harmony with the Plan. Based on a narrative provided by the applicant's engineer, Staff has concluded that the building will not adversely impact the stormwater system as designed and no modifications to the approved site plan will be necessary. The recommended conditions ensure that the building will be properly permitted while preserving the conditions associated with past approvals. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On August 12, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Bonney Road VB, LLC Page 2 of 3 1 . All conditions attached to the Modification of Conditions granted by City Council on December 12, 2017, are hereby deleted and superseded by the following conditions. 2. The subject site shall be developed and landscaped substantially as depicted on the site exhibit with entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES," dated October 9, 2017 and prepared by Gallup Surveyors & Engineers. 3. The building façade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 4. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 5. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 2 above. 6. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 2 above. Physical markings shall be added to designate the required 30-foot throat length. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. All vehicle repair shall only take place inside the buildings. 10.No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 11.No outside storage of equipment, parts, or materials shall be permitted. 12.All junk, debris, and other discarded items must be removed from the site. 13.AlI customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 14.No outside storage of used liquids shall be stored within view from the rights- of-way. Bonney Road VB, LLC Page 3of3 15.Within 90 days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the 24 by 24 foot metal garage building depicted on the exhibit entitled "Dimensional Plan, Field Change #3", dated July 15, 2018 and prepared by Gallup Surveyors & Engineers. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ( - City ManagercW Applicant & Property Owner Bonney Road VB, LLC Agenda Item Public Hearing August 12, 2020 �� City Council Election District Lynnhaven4 Virginia Beach Request Modification of Conditions (Motor Vehicle Sales & Service and Automobile Repair Garage) k,t Rqy4, R.„..o,44/4 -`� Staff Recommendation °� te,,,c.'E Approval ir, , oaROad .:. 4,9,4,4, Staff Planner Jonathan Sanders 42 . ' . ' £ r&oanay Road ` 264 Location owe _ 3825 Bonney Road i 1 -:_ ,_..� GPIN a. 1487330721 - 4. • Palace Place SciYa�a way. Site Size s' a Gatpaav Place 1.18 acres I g G{.4.•A South Bo.,.sd A I C U Z 3 / i fe't � • lwvu„a of;� 1\witachfC Less than 65 d6 DNL ,�.r£- Watershed Chesapeake Bay Existing Land Use and Zoning District c -. -� - '� Auto sales&service/ B-2 Community Business d , { 1.7',.!.. Surrounding Land Uses and Zoning Districts ; North : ..... '' : ' eonne y Road :0 Bonney Road ;. Vacant site with billboards / B-2 Community i Business South Auto sales/ B-2 Community Business ' East .. . . ' „04. r Auto sales/ B-2 Community Business ; -' West - ' ;.LL Mixed commercial/ B-2 Community Business Bonney Road VB, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • In 2017, City Council approved a Modification of Conditions for Motor Vehicle Sales and Service and an Automobile Repair Garage on this site as well as a Street Closure for a portion of the adjacent right-of-way that was incorporated into this site. • A 24-foot by 24-foot metal building (576 square feet)at the back of the property was installed for the purpose of interior detailing and exterior cleaning of motor vehicles without the benefit of a building permit or modification to the Conditional Use Permit.The owner realized this oversight made by the manager of the business and contacted Staff.The first step to correct this mistake is the submission of the Modification of Conditions application. • The two-car garage structure is a prefabricated metal structure that features two garage doors and a gable roof. The building sits directly on the asphalt parking lot area and is anchored around the base of the structure as required by the Building Code. The applicant will apply for a building permit after review of the application by the Planning Commission and City Council. Zoning History B 2 ✓ # 1 Request 1 MOD(Motor Vehicle Sales and Service&Automobile Repair Garage)Approved 12/12/2017 eo..�ao.d „ STR Approved 12/12/2017 CUP(Motor Vehicle Sales&Service&Automobile Repair Garage)Approved 10/18/2016 O5 2 CRZ(1-2&B-2 to Conditional B-2)Approved 03/23/2003 12.i 2 STC Approved 03/23/2003 CUP(Motor Vehicle Sales)Approved 03/23/2003 �` ar STC Approved 04/13/1999 j14 pp CRZ(0-1 to Conditional I-1)Approved 07/08/1997 ( REZ(B-2 to 0-1)Approved 09/28/1993 STC Approved 09/28/1993 CUP(Mausoleum/Cemetery)Approved 09/28/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The request for a Modification of the Conditional Use Permit for Auto Sales and Service and Automobile Repair Garage to incorporate the 576 square foot garage building into the existing operation for interior and exterior auto detailing is acceptable. The building, site and landscaping has been improved to reflect the approved plan for the auto use on the site. The garage building meets the building setbacks of zero feet.As the building is finished in a neutral white color, placed behind the vehicle display area at the rear of the site, and surrounded by parking lot landscaping on three sides, it blends in with the auto use and is not easily noticed from the right-of-way or adjacent properties. Although the auto sales,service and repair uses are not consistent with the long-term vision outlined in the Rosemont SGA Plan, redevelopment of this parcel into the envisioned transit-oriented residential village is not imminent. The small scale of this operation in comparison to the massive auto sales establishment to the east and south supports an interim use of this nature. Bonney Road VB, LLC Agenda Item 4 Page 2 Development Services Center Staff has reviewed the placement of the metal building within the parking lot to ensure that the approved stormwater system is not affected. The applicant's engineer provided a narrative detailing the addition of the building to the site and any impact to the existing stormwater system. Staff concluded that the building does not adversely impact the stormwater system as designed and no modifications to the approved site plan are necessary. Based on this, Staff recommends approval of the Modification subject to the conditions listed below. Recommended Conditions 1. All conditions attached to the Modification of Conditions granted by City Council on December 12, 2017, are hereby deleted and superseded by the following conditions. 2. The subject site shall be developed and landscaped substantially as depicted on the site exhibit with entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES," dated October 9,2017 and prepared by Gallup Surveyors& Engineers. 3. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 4. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 5. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 2 above. 6. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 2 above. Physical markings shall be added to designate the required 30-foot throat length. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. All vehicle repair shall only take place inside the buildings. 10. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 11. No outside storage of equipment, parts,or materials shall be permitted. 12. All junk, debris, and other discarded items must be removed from the site. 13. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 14. No outside storage of used liquids shall be stored within view from the rights-of-way. Bonney Road VB, LLC Agenda Item 4 Page 3 15. Within 90 days of City Council action,the applicant shall file all necessary permits with the City for review and approval for the 24 by 24 foot metal garage building depicted on the exhibit entitled "Dimensional Plan, Field Change#3", dated July 15, 2018 and prepared by Gallup Surveyors& Engineers. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. December 12, 2017 Modification Conditions 1. The subject site shall be developed and landscaped substantially as depicted on the site exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES," dated September 9, 2017 and prepared by Gallup Surveyors& Engineers. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 1 above. Physical markings shall be added to designate the required 30-foot throat length. 6. No outside paging or amplified music system shall be permitted. 7. There shall be no decorative pennants,feather flags, streamers,air dancers, inflatables or other similar advertising items located on the site. 8. All vehicle repair shall only take place inside the building. 9. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 10. No outside storage of equipment, parts,or materials shall be permitted. 11. All junk, debris, and other discarded items must be removed from the site. Bonney Road VB, LLC Agenda Item 4 Page 4 12. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. Comprehensive Plan Recommendations The subject site is located in the Rosemont Strategic Growth Area (SGA). The Rosemont SGA Plan identifies this area as the "CARMAX Redevelopment site," one of eleven "Development Initiatives" called out as prime areas for redevelopment. The long-term vision for this Development Initiative is a townhouse development organized around neighborhood parks and within easy walking distance of a potential transit station. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Bonney Road 14,600 ADT' 22,800 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Bonney Road is four-lane undivided urban minor arterial. There are no plans to improve this portion of Bonney Road. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 8, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. Bonney Road VB, LLC Agenda Item 4 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 30, 2020 and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Bonney Road VB, LLC Agenda Item 4 Page 6 U cr n J C J w Ulf CO f0 c O N cc dA >- a WW1..',WOWEr err r = �J .o..., . .. _ .1 0 311 .HA CIVOb A3NNO8 ,,,...., fi D 013- _ _. _.._..._.__._..... s'':,0" nM.I 2u!pllnq a2eie2 3oo;-b 2x bZ NV1d 1VNOISN]WIG tL- •OWSko SS WI 4G161 l'..J .v _ •_ •1YMN../0 — — 'Of WWI n1.i1A .,.. �,. wnw.r..,..,uu..uet,, an, .n n,n n»o i l I. INCIINIONCVION NI �.. r �.� SS 3JLLp 1S SZf% I 1 ]IpIY«�cm di �VC.7r• :.1i wu- ! k.avJY6 iSulplln9 Vs. .., w. tr:0,. tr.: 4. $t3 _,., . eopuasa+g 1--""j:,.*"..71.„.",r,„,430 tes oznd :�VitY _ ._ '. 3NMOO ,1101011 NI U.Om I.MOM ,.� o .. (AA sa ,, «� ss-a 4-0 m.. o ,.^— • I 2017 Modification - Approved Site Layout 0 ... i IS 11 - n CO— < .. i U1 r`T� da`` i L.i n� t, F i 1 `+ t F a , r '� j � 9d3 rae; d I %;i ° o < a s4 u Ng ;ii' 'z Cr D o ;; d r a� aE O I! = aPap a < ft 5 r a 5f q fE11 hifl 4 2. SA:::C € bA51 W J N 1 n I LL77 i N ea vt.tt.7. ." z a O till E w likt!=l!momm;., 1 -- _ i • li 0 } q•P' 1I \ arp .3oN...,..e., D (rIu act sNwa worm. j � l,9kJ/l YF.wMM 1+w, .io - , ct ..... la r. It 1; % r . \1 e ' I F 1:1 A , % It , .. .. ..__ , it -..i,; . ,. :S1 it. , YII i 1*1 t t , Ea l\if =:., Willa0)M 71lMV I i i, A 0 + 0 0 0 I0J010 0 I. 3 I I ) 0 I I I I a6 iiy - Bonney Road VB, LLC Agenda Item 4 Page 8 Site Photos - . .,--- ...,-* .1.._ ...kg. :, r4POITHI 4 -,•-...ntit.'-4'7;77- '---w-tiir,...-t-4-;-7---:-. -.7------ _,, . ., -,- - - — ..... - .).---- -------------- --- _ _-- -- 1‘cire0 .___ - , ,-.---------- . --- --- i---:------;:, _.....,,,,..- - - ,,:k4--,''''-:• '-'''''''''''f..-:.i'Lr.,s'.,-,..-"sf.--,.it_5;..5?:.'.' • .,, '-, -...... , . ,.,„,i ,„,,i. „ _ . 4 . ',-.A.:•.,..-:*:• , . ,,.• ',' ..;.--..fir• T. -.„. ..,.- - ', 'i..' '-,,-_, ". -T . .,.. . • . 1.41Irtitt, #. '' ;.t.--, . •.-,..,...k...''' -.-. --- ;-- --------, t --- . 400- -, .,,e:•7_, _._ff 1.. 3-r.- • • _ ..,7- ____ -,1-•- - !INF."- - - ^"-- ,, i _,,,,, - - - - - titi,.,;.-4016k,, '......00- ..-----ie § . . .r -------- _ ___.... -- A... .-.4; . , ,--A-.77..- -4--- = -•-•47.',.',,,,';'''''','.. • - ' t'T,,,-?,;01;,,1*-. 1 ' - ',',..-:-., 4",,-- ',,- ,..• , .. ,,„ , . t(,."- -•-'-'5, -'''.1-'.. .''''+' ',,./'':--40k."-Ii-t------ ---;!--:=,---4-:,-.....:.:s.. , _ — -.- -",•:-..-, ''...,..-- --.-_-.i-i-,, -:.---...,_____t;.-----.Yf:-;-... -•,,---t„--•-•--:-,--,---'4.-,--,-__,-.'"pory,,-;,„.-'"7 .: •:1.0 ...`..*-,)0A' _ ...,..4P10---r'14; ' • Zstor.:',7:-,....."'."-,w.';'7*. . 's,'. c=44,--tA:4-741-_;.7.-;,--.'''i' --', --';'::::.4%.-4,--,- ,s,.. '''-''''- '":4= 4:i"-'i--1;Y'14't-- = stnw-o__':,--1--J-,- _-. -.fScir4r;;Itt,--.--T.:.--,„,„ •- --:,-.4,1?.. .,-:•,:,_ _'..:11.1404..,4,,^i:Ak.,* Bonney Road VB, LLC Agenda Item 4 Page 9 Site Photos Lx -14.';'•6 '''' 4.01,,,:- •• ,,;,.... -,-,• -:,, •-•-•...•,, ::: ...•- ., .., , -,.., - - • •" ; ''•* .. - ' :•.,*- ,,;•,',• . . - .,... ,,.,:, • i-' --•,-,..: 74 ' " •"-',--*:-- ' `-.:,,- -- , . . .— • ...,.- , .._ . _- -- : )e," -- -. .4. . 'k -,--- • . ,..,. . .. ..•, t- ..410F::-,'-,. '27.-N--.-.:•-..'-.I-- ..,- - .. _.i., , „--...-. .. ..,;,..„-.4*,:..:;,,.. :":".::-.-•'.:-:-. -.':-•,..' ,.- ' - '-4-- - -4qe '''''':'-' -17-.."74•.' .."--'-'' . ,.. . ______ __ -.-..•---- - ,,y-,4•••-•:. i... i..••• • i--- g• : - --..• - .• , .. . , . • '..,i.-.14:-..-:-... .....&!ULF--.*.---.- • . 1 it.1: --:, -,...--;-:. ,.-- _,,c- .....---...., ,......, V.",..'•'------!# - ,,_....:- ..,_,, ... bte:‘,...40.,. ...._..., ,_. _ ___.,: :Ayr , , = ....................... .'10 ,--==, •"-' , 1 i.... ,_ ift..i... ....,.. • --,•,.-:"--i .•;-•••••1-•:. ••..i---,,, ------•-*1•::r;;-.714,,,:--,.---',:=:--- ._ „--'-y.,-•!„-:-`'r...7*-._,,,,k. ,:-.7i-j;(14 "'-,--.---,,'Z-,;,N'-',1,•ii. :-..'..-='!'-----7:',- •' •--.. .-.,. .:',1-.-';.,',".:,:.',-,•_';'-a;-, ht, 'IfilZ-,•:Z.--,!,------, :-•-,-2. -------.- -— -' '''-' ' Li ,, 1 1.: - ----_____ i .• - ..- :- ....--,--- __. .,_,,,,-- _ ...-., . .. 1. :1-- • . . , 1-- ,, -.1, • ir __ "....._. ,__--__,• --. • -_ _ i-.. ,I,1 , . • t _ 1 ,asuili ' ' 1 li II ,. : i I, .. : • i , . ' • . • .. 7 ' hi . :II s,• , _ .. . .!. I Bonney Road VB, LLC Agenda Item 4 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Bonney Road VB, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • --+ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • _�.._s ._r_ • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY!All disclosures muc• ! - - Page 1 of 7 Planning Commiss on and City Council n Ei APPLICANT NOTIFIED OF HEARING Gir NO CHANGES AS OF 11t'ZQ (a .L 13.(.441> . i0 REVISIONS SUBMITT ED i Volt Bonney Road VB, LLC Agenda Item 4 Page 11 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Bonney Road VB, LLC If an LLC, list all member's names: Thomas Joynt If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant. ▪ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. O Check here if the PROPERTY OWNER IS a corporation, partnership, firm. business, or other unincorporated organization, AND THEN.complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Bonney Road VB, LLC Agenda Item 4 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship. other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Bonney Road VB, LLC Agenda Item 4 Page 13 Disclosure Statement A/B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ z Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Retnauer Baynes Associates,LLC Land Planner LiContract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed =' purchaser of the subject property L.._. (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Gallup Surveyors& Engineers,Ltd. Financing (include current c mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have x an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Bonney Road VB, LLC Agenda Item 4 Page 14 Disclosure Statement Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicati n. , Thomas Joynt 5/28/2020 APPLICANT'S SIGNA RE PRINT NAME DATE Page 5 of 7 Bonney Road VB, LLC Agenda Item 4 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Bonney Road VB, LLC Agenda Item 4 Page 16 Item # 4. Bonney Road VB, LLC [Applicant & Owner] Modification of Conditions (Motor Vehicle Sales & Service and Automobile Repair Garage) 3825 Bonney Road August 12, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the consent agenda and Commissioner Wiener is going to handle. Mr. Weiner: Thank you, Madam Chair, the next order of business is Consent Agenda, there are applications that are recommended for approval by Staff and the Planning Commission concurred. And, there are new speakers sign up to opposition the Planning Commission placed the following applications on the Consent Agenda items 1 , 2, 3, 4, 9, 10, 11 , and 13. Let me backup a minute. Planning Commission also replaces the following applications for the conditional use permit for short-term rentals on a Consent Agenda as they meet the applicable requirements of Section 241.2 zoning ordinance. Staff and Planning Commission support the application and there are no known speakers and signed up to comment, which are items 9, 10, 11 , and 13.Is there anyone here in opposition of these items. Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1 , 2, 3, 4, 9, 10, 11, and 13. Okay, I move the following items to be approved in the Consent Agenda, 1, 2, 3, 4, 9, 10, 11, and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond: Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote, please Marchelle. Ms. Coleman: Sure. If you are in favor of the motion say, yes and if your appose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes, Ms. Coleman: Mr. Graham. Mr. Graham: Yes. 1 Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against the following items 1, 2, 3, 4, 9, 10, 11 , and 13 have been approved by consent. If you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date, so that others may attend the chamber please exit via the side door. If you are watching virtually you are free to exit or stay in watch. Thankyou all for your participation. The next order of business is the Regular Agenda, Bill Landfair will introduce the first application. Mr. Tajan: Madam Chair, just before Bill begins with the Regular Agenda. I do want to note for the record that Mr.Wall, Mr. Coston, and Mr. Barnes are not present in the meeting due to personal things they need to attend to. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT 2 Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE • Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1 . All conditions attached to the Modification of Conditions granted by City Council on December 12, 2017, are hereby deleted and superseded by the following conditions. 2. The subject site shall be developed and landscaped substantially as depicted on the site exhibit with entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES," dated October 9, 2017 and prepared by Gallup Surveyors & Engineers. 3. The building façade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 4. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 5. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 2 above. 6. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 2 above. Physical markings shall be added to designate the required 30-foot throat length. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. All vehicle repair shall only take place inside the buildings. 3 10. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 11. No outside storage of equipment, parts, or materials shall be permitted. 12. All junk, debris, and other discarded items must be removed from the site. 13. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 14. No outside storage of used liquids shall be stored within view from the rights-of-way. 15. Within 90 days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the 24 by 24 foot metal garage building depicted on the exhibit entitled "Dimensional Plan, Field Change #3", dated July 15, 2018 and prepared by Gallup Surveyors & Engineers. 4 m mO ,,�� . LL. (o z `' .4 i M `'� I o 3 0o N O r O O N li O (kg N O I / v as � - / / o as 0 ,1 O T// - * ' CD 1L114. L..- 1 %1 , ' ‘ __ \ L. F,,D -9, \ CON D h; . . ,w4. \ --c. , - ,\,..4ift'' ' '' It kt0,1ft I I II r x— CO ' V -t . . -,_ ._——{ ---- ,,,_filk ; -------- ibt__-,-'7-4:411k. 41, I ,, ,� .-ifi' . :\ c) _ \>.\\?\\\\ c' _ a) e c Q ° o m a o a_I J > O ch f l iQ Y 05 LO Ncn a a ( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY G. BRIGHT SAND CO. [Applicant] BONNEY G. BRIGHT [Property Owner] Modification of Conditions (Borrow Pit) for the property located at 200 Princess Anne Road (GPINs 2316698832, 231696801, 2317621327, 2317723259, 2317612520, & 2317801537), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 15, 2020 ■ Background: Excavation of sand has been an ongoing operation on the property since the 1970's. The current Conditional Use Permit has an expiration date of 2020. As the material has not been excavated as quickly as anticipated, the applicant is seeking a Modification of Conditions to allow operations to continue for an additional 10 years to 2030. No other changes are proposed to the operations. Access to the site will continue to be from North Carolina, just south of the boundary between the states. • Considerations: The extension of time will allow the operation to continue for another 10 years, permitting the complete extraction of marketable material and restoration of the site. There is no plan to redevelop the site as part of the restoration. Ultimately, the sand pits will transition into lakes and the surrounding properties will be cultivated. The borrow pit has been operating without incidence and in accordance with the Virginia Department of Mines, Minerals and Energy's regulations, according to that agency. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There were two speakers at the Planning Commission public hearing who spoke in opposition to the request. These speakers included an adjacent property owner and their attorney. Concerns noted by the speakers were issues related to flooding, well contamination, and traffic. In addition, one speaker submitted a letter of opposition. In response to concerns raised about well contamination, the applicant states that there are 12 monitoring wells on the site monitored on a quarterly basis by an independent consultant, AH Environmental Consultants, that reports to the City Public Works Department. The monitoring wells are located at varying depths and provide a cross section of the vertical and horizontal movement of water within aquifers in the surrounding area. Thus far, there is no indication of any saltwater intrusion as a result of the mining activity on site. Bonney G. Bright Sand Co. Page 2 of 2 ■ Recommendations: On August 12, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1. All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000, February 14, 2006, and February 9, 2010, shall remain in effect, except Condition 20, which is replaced below. 2. Extension of time for operations is for a ten-year period, ending in June 2030, to include restoration of the property. 3. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months as depicted on the submitted plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines Minerals and Energy. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 1,624., City Manager: Applicant Bonney G. Bright Sand Co. Agenda Item Property Owner Bonney G. Bright Public Hearing August 12, 2020 6 City Council Election District Princess Anne Virginia Beach Request Modification of Conditions (Borrow Pit) Staff Recommendation ,sb Approval i° a c a Staff Planner 'u.'icLandingRoad Bill Landfair 044, Location •<, 200 Princess Anne Road 00, GPINs 2316698832, 231696801, 2317621327, 2317723259, 2317612520, & 2317801537 Site Size — � 237.57 acres AICUZ Less than 65 dB DNL Watershed n „MarshCa°sewa Southern Rivers Existing Land Use and Zoning District y y ublic' Single-family dwelling/AG-1 &AG-2 Agricultural g , 4 Surrounding Land Uses and Zoning Districts ' 04, North Single-family dwelling, cultivated fields /AG-1 6<Q • •-. .s +fir o , ' &AG-2 Agricultural ti °'o . ; South ' E ' 4 Single-family dwelling, cultivated fields/AG-1 & t AG-2 Agricultural { `¢ .• East Princess Anne Road N � ; f- ` Single-family dwellings, cultivated fields/ R-5D :�- Residential, AG-2 Agricultural t • West .z r Undeveloped land /AG-1 Agricultural Bonney G. Bright Sand Co. Agenda Item 6 Page 1 Background & Summary of Proposal • Excavation of sand has been an ongoing operation on the property since the 1970's. A Conditional Use Permit for a 23.4 acre borrow pit was approved for the site on December 18, 1989. Subsequent approvals, most recently February 9, 2010,expanded the operation to a total of 156.64 acres. At the time of that approval, it was expected that ongoing mining would continue until June 2019,with restoration of the site to be completed by June 2020. • At this time,the applicant is seeking a Modification of Conditions to permit the operations to continue for another 10 years,to June 2030. This would allow for the complete extraction of marketable material from the mine,the reprocessing of overburden material into a marketable product, and restoration of the site. There is no plan to redevelop the site as part of the restoration. The sand pits will be turned into lakes with a 3-to-1 slope,and surrounding properties will be cultivated. • As currently operated,the on-site operations will continue to be between the hours of 7:00 a.m.to 5:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 p.m. on Saturday. No work is performed on Sundays. • Princess Anne Road is the main haul road, and access to the site is from Currituck County, North Carolina,just south of the boundary line between the states. AG-2. AG-2 AG-2. AG-2 AG-, {"- Zoning History # Request �� 1 CUP(Borrow Pit)Approved 12/18/1989 is /�," MOD(Modification of Conditions)Approved 11/28/2000 2 /� MOD(Modification of Conditions)Approved 02/14/2006 / •��, MOD(Modification of Conditions)Approved 02/09/2010 ��� 2 CUP(Campgound) Approved 11/08/1971 MOD(Modification of Conditions)Approved 11/08/2005 A (Modification MODof Conditions) --�- Approved 04/16/2019 North Carolina Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The requested Modification of Conditions for an extension of time to permit the operations to continue for another 10 years is recommended for approval. This extension of time to June 2030 will allow for the complete extraction of marketable material from the mine, the reprocessing of overburden material into a marketable product, and restoration of the site. There is no plan to redevelop the site as part of the restoration. The sand pits will be turned into lakes with a 3-to-1 slope, and surrounding properties will be cultivated. Bonney G. Bright Sand Co. Agenda Item 6 Pane 2 The borrow pit has been operating without incidence and in accordance with the Virginia Department of Mines, Minerals and Energy's regulations, per discussions with this agency. Based on these findings and discussion above,Staff recommends approval of the Modification to the Conditional Use Permit for the extension of time. All the conditions attached to the Conditional Use Permit approvals of November 28, 2000, February 14, 2006, and February 9, 2010 are incorporated into the recommended new conditions below. As noted, a revision to Condition 20 regarding the date of closure and restoration is proposed as well as the addition of Conditions 2 and 3 to ensure consistency with the City's Borrow Pit Guidelines. Recommended Conditions 1. All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000, February 14, 2006, and February 9, 2010, shall remain in effect, except Condition 20,which is replaced below. 2. Extension of time for operations is for a ten-year period, ending in June 2030, to include restoration of the property. 3. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months as depicted on the submitted plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors& Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines Minerals and Energy. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Rural Area.The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina border.The physical character of this area is low,flat land with wide floodplains and wind driven tides.Within this area is a significant presence of working farms,farm related businesses, and limited non-residential areas along with scattered housing sites.The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. Bonney G. Bright Sand Co. Agenda Item 6 Page 3 Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 3,810 ADT' 12,000 ADTI(LOS 2"D") No Change Anticipated3 lAverage Daily Trips 2 LOS=Level of Service 3 No change in quantity of marketable material to be annually removed Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of the property Princess Anne Road is a two-lane rural road with a 50-foot right-of-way.There are currently no CIP projects scheduled for this section of Princess Anne Road. Public Utility Impacts Water& Sewer The site is not connected to City water or sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report,as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 30, 2020 and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020 Bonney G. Bright Sand Co. Agenda Item 6 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Bonney G. Bright Sand Co. Agenda Item 6 Page 5 Site Exhibit _ .6 i he eC [ i i i Qy�e Z V: y p eRr Abts g.e Z}g}b� i!� ab^ [�b"i y •aaid b�gyy�4 3 if • ,.. .. iI a S[L!u •,t.if bra br: WI kV:E X r§ 'is96e[3 W c'i 3�, -a* tlY ��_,a _ .c 'is!?,!-it g > 4 -`—s _ - -- -- - - - - - -- gam i k ' :!r-- ra.. \ m. �• I uAt K n 1 W \ f ` 1 t �I I\ ' . i _ F v , �`\\ - sad'. . idi 4 if ; .V A 1 1\ ) \ • bbS t.: leap= \• >_. I a i !•\ I g 1.l r fe --t- 1, c €F } pc +,..b I.. '4C., . lk \ . ry F? Pp y • ' \ .y a Bonney G. Bright Sand Co. Agenda Item 6 Page 6 Reclamation Plan ....,, b. .1 t -. lk z 0 k; - 0 m ,.... v• r/l'idg:•.;;" \ i 0 ...% m . k g I, 5 , ta, 0 1 .....,...., z , .i. . ....:, \ < r, - - - -- - - - -- \- \ \ NORTH CAROLINA ---'-'—_ MIRGINIA Ni K \ ' : E . > --1-„, • : Z / \75 , i Z co ec . W 0 \(vv.1,1 * ' ' . . _ _ „ • - s'.- a_x I— I. , ., • • ..0 • . ... ".• 1 S > x • -41.14: b- ; -1* • ,, . Ct h ,... ,.. ..,, ,. - _,.. • _ . . . I , ......1 ,. , , ... ,. . .... .._. . ,..\ . R . ' ..- 1 ••,• , 14', 'r i•- gb _ ______ .1 I ------------,!i -....' / • p < \ ,• I I < . 0 ...„ , b * kg - fr1 r' >a Bonney G. Bright Sand Co. Agenda Item 6 Page 7 CUP Conditions 11/28/2000 and 2/14/2006 1. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal,State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall obtain a Non- Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 2. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center.The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation.The site plan shall also detail the truck watering schedule currently utilized for the abatement of dust generated by this operation. 3. The limits of excavation in the southeast corner of the site, as shown on the site plan dated April 20, 2000 by Gallup Surveyors and Engineers and on file in the Planning Department, must be modified to remove the cemetery site from the excavation area and provide at least a 100 foot buffer from the cemetery limits to the edge of the excavation area.The site plan submitted to the Development Services Center must show the cemetery site, new limits of excavation and permanent fencing to identify and protect the cemetery site.All other limits of excavation shown on the site plan dated April 20, 2000 must be adhered to. 4. The site plan submitted to the Development Services Center must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit, as shown in the "typical cross section"on the site plan dated April 20,2000,within 60 days after excavation is complete. 5. The maximum depth of the proposed expansion shall not exceed an elevation of-38.0 feet from elevation 0.00. 6. No access to or from Pocahontas Club Road will be allowed for the borrow pit operation. 7. Renewal of the conditional use permit is required after a five year period. 8. Operating hours shall be 7:00 am to 7:00 pm, Monday through Saturday. No Sunday operating shall be permitted. 9. No encroachments into existing easements will be allowed.Access to drainage easements must be provided by the applicant over all outfall systems within this site. 10. No encroachment into natural drainage channels will be allowed. 11. Dewatering of the pit will be allowed and the following are required: a.A dewatering settlement basin shall be constructed to capture sediment before discharge. b. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. c. Pumps for dewatering shall operate only between the hours of 7:00 am and 7:00 pm, Monday through Saturday. No pumps shall operate on Sundays. Bonney G. Bright Sand Co. Agenda Item 6 Page 8 d.The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet and those within 2,500 feet if proved to be affected by this operation. e. Water taken from the pit shall be retained on the site to the greatest extent practicable. (Recharge) 12. The existing buffer of pine trees along Princess Anne Road must remain undisturbed. 13. Un-drained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitoes and other insects. 14. A double row of Loblolly and Virginia pine trees, at least 2-3 years old at planting,and an understory row of wax myrtle shrubs, is required to be planted along a three foot (3) high berm along the Pocahontas Club Road frontage for screening and buffering. 15. On an annual basis,the amount of excavated material removed from the pit shall be consistent with the amount reported to the "Virginia Department of Mines, Minerals, and Energy for the year 2000. A copy of the 2000 yearend report and all future quarterly reports shall be submitted to the Zoning Administrator to ensure compliance with this condition. 16.Applicant shall, at his expense, establish monitoring wells, between two to four in number(to be determined by the Water Resources Manager) at such locations as may be determined by the Water Resources Manager,for the purpose of monitoring any salt water intrusion which may occur as a result of the applicant's operation.Testing shall be performed at each such well a minimum of once per year and a minimum of four times per year if deemed necessary by the Water Resources Manager. Results shall be provided to the Water Resources Manager. If, in the judgment of the Water Resources Manager, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion,the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 17. The maximum number of truck trips generated by the borrow pit shall be 75 per day.A truck trip shall be considered one round trip, in and out of the borrow pit. 18. The operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance. Additional right-of-way may need to be dedicated by the applicant to accommodate the turn lane. In addition,the entrance shall be paved and the pavement shall extend 50' back from the property line and then graveled an additional 50'.The entrance plan shall be reviewed and approved by Traffic Engineering. 19. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired and fueled on the borrow pit site or on property zoned for such use. 20.Approval is for a one-year period. If all conditions have been met at the end of the one year,the conditional use permit may be extended an additional four years. Bonney G. Bright Sand Co. Agenda Item 6 Page 9 CUP Conditions 2/9/2010 1. All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000 and February 14, 2006 shall remain in effect, except Conditions 5, 11 (e) and 16, which are replaced below. 2. The applicant shall submit a site development plan in accordance with the Zoning Ordinance,Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant and or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a monitoring well/bore hole installation plan and to estimate existing and projected recharge of de-watering operation discharge water the applicant shall provide a groundwater recharge plan,which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee " 4. The applicant and or operator of the borrow pit shall,at his expense, establish monitoring wells,the number to be determined by the Director of Public Utilities or designee, at such locations as may be determined by the Director of Public Utilities or designee, for the purpose of monitoring groundwater quality,to include detection of any salt water intrusion which may occur as a result of the applicant's operation.Testing shall be performed at each monitoring well a minimum of four times per year.The Director of Public Utilities or designee may reduce monitoring frequency, should conditions warrant, to annual testing at each well.Analytical results shall be provided to the Director of Public Utilities or designee. If, in the judgment of the Director of Public Utilities or designee, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion,the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. (This condition replaces Condition 16 of the 2000 and 2006 approvals) 5. The maximum depth of the proposed expansion shall not exceed an elevation of-25.0 feet below ground surface from elevation 0.00 feet below ground surface.The applicant shall not breach the confining layers regardless of depth. (This condition replaces Condition 5 of the 2000 and 2006 approvals). 6. The groundwater recharge plan shall retain water on site to the highest degree practical. The applicant and or operator of the borrow pit shall provide a quarterly report of the water recharge system on the site to include the amount of water pumped from the borrow pit,the amount of groundwater recharged on the site, the amount of water discharged to off-site surface water,and the local precipitation.The plan shall be subject to the approval of the Director of Public Utilities or designee. (This condition replaces Condition 11 (e) of the 2000 approval). 7. The proposed expansion to the borrow pit shall be commenced in phases.The first phase to be mined shall be of the 1.46 acres depicted on the submitted site plan on the northeastern side of the site, adjacent to the existing borrow pit.The mining shall be completed within six months of all necessary approvals and converted into a portion of the recharge system within 12 months of all necessary approvals. Bonney G. Bright Sand Co. Agenda Item 6 Page 10 8. Berming of 3-feet to 4-feet in height and installation of Category 4 landscape screening shall be installed between the borrow pit and the improved portions of Pocahontas Club Road by the completion of the first phase of mining noted in Condition 5. Bonney G. Bright Sand Co. Agenda Item 6 Page 11 Site Photos r. *.: ems«. $' ~7: • •. a t�- V — , • • t� }n,i is Bonney G. Bright Sand Co. Agenda Item 6 Page 12 Disclosure Statement APPLICANT'S NAME Bonney G. Bright DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property I Disposition of City 1 —Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special 1 Investment Program Changes Exception for ! sEDIP) f Board of Zoning Encroachment Request Rezoning j I Appeals — I Certificate of Floodplain Variance i Appropriateness - — :, Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board J — Conditional Use Permit 1 License Agreement Wetlands Board he disclosures contained in this form are necessary to inform pik)lic officials who may v-.ta arl the application as to whether they have a conflict of ir,tcr-pc' urd t r virginia law. s - SECTION 1 / APPLICANT DISCLOSURE e 1 of 7 FOR USE ONLY/Ali disclosures must two weeks to any Page Planning - ___ __pertains to the ap Iikati n(s). El APPLICANT NOTIFIED OF HEARING DATE 0.-- NO CHANGES AS OF d DATE 4Is IZo t -t.. W.I.4tu1>rol a.. 0 i REVISIONS SUBMITTED DATE Bonney G. Bright Sand Co. Agenda Item 6 Page 13 Disclosure Statement 'rgiria Beath r Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Bonney G. Bright If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) Bonney G. Bright (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 on4 if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:__Sonne/G. Bright If an LLC, list the member's names Pace 2 of 7 Bonney G. Bright Sand Co. Agenda Item 6 Page 14 Disclosure Statement 3k13 If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) Bonney G. Bright,President (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aaolication or an, business o;gratin;; or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Bonney G. Bright Sand Co. Agenda Item 6 Page 15 Disclosure Statement Vila APPLICANT µnix Beach SERVICE __ PROVIDER(use additional sheets if YES NO needed) J IX ❑ Accounting and/or preparer of Anderson&Associates,P.C. your tax return a I— f Architect/Landscape Architect/ Bruce Gallop Surveyors&Engineers, Land Planner Contract Purchaser(if other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed 1 {1 E purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) ® Construction Contractors _ X 111 Engineers/Surveyors/Agents Sigma Environmental Services,Inc. Financing(include current 1 Towne Bank X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Imo\' _ Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ E Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n Ix an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Bonney G. Bright Sand Co. Agenda Item 6 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information' provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this'Yt9y4 , A,:plication. t �, _ Bonney G. Bright 4-16-20 PLICANT'S IGNATURE PRINT NAME j DATE Page 5 of 7 Bonney G. Bright Sand Co. Agenda Item 6 Page 17 Disclosure Statement OWNER Virginia Beach [—YES] [°1 SERVICE PROVIDER Oise additional sheets if — needed) F Accounting and/or preparer of Anderson&Associates,P.C. I your tax return n Architect/Landscape Architect/ Bruce Gallop Surveyors&Engineers, Land Planner LTD ----- Contract Purchaser(if other than C the Ap licant)-identify purchaser and purchaser's service providers Any other pending or proposed 7 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) NConstruction Contractors zn Engineers/Surveyors/Agents Sigma Environmental Services,Inc. Financing(Include current Towne Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) i X nBourdon.Ahem&Levy,P.C. Legal Services Real Estate Brokers/ n X Agents/Realtors for current and anticipated future sales of the subject ro; ert. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E. an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Bonney G. Bright Sand Co. Agenda Item 6 Page 18 Disclosure Statement Virginia Beach CERTIFICATION: .11 certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. Bonney G.Bright 4-16-20 P PER 0 ER'S SIG TURE PRINT NAME DATE Page 7 of 7 Bonney G. Bright Sand Co. Agenda Item 6 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Bonney G. Bright Sand Co. Agenda Item 6 Page 20 Items # 6. Bonney G. Bright Sand Co. [Applicant] Bonney G. Bright [Owner] Modification of Conditions (Borrow Pit) 200 Princess Anne Road August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Madam Chair. The next item on the agenda is item number six Bonney G. Bright Sand Company for a modification of conditions request, at 200 Princess Anne Road in the Princess Anne District. The applicant's representative is Harold Jones. Mr. Jones you have up to 10 minutes. Please start by stating your name for the record. Thank you. Mr. Jones: Good morning, Madam Chair and Members of the Commission, my name is Harold Jones with Sigma Environmental and I represent Bonney Bright Sand Company. In this current application is essentially a renewal application for the conditional use permit that was issued in 2010, and previous conditional use permits that were issued prior to that. The mine right now, we are still working within the mine and we need additional time to complete the removal of marketable material, and more importantly to have available amount of time for mine reclamation which is a requirement of the previously issued conditional use permits. It is also a requirement of the State Department of Mines, Metal and Energy and the Federal Mining Regulation's. The pit does provide a great amount of public service to the community. Certainly, various departments within the City of Virginia Beach utilize its products, public works, public utilities, etc. And, it also is owned and operated locally by the owner, who employs 40 to 45 local people and employs all these folks that really need to work. It is part of the original permit that was issued, we had four monitoring wells that were installed during subsequent applications for additional extensions and conditional use permit. Over time, we now have 12 monitoring wells on this site that are being monitored, three of which are USGS wells. They are at varying depths and that provides us a good cross section of hydrology in according to the geographic stratigraphy on the site. And, it gives us a good idea whether or not there is any potential saltwater intrusion which was always been a concern over a number of reviews of this previous conditional use permit application. And, to date, we have not found and we submit data on a quarterly basis to the City, and that information is reviewed with internally 1 and they also have an independent environmental consultant that reviews that data and provides reports back to them. And thus far there is no indication that there is any saltwater intrusion on this site. There are three different aquifers that are monitored as a resolve of the well installation. And, there is only really one or two of the surficial or the Yorktown Aquifer that would potentially be utilized by local residents within the area, and there is obviously no corner depression associated with this that would affect those wells. One of the other major conditions was that we establish a Groundwater Monitoring Program and a recharge plan that was put together and approved by Planning Staff back in 2010, and we continue to operate under that and all the conditions that were issued in 2010. There have been no notices of any violations, we report on time consistently every quarter. And, there are no violations whatsoever that have occurred in the mine related to the city requirements. Other than that, I will open it up for any questions that the Commission may have. Ms. Oliver: Do we have any questions? Thank you very much and we welcome back to you. Mr. Jones: Okay, thank you. Ms. Oliver: I understand, we have one speaker. Mr. Landfair: Yes, Madam Chair, there is one speaker signed up to speak, Tyler Rose. Mr. Rose, please state your name for the record. Thank you. Mr. Rose: Good afternoon, Madam Chair and Members of the Planning Commission, my name is Tyler Rose I am a local attorney with the Law Firm Williams Mullen, I reached out to several of you, representing some concerns that a client of mine had with regard to this project. He has lived in the area for a long time, I do have him here with me today, Mr. Mark Resalphe. He will be able to speak a little bit more to his experience with the project and the impacts on the local environment down there and then also just with the community in general. We have been in some discussions with Mr. Landfair and he has been very helpful in providing some additional clarity on the project, you may be able to tell with the email, we originally thought there was an expansion of the operation. He presented to us that it was just an additional operational timeline to look at an extension of another 10 years, we would request that 10 years be reduced down to five years and there will be more periodic monitoring, especially with regard to the additional concern with sea level rise and request some additional tests and monitoring that originally were in place back in 2000. Our understanding is 2 that there were some tests done in terms of the geological impact, so, just as concerned citizen my client would request some additional information on just how that impacts the environment and the community as a whole and allow my clients Mr. Resalphe to speak to his experiences down there, and some of the things that he has witnessed with the operation. Thank you for your time today. Ms. Oliver: Right, thank you. Do we have any questions? Okay. Great. Thank you. Mr. Resalphe: Good afternoon. Thank you. My name is Mark Resalphe, and I live on Pocahontas Club Road which adjourns this project here. As a matter of fact, I live in the Pocahontas Club, which is listed in the Virginia Beach publication of 50 most historic properties of Virginia Beach. It is a historic hunt club that my wife and I bought in the early 90s, and did a lot of work and spent a lot of money restoring. It is good for another hundred years I am happy to say. And, we also expanded our property to include about 38 acres on Back Bay. When this project came up for the 2010 time frame, we looked into it and we heard the concerns of everybody. We listen to the City Zone Experts about the danger to the aquifer, which monitoring helps, but it is a time thing as well. The minute salt water intrudes in our aquifer, we have no drinking water and that is all there is to it. We had a scare about a year ago in my son's property which is also on Pocahontas Club Road, and we had to have someone come in and find out why his water was salty and it turned out to be a moving thing, it moved out and he then did not have the problem. But, it gave us a scare and it made us think about it. I am pro- business at the time in 2010, I looked at everything they said they are going to monitor it, they are going to take care of it, the environmental concerns were huge. If you look, we are on a narrow peninsula we got Intracoastal on one side and Back Bay on the other. And,the size of this project originally was already quite substantial to that piece of land. And, then when it moved across the border to North Carolina and expanded in size, it was disturbing environmentally to see this going on, we have now a lot of topsoil gone, a lot of compacted land without the trees and everything that could suck up water or crops or whatever. And, I was weighing all that, but I said you know if he isgoing to be 10 years, he is going to do something at the time, helped the city a lot because they used it for the beach replenishment, and as their speaker said helps community. I was a customer and bought sand from them everything like that. But, I thought it is worth 10 years and when I saw this I was surprised. I was surprised for two reasons, one, if he had 10 years before he skipped across the border what halfway through or whatever or what if you use that 10 years in Virginia Beach like he said he was going to, 3 we will be done. How much did he take already, how much of the amount he is allowed and did he take already and if he X-percent he took, how long did he do to take that why does he need 10 years to scrape up whatever is left or what have you, or why cannot this stuff be moved over to the operation in North Carolina which is further away from Pocahontas Club Road. We used to wake up before this operation, listening to the sound of birds, we have a beautiful property, all beautiful wildlife and everything. Now we hear the backup beeps of dump trucks and the clanging of the back of them to get the wet sand out, it is loud. It is like a bomb and it goes on all day. We have an industrial mining operation at the end of our street. And my question would be. Ms. Oliver: I am so sorry. Mr. Resalphe: I am sorry. Okay, I see that. Ms. Oliver: The red light is on. Mr. Resalphe: Thank you for your time. Ms. Oliver: Do we have any questions for him please? No. Okay. Thank you. Mr. Resalphe: Thank you for your time. Ms. Oliver: Yes sir, would you like to come back up and address some of the statements that were made, please. Mr. Jones: At least the comments associated with the wells and the stratigraphy there. One thing that has to be taken into consideration is the depth of the permitted mine, which is only 25 feet deep from the surface. There are three different aquifers, the surface aquifer if anybody puts a well in a surface aquifer that is less than 25 feet because 25 feet is also what we hit the first actuator and that is a restricted layers in the soil profile, and it prevents water or it severely restricted from vertical movement. And, what happens is that by limiting at 25 feet you are down to the bottom of your reserve of your marketable sand, and you have a restricted layer, so, anything that is going on in that area, 25 feet or above is generally out of the zone of where normal people are going to be putting wells in. Primary reason is because it is full of iron and everybody knows what iron does to your bathtub and your sinks and your clothes and everything else. Most wells that are put in are drilled wells, they are going down to the second or third aquifer down below the confining lens. So, if they have well failures of some sort then there will be on the direct impact of dewatering the pit. And, because of the 4 actuator there is very little in terms of development of the depression below that, so, if they have problems with their wells there, chances are those problems are for some other reason. We have the 12 wells that I talked about completely circumvent both the North Carolina and Virginia mines. They have been looked at and approved by the hydro geologist enrichment with the USGS, and they are also evaluated on a quarterly basis by an independent consultant, AH Environmental Consultants out in Newport News and they report back to the City Public Works Department in terms of various constituents that are in the water quality that are used as markers for salt water intrusion. What is going on in terms of level of Back Bay and in terms of global rise is happening it is only going to increase, and it is not going to have any bearing on water quality itself within the confining aquifers below that and I see my time on. Ms. Oliver: Thank you. Do we have any questions? Yes, Don. Mr. Horsley: Harold these monitoring wells you have got, you think they are adequate to continue use of them to address any concerns that may arise. Mr. Jones: I do, as matter of fact, though, we have one at Pocahontas Road that has satellite uplink to it and I can get on the computer and tell you exactly what is going on in terms of water levels, and a couple of other various constituents that are monitoring in those wells. Some of ours as deep as 180 feet, and we got a good cross section of well depths that looks at the various both horizontal and vertical movement of water within the various aquifers. So, it is well thought out plan in terms of monitoring and evaluating the effects of potential dewatering above the surficial actuator, which is the top 22 to 23 feet. Mr. Horsley: So, basically what Mr. Bright wants to do is continue to operate as he has done the last 10 years for the next 10 years. And, he had not had any problems in the same monitoring system as it being commenced. Mr. Jones: The extent of the line has been excavated thus far, there are materials. We also mix, a lot of his clients require certain specifications for construction. And, there is a lot of stores and there is also mixing of that material to meet those specifications, so, you have got onsite storage to be able to meet what your potential customer needs for road construction, building construction whatever the case may be. So, there is that and then you just do not go in for mine reclamation and do that in one week or two weeks, it takes time. You have got to go in and do it right, use right materials, planning, those sorts of things so it takes time. 5 Mr. Horsley: Thanks you sir. Mr. Jones: Yes, sir. Ms. Oliver: Yes, Whitney. Mr. Graham: The website that set up that you are able to go on and look at to monitor the wells. Is that something that the gentleman here is able to actually access. Mr. Jones: I do not know if it is open. I do not know if it is a public access or not, I can certainly find out. Mr. Graham: But, it seems like it would be, if it is drinking water it would be nice to be able to access that. Ms. Oliver: Well, sir, I am sorry. That is okay. Mr. Graham: So, I kind of made eye contact and it was partly my fault. Mr. Jones: I would assume it is, because I use the Beggers Bridge Tide Gage uplink from USGS for a lot of different reasons on Back Bay and that gives me real time data both for water level, temperature, precipitation, salinity, and some other components. So, it should be there. Ms. Oliver: Right. Do we have any other questions. No. Thank you. Mr. Jones: Thank you. Ms. Oliver: I do have a one question for the applicant, and let the attorney, since he is representing you maybe I will ask you if you do not mind coming up. And, I just want to make sure, I was understanding, so, I know that there was a question of the water quality. If he has had a problem with the water quality in proximity to this. Mr. Rose: As Mr.Resalphe mentioned there was that one particular scare with his son's property, he has a property there, his children have a property down there so it is a big family grouping down there, so they are disproportionately impacted by this whole operation. So, his entire family to this point has been impacted by this operation and his property in general. He has specific anecdotal things he can speak to. They may be complying with all of the State and Federal requirements at this point it is just that there are serious concerns that he has about his family, these concerns if that groundwater is penetrated by saltwater is irreversible and they are kind of left without recourse at that point. So, they are very sensitive to that and then also they are not entirely clear on the impact that sea level rise may have on this 6 project that may not have any but they are not entirely sure. So, they are just not really in a position to evaluate the overall impact, so, they are just here expressing their concerns and hoping that this city will take at least the responsibility to look out for them seriously and impose conditions that will look out for the community down there as well. So, I am happy to turn it over to Mr.Resalpheif he wants to speak. If you have any specific questions that his experience down there you are representing him generally. Ms. Oliver: No. I think I am good I just sort of want to just kind of see where we were on that. Mr. Rose: Thank you Madam Chair. Ms. Oliver: Okay, great. Thank you. I guess we will go ahead and we are going to close this and put the Commission to have a discussion on this. Mr. Horsley: Madam Chairman, I would submit that this operation has been going on for many years and the last 10 years in particular have been monitored by as Mr. Jones said some 12 monitoring wells and I do not think there has been any complaints voiced and Mr. Bright about it any problems if that they have, I am sure, knowing Mr.Bright and his community service he would not want to do anything that would harm anybody in the community and I am sure he would address those problems right away. So, with that being said and with the use of this material that he has got in the city and surrounding area is really a big thing for this area to have access to that sand pit. So, with that, whenever you are ready for motion I am ready to make mine. Ms. Oliver: Anybody else? Okay. Mr. Redmond: I move approval of the application. Mr. Horsley: I will second. Ms. Oliver: Marchelle will you call for questions please. Ms. Coleman: Okay. No abstentions. Ms. Oliver: I am sorry, I did not noticed. Do we have any abstentions to this vote, any of the Commissioners? No. Thank you. Ms. Coleman: Okay, no problem. If you are in favor of the motion say, yes and if you are oppose say, no. Mr.Alcaraz. Mr. Alcaraz: Yes. 7 Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against Agenda Item six is hereby recommended for approval by the Planning Commission. Thank you. Ms. Oliver: Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE 8 CONDITIONS 1. All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000, February 14, 2006, and February 9, 2010, shall remain in effect, except Condition 20, which is replaced below. 2. Extension of time for operations is for a ten-year period, ending in June 2030, to include restoration of the property. 3. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months as depicted on the submitted plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines Minerals and Energy. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 9 William R. Landfair From: Rosa, Tyler <trosa@williamsmullen.com> Sent: Wednesday,August 5, 2020 10:32 AM To: William R. Landfair Subject: Bonney G. Bright Sand Co. - Planning Commission Aug. 12, 2020, Agenda Item No. 6 [IWOV-IWOVRIC.FID2177554] Attachments: Bright CUP Staff Report - 1.13.10.PDF CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, Mr. Landfair, As a follow up to my recent voicemail messages,our firm represents an individual who owns several properties on Pocahontas Club Road and has serious concerns about the affect any expansion of the Bonney G. Bright Sand Co. operation would have on the local community.As I am sure you are aware,there is a long history behind the development of these borrow pits, including major issues surrounding flooding,well contamination,and traffic; therefore, my client respectfully requests additional information on what ecological impact studies the City is requiring in considering Mr. Bright's application and how the City plans to address the detrimental impacts on the surrounding area. Notably, as part of the prior CUP modification in January 2010, Mr. Bright represented to the City and the adjacent property owners(including our client)that the site would be restored by June 2020 and that the pits would be turned into lakes while the surrounding properties would be cultivated (see attached Staff Report, pg. 2). Given those promises, Mr. Bright's plans to expand his borrow pits and the City's seeming support of that plan have come as an unwelcomed surprise to our client and the other concerned citizens organizing around him. Also in 2010,the City required Mr. Bright to conduct ecological and flooding studies and implement well monitoring protocols to protect against possible saltwater contamination of water supply wells, which are even greater concerns now given increased awareness over the past decade about the threat of sea level rise to coastal communities. Please note that the concerns raised in this email are only a few of the many our client and other property owners have about this project(including EPA prosecution of Clean Water Act violations on the property and Mr. Bright's decision in 2013 to simply cross the state line and establish more intense operations on the North Carolina side of his property when unable to further expand in Virginia Beach) but for purposes of brevity I have decided to highlight certain issues that provide context for our client's concerns. We appreciate any additional information you are able to provide at this time while we await publication of the Staff Report. I look forward to your response and please feel free to give me a call at(757) 282-5052 to discuss in further detail.Thank you, Tyler Tyler J.Rosa I Attorney I Williams Mullen 222 Central Park Avenue, Suite 1700 I Virginia Beach, VA 23462-3035 T 757.282.5052 I C 831.236.2805 I F 757.473.0395 I trosa@williamsmullen.com I www.williamsmullen.com NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney-dient privilege and work product confidentiality. If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 1 K/ i ,: _ *N2) , ,: ' 0•-2 • N, /i 46N \ -i vi ei*`• ' _......—______ ,.-.7, B-2 ii).? _ NN / ,;,.:#;"/ 1, rN, \ N ,„,, , 4 i, / i N N , R�,1,0. / SI; vi,i Ey .( ' 7 if L-----1 > i -,. '- , 44,, , iii‘: / Niiiitop � . . ' \/ B Z f c)eI. 4 lt, '''0.0w G ) w w N 1V1/0 \ / / NW4h, \ R, 10464 o 0-1 \\ N \\ , .‘ - N 't`t. x , N „: . - ' A R-toA/ -4.7, . • Suite N // Site Studio Evolve, LLC W 412 E Property_Polygons 512 S. Independence Boulevard `IJ s Zoning Parking Lot Drive Aisle Feet Building 0 40 80 160 240 320 400 480 f,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STUDIO EVOLVE, LLC [Applicant] BYLER LAKES, LLC [Property Owner] Conditional Use Permit (Body Piercing Establishment) on property located at 512 S. Independence Boulevard (GPIN 1476688794), COUNCIL DISTRICT — ROSE HALL MEETING DATE: September 15, 2020 • Background: In 2010, a Conditional Use Permit for a Tattoo Parlor was approved by City Council for a unit on this commercially-zoned parcel. In 2015, a Modification of Conditions was granted that permited the expansion of the use into the entire 3,500 square foot building. The applicant is now requesting a Conditional Use Permit to add body piercing services to the operation. No exterior changes or new signage is proposed for the building. • Considerations: The proposed request is an acceptable use in this location and will be compatible with the other existing commercial businesses in the area. As required by the Zoning Ordinance, there is no other tattoo parlor or body piercing establishment within 600 feet of the site. The addition of body piercing is compatible with the existing tattoo studio use. There is ample parking on the site for patrons and employees. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On August 12, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. A business license for the Body Piercing Establishment 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. Body piercing services 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. Studio Evolve, LLC Page 2 of 2 A separate sign permit shall be obtained from the Planning Department for the installation of any new signs • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department WP-.C_ City Manager:00 Applicant Studio Evolve, LLC Agenda Item Property Owner Byler Lakes, LLC Public Hearing August 12, 2020 (-ago' City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Body Piercing ::l:::endation iliftrcalimilusv opr .....*-.;r44,......: Approval Staff Planner i$.. ,1 } Marchelle Coleman Location 1 f. 512 S. Independence Boulevard Ik4 , GPIN 1476688794 1" Site Size .-* loe Illho 4 • 52,024 square feet 1 AICUZ Less than 65 dB DNL { 4 , Watershed Ark •/ Chesapeake Bay Existing Land Use and Zoning District Office complex/B-2 Community Business Surrounding Land Uses and Zoning Districts North Mount Trashmore Park/P-1 Preservation South ti S. Independence Boulevard . Mixed retail,office/B-2 Community Business, 0-1 Office °$ East . - Office complex/B-2 Community Business ,may `r West „ .- Mount Trashmore Park/P-1 Preservation " s. •t• Studio Evolve, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • In 2010,the applicant successfully obtained a Conditional Use Permit for a Tattoo Parlor in a small 1,500 square foot space within this building. In 2015,a Modification to the Conditional Use Permit was granted which permitted the expansion of the Tattoo Parlor into the entire 3,500 square foot building. • The applicant is now requesting a Conditional Use Permit to add body piercing to the services offered by the establishment. • No exterior changes or signage is proposed for the building. Zoning History • # Request 40�%9, 1 MOD(Tattoo Parlor)Approved 08/18/2015 CUP(Tattoo Parlor)Approved 05/11/2010 *7 CUP(Vocational School)Approved 05/11/2010 2 CUP(School)Approved 09/11/2012 17/� L REZ(B-2 Business to 0-1 Office)Approved 05/25/1998 CUP(Senior Housing)Approved 05/25/1998 1% •'�, / j� 3 MOD(Modification of Proffers)Approved 06/09/2009 REZ(P-1 Preservation&B-2 Business to Conditional I-1 3 Light Industrial)Approved 09/22/1998 a, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The request for a Conditional Use Permit for a Body Piercing Establishment is, in Staff's opinion,acceptable given that the use will be compatible with the other existing commercial businesses in the area. The Zoning Ordinance requires any Tattoo Parlor or Body Piercing Establishment to be located at least 600 feet away from any other tattoo or body piercing establishment.The location of the existing studio meets this requirement.The addition of body piercing is compatible with the tattoo studio use and will enable the applicant to grow the already successful business.The body piercing operation will be separated from the tattoo work,as it will be in a room designated specifically for that service.There is ample parking on the site for patrons and employees of both the office complex where the business is located and the tattoo and body piercing studio. Prior to offering the body piercing service,the applicant is required to obtain a business license.The applicant has submitted his proprosal to the Health Department and has received verification that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, record keeping, inspections, cleanliness,vaccinations, and permitting. For the reasons stated above,Staff recommends approval of this application,subject to the conditions listed below. Studio Evolve, LLC Agenda Item 1 Page 2 Recommended Conditions 1. A business license for the Body Piercing Establishment 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. Body piercing services shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses.The proposed family day-care home provides a needed service to the community and,with the conditions listed in the staff report,will not be detrimental to any adjacent land uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Independence Boulevard 78,600 ADT' 55,500 ADT'(LOS 2"D") No Change Anticipated lAverage Daily Trips 2 LOS=Level of Service Studio Evolve, LLC Agenda Item 1 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S. Independence Boulevard in the vicinity of this application is considered a six lane major urban arterial. The MTP proposes an eight-lane facility within a 150-foot right-of-way. There is a proposed CIP project to improve the intersection of S. Independence Boulevard and Edwin Drive; however,there is no funding for construction currently in the CIP. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 30, 2020 and September 6, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Studio Evolve, LLC Agenda Item 1 Page 4 Site Layout Existing Building i / 512 / ' • Property tine / / / / 522 10C • • 522 S INDEPENDENCE BLVD; / /• 4. • 516.106 s \ / • 516-105 'fie \ 516-102 �'O . / e 6e`O /• �'• 520 S IFDEPENDENCE BLVD Studio Evolve, LLC Agenda Item 1 Page 5 Site Photos •a tit+ �'� ,1- /sue Afi,, yy f�' , 1 r in in 4 ' ---• ' ' ‘,....•1*:,:,:-.;;.iiiii• _ . ._ . , p ,-;,,4ti.‘`, 1 3 _ii ,, „.......- ,. ,, ,,,_ . v__. ,,, .... _ ....iim - li . i i Ei Pi t, `6 a, i XV t os `� r7 '+.,. �� N.:10164 i _.. , L ' 0_ -- . 6a u u � lA d E - -......, .:,w,...7.-t:-.---.4 Q „,.., _:.....,..--,--,-___,, :.... .: to - �� ,.„ ... ‘t ...,... .., __ _..._. ..„,„____, ...,, ,,_ „,. , ___..__ _ , Studio Evolve, LLC Agenda Item 1 Page 6 Disclosure Statement Virginia Ben, APPLICANT'S NAME Studio Evolve, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit license Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that net tains to the alu,lir;=.:io ❑ APPI(CANT NOTIFIF 1)OF Fir ARINC: fln.I I � ® NO CHANGES AS OF 9/3/2020 MLC- REVISIONS SUBMITTED Studio Evolve, LLC Agenda Item 1 Page 7 Disclosure Statement 1VB Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Studio Evolve, LLC If an LLC, list all member's names: Gabriel CeCe If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ZJ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN.complete the following. (A) List the Property Owner's name:Byler Lakes, LLC If an LLC, list the member's names:David P. Byler Page 2 of 7 Studio Evolve, LLC Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2 2-3101 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Studio Evolve, LLC Agenda Item 1 Page 9 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) I n Accounting and/or preparer of E.Wayne Bostain I your tax return I( n Architect/Landscape Architect/ Chistopher Elam t�\ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Appliance Enterprise, Inc. XEngineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services East Coast Trial Lawyers Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U 7� an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Studio Evolve, LLC Agenda Item 1 Page 10 Disclosure Statement Wive Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled f• public hearing, I am responsible for updating the information provide• ern two weeks prior to the Planning Commission, Council, VBDA meeti •, o meeti - • any public body or committee in connection with this App ati• ir Atom.Cote S RE PRINT NAME DATE nn — 1 Page S of 7 Studio Evolve, LLC Agenda Item 1 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) [X I I n Accounting and/or preparer of Mickey&Assoc. your tax return X Architect/Landscape Architect/ u Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) u X Construction Contractors • ZEngineers/Surveyors/Agents Financing(include current I I mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) L< n Legal Services Kathryn N. Byler Real Estate Brokers / David P Byler - Agents/Realtors for current and — anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have — X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Studio Evolve, LLC Agenda Item 1 Page 12 Disclosure Statement Virginia Beach Ader, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 'I understand that, upon receipt of notification that the application has been• scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. i s y�,y. 5/25/20 PROPERTY OWNER'S SIGNATURE_ PRINT NAME DATE Page 7 of 7 Studio Evolve, LLC Agenda Item 1 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Studio Evolve, LLC Agenda Item 1 Page 14 Items # 1. Studio Evolve, LLC [Applicant] Byler Lakes, LLC [Owner] Conditional Use Permit (Body Piercing Establishment) 512 S. Independence Boulevard August 12, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the Consent Agenda and Commissioner Wiener is going to handle. Mr. Weiner: Thank you, Madam Chair, the next order of business is the Consent Agenda. These are applications that are recommended for approval by Staff and the Planning Commission concurred and there are no speakers sign up to speak in opposition. The Planning Commission placed the following applications on the Consent Agenda items 1, 2, 3, 4, 9, 10, 11, and 13. Let me back up a minute. Planning Commission also replaces the following applications for the Conditional Use Permit for Short Term Rentals on a Consent Agenda, as they meet the applicable requirements of Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no known speakers signed up to comment, which are items 9, 10, 11, and 13. Is there anyone here in opposition of these items. Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1, 2, 3, 4, 9, 10, 11, and 13. Okay, I move the following items to be approved on the Consent Agenda, 1, 2, 3, 4, 9, 10, 11, and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond:Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote, please Marchelle. Ms. Coleman:Sure. If you are in favor of the motion say yes and if your opposed say no. Mr. Alcaraz. Mr. Alcaraz:Yes, Ms. Coleman:Mr. Graham. Mr. Graham:Yes. 1 Ms. Coleman:Mr. Horsley. Mr. Horsley:Yes. Ms. Coleman:Mr. Inman. Mr. Inman:Yes. Ms. Coleman:Ms. Klein. Ms. Klein:Yes. Ms. Coleman:Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman:Mr. Weiner. Mr. Weiner:Yes. Ms. Coleman:Ms. Oliver. Ms. Oliver:Yes. Ms. Coleman:By a recorded vote of eight for and zero against the following items 1, 2, 3, 4, 9, 10, 11, and 13 have been Approved by Consent. If you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date. So that others may attend in the chamber, please exit via the side door. If you are watching virtually, you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda, Bill Landfair will introduce the first application. Mr. Tajan: Madam Chair, just before Bill begins with the Regular Agenda. I do want to note for the record that Mr. Wall, Mr. Coston, and Mr. Barnes are not present in the meeting, due to personal things they need to attend to. 2 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE • Horsley AYE Inman AYE • • Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. A business license for the Body Piercing Establishment 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. Body piercing services shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 I'• Tia\1 � I -i" : I.-I '1hJLi � _ �■ I I •-�- --- `� ' r , , , VS' i ? 5I e I s� R7.5R "Cl i DRc R 7r5 , R�-75 i. R-7-.5 _ -, x , I ioo ■_ n o .� `il IJ A ra .7 ! 1 iimirl.?.. ,--...., r 4 \ S-V\ L.) is' i'll '''' IP ' '1I-7.51 .1 916 ippoommr;iFoill'iwi. lirr'••7,11 • _Aral c Ykas 1 1--, Nu q . \ rn, , • ,.., , -1 Op R-7.5 \ \\ \ • - riv A .... . -1,_ % `) -- '0•\ \ it I '--. 1 1 R-5 B_200 . � 0,72 / , ..11 I �. R-75 B-2 5 �"' 4LL-J __ all Vrg, �,„$ i' ,q4v43,.., 4040.4 \._ _ WM / ' 11 -.-- L 1 1111 1 tx, A "0=2 0*-2 1 . ,_ o o Virginia ' _ arm—t,1r-� � ' ;a Beach-BoTuJevar�— viral 1,_1 --'_ Bonne Roa • ow B-2 -- _ r - - _ * B_2 B 2 B 2 [B�2 —mom 1 Site Franklin Johnston Group Management & Development, LLC W4r Property_Polygons 3808 & 3820 Virginia Beach Boulevard; -� s Q Zoning 309 & 329 Birchwood Park Drive L Parking Lot Drive Aisle — Feet CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] BIRCHWOOD ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Housing for Seniors & Disabled Persons) for the properties located at 3808 & 3820 Virginia Beach Boulevard, 309 & 329 Birchwood Park Drive (GPINs 1487341324, 1487342381, 1487343369, 1487342560, 1487341778 ). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 15, 2020 ■ Background: The almost five-acre property contains five parcels developed with office and event space uses. The applicant proposes to redevelop the properties with a four-story, 150-unit senior housing facility in the Rosemont Strategic Growth Area (SGA). As the housing will be age restricted to persons 62 years old or older, a Conditional Use Permit for Housing for Seniors & Disabled Persons is requested. The proposed senior housing facility will feature a 210,000 square foot building surrounded by 186 surface parking spaces. The architecture reflects a traditional style including brick and fiber cement siding as well as a neutral color palette. • Considerations: In Staff's view and the Planning Commission concurred, the request is consistent with the Comprehensive Plan's recommendations for the Rosemont SGA. Specifically, the Plan calls for a mix of uses along the Virginia Beach Boulevard corridor with four-story multi-family housing and a mix of retail. This location offers walkability to nearby services including a pharmacy, commercial centers to the east and west, and access to an existing nearby bus stop along Virginia Beach Boulevard. The site layout reflects changes made following conversations with the community and recommendations of Staff. These changes include a reorientation of the building to reduce its mass from the view of residents to the east, an increase in the width of landscape buffer to the north to the adjacent single-family homes, and a reduction in the number of ingress/egress points along Virginia Beach Boulevard from four to one. The submitted elevations depict an attractive building with high- quality exterior building materials that will enhance the corridor and the SGA. Traffic generated by the facility will be less intensive than a potential build out of the 0-2 Office District site with office uses. Franklin Johnston Group Management & Development, LLC Page 2 of 3 The application was presented to the Senior Housing Advisory Committee who supports the proposed use at this location; however, did have questions related to affordability of the rental units. At the Committee's meeting the applicant noted that there will be below market units and likely a component of rent restriction; however, the applicant explained at the Planning Commission public hearing that specific details regarding rents has not yet been determined. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: On August 12, 2020, the Planning Commission passed a motion to recommend approval of this request by a recorded vote of 8-0. 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Birchwood - Virginia Beach, VA, Conceptual Site Plan", prepared by Timmons Group, dated July 27, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "NEW AGE-RESTRICTED MULTI- FAMILY DEVELOPMENT, THE ARBORS AT BIRCHWOOD," prepared by Cox, Kliewer & Company, P.C., dated 7/23/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Birchwood - Virginia Beach, VA, Conceptual Planting Plan", prepared by Timmons Group, dated July 27, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The Property, when developed, shall not exceed a total of 150 senior housing units restricted to age 62 and older. 5. The freestanding sign shall be monument style with a brick base, be no taller than eight (8) feet in height measured from the ground to the top of the sign. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. Franklin Johnston Group Management & Development, LLC Page 3 of 3 8. All light fixtures shall be shielded away from the adjacent residential uses to the north and east of the site. 9. The dumpster(s) shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10.The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department t„)(A(_... City Manager:, NApplicant Franklin Johnston Group Management & Agenda Item Development, LLC B Property Owner Birchwood Associates, LLC Public Hearing August 12, 2020 5 Virginia Beach City Council Election District Lynnhaven Request Conditional Use Permit (Housing for Seniors and Disabled Persons) I�,, 1 4"nb La, 1e .,_ V:° ' Staff Recommendation III:: R°�� Na,,,y�tan °iw Approval Ru+kiel lanex c° o E 4' O^lane Lane all ROg6,' 411 : 9 S=ti ��a�inR�tl�e 7 Staff Planner r `�'� ! Jonathan Sanders 3"w°n N ayova m c MaGbuP Location 3808 & 3820 Virginia Beach Boulevard; 309 & a 1 . a v„,,,nos. \` 329 Birchwood Park Drive m — H Ti GPINs 111V, ti1v . `1 1487341324, 1487342381, 1487343369, ; 1487342560, 1487341778 \-- Umtata Way Site Size • south sou,evatd 4.82 acres II H,story ott't� s, AICUZ Less than 65 dB DNL Watershed Chesapeake Bay ven — Existing Land Use and Zoning District _ Office, day-care/0-2 Office Y ,_ Surrounding Land Uses and Zoning Districts North :,, 44,. . , �---- ' o t t Single-family dwellings/ R-7.5 Residential _, > c South • , [ ., ' Virginia Beach Boulevard s``1 _ 0 Vacant/ B-2 Community Business Qs ca East _ Single-family dwellings, office/ R-7.5 Virginia Beach Boulevard - ' -�—"- Residential, 0-2Office c ..-___,___ ----__ =.� West Nursing home, mixed retail/0-2 Office Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • The 4.82-acre site consists of five parcels with multiple office uses on the property.The applicant proposes to consolidate the parcels and redevelop the property with a 150-unit senior housing facility.As the housing will be age restricted to persons 62 years old or older,a Conditional Use Permit for Housing for Seniors and Disabled Persons is requested. • The proposed facility will feature one 210,000 square foot building surrounded by surface parking. Sixty-three one- bedroom units and 87 two-bedroom units are planned. • The submitted elevations depict a four-story structure with a height of 53 feet with a brick veneer and fiber cement siding exterior with premium vinyl lap siding accents. Metal railings are proposed for the balcony railings. • Proposed outdoor amenities include a grass courtyard and a garden. Proposed indoor amenities are a community room,fitness center, media room, library, business center, beauty salon, mail room, sunroom and screened porch. • The proposal will reduce the number of access points onto Virginia Beach Boulevard from four to one. Adequate parking is provided as the 186 parking spaces depicted on the plan exceed the minimum requirement of one parking space per unit,which is this case equates to 150 spaces. • The required 20-foot Category IV landscape buffer(consisting of evergreen trees or a mix of trees and shrubs) is depicted on the submitted landscape plan along the northern and eastern property lines adjacent to residentially- zoned properties. The street frontage and parking lot landscaping, also shown on the plan, appears to meet the City's Landscaping and Screening Guide standards. The landscaping and screening requirements will be reviewed in greater detail during final site plan review. � L., u u nn ((�� 1 F q��� `g ,$'' 1,anic' R-7.S 10 0 0 l❑ [1 C� -t.anpl Avenue - - -� doc::oEP ._ciE .0 "n-1 U1\ /\\ %kg/59 � 7 % Q _ Zoning History � �� ;� 'in—" # Request �v :11 1 CUP(Assembly Use)Approved 05/13/2014 �. CUP(Car Sales)Denied 02/08/1965 i �� �• fl;' 2 CUP(Convalescent Home)Approved 09/30/1963 q;,, 11 r i/73! 1 -- B-2 --- Virginia Beach Boulevard -- e I I I 12 Bs Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance STR—Short Term Rental Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 2 Evaluation & Recommendation The subject request for a Conditional Use Permit for the development of a 150-unit Senior Housing facility is, in Staffs view, consistent with the Comprehensive Plan's recommendations for the Rosemont Strategic Growth Area. The plan calls for a mix of uses along this corridor with four-story multi-family housing with some retail on this site. The site layout depicts a connected and cohesive layout that maximizes the use of the site with outdoor amenity spaces for the residents, a logical traffic flow and ample landscape screening of parking areas from adjacent residences and businesses. The submitted elevations depict an attractive building with high-quality exterior building materials that, in Staffs opinion,will enhance the Virginia Beach Boulevard corridor and Rosemont Strategic Growth Area. The proposed traffic generated for this use is less intensive than the potential build out of the 0-2 Office District site. The one ingress/egress is a reduction from four existing entrances,which will reduce turning conflicts along Virginia Beach Boulevard.The Fire Marshal's Office reviewed the plan and did not find an issue with apparatus vehicle and emergency access around the entire building. The request was presented to the Senior Housing Advisory Committee and no objections were raised. The Committee was positive that the use is appropriate for this location given its proximity to the adjacent senior care facility to the west; the walkability to nearby services including a pharmacy, at commercial centers to the east and west; and access to an existing bus stop to the west of the site along Virginia Beach Boulevard. At the Committee's meeting the applicant noted that there will be below market units and likely a component of rent restriction; however, the applicant explained at the Planning Commission public hearing that specific details regarding rents has not yet been determined. As a result of a meeting held with adjacent neighbors,the proposed building was relocated in order to place the bulk of the building's height and massing farther away from the residences. Based on the above, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Birchwood -Virginia Beach,VA, Conceptual Site Plan", prepared by Timmons Group, dated July 27, 2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "NEW AGE-RESTRICTED MULTI-FAMILY DEVELOPMENT,THE ARBORS AT BIRCHWOOD," prepared by Cox, Kliewer&Company, P.C., dated 7/23/2020,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Birchwood -Virginia Beach,VA,Conceptual Planting Plan", prepared by Timmons Group, dated July 27, 2020,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The Property,when developed, shall not exceed a total of 150 senior housing units restricted to age 62 and older. 5. The freestanding sign shall be monument style with a brick base, be no taller than eight(8)feet in height measured from the ground to the top of the sign. Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 3 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. 8. All light fixtures shall be shielded away from the adjacent residential uses to the north and east of the site. 9. The dumpster(s) shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as within the Rosemont Strategic Growth Area (SGA). The land use of this area is characterized by suburban strip commercial and multifamily residential uses along Virginia Beach Boulevard and generally surrounded by several established single-family neighborhoods. The vision for the Rosemont SGA is a mixed-use development with a neighborhood center and improved pedestrian and trail facilities,with a street and block structure created to accommodate development and mobility. With improved connectivity and mobility,the Rosemont SGA will transition from an auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities. This site is noted on the Land Use Plan in the Rosemont Strategic Growth Area Master Plan, adopted in 2011,for multi- family residential and retail uses on this site with up to four stories recommended and surface parking.The existing Lynn Shores retail buildings and adjacent uses are nearing the end of their lifespans.They should be redeveloped into multi- family and single use retail buildings. Parking should be provided in the rear of lots,with adequate naturalized stormwater facilities. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 34,000 ADT' 74,000 ADT (LOS 4"D") Existing Land Use 2-1,587 ADT Proposed Land Use 3—555 ADT 'Average Daily Trips 2as defined by 4.8 acres of 0-2 3 based on 150-unit independent 4 LOS=Level of Service Zoning senior living center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane divided urban major arterial. It is shown on the MTP map as a divided roadway in a 120-foot right-of-way. There are no roadway CIP projects in the vicinity. Public Utility Impacts Water The site must connect to City water. There is an existing six-inch City water main encroaching through this development within a 15-foot Public Utility easement. There is an existing six-inch City water main along Virginia Beach Boulevard. There are existing 42-, 20-and 16-inch City water transmission mains along Virginia Beach Boulevard. Sewer The site must connect to the City sanitary sewer. There is an existing eight-inch private sanitary sewer gravity line, a private pump station and force main that serves this property. The three-inch private force main connect to a gravity manhole located in Caren Drive. There is an existing 24-inch HRSD force main along Virginia Beach Boulevard. Public Outreach Information Planning Commission • The applicant reported that they met with six surrounding property owners on July 20, 2020 and they had concerns with the building height and traffic generated. The building has been flipped on the site to reduce the massing and height of the building closest to the residentially zoned dwellings along Caren Drive. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 30, 2020 and September 6, 2020. Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 6 Proposed Site Layout ------ — ---- ------ --- SITE DATA: - ♦.` AM _ AVENUE • 4 TOTAL AREA: 4.82+/-AC — -� - T' ZONED: 0-2 s +L':. r •_ PROPOSED ZONE: 0-2 I I i I (SENIOR HOUSING) ji I (- I I , i " • . TOTAL UNITS: 150 7 rsEL'''' iir•GCS eAci, A I CAT,LAlDS A,, FER • I 4 I TOTAL PARKING REQUIRED: 150 •,* -1 SPACE/UNIT 1F* • ''. - "'_. # TOTAL PARKING PROVIDED: 186 '' s� .- _ ,. f-�_ ( •-- BIKE PARKING SPACES REQUIRED: 8 ?{ �� 5/FIRST 25 PRKNG SPCS ,. a- -1/EVERY ADDTL 50 SPCS ti •- BIKE PARKING SPACES PROVIDED: 8 i -4. MAX LOT COVERAGE: 25% 1 ..or ` 'i?lii . PROPOSED: 24% : ``% ;p � (BLDG 50,000 SF/209,960+/-SF) at • Pli --L• - MAX BLDG HEIGHT: 75 FT LANDSCAPE BUFFERS: ` ;x -10 FT STREETSCAPE BUFFER f. " r 1 i -20 FT CATEGORY IV BUFFER ALONG EAST SIDE OF PROPERTY -20 FT CATEGORY IV BUFFER ALONG NORTH PROPERTY LINE 1 .„.:?) . l •,\.\ %\ .•_. ' , . _ . ) ..- •'- .. 1-13 . 1 l [i 4T I. L.'NDSI APE k � ii$$ y z ` I 1 I a' I ' III "l - --� .-., -.> , � - • NO I 't - .,:-.: .. I I lq ) 4 r. f % }� 1 • ' - 0,115 r . s s. , 1 J ---«<CCC '. - .0 gir.,': --..:4 P1 I' lift BIRCHWOOD - VIRGINIA BEACH,VA ( f-i •• e• Conceptual Site Plan-July 27.2020 \J 1„ JOHNSTON TIMMONS GROUP Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 7 Proposed Landscape Plan "�'---"—'--'-- , ---" t,,...--•:"ems'----- — VA BEACH LANDSCAPE REnUIREMEMS AMP AVEIVTUE tI" NGLP ROES CLI�.RRIMS zM(l soueFD - - %Ala J •^ARWWNG LDT RITEMM(.CiVERA(iF REOJIRED: Sb1D SF 30 Sr A 167 PARRNG SPICES: ��_— t—�. "_'" _—__—__—_.4s I PANG LOT INTERIOR COVERAGE PROVIDED. 7.SDD 5F r I�3 I ••—•"--F ...AMONG LOT NTFih7R THEE OIIMT:TV REQUIRED 'SI'RFE� 1 • -. 4; i S.61DSF COVERAGE REO/ISO SF RANTED AREA: _ . I -'ARRING LOT INTERIOR THEE OWNTT•PROADER 111 I &.. !'A �': CONCEPT PLANT SCEDULE o�Tr LDn�sE e I I 'Al' t _ ,G . t ,.- INTEPoORFARDNG 1REE5 SWGES1ED SPECES ( * I tP°� \ OLIERCUS PHEl105-W� TW OAR ?p., j OIIFRCU55HJMARDII l EAF LINDREDO/uc t ti _.._ s -YtV 4P ' S/`I \`_/l TLIACORO1.TA-IRT�.ELEAF LINDEN ,- i! - r T • SPADE TREES-SUGGESTED SPECIES -,,,, - • :T { TLACORDATA UTT�ELEAFUNDEN -- C , RFTUU.NICaw-RIMER 9IRCN TRRNST NYSSA SY:YAT CA RAC(GJI - I' i STREET TREES SUGGESTED SPKIES 1IF.I PIATANLS.ACERFOA-LI1NPEC PLANF'acr ` LELID PARVIFOUA ALLEE-S IRMA DAMRAR STYRAAIFIUA-PATETGJM FLOWERING TREES-SUGGESTED$PEdES Ill z ( AIR IAGERSTROEMIA CRAPE MYRTLE %i ' _._.. }, rs C-RC15(ANAD•NS S FASTER.RFOD:D ,- ,____ I M^EIANCHIER CANA}NS!S SE ECEBERP.Y ;� !t S-,a.l • `i� FOUNDATION ONSHRUBSDiFLORA (,�ESTED SPECIES ARENA e R i SVVA•••• O WUSTRDIA SUWAOEE RIVER PR'VET ' 4 �` , I- ILEX NE%CORIiLTA-CARISSA HOLY -e. I ! DUMPSTER SCREENING•SJGGiESTED SPECIES MYRIGA CERIFERA WAx MYRTLE I— _ — - ..,s ® LE%CORPM,TA.DWARF BLXiFORD HOLLY r _ CAMELJA SASANOuA CAMELLIA SPECIES •( NOTE PLANT MATERIAL LISTED ABS SUGGESTED AND I • a r.,+ MAY ER AL-ERED AT So-E MAN StIRMIRa D:1F a1 1s+� •JIB+ .- e . TO DELGN AVAILABILITY I I IN C O'P ('RI IFfi'cA= i i _- ���tfE tk P.LANDS • !4 10 A s 1,, ! 1 E - -P -r-------i i •— il•k �.•e Ail III 111 -'-4` • ! � It. r F L J4, A. • r � t 1 • b a':\ _` i I •.f to 4i* �a1y3w - I IL 11_ - 1 N BIRCHWOOD - VIRGINIABEACH,VA ;-(1\' •ff�e�• Conceptual Planting Plan-July 27 2020 JOHNSTON TIMMONS GROUP Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 8 Proposed Lighting Plan , r `.. mono l\—." --_---. —.------..---- --- >aRs - `.---------- CONCEPT LIGHTING LEGEND AMPAV E( U E. .fl POLE MOUNTED NCiURE MOUNTED FIXTURE - � t 'l� POMOUNTED -- b DJ WALL MN FIXTURE XTURE � - 'I ( .p WALL MOUNTED FIXTURE -- '; n7 I � 1 r I { t T'I _--_—.--ial �I 4 I PW I I 1 �, 61( i;` � • + ' '' _ t I �y�� u { _ t i. ,. . , 1 I i D 1 .y ! I -i. f . an. Sit .' • l /•t iiii- I/J i P J 1 i Q 4, (r t _. A i ... ~~'d1RGINIA - ---- ' - BEACH BOULEVARD' N BIRCHWOOD -VIRGINIA BEACH,VA (11), •'..I. Conceptual Lighting Plan-July 27.2020 " JONNSTON TIMMONS GROUP Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 9 Proposed Elevations I rN, IO2 a IMP 1112 n. J - IF':: .ate "-T.:A� 'J1• 7 2 sR ° = - If1 R II■ 0 wIE!!J _ - - I -?... • "t I =II : : . rr Z=C., .I ;miff:: - is C - .M I it Nr -,-. _ .. I-E '�: > '.'�'''sue ;ICI 11 '■_: _, NW I0 111 , cc' _ Milli ACC:. NE=INI -i- i-�_- /1 i1 i__ _ - ..ri .. L i .L.IaJ _ - ®non .-E _ nose F , ,El a oY1 1.1 P"- -r.:- S I-- I.EN 1 c ��.� > —� > w _ ,, ---�— a) . o a .. Lu Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 10 Elevation Detail 4 ii ::o- - I ti111111 �1 Et t :.G ..Gi .r B I IIIII i MMI NM . i ' 'I NI"II V L. 3 - :::. 3 S1i11:0i an � —�— � lirj N ® ■. # O C .0) C 2+ O 1 z... • : ." 0 41 . p Sa),_ f LT, O ' O {I jI_ rV zt� JI.: OIi 3 O O A Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 11 Site Photos . i , . --:.t.v.V., -Ns.,,,..-17-:.-,,, ...,...,'--t,-,.' ...,....-_-_,tir--.....-.4'-c--,--:. _,,..-7.. Atexior.N....",„ tti ' -._ -,24.A-4...--4,f :,,',,,,,,,,i, .4 „ipt.--_, -,,_ do , ./7...-_---....wtir,,,.1 . 1... kt r .a 3V • , - .• . „iii ---,,,,„„----_______---- - .3- -,,,-: - ____,--_-_,,_„-:-__ ,.,==ca. ,, , __ , L Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 12 Site Photos �- 4 �s �` - /I ' : l" a ' v ` -.-,. • "'r !stiEi1twf4seras s#s xs .is%ts\.:„.,1.1%\-lor't ili.li.iriA:!..i;oliiii..t.::ii..114:.ui';',.: • - , �R, r;..„,, -- -A-...-.,-", , ... ..,..„,: :,i;, ., 1,1, ..,.. {{1 J - ' . I + 1 - Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 13 Disclosure Statement Virginia Beach APPLICANT'S NAME Franklin Johnston Group Management&Development,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Bo_ ard) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board t. ._ 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disciusures niu..,t he update too t1j weeks p:iot to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicatio nisi. APPLICANT NOTIFIED OF HEARING DATE Er--- NO CHANGES AS OF DATE g3l-Lp (,JQ,V W.L.r4NINF te. REVISIONS SUBMITTED DATE ROL S.5„t4Jbf Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 14 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. UCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Franklin Johnston Group Management Development LLC If an LLC, list all member's names: Please see attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotes/ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Birchwood Associates, LLC If an LLC, list the member's names:Please see attached. Page 2 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 15 Disclosure Statement N/B Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship'' means "a relationship, other than p" parent subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 16 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) nX Accounting and/or preparer of your tax return I 1 LiArchitect/Landscape Architect/ Cox,Kliewer&Company,P.C. u Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser — and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property — (identify purchaser(s)and purchaser's service providers) X Construction Contractors XEngineers/Surveyors/Agents Timmons Group, Inc. Financing(include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Troutman Sanders LLP Real Estate Brokers/ ❑ X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have x an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 17 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1t_/f,., ,2I.zm1.2a..;?c APPLIc 'S SIGNATURE PRINT NAME DATE I Page 5 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 18 Disclosure Statement NiB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) I J Accounting and/or preparer of J your tax return O U Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Xthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Ca Construction Contractors • ix Engineers/Surveyors/Agents Financing (include current n C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z Legal Services Faggert&Frieden,PC Real Estate Brokers/ Consulting Agreement with: Virginia ® C Agents/Realtors for current and Sancilio Cross anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 19 Disclosure Statement Uiy y` Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. SEE ATTACHED 2/25/20 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 5 Page 20 Disclosure Statement PROPERTY OWNER DISCLOSURE ATTACHMENT Owner: Birchwood Associates,I.LC Manager: Larry Michael Sancilio Members: Sandi Associates,L.L.C., Manager: Larry Michael Sancilio Members: Dolores Whitley,Larry M.Sancilio,Anthony J.Sancilio, John J.Sancilio,Virginia S.Cross,Rosemarie L.Sykes, Debbie Nonni and Vision,Inc. [Larry Michael Sancilio, President,Treasurer&Director;Brian K.Wilson,Vice President;Anthony J.Sancilio,Vice President and Secretary] The Willis Family Limited Partnership,LLP General Partner: Earlco LLC[John T.Midgett,Manager] The K.K.Wallace,Jr.,M.D.Family Trust under Trust Agreement dated March 31,2017[John M.Wallace and Dorothy Patricia Wallace, Trustees] Harry R.Dudley&Audrey D.Dudley Family Trust under Amended and Restated Declaration of Trust dated November 28, 1994 [Audrey Doughty Dudley,Trustee,and Roy Allan Dudley,Successor Co-Trustee] OWNER: BIRCHWOOD ASSOCIATES,LLC a Virginia limited liability company By: Larry Michael Sancilio,Manager Date: February AS-2020 SAClienuU0826\002\Rczonin8\Property Owner Disclosure Attachmentdocx Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 21 Disclosure Statement • Conditional Use Permit Application of Franklin Johnston Group Mana¢ement&Development,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers,directors,members, trustees,partners,etc.,below: 1. Applicant's Name:Franklin Johnston Group Management&Development,LLC 2. Managers of Franklin Johnston Group Management&Development,LLC: a. Wendell C.Franklin b. W.Taylor Franklin c. Thomas M.Johnston 3. Members of Franklin Johnston Group Management&Development,LLC: a. Beach One,LLC b. Stephen W.Cooper c. Johnston Family Group,LLC d. Chris McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. F&J Developers,LLC b. Shorehaven Developers,LLC c. Pickett Farms Developers,LLC d. GreenPlain Properties,LLC e. Aquia Apts.,LLC f. Aquia GP,LLC g. Aquia Developers,LLC h. Kellingwood Apartments,LLC i. Franklin Johnston Associates,LLC j. Southern Pine One,LLC k. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts.LP q. BelleHarbour GP,LLC r. Fountain Park Apts LP s. Fountain Park GP,LLC t. South Riding II LP u. South Riding II GP,LLC v. SLN 5100 LP w. SLN 5100 GP,LLC x. Heritage Forrest II GP,LLC y. I Square Apartments[.P z. I Square Apts.,LP aa. Edward Street LLC 41482048v2 243538.000076 Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 22 Disclosure Statement bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,I..,C ee. Pickett Farms Apts LP ff. Pickett Farms GP,LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP ji. Sborehaven GP,LLC kk. Southwind Apts LP II. Southwind GP,LLC mm. Spring Water,LLC nn. Summerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC rr. TFJG Price Street Apts.I,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts.GP I,LLC vv. Renaissance Apts.GP II,LLC ww. Renaissance Apts.HI,LLC xx. Renaissance I Developers,LLC yy. Renaissance II Developers,LLC zz. Renaissance Apts.I,L.P. aaa. Renaissance Apts.II,L.P. bbb. TFJG Wesleyan Holdings,I.LC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC eee. TFJG Price Street Apts.II,LP fif. TFJG Price Street GP II,LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II,LP iii. Clairmont Associates I GP,LLC jjj. Clairmont Associates GP II,LLC kick. Franklin Asset Management Ill. Curlew Apts.I.,LP mmm. Curlew Apts.GP I,LLC nnn. Summerland Heights II,LP 000. Summerland Heights II GP,LLC 41482048%2243538.000076 Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 23 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Franklin Johnston Group Management& Development, LLC Agenda Item 5 Page 24 Item # 5. Franklin Johnston Group Management& Development, LLC [Applicant] Birchwood Associates [Owner] Conditional Use Permit (Housing for Seniors and Disabled Persons) 3808 & 3820 Virginia Beach Boulevard, 309 & 329 Birchwood Park Drive August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Madam Chair, we have eight items on today's Regular Agenda. The first item on today's Regular Agenda is agenda item number five. The application of Franklin Johnston Group Management and Development, LLC, this is for a Conditional Use Permit for Housing for Seniors and Disabled Persons. The applicants representative is Rob Beaman. Mr. Beaman you have up to 10 minutes, please start by stating your name for the record. Thank you. Mr. Beaman: Thank you Madam Chair, Mr. Vice Chair, and Members of the Commission for the record, my name is Rob Beaman and I am a local land use attorney with the Troutman Pepper Law Firm here down behalf the applicant Franklin Johnston Group. We certainly appreciate Jonathan's presentation in the informal session this morning and appreciate originally being placed on the Consent Agenda. We do understand that after the informal meeting or during the informal meeting there was a question raised regarding whether or not the project will have a affordable component. We do want to let you all know that Franklin Johnston Group is strongly considering having an affordable component to this. They certainly done a number of affordable deals, but at this point they are unable at this early stage in the project to commit to any sort of percentage of affordable units. And with that, Taylor Franklin, James Noel from Franklin Johnston Group and myself are here to answer any questions anybody has. Ms. Oliver: Great, thank you very much. Mr. Beaman: Thank you. Ms. Oliver: Anybody have any questions? No, okay. Thank you. Mr. Landfair: Madam Chair. The next item on the agenda. Ms. Oliver: Hold on Bill. Hold on we have got brake on it. 1 Mr. Landfair: My apology. Ms. Oliver: All right, I am going to close this session to the public and open it up for the Commissioners. Yes, Mr. Redmond. Mr. Redmond: Madam Chairwoman, I move approval of the application. Ms. Oliver: Okay. Do I have a second? Mr. Graham: I second. Ms. Oliver: Great, thank you. Marchelle you call for the vote please. Ms. Coleman: Sure.If you are in favor of the motion say, yes and if you are oppose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against agenda item five has been hereby recommended for approval by the Planning Commission. 2 Ms. Oliver: Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Birchwood -Virginia Beach, VA, Conceptual Site Plan", prepared by Timmons Group, dated July 27, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "NEW AGE-RESTRICTED MULTI-FAMILY DEVELOPMENT, THE ARBORS AT BIRCHWOOD," prepared by Cox, Kliewer & Company, P.C., dated 7/23/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Birchwood - Virginia Beach, VA, Conceptual Planting Plan", prepared by Timmons Group, dated July 27, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The Property, when developed, shall not exceed a total of 150 senior housing units restricted to age 62 and older. 3 5. The freestanding sign shall be monument style with a brick base, be no taller than eight (8) feet in height measured from the ground to the top of the sign. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. 8. All light fixtures shall be shielded away from the adjacent residential uses to the north and east of the site. 9. The dumpster(s) shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. 4 Sto•.�n Drive am I 11 ,,,,'Fern,,.--n ,,-c .-....m,-- Mill I all ' i LIE ism.I , , ■ - ; r .i i /i Q I �_ Y Mil- I- ....., ni !i a PD=H 1 PD-H1 I A-12 ti; . .--- ----I""NIII....'''..-----ti / . I________ ow in. ___. int-4-11, .1 ., armo 1.1. , .. , , ., 111 riM Site N Pham Vo, LLC W,�1- E Property_PolygonsNV/. Zoning 5120 Settlers Park Drive s L Parking Lot Drive Aisle 1 Building I i • Feet 4034 i • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PHAM VO, LLC [Applicant] HIEN PHAM AND CUONG VO [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 5120 Settlers Park Drive (GPIN 1465748683). COUNCIL DISTRICT—CENTERVILLE MEETING DATE: September 15, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 2,100 square-foot parcel on property zoned PD-H1 Planned Development (Indian Lakes Land Use Plan). This site is located within the subdivision of Colony Point, which is a townhome community included in the 1971 City Council approved Indian Lakes Land Use Plan. Colony Point was platted in 1983/84 and includes 238 townhome sites. The lot consists of one, two-bedroom townhome style dwelling. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on- site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of this writing, the applicant's representative agreed with City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The surrounding area includes a mixture of townhomes, single-family homes, and apartments and is in an area where Short Term Rentals are not typically located as depicted on the vicinity map. The subject address is within a row of seven townhomes. The existing driveway is large enough to accommodate the two required off-street parking spaces. Therefore, the parking requirement found in Section 241.2(1) of the City Zoning Ordinance is met. Furthermore, the remaining requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant; however, the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Additional details pertaining to this application are provided in the attached Staff report. There is no known opposition to this request. Pham Vo, LLC Page 2 of 3 • Recommendations: On August 12, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 5120 Settlers Park Drive, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Pham Vo, LLC Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant: Pham Vo, LLC.NIB Agenda Item Property Owners: Hien Pham and Cuong Vo Public Hearing: August 12, 2020 City Council Election District: Centerville 9 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Fen ell P ar$,W1 Approval NaWatha s 444 Staff Planner ' ' x ,» 6 William Miller ,,�� _ __ Al d� , 8w.� i Location ,�•% " 4. a ��/'yc` * -� 5120 Settlers Park Drive e ` a 17 1a- _ ? , /s p �0 t_&? x J "I ye PaMV,o 5 t_ ha ^ G P I N o 1..y t.o �`"ad 1465748683 �• M to °` '; Goad Site Size wd,,o d`"` ! :00,o 2,100 square feet °'s,,`'� ', bia. 3? c• bna-0avi Existing Land Use and Zoning District se \ Townhouse dwelling/ PD-H1 Planned Unit Development (Indian Lakes Land Use Plan) Surrounding Land Uses and Zoning Districts , ,.,�a, , , , , ,.- North • (do_ :.�; ,0i �Lc"L '` 0, . Townhome dwellings/ PD-H1 Planned Unit �_�t �,� :a Development (Indian Lakes Land Use Plan) "'�` \ L `� � � �, South '} , ' i "i .: S ck Drive C'. Townhome dwellings/ PD-H1 Planned Unit 01 .•a 4j _yam -fit, D::b01Dmet n (Indian Lakes Land Use Plan) 1 ,. +•• '�`, .mil; ; ' , ; " 'e 4�-� Greenbelt and Canal 4; Semi-detached dwellings/A-12 Apartment i West _ �N� , �_ ,d la Settlers Park Drive 'a _ Townhome dwellings/ PD-H1 Planned Unit '-. , i‘ - - i.7- "efe, Development (Indian Lakes Land Use Plan) i.kissi `; r '� I Pham Vo, LLC. Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,100 square-foot lot is located within the PD-H1 Planned Development District (Indian Lakes Land Use Plan) and contains one townhome dwelling. There are seven townhomes on this row. • According to City records, this townhome was constructed in 1986. • Staff inspected the site on June 17, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street; however, on street parking is extremely limited in this block due to the volume and compression of existing driveway aprons. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity ,/ : C, 1„u11 ion tIItU KL-v v Ea.1•r' a . C &Pi 2,t , , hw;.-0.IL cow z • - `,"i ile ' ~gala *� 11 1Pi < „ NM.0. .,.Ymi ailtAtly Ivo e • .4.\ 40—wmi : kirk ,,..):,-. _ 4fr• 4'444,_* 4 VA -'t. Ime ,i .1A. •i "1._= Alt, - 0 --_- - A** -zik- / 414:0r, Ams____kt 111 Ata, ' # ith& ' Pwt ..-W a Imo 111pw' I sui k sW401 MFR., :-.1 , nn aD .,,Z0,2, 111 iParnnf►���o BNMMMNU1P II isulirkIN\ Ti ant r y a STATUS ', ` ,1610'` O Approved tt • Dented \'' g Q Under Review Q Registered Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 as recommended in condition #15 Pham Vo, LLC. Agenda Item 9 Page 2 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 L 7 C� • - Stockton OrivolCi T - - r- -i - [ Zoning History a A-12'' # Request 1 REZ(RS-3 to P.U.D.)Approved 09/20/1971 3%1 4 4- 4e Vd Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP-Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation & Recommendation This site is located within the subdivision of Colony Point, which is a townhome community included in the 1971 City Council approved Indian Lakes Land Use Plan. Colony Point was platted in 1983/84 and includes 238 townhome sites. The perimeter of the neighborhood consists of open-space and drainage canals to the north and east, with Indian River Road abutting the remaining boundaries of the community. The surrounding area includes a mixture of townhomes, single-family homes, and apartments. The subject address sits within a row of seven other townhomes and contains two bedrooms. The existing driveway is large enough to accommodate two off-street parking spaces entirely within the borders of the applicant's private property. Thus, the parking requirement found in Section 241.2(1) of the City Zoning Ordinance is met. Furthermore, staff believes that the remaining requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant. The recommended conditions reflect City Council's most recent Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 5120 Settlers Park Drive, and the Short Term Rental use shall only occur in the principal structure. Pham Vo, LLC. Agenda Item 9 Page 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two 2) individuals per bedroom. Pham Vo, LLC. Agenda Item 9 Paee 4 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 30, 2020, and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Pham Vo, LLC. Agenda Item 9 Page 5 Site Layout & Parking Plan GREENBELT '1<-20' 9' x 18' parking space x x 0.00' 4 :..:. Concrete x x 3.5' WOOD FENCE : x LOT 74 _.---6' WOOD x FENCE O ^, • . d x O 0 7.6' 7.9�� 0 COMMON WALL - - 2 STORY COMMON WALL LOT 73 BRK & FRM�i0 LOT 75 2 i -7,4 10 1 1842 , 8' Concrete stormwater 32'. runoff gutter i,. ..... :• .63--s.o-S :-o-u r.t-iy:.:-M•r;•z-r:•:a•- ;. -11 Edge of asphalt SETTLERS PARK DRIVE (50' R/W) Pham Vo, LLC. Agenda Item 9 Page 6 Site Photos • z wig 1 9� 4 - Zip �'+t, .-i'. �` AN:. 5120 Settlers Park Drive illii Pham Vo, LLC. Agenda Item 9 Paee 7 Site Photos . � a �r - = {y ♦� - noK� - WI II Affao11 - + • -41111, .61 r F3 Pham Vo, LLC. Agenda Item 9 Paee 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Pham Vo, LLC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for — (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ --- Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) _ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY%All disclosures must be updated two(2)weeks prior to any Page I of 7 Planning Commission and City Council meeting that pertains to the application(s). Q APPLICANT NOTIFIED OF HEARING DATE: 108-14-2020i ❑ NO CHANGES AS OF DATE: 09-01-2020 REVISIONS SUBMITTED DATE WW.Axt.vw Miller-09.01.2020 Pham Vo, LLC. Agenda Item 9 Page 9 Disclosure Statement (vv., Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. riCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__2h(ti4f: ) LL__ If an LLC, list all member's names: 11' F rJ Ph0 rr : C oon5 kiC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. © Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: r1Ct I'Y) C _ o If an LLC, list the member's names: Page 2 of 7 Pham Vo, LLC. Agenda Item 9 Paee 10 Disclosure Statement .1,k/B Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Pham Vo, LLC. Agenda Item 9 PaEe 11 Disclosure Statement APPLICANT via Beach YES NO SERVICE PROVIDER(use additional sheets if i needed) Li ® Accounting and/or preparer of your tax return ❑ E Architect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than i the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors _ �� ix 0 Engineers/Surveyors/Agents Ward M. Holmes Financing(include current No MC cJQ`jC.. 0 E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers/ ® Agents/Realtors for current and I anticipated future sales of the subject property •SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 5 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Pham Vo, LLC. Agenda Item 9 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. I 11 understand that, upon receipt of notification that the application has been !scheduled for public hearing, I am responsible for updating the information . provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this pplication. _ A CANT'S SIGNATURE PRINT NAME ( I—\� L�u DATE I Page 5 of 7 Pham Vo, LLC. Agenda Item 9 Page 13 Disclosure Statement OWNER 'Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets If l_ needed) El ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(t other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors Engineers/Surveyors/Agents Ward M. Holmes Financing(include current N,.; )pdga . ❑ mortgage holders and lenders J selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers/ El Agents/Realtors for current and anticipated future sales of the subject ro erty • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Pham Vo, LLC. Agenda Item 9 Paee 14 Disclosure Statement Virginia Beach CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 1Application. P RTY OWNER'S SIGNATU PRINT NAME DATE Page 7 of 7 Pham Vo, LLC. Agenda Item 9 Paee 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Pham Vo, LLC. Agenda Item 9 Pane 16 STR VICINITY MAP PHAM VO, LLC. - 5120 SETTLERS PARK DRIVE S'i m! Ili!I,N i) , El 0,Aff'1,19- -, Nri6---k it ,/>\,,\\\ . \, j: 0•.-a..:i. ; ,,-,.=_--_-.- ,i, Xi_i .-.• TTU7TT7/1T1u7 , , .44 ....::....--, 1 I. I I I '." _ Y 11ll T � ill �` 1 Viiiii. _ I. .• �Trn tiTtltl, We � '� -�) L ''' \ • ' .- ci. ---E:-..-13 7*-"e ,..... f70 f' /.:" 0 ` rims .?'., ► _.. .3) . _ � t,,,luJ,u, lib -vi, it' -,Zg /\\‘' 1, . „_-. . . . .4ittkAp -_, "ra -AT 1 . . _ ,. , it „ - Lt.... .,•,.. . ti i 1 >4.0 • 4,107 .- .1?),.. st i . it4r,_ •-6 , 4N1 . -- .4.0 1111*/ � AI�� 4 \sd) MI _ fit 1 ,,I/ L nnfiaven__.L. amiv_a, .__.\\7_,,.,,,, ,, f . 1 I I '. `.F17--Ti 1, ' '....L.„_., ,\..\--\--r\y„ .,...7,1: T=I____"; -"?....r 7T-- ------- - .--Y--- '41>. ___ ____---------,t IT STATUS t�, }Q.t. T Approved r► -\ M 1. Denied t-�- - }�� 0 �1 ! ram= ' Under Review �g ; �� O Registered �.` T`r, rT _ ` Items # 9. Pham Vo, LLC [Applicant] Hien Pham, Cuong Vo [Owner] Conditional Use Permit (Short Term Rental) 5120 Settlers Park Drive August 12, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the consent agenda and Commissioner Wiener is going to handle it. Mr. Weiner: Thank you, Madam Chair. The next order of business is Consent Agenda, there are applications that are recommended for approval by Staff and the Planning Commission concurred and there are no speakers signed up in opposition. The Planning Commission placed the following applications on the Consent Agenda, items 1 , 2, 3, 4, 9, 10, 11, and 13. Let me backup a minute. Planning Commission also places the following applications for the conditional use permit for short-term rentals on the Consent Agenda as they meet the applicable requirements of Section 241 .2 zoning ordinance. Staff and Planning Commission support the application and there are no known speakers signed up to comment, which are items 9, 10, 11, and 13. Is there anyone here in opposition of these items? Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1, 2, 3, 4, 9, 10, 11, and 13? Okay, I move the following items to be approved in the Consent Agenda, 1, 2, 3, 4, 9, 10, 11 , and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond: Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote please Marchelle. Ms. Coleman: Sure. If you are in favor of the motion say, yes and if your appose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes, Ms. Coleman: Mr. Graham. Mr. Graham: Yes. 1 Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. lnman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against, the following items 1, 2, 3, 4, 9, 10, 11, and 13 have been approved by consent. If you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date. So that others may enter the chamber, please exit via the side door. If you are watching virtually, you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda. Bill Landfair will introduce the first application. Mr. Tajan: Madam Chair, just before Bill begins with the Regular Agenda. I do want to note for the record that Mr. Wall, Mr. Coston, and Mr. Barnes are not present in the meeting due to personal things they need to attend to. 2 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 5120 Settlers Park Drive, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) 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 3 be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1 ,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two 2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 4 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 11111111111111 \ A �, / 0 'N „ N / N 0/ / -- /4P < / ell N - 0 '' N2 ' ��� iI� R/ N _5,p, \ ,i°° Its / go /4 NS. Y co A NN 7 Q , Q0 / N‘ / / J 46 14 rN- , , N / 0 . R_5D I/ • , O ,, 4 - ,N e n 1 0 * - ,,.,,-- N ♦i ce '' 4. ,. WA Site N The Good Manor Group, LLC I . Property_Polygons �'`v E Zoning 1721 Rueger Street S Parking Lot Drive Aisle Building m=== =mmi==3Feet 012.M5 50 75 100 125 150 c1 (Z � s s�{ � CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THE GOOD MANOR GROUP, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1721 Rueger Street (GPIN 1455858668). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: September 15, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a semi-detached dwelling built in 1979 within the Brandon neighborhood. The four- bedroom home requires four off-street parking spaces per Short Term Rental requirements. In March 2019, a permit was issued for a driveway expansion; however, the permit did not include modifications to the apron of the driveway, that extended all the way to the curb with no curb cut. As a result, the Building Inspector failed the final inspection. In June 2020, the applicant obtained a permit to widen the apron of the driveway to 20 feet, thereby rectifying this error and bringing the driveway into compliance. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The Brandon neighborhood is developed with a mix of single-family attached and detached homes and is located in an area where Short Term Rentals are not typically located as shown in the vicinity map. The residence has two of the required four parking spaces located completely on-site. Two of the parking spaces are slightly within the right-of-way but not within the street pavement. As the encroachment into the right-of-way does not block or impede pedestrian or vehicular flow, the Zoning Administrator deemed the parking plan acceptable. As an aside, on-street parking is permitted throughout the neighborhood 24 hours per day, seven days a week to accommodate any overflow parking. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Staff has received 3 letters of support for this request. The Good Manor Group, LLC Page 2 of 4 • Recommendation: On August 12, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 1721 Rueger Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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 The Good Manor Group, LLC Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11 . No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. The Good Manor Group, LLC Page 4 of 4 Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner:The Good Manor Group, LLC Agenda Item Public Hearing:August 12, 2020 City Council Election District: KerrlpsVitle 13 1 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner • Kevin Hershberger N ir Location * Ikr* 1721 Rueger Street trterlitt GPINAyr 1455858668 Site Size 5,159 square feet ' Existing Land Use and Zoning District Semi-detached dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North Brandon Middle School/ R-5D Residential f s= South •;; � �".,, � Rueger Street * -r.- 1 • Semi-detached dwellings/R-5D Residential = if,` East , . r , . Single-family dwellings/ R-5D Residential ` '� • West *k 4• 7' • ` - `/v i Single-family dwellings/R-5D Residential A leiAN.:tF..` A,rr , ' 2 4:x E iliVti1/4"::5, ZCN 'e( P "-. 0'If !,S114:011b, 4 '4' i - . . S ': '-.AI% The Good Manor Group, LLC Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • The property is approximately 5,159 square-feet and is zoned R5-D Residential. • The site is developed with a semi-detached dwelling. • According to City records the dwelling was built in 1979. • Staff inspected the site on February 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; therefore, any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity 11It N4, 0 kt ,,,, I 4 4. s, ' �411% eh a 1, 1 t_L /* 7-44,4N * Atli* * r "\. - ,>, ->.-*•• ,- il 4 ‘.4WE j_L STATi1S 1** �►gligt ,,_ \\ Aa• 4- ik x 44 6 &*44011 • • APPrwed — (.< 4ftlik -- • Den ted • Under Review \� Q Registered \''..,,,,,..N.,,,,, �.'t�/ •... T1.1 15-\ ICC\ 6 <,, Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four-bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 The Good Manor Group, LLC Agenda Item 13 Page 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom—note: see condition#15 recommending 2 per bedroom): 12 (8 per condition#15) • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided on-site: 4 s ! / • R'.,y���, S l� O ` t" ` No Zoning History to Report d its. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The site is located in the Brandon neighborhood, which contains a mix of single-family and semi-detached dwellings. This is an area of the City where Short Term Rental use is not common. In March, 2019, a permit was pulled to expand the driveway; however, the permit did not include modifications to the apron of the driveway. As a result, the City Building Inspector failed the final inspection because the driveway extended all the way to the curb with no curb cut. In June 2020, the applicant obtained a permit to widen the apron of the driveway to 20-feet and brought the driveway into compliance.The applicant now wishes to move forward with this request.Two of the required four parking spaces are located completely on-site.Two of the parking spaces are off the street; however, located a few feet into the right of way. As the encroachment into the right-of-way does not block pedestrian or vehicular traffic, the Zoning Administrator determined the parking plan acceptable. Staff believes all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rental use can be reasonably met.The proposed conditions reflect the conditions most recently imposed on Short Term Rentals by the City Council which reduce the number of bookings in a seven day period to one and limits the calculation of number of overnight guests to two per bedroom. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. The Good Manor Group, LLC Agenda Item 13 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1721 Rueger St. 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) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contracts during any consecutive seven (7)day period. The Good Manor Group, LLC Agenda Item 13 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 30, 2020, and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. The Good Manor Group, LLC Agenda Item 13 Page 5 Site Layout & Parking Plan I _tF ) N36°39' ti1 "t tF ) _# f v f, — N1 O N LOT 11 .7 S 1 it"A o 5001 SQ. FT . 4 ( S) 1 .:. .. ,• . . . . .. N. c _, . - L. , a, �N ; = Semi- .•• fr1 (f Lr, .• --. detached . ' i:;--- .._...„5,11„ dwelling i ......_.... ..... W.:. -aN <1 "'" . 1.. •. r� ' 0' ni M 4 NCE surface ~, parking (F) ; . 78 i spaces 1. - s36 39 ' 41"•., . e Rueger Street The Good Manor Group, LLC Agenda Item 13 Page 6 Site Photos _ A.. ovi gm,rHze f I 1 '11 NM • . ...- -- -. '--... .� .,ram'• - m mm F - The Good Manor Group, LLC Agenda Item 13 Page 7 Disclosure Statement \hri3 Virginia Reach APPLICANT'S NAME GOOD MANOR GROUP, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property [—Disposition of City Modification of by City _ I Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special ' Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness Street Closure 1(Historic Review Board) Franchise Agreement Chesapeake Bay i Preservation Area Lease of City Property Subdivision Variance Board — Conditional Use Permit 1 License Agreement Wetlands Board J 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Fop(T Y USE ONLY%n!i LICAI;as,J1r.rru Page 1 of 7 ;.cn 117i:;_IG,'.,;+1CJ LIly Lox,. :tl--' _..._. 0 APPLICANT NOTIFIED OF HEARIN: { 09/03/2020-Summer Peebles El NO CHANCES.AS of J - 09/03/2020-Summer Peebles EL REVISIONSSUBb11TTED [ OAl The Good Manor Group, LLC Agenda Item 13 Page 8 Disclosure Statement Virginia Reach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ `,`' r,,,..ra_ K__64-•y,n, If an LLC, list all member's names: nc�1 4ps De, tse If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner_11.different from Applicant. u Check here if the PROPERTY OWNER 6.NOTa corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY.OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: -like csc. 1 jY�aoo( 6(u,2 , " If an LLC, list the member's -R au\ Ot'' names De66€ Page 2 of 7 The Good Manor Group, LLC Agenda Item 13 Page 9 Disclosure Statement Virginia Reach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) 1 Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (ill) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 The Good Manor Group, LLC Agenda Item 13 Page 10 Disclosure Statement VB APPLICANT Virginia Beach YES I NO L SERVICE PROVIDER(use additional sheets if L needed) 0 n Accounting and/or preparerof "Sa4'lle5 -47 AaC ck\ SFCJ�c5 I your tax return -75-2- yqo_77ct5 A Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ] purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElaConstruction Contractors ElEngineers/Surveyors/Agents Financing(include current rY\r. CCo QC (C-.J«rnt-) 0 ❑ mortgage holders and lenders ��r�y filers Bl� selected or being considered to ��� provide financing for acquisition Cc9Qe II. or construction of the property) l _ ggg - ygb- akt32, Legal Services Real Estate Brokers/ 't�rV e T,(iees 0 D Agents/Realtors for current and ;y ef6-4y &en'cna\ anticipated future sales of the subject property -75-7. 77\- a`I k SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 The Good Manor Group, LLC Agenda Item 13 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.1 77 Denise Thc{ 1-l�• ° APPLIedi- -(- ' 12za, - S SfGNATURE PRINT NAME DATE Page 5 of 7 The Good Manor Group, LLC Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Good Manor Group, LLC Agenda Item 13 Page 13 STR VICI - ITY -AP THE GOOD MANOR GROUP- 1721 RUEGER STREET i % )6\\ ,/ I //4Illr ( %Alb VP tirt - I,\(17 4,,,./ . '' 441 .' s: '' , , i - - ! , ..,4,4)-Zir, : . v 40-, :di° .. ,,, .,. ,..,„ipiiiw./ . . ,. ,,,,, , N.. . , , •.._ 4:: .. ..-.,, . ;.,_ , ,,,,, , i,i.. . ' � ; 2,, -JI-71----' -'' *14,, 4.• - • 4 4%,. Al N. N • e* . Ilki ._ e#-' / .' ' / • , , . ,, 7r. .Aw• *(4k • ._--:.___------0,-:::::-,-, /---- ,-,,,:/-Nomr,,, ,,,. 7\ .. . (,,.42k.-----\\ IN ir •*-- .,. 4-„, :-,. ,,,,\ ,.. ,. - „ . i ,.._., 44,,,. r •Ar--- 1. - , .dtkir , ..,. , 7. i . q , iir , --r. 4,,tivi, 4 z.,.-. ,, . ' Aty'. 4‘t ., , 44_111 , 4P,, ,, , .. ,7,44k.2 , 44.--. 40p 40 lb% STATUS ® Approved :_,, __ Denied N ��►, '. Under Review fi N. .\ :/ a Registered ` *0 /� jv.,<A,. Items # 13. The Good Manor Group, LLC [Applicant & Owner] Conditional Use Permit (Short Term Rental) 1721 Rueger Street August 12, 2020 RECOMMENDED FOR APPROVAL-CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the consent agenda and Commissioner Wiener is going to handle. Mr. Weiner: Thank you, Madam Chair, the next order of business is Consent Agenda, there are applications that are recommended for approval by Staff and the Planning Commission concurred. And, there are new speakers sign up to opposition the Planning Commission placed the following applications on the Consent Agenda items 1 , 2, 3, 4, 9, 10, 11 , and 13. Let me backup a minute. Planning Commission also places the following applications for the Conditional Use Permit for Short-Term Rentals on a Consent Agenda as they meet the applicable requirements of Section 241 .2 Zoning Ordinance. Staff and Planning Commission support the application and there are no known speakers and signed up to comment, which are items 9, 10, 11, and 13. Is there anyone here in opposition of these items. Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1 , 2, 3, 4, 9, 10, 11 , and 13. Okay, I move the following items to be approved in the Consent Agenda, 1 , 2, 3, 4, 9, 10, 11 , and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond: Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote, please Marchelle. Ms. Coleman: Sure. If you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes, Ms. Coleman: Mr. Graham. Mr. Graham: Yes. 1 Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against the following items 1, 2, 3, 4, 9, 10, 11, and 13 have been approved by consent. If you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date, so that others may attend the chamber please exit via the side door. If you are watchingvirtuallyyou are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda, Bill Landfairwill introduce the first application. Mr. Tajan: Madam Chair,just before Bill begins with the Regular Agenda. I do want to note for the record that Mr. Wall, Mr. Coston, and Mr. Barnes are not present in the meeting due to personal things they need to attend to. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE • Horsley AYE Inman AYE Klein AYE Oliver AYE 2 Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1 . The following conditions shall only apply to the dwelling unitaddressed as 1721 Rueger St. 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 Permitfora ShortTerm Rental where the ShortTerm Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the ShortTerm Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Developmentfor review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and 3 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible understate law, interconnected smoke detectors (which may be wireless), a fire extinguisherand,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police 4 Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 5 To whom it may concern, February 22,2020 Paul and Denise Phipps have done a wonderful job in preparing their short term rental at 1721 Rueger St. Virginia Beach, VA 23464. They added addition driveway space and landscaped the home. It looks very nice. The yard is well maintained by a lawn service man. We have seen the inside and think they have done a beautiful job. They are very conscientious about us as neighbors. We really appreciate that. They have been quick to respond if there have been any issues with their guest. We have met a few of their guest and found them to be very friendly. I have no problem with them having a short term rental next to us. I am even thinking of having friends of ours stay when they come for a visit. Sarah Jacobs, ,-/(:_ ---- 1719 Rueger Street, VA BC , A2464 To whom it may concern, February 22,2020 Paul and Denise Phipps have done a wonderful job in preparing their short term rental at 1721 Rueger St. Virginia Beach, VA 23464. I was in the home a few times as they were getting it ready. They have done a great job. I have had no issues with any of their guest. They have been respectful of me as a neighbor. I support them in hosting a short term rental. Shannon Koepp, -4-0Tou--C4) 1720 Rueger Street, VA BCH, VA 23464 To whom it may concern, February 22,2020 Paul and Denise Phipps have done a wonderful job in preparing their short term rental at 1721 Rueger St. Virginia Beach, VA 23464. They keep it well maintained. I rent the home next door. I have had no issues with any of their guest. They have been respectful of me as a neighbor. I support them in hosting a short term rental. Best Regards, Jamie Prins i V 1723 Rueger Street, VA BCH, VA 23464 wiw."-\ ' r"r -) , W , \ 0 - ' II* III z e. ") ill L::?, 1 ill di 1 in e o %3 4, \ o 0 1 Lp Ili 1 iiis el E. __ t_ Oil I O '\ ‘41 ,,,enUe Van M 111011 C 11111111'N 11 ce7) C. W O \1 CO' 1Wi .— L_ I , -a woogosibiAel CO i & I \ - % , _ c ' a th W j•••••ooioicoi ' 1g to ‘, , &if Ar4t‘ 1 \‘- e — ide Av VOW en� , \ sins TrHI to___ _ owl.. , c. ��%W a o 1,,,,,,, 1 I p, co N Q Y la RI 1 0 1 r CD ° o as 5 .:; \ O� cn Cl- N - m j Q -�►at7l an ! , 1� 1 c ' ,,,4 h t S j i5 ,! :! „:.,,,,,„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHARLIE KIM [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 809 Vanderbilt Avenue (GPIN 2426376810). COUNCIL DISTRICT — BEACH MEETING DATE: September 15, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 5,375 square-foot parcel zoned R-10 Residential District in the Croatan neighborhood at the oceanfront. The lot consists of one single-family dwelling containing four bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or four spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve; however, at the time of this writing, the applicant agreed with City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: Croatan is predominately a single-family neighborhood where a number of Short Term Rentals have existed for many years on the blocks closest to the beach. as The subject property is approximately 570 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts four required off-street parking spaces; one within the garage and three in the driveway. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for use by the Short Term Rental occupants. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant; however, the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Additional details pertaining to the application are provided in the attached Staff report. The Planning Commission heard the application in order to review the contents of a letter of opposition that was submitted by a nearby property owner. The letter of opposition attached below provided a detailed analysis of the potential impacts of Short Term Rentals. Charlie Kim Page 2 of 4 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 809 Vanderbilt Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18- feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and Charlie Kim Page 3of4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11 . Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Charlie Kim Page 4 of 4 STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: riV Applicant and Property Owner: Charlie Kim Agenda Item Public Hearing: August 12, 2020 elik1B City Council Election District: Beach 8 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation .P Q°° 1 Approval f r l� Of y to' "`u 1M Staff Planner �` Croat,�,:y t e William Miller ; $ `.. \ a t Location c°'s Ha��O�'''4` 809 Vanderbilt Avenue Cc�„� p 1. ' F 1 GPIN c, 2426376810 i \ Site Size y E a 5,375 square feet �° ad Rea R3n9e R° Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North k -� < , 1' ., Single-family dwellings/ R-10 Residential �r ` f �` �` South e i +`1=} Z j Single-family dwellings/ R-10 Residential , _ ra ,,,, oA a ``` 2(We _ F, D, East 4r* ik -.Ao r�� .1 Vanderbilt Avenue _ Single-family dwellings/ R-10 Residential :' j`. • r .. •. West y• ' ..,; A•+L , .j. yam-"` Alley (unimproved) x ;, o ` -z"i% A Single-family dwellings/ R-10 Residential t `too, e _ 7'< . 1. � ': • w y Charlie Kim Agenda Item 8 Page 1 Background & Summary of Proposal Site Conditions and History • This property is 5,375 square feet and is zoned R-10 Residential District. • The lot is developed with one single-family home. • According to City records, this home was built in 2009. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on June 17, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Vanderbilt Avenue. Short Term Rentals in the Vicinity "soot,. sdoi 'a /�' III, vow • 4 1110111111E :ram+U III/10$11414. ‘ 1114 Silli ilitik ,iiiiivii-Isi,. ittii0 1t,.. —... ! s -% STATUS ® Approved • Denied Q Under Review O Registered Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 as recommended in condition #16 • Number of parking spaces required (1 space per bedroom required): 4 Charlie Kim Agenda Item 8 Page 2 • Number of parking spaces provided on-site: 4 (1 in the garage and 3 in the driveway) l_-- \..., il o l (..-- - JiLi1° fklio, :._ i. ��:�� ---:._- a wo'ng. r--- fit C_ __-,. e �` ll[ Zoning History .7----"\ U--:,' 40# i _ # Request \ i���� - ` 1 STC(Closure of multiple portions of 15-alley) Numerous \ , \? `t ) > 6k' ' " approvals occurred between 2005 and 2012 f -10 '` ( _ ‘1.1 i ( _''i �'.R �==- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Croatan subdivision, which primarily consists of single-family dwellings. In fact, the neighborhood contains only three known lots with dwelling types other than single-family. In addition,the subject property sits approximately 570 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts four required off-street parking spaces; one within the garage and the others in the driveway. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, staff believes that all the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. The recommended conditions reflect City Council's most recent Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 809 Vanderbilt 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. Charlie Kim Agenda Item 8 Page 3 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. Charlie Kim Agenda Item 8 Page 4 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 30, 2020, and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. • 1 letters of support/opposition has been received by Staff related to this address. Charlie Kim Agenda Item 8 Page 5 Site Layout & Parking Plan ,--15'ALLEY PER PLAT - y J1 i A ` 1 ! - I _ ,, INGROUND -— t ' a POOL Nf 6L4R 1 k "--"'i 04. R f i a 0 . i i I THREE STORY m i + in FRAME "' ___ tii LOT 17 1 : BUILDING LOT 19 I d #809 1.12 18' T,3' ' . o 9' l 18' ST,7tty i* BU• 18' ID:K 18'-a., Approximate i location of 4 / o basketball pole , t SQ.oU +,I iS.1221!Or to N I •• BRICK DRIVE 1• --T---- -.4 - — r -Pr- VANDER131LT AVENUE (80' RIGHT OF WAY PER PLAT) 9' x 18 parking space 9' x 18 parking space Brick paver driveway in the garage t___ . Charlie Kim Agenda Item 8 Page 6 Site Photos - — " i 4. II f , r` .." 1, 7 i :It. .,.,, ta-3-1 _ _ ' _-, 4 .* '`-7 -..-il 411 - -‘''' ' '_-____:' , , __. i _ - --------s"------------""--:-- - - 809 Vanderbilt Avenue \\ G, -61 1_III i , '''� { l�T'1 r Jai,' 1 011111 11111IIIIIII1 ._ f1° 11 , r 1 - - a r Charlie Kim Agenda Item 8 Page 7 Site Photos I _ ___ \\ :;., TI �� — , Ad.! 1-�-aS SAY R- -i�ii�44,4Znirsr«i Zattiuirtii:lail .iiiiiLLLL` `\ '& `� Nlli = ... "11 ►ii r r�x .. .K -I. w f III 3 �. • Charlie Kim Agenda Item 8 Page 8 Site Photos /7--------------__.- _ -. i�l • i t r , r r-- -" � . ti T lir } Ir--- _ _ _ _ _- - - s' _ _ 4 .. • i 1�4 i Charlie Kim Agenda Item 8 Page 9 Disclosure Statement 1/13 Virginia Beach APPLICANT'S NAME Charlie Kim DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All dtsdosures must be updated two!e; >_ F Page 1 of 7 Plannirg Commission and City Co.;ncii meettry that pertains to the anc! ❑ APPLICANT NOTIFIED OF HEARING DATE 08-14-2020 ▪ NO CHANGES AS OF DATE 09-01-2020 ❑ REVISIONS SUBMITTED DATE W i1.l(:a m/Maier-09.01.2020 Charlie Kim Agenda Item 8 Page 10 Disclosure Statement :NB Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Charlie Kim If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is differentfrom Applicant. ▪ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ▪ Check here if the PROPERTY OWNER/S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Charlie Kim Agenda Item 8 Page 11 Disclosure Statement :NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation... See state and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 Affiliated business entity relationship" means a relationship. other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the tvv entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.- See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES. please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Charlie Kim Agenda Item 8 Page 12 Disclosure Statement APPLICANT Virginia Beach YES I I NO SERVICE PROVIDER(use additional sheets if needed) x❑ Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than CLJ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ x purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n a Construction Contractors Engineers/Surveyors/Agents Alphatec Surveyors LTD Financing (include current (� mortgage holders and lenders I I selected or being considered to Navy Federal Credit Union provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ a an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Charlie Kim Agenda Item 8 Page 13 Disclosure Statement Virginia Beach CERTIF ICAT ION: I certify that all of the information contained in this Disclosure Statement Form is complete, true. and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Charlie Kim 6/122020 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Charlie Kim Agenda Item 8 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Charlie Kim Agenda Item 8 Page 15 STR VICINITY MAP CHARLIE KIM - 809 VANDERBILT AVENUE i. --.4%- -1�: 1,_ - i IWO\ ..‘ gni% 1,..0- , 4°11 c--' *-1 '41-$\-2.7'''' \10 fri 6 ., _ •,,A. ___...a _ . . , _ !+ ••r „ ,. _- ., ...... k i' Z0 L-` -1 .1 101k----- ---C 1-7 .. __i.e. . f i-r—r' tia • 10 - ..t. -- -- f/--- { - ito t9- -- 4/0_j,-n-. --1C- -.- STATUS 0 Approved • Denied \ ti 0 Under Review 1, 1 0 Registered s, Items # 8. Charlie Kim [Applicant & Owner] Conditional Use Permit (Short Term Rental) 809 Vanderbilt Avenue August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: The next item on today's Regular Agenda is agenda item eight. Charlie Kim for conditional use permit requests for a short-term rental at 809, Vanderbilt Avenue in the Beach District. The applicant is Charlie Kim. Mr. Kim is a virtual speaker, Mr. Kim you have up to 10 minutes. Please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Kim: Hello, my name is Charlie Kim. Thank you, Madam Chair and Member of the City Council for reviewing our application. Thank you, Planning Member Mr. William Miller and other Staff Members who have provided us with guidance and direction to get us to this point. With COVID-19 and social distancing, we have grandparents that live with us in their 80s, so, we decided to do this virtually. My wife and I purchased the 809, Vanderbilt beach home in late April, ultimately with the intention of family enjoyment with our four kids and my in laws, until I am fully retired in few years. And, our plan for the short-term rental is not to build a lucrative business but simply to supplement until I fully retire and our decision to apply for short- term rental we remain very sensitive to maintaining good relationship with our fellow neighbors, especially since we will be moving into this home permanently. But, even with one opposing letter, I would say we are still in great relationship with Mr. Daddio. As a homeowner, investor, and landlord experience wise, I have been and still am an active member of HOA and active participant in HOAs where I have investment properties and condos and so on. And, for over 20 years my wife and I have actively managed our properties and respect both owners and renters, we actively perform the wedding of our renters, and we treat our property as if we would be living there ourselves. And, in fact, after moving into this Virginia Beach home we have been complimented several times by our neighbors, and how well we have tremendously improved the look of the home. In preparation for this rental, we have not only complied with the city rules but have planned rental agreement will include things like only allow family groups, minimum age of 30. No fireworks and such, and we will also have welcome packets that will explicitly state that we will have security cameras located in a certain 1 position, which the renters will know, maintain noise control, and most importantly respect fellow neighbors. We are currently pursuing a Rental Management Company, but we will continue to screen the renters ourselves and have local service providers such as plumbers. And, we request this approval as we have been compliant with this application. We follow the procedures and guidelines, no balance in our taxes and what not. We have erected the orange sign, although the sign got bent in half after the last hurricane, but it was displayed for about a month. We have held off on renting before approval by the Virginia Beach Government to maintain our respect for rules and process. We understand the concerns of the renters and we are concerned about the wear and tear, as any homeowners would be. And, we would ask Madam Chair and the Commissioners to please consider our application for approval. And, if there is any chance of being denied, please, I ask that you be clear as to why we would be rejected. Thank you. Ms. Oliver: Thank you. Do we have a speaker? Mr. Landfair: Madam Chair, there is one speaker signed up to speak, William Daddio. Mr. Daddio, please state your name for the record. Thank you. Mr. Daddio does not appear to be here Madam Chair. Ms. Oliver: Okay. Alright. Mr. Landfair: There are no more known speakers. Ms. Oliver: Okay. Well, on that note, we will go ahead and close this and open it up to any comments or a motion from any of the Planning Commissioners. Mr. Alcaraz: Well, I asked to hear this because I did receive calls, I was hoping someone was here to speak up if they were against it, but I need to hear and you guys need to hear it and it is a shame. So, I mean, if we are meeting the criteria and I do not get any complaints and we do it publicly then I am going to get some comments from you guys or I am going to make a motion. Mr. Redmond: Make a motion. Mr. Alcaraz: Nobody else. Ms. Oliver: No. Mr. Alcaraz: Well then I make a motion that we approve the application. Ms. Oliver: Okay. Alright. 2 Ms. Coleman: Was there a second. Ms. Oliver: Yes. Ms. Coleman: Okay, thank you .If you are in favor of the motion say, yes. If you are oppose say, no. Mr. Alcaraz Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: B y recorded vote of eight for and zero against, Agenda Item eight is hereby recommended for approval by the Planning Commission. Ms. Oliver: Right. Thank you. 3 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1 . The following conditions shall only apply to the dwelling unit addressed as 809 Vanderbilt Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) 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 4 within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 5 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site 6 From: Zonina Short Term Rental To: William N. Miller Cc: Marchelle L.Coleman Subject: FW:Against approval of 809 Vanderbilt Ave CUP request at this time Date: Tuesday,August 11,2020 3:36:43 PM Attachments: VB Plannina STR letter.docx Good Afternoon, This came into the STR Zoning Email. From:jtrouter@aol.com <jtrouter@aol.com> Sent:Tuesday, August 11, 2020 2:14 PM To: Zoning Short Term Rental <STR@vbgov.com> Subject:Against approval of 809 Vanderbilt Ave CUP request at this time CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. After some preliminary research for a freelance article, I started wondering why the city was turning part of Croatan into a little Sandbridge. The most apparent reason for the investors is that they do not have to pay the higher rate of taxes in Croatan that they have to pay in Sandbridge for beach replenishment. The other day I sent a letter to the Commission asking for a moratorium in granting short-term rental waivers in Croatan (the letter is attached). What stuck me was the level of approval of the waivers - at the time 95%. The latest number is 91% (82 processed, 75 approved for all short-term rental requests and questioned the standards used to approve these Zoning waivers. One reason for approval given in the meeting was a need for rental spaces. That need is not true now ( see information in the letter attached). My letter did not specifically address the 809 property but that property fits the profile. A little research found that the owner filed for the short -term rental CUP the day the owner settled on the house. (May 1, 2020). The owner made certain modifications to add a fourth bedroom. (The house was advertised as a four bedroom based on a conversion of the recreation room. The city listed the property as a three bedroom, and a status on the Planning Commissions website stated that the discrepancy would be evaluated).. The 809 house sits in the middle of the block and is three stories separated from its three story neighbors by about 20 feet each . The rear yard is filled with a pool, and the front yard has a fire pit. There are two other short-term rentals listed on the street. I understand how short-term rental status benefits the investor. I understand no benefit to the residents. The 809 Vanderbilt Ave. house happens to be in a poor place for a rental. There are no privacy screen at the front yard. Some type of fence or shrub barrier should be installed by the investor to provide privacy for the neighbors. The grandfathered short term rental at 821 Vanderbilt Ave does have shrubbery that provides privacy to the residents and the renters. I know because I have been one of the next door neighbors since 2004. On a separate matter the hearing notice sign which was installed by the investor has folded over in half and has been unreadable since at least August 10, 2020. Bill Daddio 703-201-3434 August 8, 2020 Virginia Beach Planning Commission ATTN: Bill Landfair, 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 By email: wlandfair(&,,vbgov.com Ref: Comments Croatan Short Term Rental Continued Use Permits Dear Board Members: Investors are buying homes in residential Croatan, turning them into weekly summer rentals with the approval of the City and avoiding the Virginia Beach special taxes levied in the Sandbridge Special District for similar rentals. This and other issues should be addressed before the Commission approves any new Croatan Continued Use Permits (CUP). I recommend the Planning Commission place a moratorium on the approval of CUP requests until the consequences of this and other issues can be understood. I am writing a freelance piece on commercializing residential areas and am comparing the Croatan neighborhood with the Sandbridge Special District. I am focusing on the impact of short-term rentals on a community. Part of the story includes the Virginia Beach Planning Commission's recent action to formally control short-term rentals in residential communities. (Virginian Pilot, Shelton, 2019). During my research I noticed several issues that I recommend the Planning Commission address before approving additional CUPs for the Croatan neighborhood. The Commission stated that to waive a residential zoning rule to include a commercial enterprise is based on balancing the needs of the residents with the needs of the investors. In examining the actions so far, the Commission understands the needs of the investor,but the needs of the residents seem unclear. Based on the recent planning meeting I observed, the Commission members and staff seemed genuinely interested in the resident's needs. In the meeting the zoning director identified areas of concern from residents, like density of investment houses, but from what I understand from the meeting, the criteria to address those issues is in development. I will use one issue to demonstrate: taxes to support beach enhancement, and examine Croatan, a very residential community without convenience stores, restaurants, or shops. An investor who purchases a Croatan house, and receives the Commission's CUP for a short- term rental escapes the additional property tax they are required to pay in the Sandbridge Special Service District,but not in Croatan. For a similar house offered at a similar price, the reduced property tax is profit for the investor. An investor in a Sandbridge house collects for the city a higher transient room rental tax than in Croatan. While that city tax is specifically stated in the advertised rental price, houses are promoted as a final weekly or daily rate. For a similar house offered at a similar price, the investor earns more profit in Croatan. So, for the investor, with the Commission's approval, Croatan is a good place to offer short term rentals. The approval seems to have an adverse impact for the residents without any benefit. The additional tax levies in Sandbridge are meant to contribute to the City's share of beach replenishment cost, a recognition that the investor house renters place increased pressure on the beach. Croatan and Sandbridge are the same beach separated by two small military bases, so you should expect the same pressure at Croatan as in Sandbridge. How will the Croatan residents need to maintain the beach be met. Will the city fund restoration of the Croatan beach without enacting higher property taxes. That would balance the needs of the residents with the needs of the investors. Two types of short-term rentals exist, and they have different impacts on the community. The City recognized this difference and created different rules for each of them. The first type is like a traditional B&B that is an owner-occupied short-term rental of a room or suite in the same house. The impact on the neighborhood would be similar as having friends or family visit— relatively small groups under the sponsorship of the friend or family member. The second type of short-term rental is the investor house where the whole house is rented on a short-term basis usually weekly without the owner present. In this area that type of short-term rental is usually called a summer weekly rental. The city has enacted special rules to limit community disruption for the investment houses. A significant requirement is that occupancy is limited to three persons per bedroom. Investors now are turning every space they can, like the rec room, into a bedroom. Think bedroom with fireplace and Tiki bar,bedroom with two indoor parking spaces, and bedroom with full kitchen. (You get the idea.) The city does check to make sure the changes are legitimate. The investor home that once housed a family of four with three bedrooms now can hold nine, no wait, it is now a four-bedroom home for 12. The increase in occupancy does significantly affect the community, especially if there are a lot of these investment units. I quickly examined several web sites advertising short term rentals in Croatan. The first site, Airbnb, showed about 24 houses for short term rental. Two things are obvious. The first is that most of the houses are clustered around Vanderbilt Ave, Surfside, and South Atlantic just like a little Sandbridge. The second observation is that almost every rental is a whole house weekly summer rental. The second web site was VRBO which focuses on full home rentals, and the result was similar. The site showed about 30 properties, clustered around Vanderbilt Ave and nearby streets, and almost all of them were summer weekly rentals. Atkinson Realty listed 12 summer weekly rentals and Anchor Realty listed 9 in the same area. In examining the rentals in Croatan and Sandbridge. I noticed that the Sandbridge houses were less densely stacked than in Croatan. Many of the Croatan houses are three story 3,000 to 4,000 sq. ft. and 20 feet apart. Many have a small back yard usually occupied by a pool. There is very little separation between the properties. Fine for a private residence, a potential for problems when you plop an investment house in the middle of the block. I noticed one investor house owned by a popular local builder which sits on a corner and the house is designed in an L shape facing that corner. There is plenty of room for the renters and the disruption to the neighbors is minimal. I examined the CUP requests identified in the July 2020, Commission report. Of the 55 requests for zoning waivers processed so far, 52 were approved, 2 were denied, and one is under reconsideration. I know the city staff complete an evaluation and make a recommendation, but the barrier must be low to waive so many residential homes into investment homes in a residential neighborhood. If I were an investor, I would submit the CUP request the day I bought the house, pump up the bedrooms, furnish the property, and wait confidently for almost certain approval (95%) to begin raking in the cash. Good deal for an investor. What about the resident's needs. I recommend the Commission ask them. It could be that when a house is listed for sale, neighbors may say great hopefully an absentee investor will buy the house and turn it into a weekly summer rental. That will be fun. Meeting new close personal friends every week in the summer and enjoying the isolation next to a boarded-up house in the winter. Who would not enjoy watching the caravans arrive, the nightly illegal cheap North Carolina firework displays, and the five trash cans overflowing with bottles when the renters leave. It would be just like living in Sandbridge. But maybe not. Maybe they are concerned about issues the Commission is addressing. Maybe the concern is not warranted. I notice that the stricter Commission rules have led some to contract with the professional real estate companies that have a lot of experience dealing with issues of concern. I recommend the Planning Commission issue a moratorium for granting Croatan short-term rental requests until resident needs can be understood. The impact will be slight. The next Planning meeting is on August 12, 2020, and by that time the "season"will be almost over. There is no need for additional spaces soon. The recent ODU report indicated that the Hampton Roads area has the highest hotel occupancy rate of the selected vacation venues. But in Virginia Beach revenues are down 12%, and room prices are down 50%. According to the report, some hotels have reduced the number of rooms available due to lack of demand. This is a good time to temporarily stop approving short term rental waivers so you can approve them later understanding the consequences of the actions. The Commission enacted the new rules for that very reason. Sincerely, Wi/QAr / , Oaafa/0 William F. Daddio, Ph.D. Adjunct Professor Georgetown University Office: 202-687-3658 Department of Sociology daddiow@georgetown.edu 37th&O streets, NW Cell: 703-201-3434 Washington, DC 20057 In the interest of full disclosure,I have owned a house in Croatan since 2004,and have lived here full-time since 2007. I have never rented my house,but my next-door neighbor has rented her house since before I bought mine. Sometimes the renter was long-term,but most were summer weekly rentals. I have never had a problem with any renter. o i W IP° ww i -iww"-- �, SS R-5D� \ at IS A42 '41 % ______--- WI I %-ii-\iii ** k R- ,D %it is ripoolio or•••""1"11 0 ollak 11111,7000 10001_,1„1...Igi __ 1010e,iir-il \ \ \ --- 12l.b..Strio°reet —' 0 VIst' 11 -5D\ r wo c3. 0 0 �--_ _ - -40.-----A 1%jR5b � .!�� �� � - oin �. A-24 Sandy C iis , R-5.D i \-\ 0 A-24* a Norfolk Avenue Norfolk Avenue _- --- A-24 'mg Site ;�N�,, Michael & Renee Fairchild w,!\f .E Property_Polygons `or. Q Zoning 836 & 838 12th Street S I Parking Lot Drive Aisle Building I mow. Elm.Feet f) 15 31) 60 9O 12O 15O 1 fifl NIA 41• "CTT CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MICHAEL FAIRCHILD & RENEE FAIRCHILD [Applicant] MLFW, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the properties located at 836 & 838 12th Street (GPINs 417848537 & 2417848522). COUNCIL DISTRICT — BEACH MEETING DATE: September 15, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for two Short Term Rentals within a duplex on a 4,989 square-foot parcel zoned R-5D Residential District. The two, two-bedroom dwelling units within the duplex require a minimum of one parking space per bedroom, or four spaces in this instance (two spaces per unit). The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six, or twelve when combining both units: however, at the time of this writing the applicant hesitantly agreed with City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This property is located within the Lakewood subdivision, which is a neighborhood composed of a multitude of housing types with a few scattered commercial uses. Lakewood is bordered by Norfolk Avenue to the south, 16th Street to the north, Colony Mobile Home Park to the west, and Lake Holly to the east. Moreover, the parcels in the neighborhood are a mixture of zoning districts, such as R-5D, R-5S, A-12, A-24, A-36, and I-1. The subject property is surrounded by other duplex dwellings, semi-detached dwellings, and an apartment complex. In addition, the site lies approximately 3,825 feet, or 0.72 miles, from the public beach of the Atlantic Ocean, and 2,600 feet, or 0.50 miles from the Virginia Beach Convention Center. The applicant's parking plan depicts the required four off-street parking spaces on the property, two for Unit 836 and two for Unit 838. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, an unapproved gravel parking area exists in the right-of-way in front of the duplex. Consequently, a condition is recommended that this gravel be removed. All other requirements listed in Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant; however, the recommended conditions do reflect City Michael Fairchild and Renee Fairchild Page 2 of 4 Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Additional details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On August 12, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling units addressed as 836 & 838 12th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. Unless a modification is approved by the Director of the Department of Planning and Community Development, the driveway apron must be enlarged in accordance with the Site Layout & Parking Plan section of this report. Completion of this condition must occur within 60-days of City Council approval of this Short Term Rental Conditional Use Permit request. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms 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. Michael Fairchild and Renee Fairchild Page 3 of 4 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 . Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane Michael Fairchild and Renee Fairchild Page 4 of 4 is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L.. 2-L— City Manager: M) 1BApplicants: Michael & Renee Fairchild Agenda Items Property Owner: MLFW, LLC 10 & 11 Public Hearing: August 12, 2020 City Council Election District: Beach Virginia Beach Requests 10 - Conditional Use Permit (Short Term Rental)— 836 12th Street 11 - Conditional Use Permit (Short Term 264 r 2" > Rental)—838 12th Street o 19thSl`�` 18ths+ .D t7 a _ Gh aoulevard S Y t O 0$ea m -�..:. < ` Virg'n h street i e A Staff Recommendation stn 5`r°` Bret Approval 0 t ' Staff Planner `°4ep William Miller m od T., tD Location ; .e.- 836 & 838 12th Street ; V � çi --, aUror`e A Avenue GPIN Preserve Drivel H19hP n ue o 2417848537 & 2417848522 Gann et R°" tipo nt Avenue Zetr ale A e Goose Landing ` Tettape Aven 1°,roue Site Size 4,989 square feet Existing Land Use and Zoning District , ,. Duplex dwelling/ R-5D Residential ` 44 Surrounding Land Uses and Zoning Districts .,4, r ,,�.13Wi, '1' �_`., P North :>I+ °tQ�r .11W . 12th Street . *, :. ,- ✓.. _ Semi-detached dwellings/A-12 Apartment ` tea - t . ` >t `,, ' : .. South r S . .Ph st', ;% e , " ti.+. Apartment dwellings/A 24 Apartment �' t *t ' 1 ` , _ a #' - East _ - . A -, i, ,� i � Duplex dwellings/ R-5D Residential +: `R, , 1t 6 { i se ` West �-a•'v" :k ��i ;,,. e r _ 1,`-�,r'' Duplex dwellings/ R-5D Residential tl‘1:- ,-_.* ' " E" F s-4 �'14 t. ' 'ii _ Ira4 Michael & Renee Fairchild Agenda Items 10 & 11 Page 1 Background & Summary of Proposal Site Conditions and History • This 4,989 square foot lot is located within the R-5D Residential District and contains one duplex dwelling. Both units are included with this application. • According to City records,this duplex was constructed in 1962. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on June 17, 2020 to observe site conditions and take photographs for this report. • While visiting the site,Staff noted the existence of compacted gravel within the city right-of-way. Since this material is not typically approved for use in the right-of-way,the applicant was referred to the Development Servicers Center(DSC) Division of the Planning Department to discuss the possibility of keeping it. On June 22, 2020, DSC Engineers denied the applicant's request to retain the gravel in the right-of-way; however,a small amount of concrete on either side of the existing driveway apron was approved as long as it remains 1.5-feet or more from any utility box or guy wire.This option was discussed with the applicant, who agreed to complete an addition to the existing driveway apron as approved by DSC. As a result, condition#3 is recommended to address the additional concrete to the existing driveway apron. • On July 7, 2020,the applicant advised city staff that the unapproved gravel in the right-of-way will be removed prior to the Planning Commission public hearing(August 12, 2020). • On July 20, 2020,the applicant submitted a photograph showing the gravel had been removed from the City right-of-way. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street; however, on street parking is limited in this block due to the volume and compression of existing driveway aprons. Michael& Renee Fairchild Agenda Items 10& 11 Page 2 Short Term Rentals in the Vicinity - .=)1,,i ilL- 1 - V '%A 6 1. % 11it Ojai .�� ��t 1 t / itllltl .e nt11 ork Igo • iVA s ittti - • fir= In 1 43-1 Bill .•,i.1 wen co, TT • " �, 1 .nc: tze.,,,or-t—•,, 4,,,,.. ri 1 4 .,\\;,..,_ , ,.........,. .w........,,, .1...- ,: , i,„„„- 0.,.. :.,,„w„„„, writ, I sIns - l► -J ,rrrrr �t , rr.0 I �+f��11 tj ie,Ad. / kihn ® Approved �1N+r'.. C :•+�,�i,' - t:�r 1 - Q Under Revie r .ap Mal.0 :'�, 1+ :,.` Olt. rrr�r1 .ae 1r.J 0 Registered nl•� ' � i •-r�l+�r . r t t — �'� y Summary of Proposal The applicant submitted a Conditional Use Permit request to operate two, two-bedroom Short Term Rental units on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. 836 12th 838 12th Street Street Number of bedrooms in the Short Term Rentals: 2 2 4 -As 4 -As Maximum number of guests permitted on the property after 11:00 pm: recommended recommended in condition in condition #16 #16 Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided on-site: 2 2 Michael & Renee Fairchild Agenda Items 10 & 11 Page 3 \___\A_.; 1�'lC 2 -5 1 [1 n1-- -- \\-\ \ L.-.'R. �.‘,----\-\\ ��� 't Zoning History # Request 11 \ 1 �2y,s►ro 1,.: 1 CRZ(1-1 and R-5D to conditional A24)Approved _ - r,,,v\r `, -o\ '� 'Y- "t-_-, 02/12/2002 \ _-A f ,-J, '\ t ..-�} t- 2 STR(Short Term Rental) Pending City Council Hearing _--\\cl\‘ \ k A _., \,- lk- A-24' 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This property is located within the Lakewood subdivision, which is a neighborhood composed of a mixture of housing types with a few scattered commercial uses. Lakewood is bordered by Norfolk Avenue to the south, 16th street to the north, Colony Mobile Home Park to the west, and Lake Holly to the east. Moreover, the subject property is surrounded by other duplex dwellings, semi-detached dwellings, and an apartment complex.The site lies approximately 3,875 feet, or .73 miles, from the public beach of the Atlantic Ocean and approximately 2,500, or .5 miles, from the Virginia Beach Convention Center.The applicant's parking plan depicts four off-street parking spaces on the property, two for Unit 836 and two for Unit 838. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, due to the current configuration of the driveway apron, a condition is recommended requiring a small entryway expansion to aid with vehicle ingress and egress on the property. This expansion was previously approved by the Development Services Center division of the Department of Planning and Community Development and is illustrated in the Site Layout and Parking Plan section of this staff report. Furthermore, staff believes all other requirements listed in Section 241.2 of the CZO pertaining to Short Term Rentals can be reasonably met by the applicant. The recommended conditions reflect City Council's most recent Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 836& 838 12th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Michael & Renee Fairchild Agenda Items 10& 11 Page 4 3. Unless a modification is approved by the Director of the Department of Planning and Community Development, the driveway apron must be enlarged in accordance with the Site Layout & Parking Plan section of this report. Completion of this condition must occur within 60-days of City Council approval of this Short Term Rental Conditional Use Permit request. 4. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. Michael & Renee Fairchild Agenda Items 10& 11 Page 5 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 30, 2020, and September 6, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Michael & Renee Fairchild Agenda Items 10 & 11 Page 6 Site Layout & Parking Plan 836 and 838 12th Street 9'x18' parking space on 836/2-bedrooms concrete for 836 12th St. 838/2-bedrooms O 50,00' - I 9'x18' parking space on I concrete for 838 12th St. l Gravel to remain Concrete 26.2' 10.7' Concrete addition to existing a driveway apron.Approved by r N. DSC on June 25, 2020. rn rn °' Unit 838 Q' 0 Approximate location sr ; of utility guy wires and ,ado utility box IN N uJ =4' In N 1 STORY ., • FRAME HOUSE • _ +• Proposed additions to # 836 & 838 -•;t .ti'.* existing concrete driveway s•- - - • apron (as approved by DSC Unit 836 on June 25, 2020). r_ Additional driveway apron concrete must meet the 26.2' minimum thickness 18' requirements found in the 36' Public Works Design *Additional concrete 1 . O'' Standards Manual AND approved by DSC on 1 x 1 2 must be a placed a June 25, 2020 - minimum of 1.5 feet from Ntiplor ' : tonc any utility box, utility pole, ' 1.5' *1.5' or utility associated guy • 0 wires (see condition #3). 12th STREET 50' Michael & Renee Fairchild Agenda Items 10 & 11 Page 7 Floor Plan 1 or ( * 1 , 1(4 Unit' 83 � . • µ • * L� .. . . ffi lily . . . e .011 vim- !� 0 l 4,1 fif Unit 8 9- i Michael & Renee Fairchild Agenda Items 10& 11 Page 8 Site Photos _�. A" ham' • . '4 .' k-� •. a " : �:Sty '_ , -,.': tz,--v ,-,..---_. .....'- K•;' . ''tt,'''' -':- ': ' -I.:, .i'.::. -... ' ..,'-i..- '.A4";'., j.,' -',..- • f., , ,,. t - 4 'mo __ - i r :7 [ t4 ry 836&838 12th Street ,, Ri\ tea. Michael & Renee Fairchild Agenda Items 10& 11 Page 9 Site Photos 'ObitSit IN ital _...- . . a '� s:. d _ a • 'o 41.0.___`-4=-'' ' #IVA ._,_ -......-:-..- - Michael & Renee Fairchild Agenda Items 10 & 11 Page 10 Site Photos - E ._ ; _ (� ,. . , ' �.y,++ ,, ii .1 • _s: -. ,, , .414to. j , s , ' a TVs _ ' ti• - Unapproved gravel removed from the City right-of-way on July 20, 2020 Michael & Renee Fairchild Agenda Items 10& 11 Page 11 Disclosure Statement Mi3 Virginia Bear t. APPLICANT'S NAME Michael Fairchild and Renee Fairchild DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers 1 Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ► The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ali docIoscre,must hs oodated t::o t2:week< to en. Page 1 of 7 Planning Commission and C t Council meets,that per tans to the epphcauorts. APPLICANT NOTIFIED OF HEARING DA-E 08-14-2020 O NO CHANGES AS OF '' 'E 09-01-2020 REVISIONS SUBMITTED Wa la.+wMaier—09.01.2020 Michael & Renee Fairchild Agenda Items 10 & 11 Page 12 Disclosure Statement \fi3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. xiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:MLFW, LLC/Michael Fairchild, Renee Fairchild If an LLC, list all member's names: Michael Fairchild, Renee Fairchild If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 7 Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. [X Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: MLFW, LLC — If an LLC, list the member's names: Michael Fairchild, Renee Fairchild Page 2 of 7 Michael & Renee Fairchild Agenda Items 10& 11 Page 13 Disclosure Statement Nfi3 If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 `Parent-subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship' means "a relationship, other than p, parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject_of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Michael & Renee Fairchild Agenda Items 10 & 11 Page 14 Disclosure Statement APPLICANT Virginia]lead, YES NO SERVICE PROVIDER(use additional sheets If needed) l z Accounting and/or preparer of f J your tax return ❑ 17 Architect/Landscape Architect/ Land Planner Contract Purchaser(ff other than the Anplicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ (� purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) XConstruction Contractors n Engineers/Surveyors/Agents Dennis Gerwitz Financing (include current Chase Bank, NA X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ❑ " Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Michael & Renee Fairchild Agenda Items 10& 11 Page 15 Disclosure Statement etY n Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Michael Fairchild 05/20/20 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Michael & Renee Fairchild Agenda Items 10 & 11 Page 16 Disclosure Statement IB OWNER Virginia Beach YES I NO SERVICE PROVIDER(use additional sheets if n ® Accounting and/or preparer of f I your tax return ❑ M Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ 1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ® Construction Contractors X 0 Engineers/Surveyors/Agents Dennis Gerwitz Financing(include current Chase Bank, NA XI ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ® Legal Services Real Estate Brokers/ n " Agents/Realtors for current and I i anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Michael & Renee Fairchild Agenda Items 10& 11 Page 17 Disclosure Statement VB Virginia Beach • CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been j scheduled for public hearing, I am responsible for updating the information' provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ Michael Fairchild 05/20/20 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Michael & Renee Fairchild Agenda Items 10& 11 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Michael & Renee Fairchild Agenda Items 10& 11 Page 19 STR VICI -. ITY .___,-AP MICHAEL FAIRCHILD & RENEE FAIRCHILD — 836 & 838 12TH STREET _. S ..y t %--7,-ct--1, t--- __ 6th-; ---- - V .._. ---::\\ '----. -7 ,-- "2•?//./ %VC ,•^%i I„. I:./i., _._. .1 . I\ -i) ). ' i % I/ \ `-'----4- i Iva .__.: t \IVO 1 . r , / i , - As. ikt11111.e\ visiiii Poi 1/,/, s-. ,,i, t ., %' --il. lig , tr / �� -=�id1a �, Oa .....n . , /,/,/ , . , „.„ ,,...,,, ,-- \ _ :__ _.____ . l'S':,-,,::,____ ..,.,_ ( ' ,/2'' <Ali"Lel 1‘4411-i 4tri°°1° 0 t°02211111*1 IA ___-\ ' '''' . 1 1. - ._ - =_ .k.. _ Ik-Aven ' _ --: i * 'Ill -0 �cec C°u , t%$' t '¢m --4 ..\ .- - ----li A.... , ...,, i te 101:\---'-\ ,-,1. 7 \c--6 '1.-1.?:-\ igi .' ,-7 \- 7.L. -:1' �c� I III '4*''' 11:0 4 Ni1i_iiiiifi4jii,a1*- - n;m �p 'ii ;*-. -=f l'� STATUS '��1 \i•1 ti\- stU i,-- Q Approved J ., 7.P.& Denied ��,} �,� '>✓ %%tø ' -= t' 0 —_---" ',�� Under Review * �' �Y \.-l i i 0 Registered j`... .`� #1 ,lts ' It Items # 10. & 11. Michael Fairchild & Renee Fairchild [Applicant] MLFW, LLC [Owner] Conditional Use Permits (Short Term Rentals) 836 & 838 12th Street August 12, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Right, thank you, Marchelle, the next order of business is the consent agenda and Commissioner Wiener is going to handle. Mr. Weiner: Thank you, Madam Chair, the next order of business is Consent Agenda, there are applications that are recommended for approval by Staff and the Planning Commission concurred and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda; items 1 , 2, 3, 4, 9, 10, 11 , and 13. Let me backup a minute. Planning Commission also places the following applications for a conditional use permit for short-term rentals on a Consent Agenda as they meet the applicable requirements of Section 241 .2 zoning ordinance Staff and Planning Commission support the application and there are no known speakers signed up to comment, which are items 9, 10, 11 , and 13. Is there anyone here in opposition of these items? Before I make a motion, I would like to ask if there are any speakers in opposition again on these items 1, 2, 3, 4, 9, 10, 11, and 13. Okay, I move the following items to be approved on the Consent Agenda, 1 , 2, 3, 4, 9, 10, 11 , and 13. Ms. Oliver: Right. Do I have a second? Mr. Redmond: Second. Ms. Oliver: Okay. Are there any Planning Commissioners that need to abstain on any of these items? Okay. We will go ahead and call for the vote, please Marchelle. Ms. Coleman: Sure. If you are in favor of the motion say, yes and if your appose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes, Ms. Coleman: Mr. Graham. Mr. Graham: Yes. 1 Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against, the following items 1, 2, 3, 4, 9, 10, 11 , and 13 have been approved by consent. If you had an application that was on the Consent Agenda, your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date. So that others may enter the chamber, please exit via the side door. If you are watching virtually, you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda. Bill Landfair will introduce the first application. Mr. Tajan: Madam Chair, just before Bill begins with the Regular Agenda. I do want to note for the record that Mr. Wall, Mr. Coston, and Mr. Barnes are not present in the meeting due to personal things they need to attend to. 2 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 836 & 838 12th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Unless a modification is approved by the Director of the Department of Planning and Community Development, the driveway apron must be enlarged in accordance with the Site Layout & Parking Plan section of this report. Completion of this condition must occur within 60-days of City Council approval of this Short Term Rental Conditional Use Permit request. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is 3 available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 4 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 II wwwwg ®i ' -7:5 m 0 / / ,ire , r o 11111 � R-7.5 � i , / 41, .1..Ql---- .r /- `,. 8./ - --___-_-__ R-7.5 -,1.b...4•.--. -..-.,_.-______,_ ..,.., -_-__-,._s___t_ .4 .7 ilit ri-----,-_,--_ ,fe3 .- ,,,.g.ri0 L o ' R-7.5Ili- R=7 5 `pper pri\\ i R=7/5 - ...1 it / /I r=i1 i `4�m ' �'� &'Pep o �, o or __ !�e � ( 0 i 4 R-7.5 ' 0tr / skip ,> p R-7:5 _er p rive 4ft `,' 1 It , ,4D ---. / At' h ‘ , - R-7.5 ' ./ Atk. / /11 .:— VW, Site �1� Property_Polygons Charity Flgallo W 0' F Zoning 448 Garrison Place P Parking Lot Drive Aisle Building Feet n 1F,'fin Rn Qn 1 7n 1 Rn 1 An 4. \\y1A icg 141% CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: CHARITY FIGALLO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 448 Garrison Place (GPIN 1486987809). COUNCIL DISTRICT — BEACH MEETING DATE: September 15, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within a single-family dwelling built in 1962 within the Princess Anne Plaza neighborhood. The three-bedroom home requires three off-street parking spaces per Short Term Rental requirements. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of the writing of this document the applicant indicated agreement with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: The Princess Anne Plaza neighborhood is predominantly single-family homes where Short Term Rentals are not a typical use with only one registered property in the vicinity. The existing driveway at the subject property, 15-feet wide by 43.7- feet deep, cannot accommodate the three required off-street parking spaces. As such, the applicant submitted an alternative parking plan that depicts the addition of 54 square feet of gravel to the left side of the driveway in order to meet the minimum parking requirement. Based on the proposal, the Zoning Administrator deemed this approach acceptable. As an aside, on-street parking is permitted throughout the neighborhood 24 hours per day, seven days a week to accommodate any overflow parking. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Planning Commission pulled this request from the Consent Agenda to discuss concerns of the addition of gravel with the applicant. There is no known opposition to this request. • Recommendation: On August 12, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 6-2. Charity Figallo Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 448 Garrison Place and the Short Term Rental use shall only occur in the principal structure. 2. As shown on the "Site Layout & Parking Plan" section of the Staff Report, additional parking surface must be placed on the property within 60-days of City Council approval. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Charity Figallo Page 3 of 3 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department G32t-- City Manager: cx VBApplicant & Property Owner: Charity Figallo Agenda Item Public Hearing: August 12, 2020 City Council Election District: Beach12 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Melinda Place qQ "''ace ,,a'cr Approval azaTia0rive %r,9L / 4 pP P aza Tra1r f- ., ' \ 0; Ramtree Road .. Staff Planner Star,cd Street . Terrazzo Trail lir Summer Peebles 5 Florence ' i i ri f Lark Street ij • O 1 ! 3 Location € `cr }.1 q j . 448 Garrison Place m G P I N -I g i 1486987809 Site Size - 8,438 square feet G000 Mop BRo urepKb oWeyaU (� araday Lane otlsman Lane .", \ FOres Gten Roao Ferry Farm Lane X...X Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North u , , y.._ Single-family dwellings/ R-7.5 Residential .' lir 1" �...� South :'- .y.,- , F. - 1- ,. , j , Skipper Drive v Single-family dwellings/ R-7.5 Residential East , _ Single-family dwellings/ R-7.5 Residential . � West Garrison Place - Single-family dwellings/ R-7.5 Residential - f r � . Charity Figallo Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • The 8,438 square-foot parcel is zoned R-7.5 Residential District. • The site is developed with a single-family dwelling. • City records indicate the dwelling was constructed in 1962. • Staff inspected the site on June 9, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; therefore, any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity 1 5i41 Dri — L I - T- O Y fit, h iirr4 kSree3 4,4t , trite 404 6 ;y-y' c_ jilaPtr11 _ - 416- 110' STATUS �� � ` • Approved •' �.• • Demed s 45 0 Under Review _ � Q Registered dZ • A h Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom —note: see condition#16 recommending 2 per bedroom): 9 (6 per condition #16) Charity Figallo Agenda Item 12 Page 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 471"-----j- ZRD - /--6. rq ,67-- /3 - -„,____//a . ,.5/--, j _ ----c--_,-11±-0 -Qiia LL.)___ -g-- • 06,- i p --/[1._! p 418 _ 4 , h ;p„.,.. 0 `/�� iffj No Zoning History to Report refr. cri,„/".:V6V 0 0 5 0 oo 0213 E1-'1m fhb/ A P 8 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The site is located in Princess Anne Plaza neighborhood which consists predominately of single-family dwellings. Short Term Rental use has not proven to be a common use in this area of the City. The existing driveway, 15-feet wide by 43.7- feet deep, cannot accommodate the three required off-street parking spaces. As such, the applicant submitted an Alternative Parking Plan indicating they would add three-feet by 18-feet of gravel to the left side of the driveway in order to meet the minimum width requirement.This is reflected in condition number two. The Zoning Administrator has reviewed this Alternative Parking Plan and deemed it acceptable. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. The proposed conditions reflect the conditions most recently imposed on Short Term Rentals by the City Council which reduce the number of bookings in a seven day period to one and limits the calculation of number of overnight guests to two per bedroom. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 448 Garrison Place and the Short Term Rental use shall only occur in the principal structure. 2. As shown on the "Site Layout & Parking Plan" section of the Staff Report, additional parking surface must be placed on the property within 60-days of City Council approval. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Charity Figallo Agenda Item 12 Page 3 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors, shall be installed in each Short Term Rental. Charity Figallo Agenda Item 12 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 13, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot on Fridays,July 31, 2020 and August 7, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 6, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 30, 2020, and September 6, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 31, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 11, 2020. Charity Figallo Agenda Item 12 Page 5 Site Layout & Parking Plan MNoRSN A,o,....,,.....am 3mull -Driveway: 15' x 43.7' 14 11011.211* •N' Dun4,insknoe 'd 0 t' — — — -Parking Space: 9' x 18',w,,, 12 31 - 17 A -- 2 $ a - in in �AcJ -Proposed Gravel: 3' x 18' F. s w x 1 Single Family b o l Dwellli _ _ a. a. a. -Handicap Ramp „o,— r 1 up — sainw. b and...w I 13 cN, l 80722006 Fee e0 77< ~Mal l 2 3 -2.(Flo I I L75.33' R 2150.15' GARRISON PLACE (50') Charity Figallo Agenda Item 12 Page 6 Site Photos filirti 4. a 1 - " r � i. ~. r-.• J I • • n . ., is •, 1. . -1'2 .gyp.. ',' r• s*- -. Lv t' '> w 1 v ' 1-.i:' '''''''""."'" 141Mr".--=--....1 - .a. • • 3 _ _ ` ♦ ice � ,� , f i1 y : - x ` 4. ,, - or Y U" i 4 Charity Figallo Agenda !tern 12 Page 7 Site Photos ear A _..-. - - _. .. _..- '" .':"+vim.=� �.,_..a..="�z�.•...r�..-'+°+. it it Ne• . .. ,+• ..,..,. . ..„ . i.. ... :: ,... • . . 0 , ..,..1, ,_ re.-'. :-;:::;s:' ..-• .. { i.A'• - I Charity Figallo Agenda Item 12 Page 8 Disclosure Statement 4 4 W \fi3 `. Virginia Beach APPLICANT'S NAME Charity Figallo DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program 1 Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning 1 Appeals I Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. _.—. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disc asur,:.-must _undated two(2,t'r Page 1 of 7 Plannin:.Commission and City(coma mce.e c,d,,,,a^main e::: . O APPLICANT NOTIF_:ear HI',i• <G ., 09/03/2020-Summer Peebles O NO CHANGES AS C." Or 1"E REVISIONS SWIM-.r. - IV f 09/03/2020-Summer Peebles Charity Figallo Agenda Item 12 Page 9 Disclosure Statement ,411 Nirginia Beach IYCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. A Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Charity Figallo Agenda Item 12 Page 10 Disclosure Statement 11 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) `Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Charity Figallo Agenda Item 12 Page 11 Disclosure Statement '.* ,, - 4 V3 OWNER Virginia Beach YES NO I SERVICE 1 PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of ,�, our tax return I Y Architect/Landscape Architect/ Lu ] Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ' /I l f7 purchaser of the subject property I I (Ide tify purchaser(s)and p chaser's service providers) 0 Construction Contractors I 1 Er Engineers/Surveyors/Agents ru/ ElFinancing(include current mortgage holders and lenders k Q F}7YVt CA or being considered to Arovide financing for acquisition 12(n or construction of the property) egal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property d i, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Charity Figallo Agenda Item 12 Page 12 Disclosure Statement t Virginia Beach -u' CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A..l.liication. f" yo l L _ ¶115/Z PROPERTY O�NATURE PRINT N4 V DATE • Page 7 of 7 Charity Figallo Agenda Item 12 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Charity Figallo Agenda Item 12 Page 14 ---,._.,----1 -----/-4;,J., / f 4 i. iir -kr Ov..(4P• 4 t. /,,,L4 ,,, e.q.:.„) 411 ' T.--. -}1111 1 (1 AA AW Aillibik.';./ * NN:-„ • II-pa, sid - .__AINE, Si . :.:::::',- 4,,,,Ithp,- w —' 'riwam, ,,saidie � L � �..,0,,,.. i_list‘. 4107-ir, aril. * `.*, .4.:\ • \ om ,--d_10),...._ „....;- .34- - trittilmili *,, i -------__.-------t, ‘..:-- - litarksi r • - • , - _d_ —-A NAIIII.11174-1/11.1ilr E-111 -41V ti < CC ', ,,w; T. - - . _------ ...*AriP--7714,-I e - F.T711411P -.4111 lisaitit- i ji- i Iftiii - .- WI r•'•.' 'it t_ g co __ /.. si, ...:41At., ,. I— oo -- 1' -'j 1 isf-ji, --iw Nw4p--744pN i J C \-,,c(*-14/AlTiffI _.,,..,,.. ., -\-.- ..A..:7v.\-7-, , - , / 31-- 0 ,_---,-----4— -.-,,a i ,..,,a, t ' .,..— /A* ,.::::„. ,. ,/440 101,-,-- Ili lAdaolut --___. ... ._,„zz:„..,_,.._,_ ._, • iv; /*- \--....."—'' v) I-L \'401 1-ji-LI-J-. ,.://' '- ''' :'•- be. , -' E \VW* ':. 4" -- ' ---=.----,-- ., ,,,* ' #11 P41 01 1 • . \ ,,,wP-- , , ',,, /.-/-4 ,was Si • . ter;..' \c-- \''' •:—r ,..-•\,. tvir II um. a y _ t\qairk .,. te 1_ ) :� • • oo f= 1 �OG `���i u! Items # 12. Charity Figallo [Applicant & Owner] Conditional Use Permit (Short Term Rental) 448 Garrison Place August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: The next item on today's RegularAgenda is agenda item 12. Charity Figallo for Conditional Use Permit request for Short-Term Rental at 448, Garrison Place in the Beach District. The applicant is Charity Figallo. Ms. Figallo is a virtual speaker, Ms. Figallo, you have up to 10 minutes. Please pause for three seconds, so, we can unmute your mic. Please start by stating your name for the record. Thank you. Ms.Figallo: Good afternoon, Madam Chair and Commissioners, my name is Charity Figallo. Thank you so much for taking my application into consideration today. I am a lifelong Virginia Beach resident. My father retired US military here in Virginia Beach, stationed at Oceana as did my husband. My children are also are Virginia Beach residents graduating here and currently in school. I am very involved with my church and I really do love my community and my city. I am seeking a Conditional Use Permit for my childhood home after much consideration and prayer, due to some serious life changes including the death of my younger sister and mother who resided here. I spoke to a few friends who are doing this and decided because of my family's emotional attachment to the home, and the ability to still enter the home and have family gatherings here, as well as the income thatwould provide support so much needed updates and maintenance.This seemed to be the perfect solution versus traditional renting to tenants that could possibly make my family my neighbors. Some of them who I have known my whole life they could be potentially stock for a tenant for at least a year that perhaps would not follow some rules, perhaps who would bring additional troubles to our street which !do not want.We do have a property on my right that is a rental and there have been some unsavory situations there over the years. I really do care about my neighbors and my neighborhood, our yard and our home are always kept up in me and this makes others take pride in ownership as well. I just really appreciate your consideration today, I have invested a lot into this property, and I am not looking to make a ton of money but to just be able to keep the home available to my family and to be able to make some continued improvements on the home as well. So, thank you so much. 1 Mr. Landfair: Madam Chair there are no more known speakers. Ms. Oliver: Right,thank you.Then I am going to open up the floor for discussion for the Planning Commissioners, I believe.Yes, Robin. Ms. Klein: It sounds as if the ramp was put in place while hermotherand sister resided there. This question might be more for Kevin. If they removed to the ramp if that was an option, would that free up additional space for parking? Mr. Kemp: Yes, it appears that if they removed that ramp, they would have more of an opportunity to bring the car up to the front. However, they would have to make sure that they meet the applicable width.Yes, they would have more room up front but it appears that width maybe substandard to the 18 feet that would be required for two vehicle parking spaces per our Zoning Ordinance. Ms. Klein: Thank you. Ms. Oliver: Thank you Kevin. Anybody have any other comments on this I think that was the issuethatl personally had was the expansion of the driveway being the fact that we have kind of stuck or in the past, we have voted to stick to the width of the driveway, so, I feel strongly about that even under these circumstances. Mr. Weiner: I felt the same way Ms. Oliver about that. Mr. Inman did bring up a good point, we have approved houses that have not been built yet for short-term rentals and I am not really in favor of gravel but it is better than concrete. I am kind of torn on both sides but I understand Mr. In man's coming from and I understand where you are coming from. Ms. Oliver: Okay, yeah Dave. Mr. Redmond: I would note Staff report says on street parking is permitted 24 hours per day. Therefore, any overflow parking beyond the minimum parking spaces required could occur within the public street and I do not really think this is a problem. So, we are talking about, inches perhaps of gravel and ample space in the street in any of that. And, they are public streets, so, just do not see what's really an issue there. Ms. Oliver: I do not know this area very well how available is because we are typically we are so down on the oceanfront where there is no on street parking because of the restricted parking. So, is there a lot of on street parking here in this area, does anybody know, Staff?This is Plaza, is that right? 2 Mr. Kemp: Yes, on-street parking typically is not an issue like you would see at the oceanfront, you can typically find on street parking in very close proximity to a home in this neighborhood. Mr. Redmond: Excuse me, we are splitting hairs here. Ms. Oliver: Okay. Ms. Klein: In the Google Maps view of the house, there appears to be ample room for an at least one additional car that is the other side to the left at least one more car would fit. Ms. Oliver: Okay. Mr. Alcaraz: Well, I knew parking is a little problem, I mean now we are saying that offsite is okay. Who knew whoeverthoughtthatthese short-term rentalswouldend up west of the overall resort but offsite parking is okay when the ordinance says required parking onsite. It says here it is going to be proposed, it is not done. It isgoingto be done within 60 days of City Council Action.So, I have a problem with that, I am just going the ordinance says onsite parking for Short-Term Rentals is required. They do not have it does not exist now and now we are talking about using offsite parking,that is directly in front of the property. Ms. Klein: But, don't we allow the owners of short term properties to like rent or lease spaces in the parking garage that are technically offsite. Ms. Oliver: We do that and then they have that in order to make up for the spot that they do not have so they cannot. That is part of their onsite parking. So, they have to go to a parking garage because they cannot park within the neighborhoods of the oceanfront because they have to have a parking permit. Ms. Klein: Right. Ms. Oliver: And, so, when they cannot meet that requirement then they have to lease a space in a parking garage with reasonable proximity to the house. Ms. Klein: So, how is this different than that? Ms. Oliver: Because she is not leasing it I guess. Yes, Mr. Inman. Mr. Redmond: You are on the spot over there them Madam Chair. Mr. Inman: Is there something in the condition that says it is not effective the department is not effective until the expansion is made. 3 Mr. Tajan: Yes, Mr. Inman, the condition states it in order for them to be approved it has to be installed within a certain time frame after City Council approval. Ms. Oliver: Yes, Mr. Redmond. Mr. Redmond: My question iswhywouldtheyaugmentthe parking if they do not get their Conditional Use Permit. And, that is why you would do it within X amount of time after City Council approval.And, if they do not do it they do not get their Conditional Use Permit, they do not rent it on a short-term basis. Mr. Inman: Right. Mr. Redmond: And, again I think it seems to me there is much to do about nothing here at Staffs comparable with it, I agree with David I would much rather have gravel than more impervious particularly because this is not a lot anyway, and in any event, it is a street where your parking is easily had, so, I do not see what the issue is, which is not to say that I minimize your concerns George I respect them obviously, but I just do not see it and to agree with that. Ms. Oliver: Alright,anybody else? Do we have a motion? Yes, Mr. Inman. Mr. Inman: I will make a motion we approve of the application. Mr. Redmond: Second, Ms. Oliver: Do we have anybody that needs to abstain, any of the Commissioners needed to abstain from this. Okay, Marchelle will you please call for the question. Ms. Coleman: Sure. If you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. 4 Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No. Ms. Coleman: By recorded vote of six for and two against Agenda Item twelve is hereby recommended for approval by the Planning Commission. AYE 6 NAY 2 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver NAY Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1 . The following conditions shall onlyapplyto the dwelling unitaddressed as 448 Garrison Place and the Short Term Rental use shall only occur in the principal structure. 2. As shown on the "Site Layout & Parking Plan" section of the Staff Report, additional parking surface must be placed on the property within 60-days of City Council approval. 3. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 5 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permitfora ShortTerm Rental where the ShortTerm Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(numberof bedrooms times two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each ShortTerm Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31 -26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 6 12. No sign age shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the ShortTerm Rental. 13. The Short Term Rental shall have no more than one (1) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000)underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisherand,where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 7 40144.1 ro0-- i ��. z, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE TO ALLOW CIVIL PENALTIES FOR THE VIOLATION OF SECTION 241.2 PERTAINING TO SHORT TERM RENTALS MEETING DATE: September 15, 2020 ■ Background: This Ordinance is sponsored by Councilmember Guy Tower, Beach District, and was referred to the Planning Commission and considered at the August 12, 2020 Planning Commission public hearing. This amendment to Section 104 of the Zoning Ordinance would allow zoning inspectors to issue monetary fines for violations of the Short Term Rental ordinance by making the violation a civil summons. The property owner would have the choice to pay the fine, or to be placed on a court docket if they do not agree to pay the fine. The fine for the first summons would be $200, and $500 for any additional summons. Currently violations of the Short Term Rental ordinance are enforced as criminal misdemeanors. The current process of this enforcement, typical of zoning violations, takes substantial time. The process includes issuance of a Notice of Violation, to which the property owner has ten days, in the instance of recurring violations, to appeal the notice to the Board of Zoning Appeals (BZA). If the notice is not appealed and violation not corrected, a summons would be issued and the item placed on a court docket. If the notice is appealed, the item would be scheduled on the next available BZA agenda, typically several months from the date of appeal. • Considerations: This amendment will make enforcement of the Short Term Rental ordinance more efficient and timely. The ability to use civil penalties (fines) for violations increases the zoning inspectors' ability to regulate short term rental use, without having to navigate the cumbersome court process involved with criminal misdemeanors. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. City of Virginia Beach —Civil Penalties for Short Term Rental Violations Page 2 of 2 • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (,W2c_ City Manager:pro 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW CIVIL PENALTIES FOR THE 4 VIOLATION OF SECTION 241.2 5 PERTAINING TO SHORT TERM RENTALS 6 7 Section Amended: § 104 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 104 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 104. - Violations and penalties. 20 21 (a) Except as provided in subsection (b), any person who violates any of the 22 provisions of this ordinance shall, upon conviction thereof, be guilty of a 23 misdemeanor punishable by a fine of not more than one thousand dollars 24 ($1,000.00). If the violation is uncorrected at the time of the conviction, the court 25 shall order the violator to abate or remedy the violation in compliance with this 26 ordinance, within a time period established by the court. Failure to remove or 27 abate a violation within the specified time period shall constitute a separate 28 misdemeanor offense punishable by a fine of not more than one thousand dollars 29 ($1,000.00); and any such failure during a succeeding ten-day period shall 30 constitute a separate misdemeanor offense punishable by a fine of not more than 31 one thousand five hundred dollars ($1,500.00); and any such failure during any 32 succeeding ten-day period shall constitute a separate misdemeanor offense for 33 each ten-day period punishable by a fine of not more than two thousand dollars 34 ($2,000.00). 35 36 (b) Any person who violates any provision of Part B of Article 2, section 241.2, or 37 section 1903, regarding only short term rentals, of the City Zoning Ordinance 38 hereof shall be assessed a civil penalty in the amount of two hundred dollars 39 ($200.00) for the initial summons and not more than five hundred dollars 40 ($500.00) for each additional summons. The assessment of a civil penalty shall 41 not preclude the institution of a civil action by the zoning administrator pursuant to 42 section 103(a) of this ordinance, but no such violation shall, unless it results in 43 injury to any person, be prosecuted as a criminal misdemeanor, provided however 44 that when such civil penalties total five thousand dollars ($5,000.00) or more, the 45 violation may be prosecuted as a criminal misdemeanor. 46 1 47 . . . . 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q La ClU I nnin epa ent City . :y's Office CA15059 R-2 May 8, 2020 2 Applicant City of Virginia Beach Agenda Item Public Hearing August 12, 2020 Civil Penalties for Violations of STR Ordinance 18 Virginia Beach Request An Ordinance to amend Section 104 of the City Zoning Ordinance to allow civil penalties for the violation of Section 241.2 pertaining to Short Term Rentals. This Ordinance is requested by Councilman Guy Tower, Beach District and was referred to the Planning Commission by City Council Summary of Request Violations to Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals currently are enforced as criminal misdemeanor.The process to this enforcement,typical with other zoning violations,takes substantial time.The process includes issuance of a Notice of Violation,to which the property owner has an allotted time (ten days)to appeal the notice to the Board of Zoning Appeals. If the notice is not appealed and violation not corrected,the property owner would be issued a summons and placed on a court docket. If the notice is appealed,the item would be placed on the next available Board of Zoning Appeals agenda, several months from the date of the appeal. This amendment would allow zoning inspectors to issue a monetary fine for violations to the Short Term Rental ordinance by making the violation a civil summons.The property owner would then have the choice to pay the fine,or be placed on a court docket if they did not agree to pay the fine.The proposed amendment would fine$200 for the first summons, and $500 for any additional summons. Recommendation Staff recommends approval of this Ordinance.This amendment will make enforcement of the Short Term Rental ordinance more efficient and timely.The ability to issue civil penalties(fines)for violations increases the zoning inspectors' ability to regulate short term rental use,without having to navigate the somewhat cumbersome court process involved with criminal misdemeanors,as the ordinance currently requires. City of Virginia Beach Agenda Item 18 Page 1 Items # 18. City of Virginia Beach August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Planning Commissioners the next four items on the Regular Agenda today are item 18, City of Virginia Beach an ordinance to amend section 104 to allow civil penalties for the violation of section 241.2, pertaining to short- term rentals. Item 19,City of Virginia Beach, an ordinance to amend section 241.2 pertaining to the revocation of grandfathered status and the City Council findings for short-term rental uses. Item 20, City of Virginia Beach, an ordinance to amend section 1903, allowing certain short-term rentals as permitted uses in the Old Beach Overlay District. And, item 21, City of Virginia Beach, an ordinance to establish transitional rules for the review of conditional use permits for property in the Old Beach Overlay District. Kevin Kemp will present these items. Thank you. Mr. Kemp: Thank you, Mr. Landfair. Good afternoon, Commissioners as Bill mentioned these four items are the referral, the proposed amended ordinance from Councilman Tower you should be familiar with these items as you reviewed them twice in July, once following your July 8, Planning Commission hearing, and then you had a meeting for public comment on July 20, in which there were approximately 30 speakers at that meeting. I will just briefly go through these proposed amendments agenda items and explain each one, agenda item 18 deals with the way we enforce short-term rental violations. This would change the enforcement from what is now a criminal violation to a civil penalty. It would allow our inspectors to issue fines $200 penalty for the first violation and then $500 for each additional, it will help Staff be able to enforce the ordinance and make it a easier and faster way to get through the process, whereas now they were required to go through the criminal court proceedings to get to this fine structure. Agenda item 19, deals with two items, one is the grandfather status of short-term rentals and the other are required findings for short-term rental uses. The grandfathering this ordinance proposes that the grandfathering status if a short-term rental were not used to such for a two-year period would be revoked by the Planning Director. This aligns with our current ordinance regulations for nonconforming uses, as the ordinance is written now short- term rental use if it was grandfathered it runs with the land and it runs in perpetuity. The second item in this amendment are the required findings 1 1 perpetuity. The second item in this amendment are the required findings and these provide a basis for which Staff, Planning Commission, and City Council could evaluate and ultimately approve or deny these applications, briefly go over the four of those. The first is that the density or number of short-term rentals in the immediate vicinity, do not change the character of the neighborhood. The second is that parking is readily available onsite parking is visually appealing and environmentally friendly. This is in a reaction to what we are seeing where a lot of short-term rentals are paving their entire yards to meet our parking requirements. The third is that, if there is an increased occupancy due to the short-term rental use, that occupancy remains compatible with the residential nature of the neighborhood as to not create negative impacts such as noise and trash. And, lastly, it recognizes that short-term rentals are a needed resource, particularly in areas of the city, that are in close proximity to venues or districts that bring high number of visitors. Agenda item 20,this deals specifically with the Old Beach District, the Old Beach Overlay and what it does is, it allows short- term rentals as a matter of right in the Old Beach Overlay provided that the properties meet two specific standards. One is that, all requirements of Section 241.2 are met. And the second is that the short-term rental property is the principal residence and owned by the operator. What this would do is allows for only one short-term rental per property owner. If these requirements as listed are not met, the way this ordinance is written the property owner would not have the opportunity to even apply for a CUP in front of Council. They would either meet the requirements and be able to operate as a short-term rental or they would be prohibited. Lastly item 21, is a transition ordinance and this ordinance simply states that any property that submitted an application to the Planning Department following the date, these referral ordinances were referred to you which is June 9, would be subject to these new rules immediately upon the approval of these ordinances. For instance, an application that were submitted today even though there are different rules than this in place, they would be subject to the rules once this is approved by Council. I will be available for any questions should they come up. Thank you Commissioners. Ms. Oliver: Thank you, Mr. Kemp. Mr. Landfair: Madam Chair, there are 19 speakers signed up to speak. The first speaker is David Grothmal, followed by Joseph Montana. Mr.Grothmal, please state your name for the record. Thank you. Mr. Grothmal: Madam Chairwoman, members of the Commission, I am David Grothmal. I live at 219A, 68 Street, which is not in the Old Beach Area. But, 2 I believe that what you do today or whenever you do it is going to eventually make its way throughout the areas that have short-term rentals. My concern is with the second area, the Council's resolution that sent over the package of ordinances says they are concerned about the short-term rental rentals increasing too fast in the Old Beach neighborhood and other areas. And, I felt like they needed to get a handle on it. I believe the goal is to preserve these areas as residential neighborhoods and residential neighborhoods should take precedence over short-term rentals. That means there should be a majority of residences over short-term rentals. So, what is the majority, is it 50%, you have 51% residence and 49 short-term rentals. No I do not think so, it has to be a clear majority. So, I suggest to you that you need to come up with a number of residences and short-term rentals that clearly preserves the neighborhood as a primary residence. I am suggesting two thirds and one-third or 65% and 35%. Using each Street as the place to measure, if 22nd Street has 35% short-term rentals already then you do not approve any more short-term rentals. That will make it easy and clear for everybody to understand what is the maximum of short-term rentals that will be allowed. I think that is the key to putting a halt on these applications. The guidelines that you have in place now, do not do anything to halt the growth of short-term rentals.Thank you very much. Ms. Oliver: Do we have any questions to the gentleman? Okay. Thank you so very much. Mr. Landfair: Madam Chair, the next speaker on this item is Joseph Montano. Mr. Montano is a virtual speaker, Mr. Montano, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Montano:Good afternoon, Chairwoman Oliver and members of the Virginia Beach Planning Commission. My name is Joseph Montana and I serve as the Virginia Beach Government Affairs Manager for Expedia Group and its family of travel brands. I would like to thank you all for the opportunity to comment on Virginia Beach's efforts to amend existing short-term rental law. By way of background Expedia Group is the world's travel platform with leading websites such as Expedia.com, Orbitz, travelocity.com and many others. We service the entire travel ecosystem from hotels and airlines to rental cars and vacation rental. Our vacation rental company Vrbo is the world leader in traditional or whole home vacation rentals. For 25 years Vrbo and our local homeowners have been focused on serving travelling families. In fact, our average customer booking travel on our platform is a 50-year- old woman traveling with a family of four. that long standing focus on 3 responsible travel, translates to our collaborative approach to fair and effective policies. Over the course of the last two months we have hosted virtual town halls with our partners here in town, and it is been incredible to hear their stories. Our property owner and manager partners have been members of the Virginia Beach Community for decades. They find immense pride in welcoming travelling families in their small slice of heaven and are eager to comply with regulations set forth by this governing body. However, both Expedia Group and our community of homeowners, managers, and small business leaders are concerned with the current proposal, specifically with regards to proposed amendment banning owners from offering secondary homes or non-primary residences in certain areas of the city. We believe there could be a better path forward that addresses the concerns of the community, while at the same time protecting Virginia Beach's long history of welcoming families to hold home rental. Expedia Group has learned from hundreds of local efforts over the last 10 years that policies work best when governments and platforms work together. A holistic solution could help Virginia Beach in three key areas, tax collection, compliance, and reasonable limits and they could include the following platform tools. Vrbo would create a mandatory field for owners to enter their short-term rental permit number in the same format as issued by the City. Vrbo would also display the permit numbers on all new listings and existing property list. Vrbo would remove any existing listing that does not display a permit number and will prohibit any listings that do not display a permit number. An alternative to the current primary only restriction that has worked in other markets is a cap of 180 days per property. The city wide 180 day cap would allow Virginia Beach residents with a second home to participate in the short-term rental market, would also dissuade individuals looking solely for investment properties to put on a short-term rental market. This policy of 180 day cap is one that Vrbo would support. As the leader in traditional vacation rentals we stand ready to be a partner to you and your Staff to ensure that the tradition of whole home vacation rentals continues to be a part of Virginia Beach, vibrant accommodations marketplace. Thank you again for your time and consideration. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Gretchen Heal, followed by Betsy Atkinson. Ms. Heal, please state your name for the record. Thank you. Ms. Heal: Good afternoon. I am Gretchen Heal I work for the Hampton Roads Realtors Association, and based on some of your comments in this morning session 4 I answered a few of our questions but I do have a few statements that they have asked me to share with you on these four items. The Hampton Roads Realtors Association recognizes the need to have property owners comply with guidelines for operating short-term rentals and our members try to ensure positive experiences for the neighbors of all the STRs that they manage as well as the tourists visiting the city. However, we do have a few concerns with the zoning violations that are different than others. And, again you have addressed some of those concerns this morning, so, depending on what you end up with your final decision that may go away. On this second one, the grandfather clause, on this change we would ask you consider including some more specific language on the parameters for inactivity on a property that is scheduled to have its grandfather status removed, when does the clock of the two years start, just a little more definition around it, so, that people would know what those parameters are. And, for all of the items if I am misunderstanding and I apologize but in 241.2 it applies to Sandbridge, and we would like that all any changes you make do not apply to Sandbridge as far as short term rentals are concerned. That is all. Ms. Oliver: Thank you. Ms. Heal: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Betsy Atkinson, followed by Paige Miyares. Ms. Atkinson, please state your name for the record. Thank you. Ms. Atkinson: Hi, I am Betsy Atkinson I am glad to be here to speak to you today. We are teaming up a little bit here, but I would like to specifically talk about grandfathering, I was on some of the original committees that created some of these ordinances and one of the things that we all agreed on with that if your grandfather the property it ran with the land. And, now you are trying to take away the grandfathering by reducing it to only that you do not use it for two years then you would not have the right to keep the grandfathering. I would highly suggest to you to please not approve this. We have a lot of situations, especially in the North End where, might be a mom and a dad and then they might pass away the kids might move into the house and then they might stay there a couple of years and then want to go back to having short-term rentals like they had before. And, it is also good for marketing, if somebody has a home that is been grandfathered with short-term rentals and they will have the ability to continue short-term rentals without having 5 to come back to the CPU. So, I thank you very much for listening to me and I hope you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Paige Miyares, followed by Jim Moffat. Ms. Miyares, please state your name for the record. Thank you. Ms. Miyares:Paige Miyares. Thank you Madam Chair. My name is Paige Miyares and I am the principal broker of Atkinson Realty. I just want to say that the crux of this issue really add it as a tourism issue. And, behind it is whether our city really supports tourism and people coming here to spend their hard earned money in our city. I think the consumer has spoken pretty loudly that they want to stay in our cottages and especially in a post COVID-19 world, habits of how we work vacation are changing even more rapidly. Many of our business have expressed that they are on life support with the COVID shutdown. And, the question I would ask is why are we looking at policies that prohibit visitors to our city. Why are we pushing them to Myrtle Beach and OBX, those are our competitors. As far as these regulations, there are a couple often couraging signs to me, one is the fact that there is something that actually says it is a needed resource in our city. I think that is true and again I think the consumer has echoed that and then just the change to the parking, because the discussion around parking just it goes on and on, it is almost arbitrary, it seems a little capricious to me from an outside perspective. And, so, something that says visually appealing and environmentally responsible that is helpful to kind of cut through some of measuring this it has to have this many spaces. The reality of these families coming to visit is that they do not bring,it is a four bedroom house they are not bringing four cars, I mean that is how it works practically. And, the other thing I do just want to address is that it is very disturbing to see the new, there is even been discussion here about do we follow the rules, do we go outside the rules, do we add provisions, do we not add provisions and that seems to be a little bit of an internal discussion, but to see some of these applicants who has had their applications in since January, and how these arbitrary amendments to limit the occupancy and to limit the amount of reservations per week is troubling from an on looking citizen. And, it really changed the dynamics for my family would increase the cost of vacation to Virginia Beach and not by a little when you play with those numbers. So, I think that has to be a consideration as we go forward and I think there are ways to partner in a private public type setting to help increase the accountability for these things and take the backlog off of the city. The 6 Beach borough making it by right which is something in one of the ordinances, I support that for our communities that hug the shoreline, for sure, because that is where we have traditionally had them that is where the character of our neighborhoods include them. And, there should be some by right pieces to the zoning that come forward. So just to know I probably out of time, but I just want to reiterate that at the crux of this is, are we a city that want families to come and stay here, do we want them to come and spend their money here. We as an industry love these neighborhoods, we want to protect them, we want them to be great places to live, we have been and shown to be good partners with these neighborhoods for over 80 years with the business that I do. So, is there is any questions. Ms. Oliver: Do we have any questions. No. Thank you, Paige. Mr. Landfair: Madam Chair, the next speaker on this item is John Moffat, followed by Lynn Hume. Mr. Moffat, please state your name for the record. Thankyou. Mr. Tajan: Bill, I think it supposed to be Jim. Mr. Landfair: Jim Moffat? Mr. Tajan: Yes. Mr. Moffat: I am not speaking. Mr. Landfair: I am sorry, okay. So, the next speaker is Lynn Hume. Mr. Hume: Hello, my name is Lynn Hume and it is hard to believe we are back up here again discussing short-term rentals. I have been a property owner in the Shore Drive area since 1980s and I have got long-term rentals and short- term rentals, that are grandfathered that have always been considered second homes and vacation homes and they were built in the 50s and 70s. Due to COVID-19, I am sure that many property owners have had to change some of the short-term rentals in the long-term. Personally, we put some doctors in one of our rentals, who were working in local hospitals, they left for a while and now they want to come back and do a long-term rental. I want to emphasize that as grandfathered properties are zoning and property rights were already set last year, our current rights exist. Item19, the 24 month rule, allows the possibility to lose our grandfathered status, health, economy, and various personal circumstances could change the use of our property for a period of time, current rights should remain not subject to being dismissed if not used in the 24 month period. This is not a conditional 7 use permit, grandfathered should run with the land. Item 18 allows for harassment from neighbors and subject owners to either pay a fine, considered guilty, or may to defend themselves. It appears that hateful rhetoric from anti-short-term rental people has generated this amendment to appease those who always dislike short-term rentals. We attended one of those all Civic League Meetings this winter and the attitude, for snitching and telling on people was rampant. Actually, it was like being in a foreign country, a trash can left out too long could generate the report and fine. I am not aware of any loud or disruptive short-term rentals in the Bay Area, Cape Story, Ocean Park, and Shore Drive. Many people speaking negatively do not even have short-term rentals near them. In comparison, homeowners and long-term rentals create parking, noise, and trash problems, and there are laws to deal with them. It is normal for residents in the Beach Area to park cars, have parties, and big gatherings. It is the beach. We have already spent two or three years hashing out the zoning rules and in this troubled time with COVID-19, people are not aware of this issue, it is come up again. It is our retirement income as well as many others, and we planned according to these rules. We take pride in our properties, you will be down zoning our current property rights, pleased enough for the subject grandfathered properties to the threat of losing our rights are subject us to targeted harassment and fines. Please leave the grandfathered rules the way they are now without changes. Thanks for your consideration. Mr. Landfair: Madam Chair the next speaker on this item is Elaine Fekete, followed by Joan Davis. Ms. Fekete, please state your name for the record. Thank you. Ms. Fekete: Hi, good afternoon. My name is Elaine Fekete and I moved to Sandbridge 25 years ago. I chose to live there even knowing that all the houses around me were rentals and had been so for 50 years. So, the false narrative that this is a new thing that we have to deal with is quite to the contrary. It is also a false narrative that all short-term rentals are party houses. 11 years ago, my husband and I started renting our home on a weekly basis and quickly found that there was a demand for the shoulder seasons in the holidays, we get people here who are parents of military children that are coming to visit and want to stay under one roof. Parents who are traveling with their children in the traveling sports leagues, business travelers who want to bring their families and make a vacation of it, or families who simply cannot afford to take off seven days from work. When we have renters, we move out and we are not alone. Other owners move out of their homes at least during the peak season. Still others use their second homes as rentals, so, 8 when the renters are not there the owners are. So, this brings me to the same question I asked two years ago. How will the restrictions be enforced when the home is owner occupied versus renter occupied? How will you even know the difference? I am curious to know how many $25 trash citations have been issued in the city in the last year, have they been issued but resulted in no change in behavior or being ignored because if we are not even forcing the $25 ones for the whole city, what is the point of adding punitive ones to the rentals and how will you know if owners like myself are the ones leaving the trash cans out versus the guest, how cumbersome is that and I say cumbersome because the recommendations sent to you states that it will make enforcement more timely and efficient and will increase the ability to regulate short-term rental use without having to navigate the somewhat cumbersome court process, I am kind of missing the due process part there. Make no mistake the choice to stay in a home versus a hotel is based on preference and availability. If summer guests cannot rent homes here, they will go straight to the Outer Banks in Myrtle Beach like Paige was saying. If parents with children in sports tournaments cannot rent our homes during the tournament's, they will go inland. Ordinance 241.2 only went into effect last November,just three months later in February Members of Council were ready to send it back to address lessons learned. What lessons were learned from November to February? There is zero evidence to support that all of the adjustments made by homeowners and realty companies in the last year to conform to 241.2 did or did not work. There is no basis to go back to square one and debate each and every component, and that is what will happen. I even heard the word exit signs at the last Council Meeting. The ongoing hysteria that short- term rentals are bad for neighborhoods is anecdotal and it is the exception rather than the rule, you state that they should not change the characteristic of the neighborhood and 99% of the cases they do not. A judge and I believe it was Austin ruled that a family sitting at a dinner table in a residence is a family sitting at a dinner table in a residence whether they are the homeowners or whether they are the renters. But, the request to review this situation was sent to you with terminology that reads additional noise, trash, and other possible nuisances, and it is asking you to assume that the negative connotations Council sees on STRs is fact based and not biased. Our trashcans really the problem, just because you were asked to review these regulations does not mean you have to conclude that changes are needed at this point. You can determine that we should at least look at what has been done and see if it works first. Thank you for listening. 9 Mr. Landfair: Madam Chair, the next speaker on this item is Joan Davis, followed by Gayle Mottola. Ms. Davis, please state your name for the record. Speaker: Joan is not here. Mr. Landfair: I am sorry. Okay. So, we will move on to Erica Atkins. Next speaker is Erica Atkins. Ms. Atkins is a virtual speaker. Ms. Atkins, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Ms. Atkins: Hi, this is Erica Atkins, I agree with everything that the previous speaker said, I do not feel like there is been enough time to really gauge what affects the short-term rentals in this area have under the new rules and regulations and I really think that there should be more time before any other changes are put into place. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, we do have Gayle Mottola here. Ms. Mottola: Good afternoon. I am Gayle Mottola I live at 115, 88th Street in Virginia Beach. I support the comments made by Mrs. Parker from the July, 20, 2020, Public Hearing. The beach and fourth story located above Shore Drive are daytime activities for visitors, not requiring overnight accommodations. Stewardship of history and the preservation of natural habitat is questioned as the Planning Commission and Zoning Commission first quietly and then outwardly tried to change a residential one single family neighborhood with some duplexes into two homes per small lot, often with different principal owners who can then rent out their properties with a conditional status of short-term rental. A case in point is a recent variance recommended fora builder from Richmond by zoning, who after the hearing told his perspective neighbors, he plan to live in one home, but he already had a potential buyer for the second structure on the same lot. That means two principal owners per lot, both of whom, who could apply for STR status. Given, that there are six potential buildings going up on the same block of 88th Street, which was once the Cape Henry Syndicate bought from the Cape Henry Park a land company in 1899, and plotted in 1900, for single family homes. The density of that block increases by how many people and how many cars. A second case, we just welcomed unemployed couple of working age with their three younger children as they moved into the neighborhood. Is not this what Virginia Beach model a City of a lifetime means, are we losing residents. Have they not insisted that they have legal parking spaces instead of the illegal ones put in by then owner of the two 10 structures on the nonconforming land to meet parking requirements for STR stop. Those parking spaces were in the city signed, no parking zone at the ocean side corner of 88thStreet and Atlantic making visibility obstructed to enter Atlantic Avenue. Then the neighborhood would have had to endure four bedrooms at three persons per bedroom and how many cars if every two people had one car, the answer, 12 people six cars. The summer the corner duplex at 201 , 87th was approved and the bedroom was approved also at 116, 88th Street and now 114-A and B are for sale. They have eight bedrooms. That could mean a total in two rentals per week of 48 people, i.e., three times eight bedrooms times two, meaning also a great over limit of cars. A traffic jam for delivery trucks meeting those looking for a free parking space to go to the beach occurs regularly in the summer now. The primary tourist area charges up to $10 for a few hours. The powers that were made the historic North End especially about Shore Drive 2015, a district based on the Old Beach Overlay of 2005, distinctly near hotels and motels and home renting rooms in the well-established tourist area that has been since 1906. But, that is not the North End demographic, many homes have passed down to children and grandchildren, the North End is a residential area with mostly permanent residents and those who come to enjoy their beach home for the summer. Traffic is another matter, which I will not address. Again, the beach and Fort Story, a historic part of our city that Cape Henry area should be treasured and should not go to make commercial profit. Thank you. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Mike Megge, followed by Chris Edel. Mr. Megge: Good afternoon, Madam Chair and Members of Council. I would like to thank all your hard work on this issue. I am here today to point out we spent years coming up with his current ordinance. And, as owners we have worked and planned our futures on the agreement that we came up with less than a year ago. As you know, restricting property rights of citizens by changing zoning laws as a taking and by such the government should justly compensate those owners. If it does cause harm to those owners, and I hope we do not go down that road. I understand if you feel the need to further restrict short-term rentals with conditional use permits as is you are right. But I would like to see the data that the city has compiled for these changes. I again, I asked you to protect the existing rights of the grandfathered and by right STR owners. I know this issue has been contentious, but we all came together over the past several years with 11 many, many meetings, public hearings and we came up with a draft a compromised ordinance that was thoroughly debated, voted on, and passed by both the Planning Commission and City Council. The new proposal would be a little like telling an owner of a duplex, if he owns a duplex zoned lot, that if you do not build that duplex in the next two years, you are going to lose that right. I just do not think that is the right way of going. Also, giving zoning inspectors policing rights, allowing them to issue monetary fines without due process is a very slippery slope. I just do not see how that would be legal, if it is not applied equally to all renters or to all property owners by that right. Again, I just think it is a slippery slope and an enormous overreach by the government. Mr. Kemp said it would be easier for the city to enforce, but I believe due process should be shaded on the side of the owner and not on government. Like I said before, you have the right to restrict new STRs with conditional use permits, but again I would like to see that data, why you are restricting them since we have just came up with an ordinance less than a year ago. But, again I would like to stress that the current ordinance should be respected and the rights of current STRs must be protected. Thank you very much, Mr. Landfair: Madam Chair, the next speaker on this item is Chris Edel, followed by Steve Bishard. Mr. Edel: Good afternoon, Madam Chairman and members of Planning Commission. My name is Chris Edel, I do have some handouts from around, hopefully you will have a copy of. I am here today primarily to speak with regards to Old Beach where myself and have a partner Bob Taylor, we have approximately 10 short-term rentals that are all approved by Council, and in operation. Okay, so my company VB Holmes has been building at the beach for over 30 years now. We were very active with an Old Beach particularly with the overlay that they put together, we partner with a neighborhood to find a way to improve the character of the neighborhood, reduced density if possible. And, I think we put that together with Barbara Yates and since that time, over the last eight years our company alone has invested over $10 million in redevelopment of that neighborhood, and what you have before you here is just a few examples, most of which are east of Baltic, but on the first page you have 317, 26th Street, this was a tired 50-year-old six unit apartment building that now is to the right you will see the after which is now two single family homes, that 317, 26th Street that operated for probably over 30 years as a short-term rental. I know that for a fact by the person I bought it from, Mary Grace Thomas had ran that year round and as well as short-term rentals. Below that, on 27th and Arctic, you can see it is an older 12 55-year-old eight unit apartment complex and we partnered with the Georgia Joyce Seco that you are going to hear from this afternoon as well, to take that from eight tired apartments to four new single family homes and, so, those are just a few examples. The next page one more example on 27th and Arctic, that was a four unit again, very tired blighted property that had been rundown. And, now there are two brand new single family homes on that property, so, that is an example of just a few that we have done and there is certainly others, but I wanted to point that out. The next page, page three is called Old Beach Revitalization Future Opportunities, these two properties one at 417, 24th Street 10 unit apartment property and then 416, 24th is a duplex both pretty old tired properties, owned by Mark Ulmer. He could not be here today, but he asked me to share with you his thoughts on whether or not he would redevelop these properties and he said to me, he said Chris I have had these properties for years and if I am not able to redevelop these as short-term rentals, I am just going to keep them the way they are, I am just going to keep bandaging them up, they would not go away, why because there is no economic reason, there is no financial reason for him to improve these properties. So, he wanted me to share that with you and these are just a couple examples of others that he owns, he owns many properties. Page 4, 308, 25th-and-a-half again you can see a very tired old duplex that I have involved with and the owner of that property. The one below that 2602, Baltic Avenue, which is a 50-year-old five unit apartment building facing Baltic, again all of these are Baltic East. But, these are a couple properties that need to go away, they need to have brand new single family homes and will have those, but they would not if we are going to get too restricted in what we can do with those. The next page is actually the Old Beach Overlay, this is right out of the guidelines, the map here. Okay, great, because this is just a suggestion and something that we have talked about and that is, if you see the orange line which is highlighting Baltic Avenue and this runs right through Old Beach, most of this is Old Beach. But, if you look from the orange line Baltic Avenue East towards the ocean, most all of that is rental property and in zone that way, as you look from Baltic Avenue or Western Baltic Avenue, it becomes more residential, more year round residents living there. So, it somewhat splits the neighborhood, but the reasons are simple it is because of the proximity to the resort and all the things that we want our guests coming here to enjoy and take advantage of. So, one suggestion is to potentially use that as a development zone for having short-term rentals East or Baltic Avenue East that would not require conditional use, but that you would potentially require conditional use west of Baltic Avenue. And, then the next page, which is just 13 a summary that Bob Taylor and I put together just some thoughts and some suggestions, ideas. First and foremost, the fact that Old Beach is being singled out as the only area in the beach, that would require a short-term rentals to be someone's principal residence, I just do not understand that at all. Effectively, we are saying, we are not going to have any short-term rentals. There are many people including myself and again I have told you, we have invested millions of dollars in Old Beach and we do not own all of these properties, we do sell some. But, the ones that we do own that is out the window down for us, and many others that you're going to hear from here today. And, I do not understand why that would make for a better experience, just because someone is their principal residence and very likely they are not even living their while the rentals taking place. So, at any rate, that is one it certainly we do not agree with. And, the next paragraph noise and trash, again I do not think that some of the other speakers have said that there is really any evidence here that there is a real problem issue with specifically with just short-term rentals in that regard. But, if we need to have more trash cans we will buy more trash cans and that is fine and that is going to help solve the issue, I do not know, I am not sure. It does state in the ordinance that the short-term rentals are needed resource in certain areas of the city located in close proximity to venues, districts, and areas that generate high volume of people or visitors. Where else in the world is a better example than Old Beach, we were right down the others ordinary. I mean, that to me is a perfect place, and now we have the new sports complex, all these families come to the sports complex sure some are going to go hotel, but not all want to go to hotels, there are families traveling here. They want a safe environment, they can come, maybe cook some meals in the house, and we provide that for them in very close proximity. The ordinance change about imposing fines, that is fine because if you want to make bigger fines we want to be the model example for professional managed short-term rentals, so, we do not plan on breaking rules. And, if we do and there is a larger fine so be it, so we are okay with that. But, the end there are opportunities to consider certainly the OR Oceanfront Resort, I do not feel and neither does my partner feel like that should be even included as a conditional use permit it is just going to bog down the system there is hotels and motels all over the OR and I do not feel like that should be even necessary. The second page there, that I did speak to just a little bit ago and we are referring to as an approved short-term rental zone again Baltic Avenue East is what we are recommending and that is where the guests want to go. They want to be down and they are close to the resort area. Professional management, I can tell you all of our rentals are 14 professionally managed, I think that is key. There are many people out there trying to either do it themselves or maybe some of these people that live in their home may be trying to do it, but there is no substitute for professional management and all of ours are that way and I would suggest that maybe there is a way to incorporate that in the ordinance that they need to be professionally managed. There is a workshop and that you all had and just talking about a couple points there, parking there was a discussion about garages, okay garages should not be included. I can tell you in our properties that have garages that can fit a car, we use them, in someone's home you are going to put stuff in there, beach tear, bikes, or whatever may be, but in the short-term rental you do not need a place for all that stuff. So, we might have a couple beach tears, but that is about it and, so, we do use them for parking I would suggest that that would be something that should count. Number of stays a week, right now the ordinance is two stays a week and I think that it is a great compromise. Not everybody can afford a week's vacation,t here is plenty of guests that want to come to Virginia Beach, but they can only do a long weekend three or four days and so, I think it is totally appropriate to be able to allow for that. Number of occupants, right now currently three per bedroom. I know speaking for myself and my partner I would be fine if we limit the house itself to 10 or 15. We are not looking for the big mega events and that that kind of goes to the next item events. We do not want the big parties, we actually prohibit parties in our homes. So, again, that is just something that that we are not interested in,we are happy if we want to reduce the number of people, you think that would be helpful. Our typical profile of guests are families that are traveling here to the beach, one last thing on signage on the back. Ms. Oliver: I am sorry Chris. Mr. Edel: Eddie told me I had 10 minutes, so, I guess I can have 10 minutes. Oh it's 10 minutes? Oh my god, I am sorry. Alright, thank you all. Mr. Landfair: Madam Chair, the next speaker on this item is Steve Bishard, followed by Joyce Sico. Mr. Bishard: Good morning. Thank you for allowing me to speak, I have some handouts. My named Steven Bishard, Bishard Homes in related entities. I just want to speak about in general, the short-term rental ordinance proposal, I feel like you should give it a time to season. Give it time to see if it works. We really have not had a chance to see if the recently adopted ordinance is going to work or not. Anyhow, about 15 years ago at the request of Karen Lesley the Zoning Administrator in the past and Barbara Yates, I was asked 15 to serve on the Old Beach Overlay District Committee to come up with a compatible residential redevelopment ordinance that would do away or try to do away in the proper way of three storey box duplexes and successfully served on that committee, and I think we can say that we have seen the results of the resiliency and the transformation that is taking place in the Old Beach Community by number one the city, number two the community, and number three private business developers working together, and I appreciate the comment it is like a prerecorded speaker earlier, the best way to deal with this is when all the parties come together, partner together, listen to one another and come up with agreeable solutions to a business enterprise short-term rentals. That is a needed way for families to vacation. Some of them do not want to go to hotels. Some of them want to go to homes, I prefer to go to homes, my wife loves to go to homes, particularly in an environment like COVID-19, I would not want to go to a hotel, I want to go to a house that is just recently been cleaned and it is safer for people and people feel better about it. Anyway, over those last 15 years since 2005, when that committee started and successfully produced a great ordinance. We have done a tremendous amount of redevelopment you will see it in the packet. We also acquired tremendous amount of rental properties, when we bought these properties, we took them up to the next level of standard. We did not leave them as blighted properties, we brought them up. I will say that many of the properties that we purchased though, very much were blighted properties. As Chris Edel mentioned I echo what he shared today. Some of these properties we bought their rentals that rented for $600 to $800 a month. There was a high turnover rate and they were problematic. Since, I have entered the short-term rental business it has not been that long. I can tell you that the management company that I have, same one Chris Edel has stellar performance, had no problems. They are proactive and matter of fact, the management company that we use to hire lives right in the Old Beach community. I mean he walks, rides his bike through the community, checks on the properties that he manages. So, I think, management, I think you agree is a critical component, the proper proactive management of these properties through a professional company. So, as I was saying we have recently entered the short-term rental business hired Knob LLC, lives in the Old Beach Community and they found that the short- term rentals have less management problems, less calls than year around rentals have. We are having a much better time with a lot less problems with the short-term rentals from a management perspective. And, the spirit of me being up here today is a spirit of partnership. When I served on the committee in 2005, I embraced what they wanted to do and had been 16 working in that community since then, buying rental properties in that community since then. And, I see myself as a resident, not Old Beach I live in Lincoln Park, but a resident of the city that really cares about that community. I do not want to see that community, go down. I think actually what has happened is it is going up and the short-term rental business is helping that, I do not see that it has hurting it. I have asked the question with an open mind, how many problems have you seen in the Old Beach Community ,this is from the management company I was referring to, has not seen a problem in the Old Beach Community, you can speak him later. I am not sure he has had to evict one person had to have a police to a property. So, we appreciate the desire, but I just hope that we will open up to what the reality really is, come up with a viable solution through partnering with the community, businesses, and the city that is working hard on it to have a solution that we can go on with. One of the ideas that that came up was having a short-term rental sign on each of the short-term rental properties, that if somebody does have a problem they can call the management company, very quickly. This will be a uniform, attractive, standardized sign that we could have throughout the Old Beach. If you have a problem just call the management company on the side. Again, manager lives in the neighborhood. One of the things that I have seen since I have entered the business, the expenditures to keep these properties at the highest level, they are up there. I mean we are spending some serious money to take landscaping to the next point, to the next level, decks, any kind of amenities that people might want, we are spending a lot more money than we do year around rentals and we need to. Some of the suggestions, as I mentioned before, what about a taskforce, a committee to come together, guys like myself, Chris Edel, and others, will meet with the community of the Old Beach. Be glad to meet with them and come up with something that works for example, anything East Baltic Avenue with a Baltic Avenue address east to the ocean, maybe that is a buy right short-term rental. If it is in some of the more year around residential streets maybe that is a conditional use permit. Consider giving it some time for this ordinance to really sink in and see if it works. I really do not think we have given it enough time to see if it works and if it does not work, I think we can find some solutions to make it work. In the spirit of partnership, our company just wants to be a model, an example for how to manage it, to be responsible, willing to give our phone number out. I have met with a few of the Planning Commissioners, we are here, I mean we live close, want to talk to us management company is not doing it we are here. We are available and we will be available and continue to be so. I just want to close 17 by pointing out two properties on this handout I gave you. You can take a look. I think on your handout a little different than my handouts as far as the way it's laid out. Take a look atpage six, and then we will go to page seven after that. We bought this property at 501, 504, 25th Street and 2500, 2512, 25-1/2 when we bought it, guy was running a gambling operation there. I knew it because I knew somebody who kept going to it, it is a friend of mine I grew up with and he was running a black market gambling operation there and he had five or six little shack units I guess the people that would come and gamble there and would stay there. We bought this property, turn it into four beautiful houses. Now, we sold these houses but nevertheless this is really enhanced the neighborhood in a dynamic way. And, then if you go to seven, this is a property many of you have seen across from the Old Beach, very nice Middle School on 24th Street, Mediterranean Avenue. This is an individual that I bought from, he owned these two houses and had a lot of people packed in his house, way more units than what we put back on it. We put six units back on it, we did again sell these but this is an example of how you can take multi units, reduce the density, and you can either sell them, you can rent them year round, or relate to this specific meeting today, you can do short-term rentals. We own a property at 426, 23rd Street recently and I thank you, you all approved the short-term rental application for us, has three units on it. If I see, it makes sense I am going to tear that old build down and put two units on it, brand new homes and might be a way for me to redevelop a neighborhood that Barbara Yates back in 2005, was proactively and actively eager to redevelop with the community. So, anyway, I appreciate you listening, do give it a chance, I think there is an opportunity to have a win, win for everybody in the situation. Thank you. Ms. Oliver: Thank you. Yes, I am sorry, go ahead. Mr. Redmond: Mr.Bishard, do not come back up, but I wanted to respond to something that you said I think it is something that there is just repeating and a lot of thought I am a sucker for landscaping. I do not think it is that complicated stuff, but it makes an enormous difference, and to you and Mr. Edel and to the other folks who do this, I know that you do a good job of it. And, I would just like for the general good to say, if you take a property and you make it the sparkling property on the street, it is very difficult to be villainized.And, a lot of the people who might otherwise criticize or complain or have a problem with anything that you do are pretty easily disarmed when they can trash their own place to the sparkling house on the street or houses as the case may be, so I appreciate you bringing that up, I do think that landscaping particularly intensive, well designed, appropriate landscaping 18 can make a big difference in the appearance of these properties. And, I think that makes a giant difference in all of our communities, not just Old Beach or the Oceanfront or Shore Drive or anywhere else. So, I appreciate you bringing that piece up and I repeat it because I think it is something that we all want to keep in mind, and in the development community particularly that is a difference maker and something I think can kind of help carry the day forward. Thank you. Ms. Oliver: Thank you, Mr. Landfair. Mr. Landfair: Madam Chair, the next speaker on this item is Joyce Sico, followed by George Sico. Ms. Sico: Hi, I am Joyce Sico, and I am 70 years old and I am retired, and my dream has just about come true, because I owned when you get the flyers, the property in the top picture, which was 2606 and 2608, and it was about a 50-year-old apartment building that was really good to be a chore to keep fixed and I worked with Chris Edel and we developed it into four single family homes, and the landscaping is beautiful on most homes I might add and I kept two for myself. And, they are leased yearly I do not do weeklies, but in the future I do not want to be an owner occupied at this time. I will in the future probably in about five years, I plan on living in one. And,I will either do weeklies in one or I might live in mine for nine months and do weeklies and all the three months in the summer and travel and that is really my dream. I have worked for over 25 years, keeping this property in shape and then developing it. And, I have a daughter in New York, who will eventually owner occupy the second home. And, she is the only daughter I have left, I have one grandson and one great granddaughter, and that is my dream to have my family here something to hand it down to them. But, with the new ordinance, I could not really do the weeklies like I would like to until that point. So, thank you very much. Ms. Oliver: Thank you, Mr. Landfair: Madam Chair, the next speaker on this item is George Sico, followed by Frank Ramaekers. Mr. Sico: Good afternoon. I am George Sico, I have the property on 400 and 402, 26-1/2 Street. And, originally, as we said before it was eight apartment units, we did summer rental for 25 years and we only had three parking places, and the whole thing we coped everybody we worked with it, and we did not have a big problem with it. Nobody really complained even our neighbors did not. So, we decided to redevelop it because the lifetime of the building 19 was pretty much it was his lifetime 50 years. My wife said we are planning on living in one and sometimes rent the other one out for a short-term rental, the way it stands now, I would not be able to probably do that, but the property changed now. And, the thing about the parking is that we have had construction on the Hyatt on 27th and Atlantic and is not complaining about the parking, since they have been all summer long. They cannot use the parking lot at the Hyatt because that is been used for the summer. So, they come down and contractors are parked all along Artic Avenue and 27th,right in front of our places, which has not been a problem, but I do not know about the problem with the parking with the short-term route. If they had more than two cars, they had three cars there is still room to park, if you want to on the street it is a matter of just opinion and where you are going to park the cars. And, there is garages too which I do not understand why you cannot use a garage as a third parking space, you have got room for three cars, not two in the driveway. And, I just do not understand this, how we are going to go through all this again. But, anyways, that is my statement. Thank you for hearing me. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Frank Ramaekers, followed by Eddie Bourdon. Mr. Ramaekers: Okay. Our family purchased two residential homes 318, 27th Street. First of all, I am Frank Ramaekers III. I reside at 429, 26th Street in Virginia Beach in the Old Beach neighborhood. Our family purchased two residential homes 318, 27th Street and built in 1935, which you can see on the second page, it is a great home. And,429, 26thStreet built in 1939, both homes have been placed in the Virginia Beach historical register with bronze plaque attached to both homes. The homes have been remodeled and preserved in original construction dating back to the 1930s, does preserving the Old Beach neighborhood. They are kept in immaculate condition to appease our guests and to develop superb curb appeal for the Old Beach neighborhood. 429, 26this my permanent residence and is shared during the summer months with guests who visit Virginia Beach ad surrounding area. 318, 27th Street is a short-term rental year around 365 days a year. We also have a 10 unit apartment complex located on 26th Street, which is kept in immaculate condition every single blade of grass is cut perfectly. It is our neighborhood, my neighborhood, my three children, my wife, and my parents also involve and residing in this neighborhood and it is important to us that everything is kept perfect. I also host numerous homes in Old Beach neighborhood and I use the term host because I interact with the guests to 20 be sure the visit to our city is excellent, is flawless. Every guest when they enter the home, receive a binder. You look in the last page, you will see what it states. Upon the arrival of guests we see this binder and they agreed to the rules and regulations, which they are stated here in the binder and they also agreed to them electronically when they make the reservation through Vrbr Airbnb. I just want to publicly state these rules and regulations which guests agree to, it says "hello guest, thank you for choosing our home, welcome to Virginia Beach to beach life, relax, and enjoy. Check in time is four and checkout is 11, please make note of these times as our cleaning staff needs this time thoroughly cleaned and sanitized the hall." Especially during this time COVID-19, our guests appreciate the homes because they are thoroughly sanitized, we do a CDC recommended cleaning in the homes. Your home is in a residential area and your neighbors reside here all year. We understand you are here to relax and enjoy our beautiful beaches, but please respect their privacy and the Virginia City Ordinance of quiet hours from 10pm to 7am. Virginia Beach City violation of these quiet hours will result in immediate departure. I have had hundreds of reservations through our homes in the homes that I also host, and I have not had any problems, zero problems with the guests. At this current time, I have over 100 guests, my phone does not ring. So, I do not understand why the ordinances must be changed because I have zero issues at the present time .Down at the bottom parking, designated parking is provided for you. You may park two vehicles in the driveway, one vehicle in the garage, please do not block the sidewalk, as it is disrespectful to the pedestrians and our neighbors, you will be towed if blocking the sidewalk. If you need additional parking please contact somebody "me" and I can direct you to the parking. There is a public parking garage on 25th street, I direct individuals there and I tell them it is $20 a night and in New York City's $100 a night. And, that is where they park at if necessary. We always the parking is controlled thoroughly. You guys have any questions, I appreciate your time. Ms. Oliver: Thank you very much. Mr. Ramaekers: Thank you, I appreciate it. Mr. Landfair: Madam Chair, the next speaker on this item is Eddie Bourdon, followed by Samuel Jones. Mr. Bourdon: Thank you Mr. Landfair, Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney I do not have a handout. The first thing I want to talk about is, I want to say, Mr. McGee's comments 21 on item 18, because I and my clients do not have any problems with the fines, but his one comment was spot on not to say, other ones were not. The fact that we are putting a scarlet letter on short-term rentals by having these fines that only apply to short-term rentals does not make sense to me because I guarantee you, I have not asked Mr. Kemp, but I guarantee you, we have a lot more problems in this city with code compliance with long- term rentals. Okay. No doubt about it. So, the fines should not just apply to short-term rentals they should apply to any property that is rented. This short-term rentals are not anywhere close to the problem of compliance as long-term rental or the yearly rental. That is even completely not arguable. Okay, on number 19, the grandfathered or I consider they are legally nonconforming. I will just simply say that everything else that deals with legal nonconformance pretty certain goes to the Zoning Administrator, the Board of Zoning appeals to court. I am not really sure why the Planning Director is the one making the decisions on these on the 2600, short-term rentals that are grandfathered or legally nonconforming. It seems a little bit odd to me, but anyway. And what constitutes abandonment, there is a lot of different tentacles to what constitutes abandonment as well. And, there is legal precedent on that issue when it comes to nonconforming use and the abatement of nonconforming use. And, I think that is why it belongs in the Zoning Administrator BZA, quasi-judicial BZA, and court. As for the changes to the ordinance the findings, characteristics of the neighborhood Mr. Grockmal it is a false narrative that he put out there, because what is residential short-term rentals are residential, long-term rentals are residential, and short-term is less than 30 days under your ordinance, and owner occupied it they are all residential. Maybe, there is a distinction between owner occupied single family and rental, whether it is short-term or long-term, I would submit that short-term, the vast majority of cases is a better situation when it comes to the upkeep maintenance etc. of the property than long-term, especially in areas like Old Beach, which have needed for decades redevelopment. So, characteristics of a neighborhood or portion of neighborhood like Baltic East which is probably 75% rental and has been forever. What is the characteristic, it is not single family owner occupied, which I would submit probably is close to the majority it may well be the majority on those areas West of Baltic and Old Beach. The idea that Old Beach should be dealt with differently than Lakewood or Sea Pines, or maybe even Shadow Lawn, the Shadow Lawn is different. I do not understand why we are doing this part of the Oceanfront Resort and not Lakewood to the South and Sea Pines to the North of 31st Street. But anyway, and I said this at the workshop under number four, this needed as 22 a comp plan term, it should not say needed. We should not be in the business other than a comp plan of suggesting what we need or we want. It should be compatible resource, not a needed resource, although it is needed in Old Beach for the portions that we have talked about and it is also needed on 21st and 22nd Street as I have said previously, Norfolk Avenue other main thoroughfares. Arctic and Baltic, no matter what you say.it does see on a nice job with trying to calm the traffic, but that North- South corridor of Arctic and Baltic, there are going to always be heavily trafficked. And, it is different than once you get West of Baltic ran into Barbara Yates, I was going to relate this at the workshop and did not have time. At the vet about month and a half ago and Mr. Bishard and Mr.Edel have been involved with Old Beach from a legal standpoint, but Staff and Karen Lasily, etc. has been a great process over the years, and the first thing Barbara said is, can you believe how great Old Beach is looking. I cannot believe that Artic Avenue looks as good as it does. And, Barbara has done even that and I said Barbara, yet it has been fantastic. You do realize that short-term rentals has been a big part of that Arctic, because Arctic and Baltic just like 21 st and 22nd always been a thorn in the city side in terms of how do we get that to redevelop and putting more density, was the old way and it turns out we can do it with less density, because of short- term rentals and she said you know I do not like short-term rentals but I got to say Arctic Avenue is looking extremely good and I did not think I lived to see that happen. So, this idea that the Chairperson said this morning that Old Beach has been hit hard by short-term rentals, I am not seeing that whatsoever. And, we are seeing a reduction in the number of units on a lot of these, and with the occupancy restrictions that apply to short-term rentals that do not apply to people renting for more than 30 days in the same neighborhood. And ,that is in here too, some of the languages a little questionable I think some time needs to be spent on working on it, but we are not at all opposed to the fines and really not particularly opposed to the stuff in 19 although, again I do not think it is as good as it should be. On the Old Beach part, it looks to me like it is a solution in search of a problem. There are 2600 short-term rentals that are grandfathered legally non- conforming. There have been 196 applications filed for short-term rental CUPs since the ordinance went into effect. That is 7.5% of the ones that already exist. The short-term rentals that have been approved by council 62,that is 3% of the short-term rentals that already exist. Our statistics that I have that were presented to RAC and some of the people by the city, so, there has been 63 short-term rental applications in the OR District. There is no OR District in Old Beach I do not know where those have been 23 because I have not seen them. And, as I have said previously, why short- term rentals CUP is needed in the OR District is beyond me it does not make any sense at all. It is not a "neighborhood" as everybody uses that term. So, it does not make a lot of sense, but most importantly there are only 28 short-term rental applications, 1% of those that exist that have been submitted and I believe acted upon or in the process of being acted upon in all of Old Beach 28. That is my point of a solution in search of a problem. That is 1% of the existing short-term rentals and then Old Beach is just a small subset, as I said earlier, of the Oceanfront Area and I do not know why it is being dealt with separately from Lakewood, Sea Pines, or potentially Shadow Lawn. Also, city statistics show there are other short- term rentals in the city, there are 29% in the Beach District, 29%. Now, Princess Anne has the largest cause of Sandbridge, but that is still not an overwhelming percentage. Old Beach is finally experiencing at a more rapid pace, a long overdue and long encouraged by the city redevelopment. It is an organic redevelopment, city has helped, but it is mainly the investments that are being made by not just the folks that are here but there are others as well, Ken Hunt comes to mind. Do in large part to short-term rentals and many with an accompanying reduction in density, and certainly a better control over who is there and what they are doing, what they are spending. They are going to spend more money at the resort, because they are here for a vacation. And, you or I would come down and stay on Baltic or Arctic or 21st or 22nd street or Norfolk Avenue for four or five days or a week, but somebody might not really want to live on those heavily traffic streets 365. It is different from back in the area where there is not a lot of traffic. And, as a Commission has a city we should be a little bit more thorough in how we try to, we do not want to kill the golden goose and that is what this really is in some parts of the city, not necessarily in Croatan, not necessarily at the North End, but here in these areas that have been blighted in for years needed redevelopment. It is a great asset and truly same is true for Lakewood, and the other areas there, we should not be putting a scarlet letter on something that there is no evidence is a big problem. Lastly, the idea of by right owner occupied makes no sense to me. Okay, they just want to use from it too because what if you have some people it is great, I have one in Croatan and I would not get all details but bottom line, a lady with a baby by a new husband, a 13-year-old daughter they were renting out rooms in their house a year, this was going back four or five years ago. I had everybody in my block, what can we do this is crazy. Why would they let people move in the house for a weekend with their infant and a 13-year- old daughter. So, owner occupied short-term rentals can be great, do not 24 get me wrong, but it is not a panacea. It should be governed by use permit as well. Ms. Oliver: Thank you. Mr. Bourdon:Thank you. Do I have to answer any question? Ms. Oliver: No, I think. Thank you, though. We will be back. Mr. Landfair: Madam Chair, the last registered speaker on this item is Samuel Jones. Ms. Oliver: Thank you. Mr. Jones: Good afternoon. I hope you guys can hear me. I appreciate the opportunity to speak. I guess, I was 22 years old I left Virginia Beach and it is been six years of my life commercially fishing in the North and South Pacific. I started a family in 98, and bought a triplex on 27th Street that same year, since then I have moved to the 500 Block of 26th Street. So, I have been living in Old Beach now for 22 years. I am late to this party, but I spent last night watching the July 8, meeting with the Planning Commission. I am a small business owner. By day I wear toolbelt. So, in reality, the properties I own in Old Beach are my retirement. One of the concerns I am addressing you guys, I guess it would be agenda 20. In the future, my triplex is rented yearly at the moment and has been since 2001 .At some point, I may want to look at doing short-term rentals. These gentlemen to my right and in the back, they are obviously having success. The Old Beach Overlay has made my neighborhood better. Some may say I live in a blighted home I live in a little three bedroom and one bath that was built back in 54. I am not ripping it down, I like my backyard. And,I am going to continue to update it. In the past year, my wife came down with breast cancer and through this whole transition our dream is possibly to rent our home and maybe go to France for a couple weeks in the summertime. But what I see if you really want to look at Old Beach and look at really who owns the properties and the number of short-term rentals, the number of annual rentals I think a lot of the tax records show that a lot of LLCs, own a lot of properties. I would vary to say that the permanent homeowners are in the minority and it is a very cool little neighborhood. I play tennis on 26th Street a couple times a week, I surf out front. But, with that said, I have for short-term rentals between on Mediterranean right. In the 600 block and the families that do rent those home walk by past my house every day going to the beach and it is kind of nice seeing people go walk and go to the beach. This morning I stopped a couple and presently painting and redoing the hardwood floors and my rental on 27th and they are doing three days, they are spending $300 a 25 night they are from Richmond. They are actually staying in not a very nice unit. So, we have a pretty big we got these brand new homes that Chris Edel has developed and then we still have some older stuff that is considered blighted. That may not ever go away or maybe not transition out as soon as the public wants. So, I want you guys to consider and respect the older residents and the possibility of being able to use the properties that we have invested in for future. And, there should never be a cap on the number of short-term rentals or weekly rentals, because even if it's East or West of Baltic .And, then on the agenda 20, I think that again I hope you guys taking consideration any type of future investments and in future people wanting to do short-term rentals and not alienate them if the numbers, there is too many in the neighborhood. I honestly as a resident, we are different than Shadow Lawn and we are different than North End. We are very close to the hub of the oceanfront and at the moment it looks like we are doing a good job of creating a nice neighborhood for short-term rentals, weekly rentals and even annual renters, and homeowners to live in. So, anyway, thank you. Ms. Oliver: Thank you. Mr. Redmond: Excuse me for a second, I did not catch your name at the beginning. Mr. Jones: I am Samuel Jones. Mr. Redmond: Mr. Jones, you are not late to this party, I thought your comments were very valuable and I also want to say, we wish the best for your wife and your whole family. Mr. Jones: Yeah, thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, at this time we would like to ask if there are any other speakers present either in the lobby, or in the chamber that would like to speak. Anyone? Mr. Sanders: No one in the lobby. Mr. Landfair: Okay. It would appear that there are no more known speakers. Ms. Oliver: Okay. Well, I think we will close this now and then up our Planning Commission. 26 Ms. Oliver: Yeah, let us close it and then we will open up for discussion and we will move through these one at a time, and do we want to wait for Mr.Redmond to come up we want him to catch up. Mr. Weiner: I would like comment if I could Staff anyway. I do not have problem with fines, but Mr.Bourdon bought up a good point. Why are we just picking on short-term rentals and there is a lot of other rentals out there in the city that have problems, long-term rentals. I mean I know why are preying on short- term rentals, but we thought about that about long-term rentals too. Mr. Tajan: As my understanding that because of the turnaround on short-term rentals and that the regular zoning enforcement process of a 30-day notice, and then going to the Board of Zoning appeals for some of these issues is a bit cumbersome and by the time someone gets through that process the season is over, and they are no longer renting, so, they are in compliance. So, part of it is the ability to as allowed by state code for certain zoning violations, they can become civil penalties which is what this is going for we use this currently also. We have the ability to utilize this for signage as well, but this follows what is permitted by State Code. Now, as far as this is a subset in the zoning ordinance, there is an subset in the zoning ordinance that talks about rentals. So, this is going in based on the utilization of a property as a short-term rental. Mr. Weiner: Follow up real quick to that, why are we including Sandbridge in this mean, I mean another part of the ordinance, but I mean why would we include Sandbridge on part of like they are in little entity down there and so forth. Mr. Tajan: The zoning ordinance requires that anyone operating a short-term rental comply with section 241.2, which includes the portions that we deal with grandfathering and also the performance standards. Mr. Weiner: As I was just ask the question. Okay. Ms. Oliver: All right, so we are going to start with 18, and do we have any comments on this one. Mr. Redmond: I echo David's comments it seems to me rather unfair. I mean I heard your explanation, I just do not know that I buy it very frankly. I do think we ought to enforce far more in the city than we do. But, it just strikes me that we have different standards, so make a difference if you are violating the law in some way, whether a renter is there for 31 days, whether there for seven, I do not know that is particularly fair. I will say at the outset to, I mean I thought I have heard everything, but this is very educational session today, 27 and I listened to every single word. But, I am more discombobulated than I was when we began and I have objections based on what I have heard to everything Ms. Atkinson I was perfectly okay with the grandfathering until Ms. Atkinson. What is wrong with the lander does not it, I never thought about that. So, if you decide you feel like living in your own house instead of renting it for a couple of years, you cannot go back to renting again I do not know how that makes any sense, any case. So, I got a whole bunch of objections that I am not going to support anything today, because I think Mr.Weiner I hope anyway if I have read them correctly sure it is my view, but there is way more going on here than we can make up on the fly. Ms. Oliver: I am going to interrupt you and I am going to let the attorney speak for one second. It can happen all the time. Mr. Redmond: I get it all day long. Ms. Oliver: Its okay. Ms. Wilson: I understand about civil penalties. Right now if you have a zoning violation, which is what these are, when you violate the zoning ordinance you are charged with an unspecified misdemeanor, it is a misdemeanor when they say have you ever been charged with a crime, you have to put down, yes, because it is a misdemeanor. Now for zoning you cannot go to jail, that is why it is an unclassified or an unspecified misdemeanor. But, it is a fine up to $2500. $2,000? Ms. Wilson: $2500. Anyway, so we feel that a bigger penalty on someone, than someone going through the system and having a civil penalty. They still have due process. We send you what looks like a summons, it just says the violation is this, the penalty is this, the $200. If you want to pay it, you go down to the treasurer's office and you pay it. And, it goes into Planning's budget under short-term rentals under civil penalties. If we did not do this then people would have to go through the regular process, which could potentially give them a misdemeanor. Now, we do not want to give them a misdemeanor on their record forever for some of this stuff. We felt it was a way to make it easier on people who have violations. Because a lot of the things are not earth shattering, but there are other things that also have civil penalties in the zoning ordinance, SANS are civil penalties. There is a philosophical issue. Mr. Redmond: We do not enforce the sign thing just so you know, we talked about that earlier. 28 Ms. Wilson: Yes, they are. There is a philosophical debate between which is better, civil penalties to get people to do things or criminal penalties, and it is philosophical more than it is concrete. We have looked at going to civil penalties for everything, but many people feel that criminal penalties are things that require people to more readily bring their property into compliance. If they have variance requirements, so they have setback issues and they have other things. So, that is why we went to civil penalties, because it was justifying. Now it is only $200,if you have a regular fine from a criminal violation it could be up to, I think it is $2000. But, that is why it was done, it is not something that is brand new or never been thought of and you still get due process.As if we decide, hey I am not paying that$200, I am just not paying, come on over to court. Tori will be there and she will prosecute you just like it was a criminal violation, except her standards, the standard for proving it is lower for the City. Ms. Oliver: Okay. Mr. Redmond: I thank you for that, I still share David's view, I just do not know that is consistent, so, I have a different view of it. So, anyway, thank you. Ms. Oliver: Yes, Mr. Graham: I agree with Mr. Redmond, I thought it was great to hear from these speakers. Full disclosure Mr. Jones back there I went to high school with him. And, he grew up in Virginia Beach he went first colonial High School, as I did. And, I am sure that he is surprised it how revitalized that area is today compared to what it was back in the 80s, it is very different. And, hearing the speakers, I mean, they have taken places and you look at these pictures, they took places that were eight units and converted them into two houses, the before and after pictures. I mean, this is short-term rentals have been the economic engine of that area they have to completely transform that area. I am torn with short-term rentals in other areas like your traditional neighborhood, but here close to the beach I am not I think that what has happened over there is great. And, I agree with Mr. Redmond. I do not know that there is anything in here you can support today, I think this thing is being rushed through I think that more thought needs to be given to it. Ms. Oliver: All right. No disrespect, but we are going to do 18, because I just do not want. Mr. Weiner: We got to do 18 first. Ms. Oliver: We got to do 18, we got to do them separately. 29 Mr. Graham: Okay. Ms. Oliver: And, so that we can focus specifically, kind of where we are and what we are addressing. Robin. Ms. Klein: I understand the argument for 18. However, since it is currently a criminal penalty, which I disagree with, I do intend to support the transition to a civil penalty, at least in the interim. Ms. Oliver: Okay. Perfect, right. Yes, Don. Mr. Horsley: The whole thing was civil criminal penalty it did not make much difference to me, other than the fact that the enforcement is the whole thing. And, cannot see that changing this penalty is going to make anything, I do not know where the enforcement is going to come from. I just do not think we have to staff or whatever to enforce it regardless of what it is. I mean, the civil penalty versus criminal penalty, I mean it is minor penalties is as that is fine with me I do not mind that, but what is the people that have put this issue up what method of enforcement have they come up with to help enforce with any type of penalty. Because, we do not have the staff now in order to do it now evidently. Mr. Tajan: Mr. Horsley, you are correct currently right now we are working as best we can with what we have and we do have three additional positions that have been kicked free from the hiring freeze to allow us to focus on this as well as our contract with host compliance. So, Mr. Kemp and I was in a meeting with the City Manager discussing other ways to add to our enforcement capability, whether it be a third party or to figure out a way to fund the ability to have someone to be out there on the weekends to go and enforce these requirements. So, it is not something idle, we were not just tossing the words out. We are also working as far as staffing and finding other solutions that are available to us to do the enforcement. Mr. Horsley: I mean, I see this with other things not just short-term rentals enforcement or other thing. People complaining to me all the time about various things and said why did not the city take care of this and I said, well, I guess we just do not have the people to enforce the code. So, regardless of what penalties we put up there, I think that is something that somebody on Council or somewhere has got to come up with a way to provide more enforcement to use those. Ms. Oliver: Well. Yes, Mike. 30 Mr. Inman: I certainly think civil penalties makes more sense than the criminal penalty on this kind of thing and I think we can support that. Ms. Oliver: Right. Mr. Inman: I would support that. Ms. Oliver: Alright. So, do I have a motion for 18? Mr. Inman: I will move approval of 18. Ms. Wilson: I will second. Ms. Oliver: Great. Marchelle will you call for the question please. Ms. Coleman: Sure.lf you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. 31 Ms. Coleman: By recorded vote of seven for and one against Agenda Item 18 is hereby recommended for approval by the Planning Commission. AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE NAY Wall ABSENT Weiner AYE CONDITIONS Staff recommends approval of this Ordinance. This amendment will make enforcement of the Short Term Rental ordinance more efficient and timely. The ability to issue civil penalties (fines) for violations increases the zoning inspectors' ability to regulate short term rental use, without having to navigate the somewhat cumbersome court process involved with criminal misdemeanors, as the ordinance currently requires. 32 arCIA c' h� It J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 1903 ALLOWING CERTAIN SHORT TERM RENTALS AS PERMITTED USES IN THE OLD BEACH OVERLAY DISTRICT MEETING DATE: September 15, 2020 • Background: This Ordinance is sponsored by Councilmember Guy Tower, Beach District, and was referred to the Planning Commission and considered at the August 12, 2020 Planning Commission public hearing. The Old Beach Overlay District was established in 2005. The purpose of the District is to preserve and enhance the historic status of the Old Beach neighborhood as one of the first residential areas within the Oceanfront Resort Area. A number of different zoning districts permitting single-family, duplex and multi-family development exist within its boundaries; however, the overall character of the neighborhood is residential. Currently, Short Term Rentals are a conditional use, unless grandfathered, in the Old Beach Overlay District. Since the implementation of the Short Term Rental Ordinance on November 1, 2019, more than thirty(30) applications have been submitted in this Overlay District. Concerns have been raised regarding their negative impact on the residential character of the neighborhood. The proposed amendment would allow Short Term Rentals as a permitted use by- right in the Old Beach District; provided however, that certain criteria are met. These criteria are thought to limit the number of new Short Term Rentals as well as their impact on the community. The two criteria that must be met are: (1) all requirements of Section 241.2 of the Zoning Ordinance must be met, and (2) the property must be the principal residence and owned by the operator. If these criteria cannot be met, Short Term Rental use is not permitted on the site and a conditional use permit cannot be applied for. This amendment would allow for one Short Term Rental per property owner. • Considerations: Permitting Short Term Rentals as a matter of right will alleviate the number of conditional use permit applications considered by City Council, Planning Commission and evaluated by Staff, which has been burdensome to this point. By making operation of the Short Term Rental contingent on meet all requirements of Section 241.2 of the Zoning Ordinance, as well as requiring the property to be the City of Virginia Beach —Short Term Rental- Old Beach Overlay Page 2 of 2 principal residence of the operator, Staff is confident that this amendment would mitigate the potential negative impacts that residents of the neighborhood have brought to Staff and City Council's attention. Following a lengthy discussion, the Planning Commission recommended approval of the amendment; however, modified the areas where the principal residency requirement would exist. Planning Commission recommended that all properties east of Baltic Avenue, including the properties with property frontage on Baltic Avenue, would be permitted as a matter of right if all requirements of Section 241.2 were met. All properties west of Baltic Avenue would be permitted by right if all requirements of Section 241.2 are met and the property is the principal residence of the operator. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Opposition was present at the public hearing. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, amended as described above. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 1..11LL- City Manager: fli-0 1 AN ORDINANCE TO AMEND SECTION 1903 2 OF THE CITY ZONING ORDINANCE 3 ALLOWING CERTAIN SHORT TERM 4 RENTALS AS PERMITTED USES IN THE 5 OLD BEACH OVERLAY DISTRICT 6 7 Section Amended: § 1903 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1903 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1903. - Use regulations. 20 21 (a) Principal uses and structures. Subject to general requirements and to the 22 regulations of the underlying zoning districts, all uses and structures permitted as 23 principal uses in the underlying zoning districts shall be permitted as principal 24 uses within the Old Beach Overlay District. In addition, the following use shall be 25 permitted within the Old Beach Overlay District, although not allowed as a 26 principal use in the underlying zoning district: 27 28 (1) Single-family dwellings. 29 30 (2) Ancillary single-family dwellings, located on the same lot as a separate 31 single-family, in the R-5D Residential Duplex District, any Apartment District, 32 and any Resort Tourist District, subject to the requirements of sections 33 1904(b) and 1905, and provided further that a single lot with a single-family 34 dwelling and an ancillary single-family dwelling shall not be subdivided to 35 create a separate lot for each dwelling. 36 37 J Short term rentals meeting the following criteria: (i) the owner of the property 38 must declare and use the property used as a short term rental as their 39 principal residence; and (ii) must meet all the conditions required in section 40 241 .2 of the City Zoning Ordinance. 41 42 . . . . 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2020. 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: qia_ (j1K_DaV`-) P nning epart nt City Att 's Office CA15060/R-3/June 1, 2020 2 _2 B-2 y OR OR OR N OR Beach Garden -5D Park R OR W �5E OR m R-7.5 / Q OR ORS a n OR Sao R-5D un F �,t A-36A-12 2-1 A-36 A-12 OR A-36` P_1Olt 2�zn;t OR A-18 ', Ac ,6 A2A %% R-5D / _ illa A_1 , , p-, Al2 21its i , OR R-5D1111 Alt �.n 5t A-24 OR 25 A-12 Lb ,,,,, R-5D R-5D , A-36 • 2blh St A-12 A-1211 R-5D OR R-5D*A-12 A-12 A-36` Virginr,� a A-12 '` R-5SMiddle Sc c i; �' 2:,-`" A-12 • RT-3 OR {Tennis Co _ A-12 A-12 A=12 n24 A42A-36 R-7.5 zap"5` A-24 A-24 , OR Virgi-ia ech A-12 ,,,`� A 18 6ft MidoR-SSooi A-36* gli ‘, ,, A-12 A-12A-36 f :::: ,_ z3Rd St A36 Wil A-12 A-12A-36 R,T-4 .�..-- r .5S. Li c'5t R-5D OR 9 22N6 5t OR OR OR P_1 0. OR S,iir, ,.' I,Airbus Iv , iG• NASA,CGIA•. ixl EAS, Na,OS ' emigtastyrelse R. 3;;�e..',GSA,Geolan %} M d St - rp.• and the ser t ,it Sources:EGiB-IERE n;. AO, ontemporary OR 22N ' NOA•. - •-< .3 •penStre• '-pcon 90111e • .-r art Center of OR _ ,t OR 2- Corn .u tyOR Virginia "' OR OR � ��OR rn East of or Abuts Baltic Avenue [ ._.--1 Old Beach Overlay Applicant City of Virginia Beach Public Hearing August 12, 2020 Agenda Item Allow certain Short Term Rentals as a permitted use in cow i the Old Beach Overlay District 20 Virginia Beach Request An Ordinance to amend Section 1903 of the City Zoning Ordinance allowing certain Short Term Rentals as permitted uses in the Old Beach Overlay District. This Ordinance is requested by Councilman Guy Tower, Beach District and was referred to the Planning Commission by City Council Summary of Request The Old Beach Overlay District, Section 1903 of the Zoning Ordinance,was established in December, 2005.The purpose of the District is to preserve and enhance the historic status of the Old Beach neighborhood as one of the first residential areas within the Ocean Front Resort area.The Ordinance is written to encourage compatible multi-family development and cottage-style single-family homes appropriate for this District.A number of different zoning districts permitting single-family, duplex and multi-family development exist within the boundaries of the Old Beach Overlay; however,the overall character of the neighborhood is residential. The Old Beach Overlay District permits Short Term Rentals as a Conditional Use, unless grandfathered. Since the implementation of the Short Term Rental Ordinance on November 1, 2019, more than thirty applications have been considered by City Council in the Old Beach neighborhood. Combined with a substantial number of properties that are grandfathered, concerns have been raised that Short Term Rentals will have a negative impact on the neighborhood. This amendment would allow Short Term Rentals as a permitted use only in the existing Old Beach Overlay District, provided two criteria are met.The two criteria are (1)the Short Term Rental must be the principal residence of the property owner, meaning that they must reside in the residence 183 days per year, and (2)the Short Term Rental must meet all the requirements of Section 241.2 of the Zoning Ordinance. If the property does not meet these criteria, it cannot operate as a Short Term Rental.A Conditional Use Permit cannot be applied for. Recommendation Staff recommends approval of this Ordinance amendment. Permitting Short Term Rentals as a matter of right will alleviate the number of applications reviewed by staff and considered by Planning Commission and City Council, which have been burdensome since the implementation of the Short Term Rental Ordinance. By making the operation of the Short Term Rental contingent upon meeting the requirements of the Ordinance, as well as being the principal residence of the property owner and operator, staff is confident that this amendment would mitigate the negative impacts that residents of the neighborhood have brought to staff's attention and maintain the residential character of the Old Beach neighborhood.The operator will be more vested in the care of the property if it is their principal residence, rather than a property that is an investment property whose owner does not reside in the area. City of Virginia Beach Agenda Item 20 Page 1 Items # 20. City of Virginia Beach August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Planning Commissioners the next four items on the Regular Agenda today are item 18, City of Virginia Beach an ordinance to amend section 104 to allow civil penalties for the violation of section 241.2, pertaining to short- term rentals. Item 19,City of Virginia Beach, an ordinance to amend section 241 .2 pertaining to the revocation of grandfathered status and the City Council findings for short-term rental uses. Item 20, City of Virginia Beach, an ordinance to amend section 1903, allowing certain short-term rentals as permitted uses in the Old Beach Overlay District. And, item 21, City of Virginia Beach, an ordinance to establish transitional rules for the review of conditional use permits for property in the Old Beach Overlay District. Kevin Kemp will present these items. Thank you. Mr. Kemp: Thank you, Mr. Landfair. Good afternoon, Commissioners as Bill mentioned these four items are the referral, the proposed amended ordinance from Councilman Tower you should be familiar with these items as you reviewed them twice in July, once following your July 8, Planning Commission hearing, and then you had a meeting for public comment on July 20, in which there were approximately 30 speakers at that meeting. I will just briefly go through these proposed amendments agenda items and explain each one, agenda item 18 deals with the way we enforce short-term rental violations. This would change the enforcement from what is now a criminal violation to a civil penalty. It would allow our inspectors to issue fines $200 penalty for the first violation and then $500 for each additional, it will help Staff be able to enforce the ordinance and make it a easier and faster way to get through the process, whereas now they were required to go through the criminal court proceedings to get to this fine structure. Agenda item 19, deals with two items, one is the grandfather status of short-term rentals and the other are required findings for short-term rental uses. The grandfathering this ordinance proposes that the grandfathering status if a short-term rental were not used to such for a two-year period would be revoked by the Planning Director. This aligns with our current ordinance regulations for nonconforming uses, as the ordinance is written now short- term rental use if it was grandfathered it runs with the land and it runs in 1 perpetuity. The second item in this amendment are the required findings and these provide a basis for which Staff, Planning Commission, and City Council could evaluate and ultimately approve or deny these applications, briefly go over the four of those. The first is that the density or number of short-term rentals in the immediate vicinity, do not change the character of the neighborhood. The second is that parking is readily available onsite parking is visually appealing and environmentally friendly. This is in a reaction to what we are seeing where a lot of short-term rentals are paving their entire yards to meet our parking requirements. The third is that, if there is an increased occupancy due to the short-term rental use, that occupancy remains compatible with the residential nature of the neighborhood as to not create negative impacts such as noise and trash. And, lastly, it recognizes that short-term rentals are a needed resource, particularly in areas of the city, that are in close proximity to venues or districts that bring high number of visitors. Agenda item 20,this deals specifically with the Old Beach District, the Old Beach Overlay and what it does is, it allows short- term rentals as a matter of right in the Old Beach Overlay provided that the properties meet two specific standards. One is that, all requirements of Section 241 .2 are met. And the second is that the short-term rental property is the principal residence and owned by the operator. What this would do is allows for only one short-term rental per property owner. If these requirements as listed are not met, the way this ordinance is written the property owner would not have the opportunity to even apply for a CUP in front of Council. They would either meet the requirements and be able to operate as a short-term rental or they would be prohibited. Lastly item 21 , is a transition ordinance and this ordinance simply states that any property that submitted an application to the Planning Department following the date, these referral ordinances were referred to you which is June 9, would be subject to these new rules immediately upon the approval of these ordinances. For instance, an application that were submitted today even though there are different rules than this in place, they would be subject to the rules once this is approved by Council. I will be available for any questions should they come up. Thank you Commissioners. Ms. Oliver: Thank you, Mr. Kemp. Mr. Landfair: Madam Chair, there are 19 speakers signed up to speak. The first speaker is David Grothmal, followed by Joseph Montana. Mr.Grothmal, please state your name for the record. Thank you. Mr. Grothmal: Madam Chairwoman, members of the Commission, I am David Grothmal. I live at 219A, 68 Street, which is not in the Old Beach Area. But, 2 I believe that what you do today or whenever you do it is going to eventually make its way throughout the areas that have short-term rentals. My concern is with the second area, the Council's resolution that sent over the package of ordinances says they are concerned about the short-term rental rentals increasing too fast in the Old Beach neighborhood and other areas. And, I felt like they needed to get a handle on it. I believe the goal is to preserve these areas as residential neighborhoods and residential neighborhoods should take precedence over short-term rentals. That means there should be a majority of residences over short-term rentals. So, what is the majority, is it 50%, you have 51% residence and 49 short-term rentals. No I do not think so, it has to be a clear majority. So, I suggest to you that you need to come up with a number of residences and short-term rentals that clearly preserves the neighborhood as a primary residence. I am suggesting two thirds and one-third or 65% and 35%. Using each Street as the place to measure, if 22nd Street has 35% short-term rentals already then you do not approve any more short-term rentals. That will make it easy and clear for everybody to understand what is the maximum of short-term rentals that will be allowed. I think that is the key to putting a halt on these applications. The guidelines that you have in place now, do not do anything to halt the growth of short-term rentals. Thank you very much. Ms. Oliver: Do we have any questions to the gentleman? Okay. Thank you so very much. Mr. Landfair: Madam Chair, the next speaker on this item is Joseph Montano. Mr. Montano is a virtual speaker, Mr. Montano, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Montano:Good afternoon, Chairwoman Oliver and members of the Virginia Beach Planning Commission. My name is Joseph Montana and I serve as the Virginia Beach Government Affairs Manager for Expedia Group and its family of travel brands. I would like to thank you all for the opportunity to comment on Virginia Beach's efforts to amend existing short-term rental law. By way of background Expedia Group is the world's travel platform with leading websites such as Expedia.com, Orbitz, travelocity.com and many others. We service the entire travel ecosystem from hotels and airlines to rental cars and vacation rental. Our vacation rental company Vrbo is the world leader in traditional or whole home vacation rentals. For 25 years Vrbo and our local homeowners have been focused on serving travelling families. In fact, our average customer booking travel on our platform is a 50-year- old woman traveling with a family of four. that long standing focus on 3 responsible travel, translates to our collaborative approach to fair and effective policies. Over the course of the last two months we have hosted virtual town halls with our partners here in town, and it is been incredible to hear their stories. Our property owner and manager partners have been members of the Virginia Beach Community for decades. They find immense pride in welcoming travelling families in their small slice of heaven and are eager to comply with regulations set forth by this governing body. However, both Expedia Group and our community of homeowners, managers, and small business leaders are concerned with the current proposal, specifically with regards to proposed amendment banning owners from offering secondary homes or non-primary residences in certain areas of the city. We believe there could be a better path forward that addresses the concerns of the community, while at the same time protecting Virginia Beach's long history of welcoming families to hold home rental. Expedia Group has learned from hundreds of local efforts over the last 10 years that policies work best when governments and platforms work together. A holistic solution could help Virginia Beach in three key areas, tax collection, compliance, and reasonable limits and they could include the following platform tools. Vrbo would create a mandatory field for owners to enter their short-term rental permit number in the same format as issued by the City. Vrbo would also display the permit numbers on all new listings and existing property list. Vrbo would remove any existing listing that does not display a permit number and will prohibit any listings that do not display a permit number. An alternative to the current primary only restriction that has worked in other markets is a cap of 180 days per property. The city wide 180 day cap would allow Virginia Beach residents with a second home to participate in the short-term rental market, would also dissuade individuals looking solely for investment properties to put on a short-term rental market. This policy of 180 day cap is one that Vrbo would support. As the leader in traditional vacation rentals we stand ready to be a partner to you and your Staff to ensure that the tradition of whole home vacation rentals continues to be a part of Virginia Beach, vibrant accommodations marketplace. Thank you again for your time and consideration. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Gretchen Heal, followed by Betsy Atkinson. Ms. Heal, please state your name for the record. Thank you. Ms. Heal: Good afternoon. I am Gretchen Heal I work for the Hampton Roads Realtors Association, and based on some of your comments in this morning session 4 I answered a few of our questions but I do have a few statements that they have asked me to share with you on these four items. The Hampton Roads Realtors Association recognizes the need to have property owners comply with guidelines for operating short-term rentals and our members try to ensure positive experiences for the neighbors of all the STRs that they manage as well as the tourists visiting the city. However, we do have a few concerns with the zoning violations that are different than others. And, again you have addressed some of those concerns this morning, so, depending on what you end up with your final decision that may go away. On this second one, the grandfather clause, on this change we would ask you consider including some more specific language on the parameters for inactivity on a property that is scheduled to have its grandfather status removed, when does the clock of the two years start, just a little more definition around it, so, that people would know what those parameters are. And, for all of the items if I am misunderstanding and I apologize but in 241.2 it applies to Sandbridge, and we would like that all any changes you make do not apply to Sandbridge as far as short term rentals are concerned. That is all. Ms. Oliver: Thank you. Ms. Heal: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Betsy Atkinson, followed by Paige Miyares. Ms. Atkinson, please state your name for the record. Thank you. Ms. Atkinson: Hi, I am Betsy Atkinson I am glad to be here to speak to you today. We are teaming up a little bit here, but I would like to specifically talk about grandfathering, I was on some of the original committees that created some of these ordinances and one of the things that we all agreed on with that if your grandfather the property it ran with the land. And, now you are trying to take away the grandfathering by reducing it to only that you do not use it for two years then you would not have the right to keep the grandfathering. I would highly suggest to you to please not approve this. We have a lot of situations, especially in the North End where, might be a mom and a dad and then they might pass away the kids might move into the house and then they might stay there a couple of years and then want to go back to having short-term rentals like they had before. And,it is also good for marketing, if somebody has a home that is been grandfathered with short-term rentals and they will have the ability to continue short-term rentals without having 5 to come back to the CPU. So, I thank you very much for listening to me and I hope you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Paige Miyares, followed by Jim Moffat. Ms. Miyares, please state your name for the record. Thank you. Ms. Miyares:Paige Miyares. Thank you Madam Chair. Myname is Paige Miyaresand I am the principal broker of Atkinson Realty. I just want to say that the crux of this issue really add it as a tourism issue. And, behind it is whether our city really supports tourism and people coming here to spend their hard earned money in our city. I think the consumer has spoken pretty loudly that they want to stay in our cottages and especially in a post COVID-19 world, habits of how we work vacation are changing even more rapidly. Many of our business have expressed that they are on life support with the COVID shutdown. And, the question I would ask is why are we looking at policies that prohibit visitors to our city. Why are we pushing them to Myrtle Beach and OBX, those are our competitors. As far as these regulations, there are a couple often encouraging signs to me, one is the fact that there is something that actually says it is a needed resource in our city. I think that is true and again I think the consumer has echoed that and then just the change to the parking, because the discussion around parking just it goes on and on, it is almost arbitrary, it seems a little capricious to me from an outside perspective. And, so, something that says visually appealing and environmentally responsible that is helpful to kind of cut through some of measuring this it has to have this many spaces. The reality of these families coming to visit is that they do not bring,it is a four bedroom house they are not bringing four cars, I mean that is how it works practically. And, the other thing I do just want to address is that it is very disturbing to see the new, there is even been discussion here about do we follow the rules, do we go outside the rules, do we add provisions, do we not add provisions and that seems to be a little bit of an internal discussion, but to see some of these applicants who has had their applications in since January, and how these arbitrary amendments to limit the occupancy and to limit the amount of reservations per week is troubling from an on looking citizen. And, it really changed the dynamics for my family would increase the cost of vacation to Virginia Beach and not by a little when you play with those numbers. So, I think that has to be a consideration as we go forward and I think there are ways to partner in a private public type setting to help increase the accountability for these things and take the backlog off of the city. The 6 Beach borough making it by right which is something in one of the ordinances, I support that for our communities that hug the shoreline, for sure, because that is where we have traditionally had them that is where the character of our neighborhoods include them. And, there should be some by right pieces to the zoning that come forward. So just to know I probably out of time, but I just want to reiterate that at the crux of this is, are we a city that want families to come and stay here, do we want them to come and spend their money here. We as an industry love these neighborhoods, we want to protect them, we want them to be great places to live, we have been and shown to be good partners with these neighborhoods for over 80 years with the business that I do. So, is there is any questions. Ms. Oliver: Do we have any questions. No. Thank you, Paige. Mr. Landfair: Madam Chair, the next speaker on this item is John Moffat, followed by Lynn Hume. Mr. Moffat, please state your name for the record. Thankyou. Mr. Tajan: Bill, I think it supposed to be Jim. Mr. Landfair: Jim Moffat? Mr. Tajan: Yes. Mr. Moffat: I am not speaking. Mr. Landfair: I am sorry, okay. So, the next speaker is Lynn Hume. Mr. Hume: Hello, my name is Lynn Hume and it is hard to believe we are back up here again discussing short-term rentals. I have been a property owner in the Shore Drive area since 1980s and I have got long-term rentals and short- term rentals, that are grandfathered that have always been considered second homes and vacation homes and they were built in the 50s and 70s. Due to COVID-19, I am sure that many property owners have had to change some of the short-term rentals in the long-term. Personally, we put some doctors in one of our rentals, who were working in local hospitals, they left for a while and now they want to come back and do a long-term rental. I want to emphasize that as grandfathered properties are zoning and property rights were already set last year, our current rights exist. Item19, the 24 month rule, allows the possibility to lose our grandfathered status, health, economy, and various personal circumstances could change the use of our property for a period of time, current rights should remain not subject to being dismissed if not used in the 24 month period. This is not a conditional 7 use permit, grandfathered should run with the land. Item 18 allows for harassment from neighbors and subject owners to either pay a fine, considered guilty, or may to defend themselves. It appears that hateful rhetoric from anti-short-term rental people has generated this amendment to appease those who always dislike short-term rentals. We attended one of those all Civic League Meetings this winter and the attitude, for snitching and telling on people was rampant. Actually, it was like being in a foreign country, a trash can left out too long could generate the report and fine. I am not aware of any loud or disruptive short-term rentals in the Bay Area, Cape Story, Ocean Park, and Shore Drive. Many people speaking negatively do not even have short-term rentals near them. In comparison, homeowners and long-term rentals create parking, noise, and trash problems, and there are laws to deal with them. It is normal for residents in the Beach Area to park cars, have parties, and big gatherings. It is the beach. We have already spent two or three years hashing out the zoning rules and in this troubled time with COVID-19, people are not aware of this issue, it is come up again. It is our retirement income as well as many others, and we planned according to these rules. We take pride in our properties, you will be down zoning our current property rights, pleased enough for the subject grandfathered properties to the threat of losing our rights are subject us to targeted harassment and fines. Please leave the grandfathered rules the way they are now without changes. Thanks for your consideration. Mr. Landfair: Madam Chair the next speaker on this item is Elaine Fekete, followed by Joan Davis. Ms. Fekete, please state your name for the record. Thank you. Ms. Fekete: Hi, good afternoon. My name is Elaine Fekete and I moved to Sandbridge 25 years ago. I chose to live there even knowing that all the houses around me were rentals and had been so for 50 years. So, the false narrative that this is a new thing that we have to deal with is quite to the contrary. It is also a false narrative that all short-term rentals are party houses. 11 years ago, my husband and I started renting our home on a weekly basis and quickly found that there was a demand for the shoulder seasons in the holidays, we get people here who are parents of military children that are coming to visit and want to stay under one roof. Parents who are traveling with their children in the traveling sports leagues, business travelers who want to bring their families and make a vacation of it, or families who simply cannot afford to take off seven days from work. When we have renters, we move out and we are not alone. Other owners move out of their homes at least during the peak season. Still others use their second homes as rentals, so, 8 when the renters are not there the owners are. So, this brings me to the same question I asked two years ago. How will the restrictions be enforced when the home is owner occupied versus renter occupied? How will you even know the difference? I am curious to know how many $25 trash citations have been issued in the city in the last year, have they been issued but resulted in no change in behavior or being ignored because if we are not even forcing the $25 ones for the whole city, what is the point of adding punitive ones to the rentals and how will you know if owners like myself are the ones leaving the trash cans out versus the guest, how cumbersome is that and I say cumbersome because the recommendations sent to you states that it will make enforcement more timely and efficient and will increase the ability to regulate short-term rental use without having to navigate the somewhat cumbersome court process, I am kind of missing the due process part there. Make no mistake the choice to stay in a home versus a hotel is based on preference and availability. If summer guests cannot rent homes here, they will go straight to the Outer Banks in Myrtle Beach like Paige was saying. If parents with children in sports tournaments cannot rent our homes during the tournament's, they will go inland. Ordinance 241 .2 only went into effect last November,just three months later in February Members of Council were ready to send it back to address lessons learned. What lessons were learned from November to February? There is zero evidence to support that all of the adjustments made by homeowners and realty companies in the last year to conform to 241 .2 did or did not work. There is no basis to go back to square one and debate each and every component, and that is what will happen. I even heard the word exit signs at the last Council Meeting. The ongoing hysteria that short- term rentals are bad for neighborhoods is anecdotal and it is the exception rather than the rule, you state that they should not change the characteristic of the neighborhood and 99% of the cases they do not. A judge and I believe it was Austin ruled that a family sitting at a dinner table in a residence is a family sitting at a dinner table in a residence whether they are the homeowners or whether they are the renters. But, the request to review this situation was sent to you with terminology that reads additional noise, trash, and other possible nuisances, and it is asking you to assume that the negative connotations Council sees on STRs is fact based and not biased. Our trashcans really the problem, just because you were asked to review these regulations does not mean you have to conclude that changes are needed at this point. You can determine that we should at least look at what has been done and see if it works first. Thank you for listening. 9 Mr. Landfair: Madam Chair, the next speaker on this item is Joan Davis, followed by Gayle Mottola. Ms. Davis, please state your name for the record. Speaker: Joan is not here. Mr. Landfair: I am sorry. Okay. So, we will move on to Erica Atkins. Next speaker is Erica Atkins. Ms. Atkins is a virtual speaker. Ms. Atkins, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Ms. Atkins: Hi, this is Erica Atkins, I agree with everything that the previous speaker said, I do not feel like there is been enough time to really gauge what affects the short-term rentals in this area have under the new rules and regulations and I really think that there should be more time before any other changes are put into place. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, we do have Gayle Mottola here. Ms. Mottola: Good afternoon. I am Gayle Mottola I live at 115, 88th Street in Virginia Beach. I support the comments made by Mrs. Parker from the July, 20, 2020, Public Hearing. The beach and fourth story located above Shore Drive are daytime activities for visitors, not requiring overnight accommodations. Stewardship of history and the preservation of natural habitat is questioned as the Planning Commission and Zoning Commission first quietly and then outwardly tried to change a residential one single family neighborhood with some duplexes into two homes per small lot, often with different principal owners who can then rent out their properties with a conditional status of short-term rental. A case in point is a recent variance recommended fora builder from Richmond by zoning, who after the hearing told his perspective neighbors, he plan to live in one home, but he already had a potential buyer for the second structure on the same lot. That means two principal owners per lot, both of whom, who could apply for STR status. Given, that there are six potential buildings going up on the same block of 88th Street, which was once the Cape Henry Syndicate bought from the Cape Henry Park a land company in 1899, and plotted in 1900, for single family homes. The density of that block increases by how many people and how many cars. A second case, we just welcomed unemployed couple of working age with their three younger children as they moved into the neighborhood. Is not this what Virginia Beach model a City of a lifetime means, are we losing residents. Have they not insisted that they have legal parking spaces instead of the illegal ones put in by then owner of the two 10 structures on the nonconforming land to meet parking requirements for STR stop. Those parking spaces were in the city signed, no parking zone at the ocean side corner of 88thStreet and Atlantic making visibility obstructed to enter Atlantic Avenue. Then the neighborhood would have had to endure four bedrooms at three persons per bedroom and how many cars if every two people had one car, the answer, 12 people six cars. The summer the corner duplex at 201 , 87th was approved and the bedroom was approved also at 116, 88th Street and now 114-A and B are for sale. They have eight bedrooms. That could mean a total in two rentals per week of 48 people, i.e., three times eight bedrooms times two, meaning also a great over limit of cars. A traffic jam for delivery trucks meeting those looking for a free parking space to go to the beach occurs regularly in the summer now. The primary tourist area charges up to $10 for a few hours. The powers that were made the historic North End especially about Shore Drive 2015, a district based on the Old Beach Overlay of 2005, distinctly near hotels and motels and home renting rooms in the well-established tourist area that has been since 1906. But, that is not the North End demographic, many homes have passed down to children and grandchildren, the North End is a residential area with mostly permanent residents and those who come to enjoy their beach home for the summer. Traffic is another matter, which I will not address. Again, the beach and Fort Story, a historic part of our city that Cape Henry area should be treasured and should not go to make commercial profit. Thank you. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Mike Megge, followed by Chris Edel. Mr. Megge: Good afternoon, Madam Chair and Members of Council. I would like to thank all your hard work on this issue. I am here today to point out we spent years coming up with his current ordinance. And, as owners we have worked and planned our futures on the agreement that we came up with less than a year ago. As you know, restricting property rights of citizens by changing zoning laws as a taking and by such the government should justly compensate those owners. If it does cause harm to those owners, and I hope we do not go down that road. I understand if you feel the need to further restrict short-term rentals with conditional use permits as is you are right. But I would like to see the data that the city has compiled for these changes. I again, I asked you to protect the existing rights of the grandfathered and by right STR owners. I know this issue has been contentious, but we all came together over the past several years with 11 many, many meetings, public hearings and we came up with a draft a compromised ordinance that was thoroughly debated, voted on, and passed by both the Planning Commission and City Council. The new proposal would be a little like telling an owner of a duplex, if he owns a duplex zoned lot, that if you do not build that duplex in the next two years, you are going to lose that right. I just do not think that is the right way of going. Also, giving zoning inspectors policing rights, allowing them to issue monetary fines without due process is a very slippery slope. I just do not see how that would be legal, if it is not applied equally to all renters or to all property owners by that right. Again, I just think it is a slippery slope and an enormous overreach by the government. Mr. Kemp said it would be easier for the city to enforce, but I believe due process should be shaded on the side of the owner and not on government. Like I said before, you have the right to restrict new STRs with conditional use permits, but again I would like to see that data, why you are restricting them since we have just came up with an ordinance less than a year ago. But, again I would like to stress that the current ordinance should be respected and the rights of current STRs must be protected. Thank you very much, Mr. Landfair: Madam Chair, the next speaker on this item is Chris Edel, followed by Steve Bishard. Mr. Edel: Good afternoon, Madam Chairman and members of Planning Commission. My name is Chris Edel, I do have some handouts from around, hopefully you will have a copy of. I am here today primarily to speak with regards to Old Beach where myself and have a partner Bob Taylor, we have approximately 10 short-term rentals that are all approved by Council, and in operation. Okay, so my company VB Holmes has been building at the beach for over 30 years now. We were very active with an Old Beach particularly with the overlay that they put together, we partner with a neighborhood to find a way to improve the character of the neighborhood, reduced density if possible. And, I think we put that together with Barbara Yates and since that time, over the last eight years our company alone has invested over $10 million in redevelopment of that neighborhood, and what you have before you here is just a few examples, most of which are east of Baltic, but on the first page you have 317, 26th Street, this was a tired 50-year-old six unit apartment building that now is to the right you will see the after which is now two single family homes, that 317, 26th Street that operated for probably over 30 years as a short-term rental. I know that for a fact by the person bought it from, Mary Grace Thomas had ran that year round and as well as short-term rentals. Below that, on 27th and Arctic, you can see it is an older 12 55-year-old eight unit apartment complex and we partnered with the Georgia Joyce Seco that you are going to hear from this afternoon as well, to take that from eight tired apartments to four new single family homes and, so, those are just a few examples. The next page one more example on 27th and Arctic, that was a four unit again, very tired blighted property that had been rundown. And, now there are two brand new single family homes on that property, so,that is an example of just a few that we have done and there is certainly others, but I wanted to point that out. The next page, page three is called Old Beach Revitalization Future Opportunities, these two properties one at 417, 24th Street 10 unit apartment property and then 416, 24th is a duplex both pretty old tired properties, owned by Mark Ulmer. He could not be here today, but he asked me to share with you his thoughts on whether or not he would redevelop these properties and he said to me, he said Chris I have had these properties for years and if I am not able to redevelop these as short-term rentals, I am just going to keep them the way they are, I am just going to keep bandaging them up, they would not go away, why because there is no economic reason, there is no financial reason for him to improve these properties. So, he wanted me to share that with you and these are just a couple examples of others that he owns, he owns many properties. Page 4, 308, 25th-and-a-half again you can see a very tired old duplex that I have involved with and the owner of that property. The one below that 2602, Baltic Avenue, which is a 50-year-old five unit apartment building facing Baltic, again all of these are Baltic East. But, these are a couple properties that need to go away, they need to have brand new single family homes and will have those, but they would not if we are going to get too restricted in what we can do with those. The next page is actually the Old Beach Overlay, this is right out of the guidelines, the map here. Okay, great, because this is just a suggestion and something that we have talked about and that is, if you see the orange line which is highlighting Baltic Avenue and this runs right through Old Beach, most of this is Old Beach. But, if you look from the orange line Baltic Avenue East towards the ocean, most all of that is rental property and in zone that way, as you look from Baltic Avenue or Western Baltic Avenue, it becomes more residential, more year round residents living there. So,it somewhat splits the neighborhood, but the reasons are simple it is because of the proximity to the resort and all the things that we want our guests coming here to enjoy and take advantage of. So, one suggestion is to potentially use that as a development zone for having short-term rentals East or Baltic Avenue East that would not require conditional use, but that you would potentially require conditional use west of Baltic Avenue. And, then the next page, which is just 13 a summary that Bob Taylor and I put together just some thoughts and some suggestions, ideas. First and foremost, the fact that Old Beach is being singled out as the only area in the beach, that would require a short-term rentals to be someone's principal residence, I just do not understand that at all. Effectively, we are saying, we are not going to have any short-term rentals. There are many people including myself and again I have told you, we have invested millions of dollars in Old Beach and we do not own all of these properties, we do sell some. But, the ones that we do own that is out the window down for us, and many others that you're going to hear from here today. And, I do not understand why that would make for a better experience, just because someone is their principal residence and very likely they are not even living their while the rentals taking place. So, at any rate, that is one it certainly we do not agree with. And, the next paragraph noise and trash, again I do not think that some of the other speakers have said that there is really any evidence here that there is a real problem issue with specifically with just short-term rentals in that regard. But, if we need to have more trash cans we will buy more trash cans and that is fine and that is going to help solve the issue, I do not know, I am not sure. It does state in the ordinance that the short-term rentals are needed resource in certain areas of the city located in close proximity to venues, districts, and areas that generate high volume of people or visitors. Where else in the world is a better example than Old Beach, we were right down the others ordinary. I mean, that to me is a perfect place, and now we have the new sports complex, all these families come to the sports complex sure some are going to go hotel, but not all want to go to hotels, there are families traveling here. They want a safe environment, they can come, maybe cook some meals in the house, and we provide that for them in very close proximity. The ordinance change about imposing fines, that is fine because if you want to make bigger fines we want to be the model example for professional managed short-term rentals, so, we do not plan on breaking rules. And, if we do and there is a larger fine so be it, so we are okay with that. But, the end there are opportunities to consider certainly the OR Oceanfront Resort, I do not feel and neither does my partner feel like that should be even included as a conditional use permit it is just going to bog down the system there is hotels and motels all over the OR and I do not feel like that should be even necessary. The second page there, that I did speak to just a little bit ago and we are referring to as an approved short-term rental zone again Baltic Avenue East is what we are recommending and that is where the guests want to go. They want to be down and they are close to the resort area. Professional management, I can tell you all of our rentals are 14 professionally managed, I think that is key. There are many people out there trying to either do it themselves or maybe some of these people that live in their home may be trying to do it, but there is no substitute for professional management and all of ours are that way and I would suggest that maybe there is a way to incorporate that in the ordinance that they need to be professionally managed. There is a workshop and that you all had and just talking about a couple points there, parking there was a discussion about garages, okay garages should not be included. I can tell you in our properties that have garages that can fit a car, we use them, in someone's home you are going to put stuff in there, beach tear, bikes, or whatever may be, but in the short-term rental you do not need a place for all that stuff. So, we might have a couple beach tears, but that is about it and, so, we do use them for parking I would suggest that that would be something that should count. Number of stays a week, right now the ordinance is two stays a week and I think that it is a great compromise. Not everybody can afford a week's vacation, there is plenty of guests that want to come to Virginia Beach, but they can only do a long weekend three or four days and so, I think it is totally appropriate to be able to allow for that. Number of occupants, right now currently three per bedroom. I know speaking for myself and my partner I would be fine if we limit the house itself to 10 or 15. We are not looking for the big mega events and that that kind of goes to the next item events. We do not want the big parties, we actually prohibit parties in our homes. So, again, that is just something that that we are not interested in, we are happy if we want to reduce the number of people, you think that would be helpful. Our typical profile of guests are families that are traveling here to the beach, one last thing on signage on the back. Ms. Oliver: I am sorry Chris. Mr. Edel: Eddie told me I had 10 minutes, so, I guess I can have 10 minutes. Oh it's 10 minutes? Oh my god, I am sorry. Alright, thank you all. Mr. Landfair: Madam Chair, the next speaker on this item is Steve Bishard, followed by Joyce Sico. Mr. Bishard: Good morning. Thank you for allowing me to speak, I have some handouts. My named Steven Bishard, Bishard Homes in related entities. I just want to speak about in general, the short-term rental ordinance proposal, I feel like you should give it a time to season. Give it time to see if it works. We really have not had a chance to see if the recently adopted ordinance is going to work or not. Anyhow, about 15 years ago at the request of Karen Lesley the Zoning Administrator in the past and Barbara Yates, I was asked 15 to serve on the Old Beach Overlay District Committee to come up with a compatible residential redevelopment ordinance that would do away or try to do away in the proper way of three storey box duplexes and successfully served on that committee, and I think we can say that we have seen the results of the resiliency and the transformation that is taking place in the Old Beach Community by number one the city, number two the community, and number three private business developers working together, and I appreciate the comment it is like a prerecorded speaker earlier, the best way to deal with this is when all the parties come together, partner together, listen to one another and come up with agreeable solutions to a business enterprise short-term rentals. That is a needed way for families to vacation. Some of them do not want to go to hotels. Some of them want to go to homes, I prefer to go to homes, my wife loves to go to homes, particularly in an environment like COVID-19, I would not want to go to a hotel, I want to go to a house that is just recently been cleaned and it is safer for people and people feel better about it. Anyway, over those last 15 years since 2005, when that committee started and successfully produced a great ordinance. We have done a tremendous amount of redevelopment you will see it in the packet. We also acquired tremendous amount of rental properties, when we bought these properties, we took them up to the next level of standard. We did not leave them as blighted properties, we brought them up. I will say that many of the properties that we purchased though, very much were blighted properties. As Chris Edel mentioned I echo what he shared today. Some of these properties we bought their rentals that rented for $600 to $800 a month. There was a high turnover rate and they were problematic. Since, I have entered the short-term rental business it has not been that long. I can tell you that the management company that I have, same one Chris Edel has stellar performance, had no problems. They are proactive and matter of fact, the management company that we use to hire lives right in the Old Beach community. I mean he walks, rides his bike through the community, checks on the properties that he manages. So, I think, management, I think you agree is a critical component, the proper proactive management of these properties through a professional company. So, as I was saying we have recently entered the short-term rental business hired Knob LLC, lives in the Old Beach Community and they found that the short- term rentals have less management problems, less calls than year around rentals have. We are having a much better time with a lot less problems with the short-term rentals from a management perspective. And, the spirit of me being up here today is a spirit of partnership. When I served on the committee in 2005, I embraced what they wanted to do and had been 16 working in that community since then, buying rental properties in that community since then. And, I see myself as a resident, not Old Beach I live in Lincoln Park, but a resident of the city that really cares about that community. I do not want to see that community, go down. I think actually what has happened is it is going up and the short-term rental business is helping that, I do not see that it has hurting it. I have asked the question with an open mind, how many problems have you seen in the Old Beach Community ,this is from the management company I was referring to, has not seen a problem in the Old Beach Community, you can speak him later. I am not sure he has had to evict one person had to have a police to a property. So, we appreciate the desire, but I just hope that we will open up to what the reality really is, come up with a viable solution through partnering with the community, businesses, and the city that is working hard on it to have a solution that we can go on with. One of the ideas that that came up was having a short-term rental sign on each of the short-term rental properties, that if somebody does have a problem they can call the management company, very quickly. This will be a uniform, attractive, standardized sign that we could have throughout the Old Beach. If you have a problem just call the management company on the side. Again, manager lives in the neighborhood. One of the things that I have seen since I have entered the business, the expenditures to keep these properties at the highest level, they are up there. I mean we are spending some serious money to take landscaping to the next point, to the next level, decks, any kind of amenities that people might want, we are spending a lot more money than we do year around rentals and we need to. Some of the suggestions, as I mentioned before, what about a taskforce, a committee to come together, guys like myself, Chris Edel, and others, will meet with the community of the Old Beach. Be glad to meet with them and come up with something that works for example, anything East Baltic Avenue with a Baltic Avenue address east to the ocean, maybe that is a buy right short-term rental. If it is in some of the more year around residential streets maybe that is a conditional use permit. Consider giving it some time for this ordinance to really sink in and see if it works. I really do not think we have given it enough time to see if it works and if it does not work, I think we can find some solutions to make it work. In the spirit of partnership, our company just wants to be a model, an example for how to manage it, to be responsible, willing to give our phone number out. I have met with a few of the Planning Commissioners, we are here, I mean we live close, want to talk to us management company is not doing it we are here. We are available and we will be available and continue to be so. I just want to close 17 by pointing out two properties on this handout I gave you. You can take a look. I think on your handout a little different than my handouts as far as the way it's laid out. Take a look atpage six, and then we will go to page seven after that. We bought this property at 501, 504, 25th Street and 2500, 2512, 25-1/2 when we bought it, guy was running a gambling operation there. I knew it because I knew somebody who kept going to it, it is a friend of mine I grew up with and he was running a black market gambling operation there and he had five or six little shack units I guess the people that would come and gamble there and would stay there. We bought this property, turn it into four beautiful houses. Now, we sold these houses but nevertheless this is really enhanced the neighborhood in a dynamic way. And, then if you go to seven, this is a property many of you have seen across from the Old Beach, very nice Middle School on 24th Street, Mediterranean Avenue. This is an individual that I bought from, he owned these two houses and had a lot of people packed in his house, way more units than what we put back on it. We put six units back on it, we did again sell these but this is an example of how you can take multi units, reduce the density, and you can either sell them, you can rent them year round, or relate to this specific meeting today, you can do short-term rentals. We own a property at 426, 23rd Street recently and I thank you, you all approved the short-term rental application for us, has three units on it. If I see, it makes sense I am going to tear that old build down and put two units on it, brand new homes and might be a way for me to redevelop a neighborhood that Barbara Yates back in 2005, was proactively and actively eager to redevelop with the community. So, anyway, I appreciate you listening, do give it a chance, I think there is an opportunity to have a win, win for everybody in the situation. Thank you. Ms. Oliver: Thank you. Yes, I am sorry, go ahead. Mr. Redmond: Mr.Bishard, do not come back up, but I wanted to respond to something that you said I think it is something that there is just repeating and a lot of thought I am a sucker for landscaping. I do not think it is that complicated stuff, but it makes an enormous difference, and to you and Mr. Edel and to the other folks who do this, I know that you do a good job of it. And, I would just like for the general good to say, if you take a property and you make it the sparkling property on the street, it is very difficult to be villainized. And, a lot of the people who might otherwise criticize or complain or have a problem with anything that you do are pretty easily disarmed when they can trash their own place to the sparkling house on the street or houses as the case may be, so I appreciate you bringing that up, I do think that landscaping particularly intensive, well designed, appropriate landscaping 18 can make a big difference in the appearance of these properties. And, think that makes a giant difference in all of our communities, not just Old Beach or the Oceanfront or Shore Drive or anywhere else. So, I appreciate you bringing that piece up and I repeat it because I think it is something that we all want to keep in mind, and in the development community particularly that is a difference maker and something I think can kind of help carry the day forward. Thank you. Ms. Oliver: Thank you, Mr. Landfair. Mr. Landfair: Madam Chair, the next speaker on this item is Joyce Sico, followed by George Sico. Ms. Sico: Hi, I am Joyce Sico, and I am 70 years old and I am retired, and my dream has just about come true, because I owned when you get the flyers, the property in the top picture, which was 2606 and 2608, and it was about a 50-year-old apartment building that was really good to be a chore to keep fixed and I worked with Chris Edel and we developed it into four single family homes, and the landscaping is beautiful on most homes I might add and I kept two for myself. And, they are leased yearly I do not do weeklies, but in the future I do not want to be an owner occupied at this time. I will in the future probably in about five years, I plan on living in one. And, I will either do weeklies in one or I might live in mine for nine months and do weeklies and all the three months in the summer and travel and that is really my dream. I have worked for over 25 years, keeping this property in shape and then developing it. And, I have a daughter in New York, who will eventually owner occupy the second home. And, she is the only daughter I have left, have one grandson and one great granddaughter, and that is my dream to have my family here something to hand it down to them. But, with the new ordinance, I could not really do the weeklies like I would like to until that point. So, thank you very much. Ms. Oliver: Thank you, Mr. Landfair: Madam Chair, the next speaker on this item is George Sico, followed by Frank Ramaekers. Mr. Sico: Good afternoon. I am George Sico, I have the property on 400 and 402, 26-1/2 Street. And, originally, as we said before it was eight apartment units, we did summer rental for 25 years and we only had three parking places, and the whole thing we coped everybody we worked with it, and we did not have a big problem with it. Nobody really complained even our neighbors did not. So, we decided to redevelop it because the lifetime of the building 19 was pretty much it was his lifetime 50 years. My wife said we are planning on living in one and sometimes rent the other one out for a short-term rental, the way it stands now, I would not be able to probably do that, but the property changed now. And, the thing about the parking is that we have had construction on the Hyatt on 27th and Atlantic and is not complaining about the parking, since they have been all summer long. They cannot use the parking lot at the Hyatt because that is been used for the summer. So, they come down and contractors are parked all along Artic Avenue and 27th,right in front of our places, which has not been a problem, but I do not know about the problem with the parking with the short-term route. If they had more than two cars, they had three cars there is still room to park, if you want to on the street it is a matter of just opinion and where you are going to park the cars. And, there is garages too which I do not understand why you cannot use a garage as a third parking space, you have got room for three cars, not two in the driveway. And, I just do not understand this, how we are going to go through all this again. But, anyways, that is my statement. Thank you for hearing me. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Frank Ramaekers, followed by Eddie Bourdon. Mr. Ramaekers: Okay. Our family purchased two residential homes 318, 27th Street. First of all, I am Frank Ramaekers III. I reside at 429, 26th Street in Virginia Beach in the Old Beach neighborhood. Our family purchased two residential homes 318, 27th Street and built in 1935, which you can see on the second page, it is a great home. And,429, 26thStreet built in 1939, both homes have been placed in the Virginia Beach historical register with bronze plaque attached to both homes. The homes have been remodeled and preserved in original construction dating back to the 1930s, does preserving the Old Beach neighborhood. They are kept in immaculate condition to appease our guests and to develop superb curb appeal for the Old Beach neighborhood. 429, 26this my permanent residence and is shared during the summer months with guests who visit Virginia Beach ad surrounding area. 318, 27th Street is a short-term rental year around 365 days a year. We also have a 10 unit apartment complex located on 26th Street, which is kept in immaculate condition every single blade of grass is cut perfectly. It is our neighborhood, my neighborhood, my three children, my wife, and my parents also involve and residing in this neighborhood and it is important to us that everything is kept perfect. I also host numerous homes in Old Beach neighborhood and I use the term host because I interact with the guests to 20 be sure the visit to our city is excellent, is flawless. Every guest when they enter the home, receive a binder. You look in the last page, you will see what it states. Upon the arrival of guests we see this binder and they agreed to the rules and regulations, which they are stated here in the binder and they also agreed to them electronically when they make the reservation through Vrbr Airbnb. I just want to publicly state these rules and regulations which guests agree to, it says "hello guest, thank you for choosing our home, welcome to Virginia Beach to beach life, relax, and enjoy. Check in time is four and checkout is 11, please make note of these times as our cleaning staff needs this time thoroughly cleaned and sanitized the hall." Especially during this time COVID-19, our guests appreciate the homes because they are thoroughly sanitized, we do a CDC recommended cleaning in the homes. Your home is in a residential area and your neighbors reside here all year. We understand you are here to relax and enjoy our beautiful beaches, but please respect their privacy and the Virginia City Ordinance of quiet hours from 10pm to 7am. Virginia Beach City violation of these quiet hours will result in immediate departure. I have had hundreds of reservations through our homes in the homes that I also host, and I have not had any problems, zero problems with the guests. At this current time, I have over 100 guests, my phone does not ring. So, I do not understand why the ordinances must be changed because I have zero issues at the present time .Down at the bottom parking, designated parking is provided for you. You may park two vehicles in the driveway, one vehicle in the garage, please do not block the sidewalk, as it is disrespectful to the pedestrians and our neighbors, you will be towed if blocking the sidewalk. If you need additional parking please contact somebody "me" and I can direct you to the parking. There is a public parking garage on 25th street, I direct individuals there and I tell them it is $20 a night and in New York City's $100 a night. And, that is where they park at if necessary. We always the parking is controlled thoroughly. You guys have any questions, I appreciate your time. Ms. Oliver: Thank you very much. Mr. Ramaekers: Thank you, I appreciate it. Mr. Landfair: Madam Chair, the next speaker on this item is Eddie Bourdon, followed by Samuel Jones. Mr. Bourdon: Thank you Mr. Landfair, Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney I do not have a handout. The first thing I want to talk about is, I want to say, Mr. McGee's comments 21 on item 18, because I and my clients do not have any problems with the fines, but his one comment was spot on not to say, other ones were not. The fact that we are putting a scarlet letter on short-term rentals by having these fines that only apply to short-term rentals does not make sense to me because I guarantee you, I have not asked Mr. Kemp, but I guarantee you, we have a lot more problems in this city with code compliance with long- term rentals. Okay. No doubt about it. So, the fines should not just apply to short-term rentals they should apply to any property that is rented. This short-term rentals are not anywhere close to the problem of compliance as long-term rental or the yearly rental. That is even completely not arguable. Okay, on number 19, the grandfathered or I consider they are legally nonconforming. I will just simply say that everything else that deals with legal nonconformance pretty certain goes to the Zoning Administrator, the Board of Zoning appeals to court. I am not really sure why the Planning Director is the one making the decisions on these on the 2600, short-term rentals that are grandfathered or legally nonconforming. It seems a little bit odd to me, but anyway. And what constitutes abandonment, there is a lot of different tentacles to what constitutes abandonment as well. And, there is legal precedent on that issue when it comes to nonconforming use and the abatement of nonconforming use. And, I think that is why it belongs in the Zoning Administrator BZA, quasi-judicial BZA, and court.As for the changes to the ordinance the findings, characteristics of the neighborhood Mr. Grockmal it is a false narrative that he put out there, because what is residential short-term rentals are residential, long-term rentals are residential, and short-term is less than 30 days under your ordinance, and owner occupied it they are all residential. Maybe, there is a distinction between owner occupied single family and rental, whether it is short-term or long-term, I would submit that short-term, the vast majority of cases is a better situation when it comes to the upkeep maintenance etc. of the property than long-term, especially in areas like Old Beach, which have needed for decades redevelopment. So, characteristics of a neighborhood or portion of neighborhood like Baltic East which is probably 75% rental and has been forever. What is the characteristic, it is not single family owner occupied, which I would submit probably is close to the majority it may well be the majority on those areas West of Baltic and Old Beach. The idea that Old Beach should be dealt with differently than Lakewood or Sea Pines, or maybe even Shadow Lawn, the Shadow Lawn is different. I do not understand why we are doing this part of the Oceanfront Resort and not Lakewood to the South and Sea Pines to the North of 31st Street. But anyway, and I said this at the workshop under number four, this needed as 22 a comp plan term, it should not say needed. We should not be in the business other than a comp plan of suggesting what we need or we want. It should be compatible resource, not a needed resource, although it is needed in Old Beach for the portions that we have talked about and it is also needed on 21st and 22nd Street as I have said previously, Norfolk Avenue other main thoroughfares. Arctic and Baltic, no matter what you say.it does see on a nice job with trying to calm the traffic, but that North- South corridor of Arctic and Baltic, there are going to always be heavily trafficked. And, it is different than once you get West of Baltic ran into Barbara Yates, I was going to relate this at the workshop and did not have time. At the vet about month and a half ago and Mr. Bishard and Mr.Edel have been involved with Old Beach from a legal standpoint, but Staff and Karen Lasily, etc. has been a great process over the years, and the first thing Barbara said is, can you believe how great Old Beach is looking. I cannot believe that Artic Avenue looks as good as it does. And, Barbara has done even that and I said Barbara, yet it has been fantastic. You do realize that short-term rentals has been a big part of that Arctic, because Arctic and Baltic just like 21st and 22nd always been a thorn in the city side in terms of how do we get that to redevelop and putting more density, was the old way and it turns out we can do it with less density, because of short- term rentals and she said you know I do not like short-term rentals but I got to say Arctic Avenue is looking extremely good and I did not think I lived to see that happen. So, this idea that the Chairperson said this morning that Old Beach has been hit hard by short-term rentals, I am not seeing that whatsoever. And, we are seeing a reduction in the number of units on a lot of these, and with the occupancy restrictions that apply to short-term rentals that do not apply to people renting for more than 30 days in the same neighborhood. And ,that is in here too, some of the languages a little questionable I think some time needs to be spent on working on it, but we are not at all opposed to the fines and really not particularly opposed to the stuff in 19 although, again I do not think it is as good as it should be. On the Old Beach part, it looks to me like it is a solution in search of a problem. There are 2600 short-term rentals that are grandfathered legally non- conforming. There have been 196 applications filed for short-term rental CUPs since the ordinance went into effect. That is 7.5% of the ones that already exist. The short-term rentals that have been approved by council 62,that is 3% of the short-term rentals that already exist. Our statistics that I have that were presented to RAC and some of the people by the city, so, there has been 63 short-term rental applications in the OR District. There is no OR District in Old Beach I do not know where those have been 23 because I have not seen them. And, as I have said previously, why short- term rentals CUP is needed in the OR District is beyond me it does not make any sense at all. It is not a "neighborhood" as everybody uses that term. So, it does not make a lot of sense, but most importantly there are only 28 short-term rental applications, 1% of those that exist that have been submitted and I believe acted upon or in the process of being acted upon in all of Old Beach 28. That is my point of a solution in search of a problem. That is 1% of the existing short-term rentals and then Old Beach is just a small subset, as I said earlier, of the Oceanfront Area and I do not know why it is being dealt with separately from Lakewood, Sea Pines, or potentially Shadow Lawn. Also, city statistics show there are other short- term rentals in the city, there are 29% in the Beach District, 29%. Now, Princess Anne has the largest cause of Sandbndge, but that is still not an overwhelming percentage. Old Beach is finally experiencing at a more rapid pace, a long overdue and long encouraged by the city redevelopment. It is an organic redevelopment, city has helped, but it is mainly the investments that are being made by not just the folks that are here but there are others as well, Ken Hunt comes to mind. Do in large part to short-term rentals and many with an accompanying reduction in density, and certainly a better control over who is there and what they are doing, what they are spending. They are going to spend more money at the resort, because they are here for a vacation. And, you or I would come down and stay on Baltic or Arctic or 21st or 22nd street or Norfolk Avenue for four or five days or a week, but somebody might not really want to live on those heavily traffic streets 365. It is different from back in the area where there is not a lot of traffic. And, as a Commission has a city we should be a little bit more thorough in how we try to, we do not want to kill the golden goose and that is what this really is in some parts of the city, not necessarily in Croatan, not necessarily at the North End, but here in these areas that have been blighted in for years needed redevelopment. It is a great asset and truly same is true for Lakewood, and the other areas there, we should not be putting a scarlet letter on something that there is no evidence is a big problem. Lastly, the idea of by right owner occupied makes no sense to me. Okay, they just want to use from it too because what if you have some people it is great, I have one in Croatan and I would not get all details but bottom line, a lady with a baby by a new husband, a 13-year-old daughter they were renting out rooms in their house a year, this was going back four or five years ago. I had everybody in my block, what can we do this is crazy. Why would they let people move in the house for a weekend with their infant and a 13-year- old daughter. So, owner occupied short-term rentals can be great, do not 24 get me wrong, but it is not a panacea. It should be governed by use permit as well. Ms. Oliver: Thank you. Mr. Bourdon: Thank you. Do I have to answer any question? Ms. Oliver: No, I think. Thank you, though. We will be back. Mr. Landfair: Madam Chair, the last registered speaker on this item is Samuel Jones. Ms. Oliver: Thank you. Mr. Jones: Good afternoon. I hope you guys can hear me. I appreciate the opportunity to speak. I guess, I was 22 years old I left Virginia Beach and it is been six years of my life commercially fishing in the North and South Pacific.l started a family in 98, and bought a triplex on 27th Street that same year, since then I have moved to the 500 Block of 26th Street. So, I have been living in Old Beach now for 22 years. I am late to this party, but I spent last night watching the July 8, meeting with the Planning Commission. I am a small business owner. By day I wear toolbelt. So, in reality, the properties I own in Old Beach are my retirement. One of the concerns I am addressing you guys, I guess it would be agenda 20. In the future, my triplex is rented yearly at the moment and has been since 2001.At some point, I may want to look at doing short-term rentals. These gentlemen to my right and in the back, they are obviously having success. The Old Beach Overlay has made my neighborhood better. Some may say I live in a blighted home I live in a little three bedroom and one bath that was built back in 54. I am not ripping it down, I like my backyard. And, I am going to continue to update it. In the past year, my wife came down with breast cancer and through this whole transition our dream is possibly to rent our home and maybe go to France for a couple weeks in the summertime. But what I see if you really want to look at Old Beach and look at really who owns the properties and the number of short-term rentals, the number of annual rentals I think a lot of the tax records show that a lot of LLCs, own a lot of properties. I would vary to say that the permanent homeowners are in the minority and it is a very cool little neighborhood. I play tennis on 26th Street a couple times a week, I surf out front. But, with that said, I have for short-term rentals between on Mediterranean right. In the 600 block and the families that do rent those home walk by past my house every day going to the beach and it is kind of nice seeing people go walk and go to the beach. This morning I stopped a couple and presently painting and redoing the hardwood floors and my rental on 27th and they are doing three days, they are spending $300 a 25 night they are from Richmond. They are actually staying in not a very nice unit. So, we have a pretty big we got these brand new homes that Chris Edel has developed and then we still have some older stuff that is considered blighted. That may not ever go away or maybe not transition out as soon as the public wants. So, I want you guys to consider and respect the older residents and the possibility of being able to use the properties that we have invested in for future. And, there should never be a cap on the number of short-term rentals or weekly rentals, because even if it's East or West of Baltic .And, then on the agenda 20, I think that again I hope you guys taking consideration any type of future investments and in future people wanting to do short-term rentals and not alienate them if the numbers, there is too many in the neighborhood. I honestly as a resident, we are different than Shadow Lawn and we are different than North End. We are very close to the hub of the oceanfront and at the moment it looks like we are doing a good job of creating a nice neighborhood for short-term rentals, weekly rentals and even annual renters, and homeowners to live in. So, anyway, thank you. Ms. Oliver: Thank you. Mr. Redmond: Excuse me for a second, I did not catch your name at the beginning. Mr. Jones: I am Samuel Jones. Mr. Redmond: Mr. Jones, you are not late to this party, I thought your comments were very valuable and I also want to say, we wish the best for your wife and your whole family. Mr. Jones: Yeah, thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, at this time we would like to ask if there are any other speakers present either in the lobby, or in the chamber that would like to speak. Anyone? Mr. Sanders: No one in the lobby. Mr. Landfair: Okay. It would appear that there are no more known speakers. Ms. Oliver: Okay. Well, I think we will close this now and then up our Planning Commission. 26 Ms. Oliver: Yeah, let us close it and then we will open up for discussion and we will move through these one at a time, and do we want to wait for Mr.Redmond to come up we want him to catch up. Mr. Weiner: I would like comment if I could Staff anyway. I do not have problem with fines, but Mr.Bourdon bought up a good point. Why are we just picking on short-term rentals and there is a lot of other rentals out there in the city that have problems, long-term rentals. I mean I know why are preying on short- term rentals, but we thought about that about long-term rentals too. Mr. Tajan: As my understanding that because of the turnaround on short-term rentals and that the regular zoning enforcement process of a 30-day notice, and then going to the Board of Zoning appeals for some of these issues is a bit cumbersome and by the time someone gets through that process the season is over, and they are no longer renting, so, they are in compliance. So, part of it is the ability to as allowed by state code for certain zoning violations, they can become civil penalties which is what this is going for we use this currently also. We have the ability to utilize this for signage as well, but this follows what is permitted by State Code. Now, as far as this is a subset in the zoning ordinance, there is an subset in the zoning ordinance that talks about rentals. So, this is going in based on the utilization of a property as a short-term rental. Mr. Weiner: Follow up real quick to that, why are we including Sandbridge in this mean, I mean another part of the ordinance, but I mean why would we include Sandbridge on part of like they are in little entity down there and so forth. Mr. Tajan: The zoning ordinance requires that anyone operating a short-term rental comply with section 241 .2, which includes theportions that we deal with grandfathering and also the performance standards. Mr. Weiner: As I was just ask the question. Okay. Ms. Oliver: All right, so we are going to start with 18, and do we have any comments on this one. Mr. Redmond: I echo David's comments it seems to me rather unfair. I mean I heard your explanation, I just do not know that I buy it very frankly. I do think we ought to enforce far more in the city than we do. But, it just strikes me that we have different standards, so make a difference if you are violating the law in some way, whether a renter is there for 31 days, whether there for seven, I do not know that is particularly fair. I will say at the outset to, I mean I thought I have heard everything, but this is very educational session today, 27 and I listened to every single word. But, I am more discombobulated than I was when we began and I have objections based on what I have heard to everything Ms. Atkinson I was perfectly okay with the grandfathering until Ms. Atkinson. What is wrong with the lander does not it, I never thought about that. So, if you decide you feel like living in your own house instead of renting it for a couple of years, you cannot go back to renting again I do not know how that makes any sense, any case. So, I got a whole bunch of objections that I am not going to support anything today, because I think Mr.Weiner I hope anyway if I have read them correctly sure it is my view, but there is way more going on here than we can make up on the fly. Ms. Oliver: I am going to interrupt you and I am going to let the attorney speak for one second. It can happen all the time. Mr. Redmond: I get it all day long. Ms. Oliver: Its okay. Ms. Wilson: I understand about civil penalties. Right now if you have a zoning violation, which is what these are, when you violate the zoning ordinance you are charged with an unspecified misdemeanor, it is a misdemeanor when they say have you ever been charged with a crime, you have to put down, yes, because it is a misdemeanor. Now for zoning you cannot go to jail, that is why it is an unclassified or an unspecified misdemeanor. But, it is a fine up to $2500. $2,000? Ms. Wilson: $2500. Anyway, so we feel that a bigger penalty on someone, than someone going through the system and having a civil penalty. They still have due process. We send you what looks like a summons, it just says the violation is this, the penalty is this, the $200. If you want to pay it, you go down to the treasurer's office and you pay it. And, it goes into Planning's budget under short-term rentals under civil penalties. If we did not do this then people would have to go through the regular process, which could potentially give them a misdemeanor. Now, we do not want to give them a misdemeanor on their record forever for some of this stuff. We felt it was a way to make it easier on people who have violations. Because a lot of the things are not earth shattering, but there are other things that also have civil penalties in the zoning ordinance, SANS are civil penalties. There is a philosophical issue. Mr. Redmond: We do not enforce the sign thing just so you know, we talked about that earlier. 28 Ms. Wilson: Yes, they are. There is a philosophical debate between which is better, civil penalties to get people to do things or criminal penalties, and it is philosophical more than it is concrete. We have looked at going to civil penalties for everything, but many people feel that criminal penalties are things that require people to more readily bring their property into compliance. If they have variance requirements, so they have setback issues and they have other things. So, that is why we went to civil penalties, because it was justifying. Now it is only$200,if you have a regular fine from a criminal violation it could be up to, I think it is $2000. But, that is why it was done, it is not something that is brand new or never been thought of and you still get due process. As if we decide, hey I am not paying that$200, I am just not paying, come on over to court. Tori will be there and she will prosecute you just like it was a criminal violation, except her standards, the standard for proving it is lower for the City. Ms. Oliver: Okay. Mr. Redmond: I thank you for that, I still share David's view, I just do not know that is consistent, so, I have a different view of it. So, anyway, thank you. Ms. Oliver: Yes, Mr. Graham: I agree with Mr. Redmond, I thought it was great to hear from these speakers. Full disclosure Mr. Jones back there I went to high school with him. And, he grew up in Virginia Beach he went first colonial High School, as I did. And, I am sure that he is surprised it how revitalized that area is today compared to what it was back in the 80s, it is very different. And, hearing the speakers, I mean, they have taken places and you look at these pictures, they took places that were eight units and converted them into two houses, the before and after pictures. I mean, this is short-term rentals have been the economic engine of that area they have to completely transform that area. I am torn with short-term rentals in other areas like your traditional neighborhood, but here close to the beach I am not I think that what has happened over there is great. And, I agree with Mr. Redmond. I do not know that there is anything in here you can support today, I think this thing is being rushed through I think that more thought needs to be given to it. Ms. Oliver: All right. No disrespect, but we are going to do 18, because I just do not want. Mr. Weiner: We got to do 18 first. Ms. Oliver: We got to do 18, we got to do them separately. 29 Mr. Graham: Okay. Ms. Oliver: And, so that we can focus specifically, kind of where we are and what we are addressing. Robin. Ms. Klein: I understand the argument for 18. However, since it is currently a criminal penalty, which I disagree with, I do intend to support the transition to a civil penalty, at least in the interim. Ms. Oliver: Okay. Perfect, right. Yes, Don. Mr. Horsley: The whole thing was civil criminal penalty it did not make much difference to me, other than the fact that the enforcement is the whole thing. And, I cannot see that changing this penalty is going to make anything, I do not know where the enforcement is going to come from. I just do not think we have to staff or whatever to enforce it regardless of what it is. I mean, the civil penalty versus criminal penalty, I mean it is minor penalties is as that is fine with me I do not mind that, but what is the people that have put this issue up what method of enforcement have they come up with to help enforce with any type of penalty. Because, we do not have the staff now in order to do it now evidently. Mr. Tajan: Mr. Horsley, you are correct currently right now we are working as best we can with what we have and we do have three additional positions that have been kicked free from the hiring freeze to allow us to focus on this as well as our contract with host compliance. So, Mr. Kemp and I was in a meeting with the City Manager discussing other ways to add to our enforcement capability, whether it be a third party or to figure out a way to fund the ability to have someone to be out there on the weekends to go and enforce these requirements. So, it is not something idle, we were not just tossing the words out. We are also working as far as staffing and finding other solutions that are available to us to do the enforcement. Mr. Horsley: I mean, I see this with other things not just short-term rentals enforcement or other thing. People complaining to me all the time about various things and said why did not the city take care of this and I said, well, I guess we just do not have the people to enforce the code. So, regardless of what penalties we put up there, I think that is something that somebody on Council or somewhere has got to come up with a way to provide more enforcement to use those. Ms. Oliver: Well. Yes, Mike. 30 Mr. Inman: I certainly think civil penalties makes more sense than the criminal penalty on this kind of thing and I think we can support that. Ms. Oliver: Right. Mr. Inman: I would support that. Ms. Oliver: Alright. So,do I have a motion for 18? Mr. Inman: I will move approval of 18. Ms. Wilson: I will second. Ms. Oliver: Great. Marchelle will you call for the question please. Ms. Coleman: Sure.lf you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. 31 Ms. Coleman: By recorded vote of seven for and one against Agenda Item 18 is hereby recommended for approval by the Planning Commission. Ms. Oliver: Great. Alright. That went smoothly. Alright, so now we are going to talk about number 19, revocation of grandfathering status and City Council funding regarding to short-term rentals. Mr. Weiner: I will start this one. I am completely done with this one, after listening to everybody out there, I really appreciate the input it was really good information. I would make a motion to strike item two completely required findings and the minimum I would support on grandfather would be 60 months. Mr. Redmond: How many months? Mr. Weiner: 60 months. Mr. Wiener: Five years, 60 months. Okay.I mean that would be the minimum I would support for grandfathering. Ms. Oliver: Alright, hold on. Mr. Wiener: That is just me. Mr. Redmond: I agree with that. Ms. Oliver: So, you want five years. Mr. Wiener: Five years for grandfathering and completely strike item two required findings. Ms. Oliver: Item two, as in numeral two or the whole segment. Mr. Wiener: It says item two. The whole paragraph. Mr. Tajan: The required findings. Mr. Wiener: Yeah.ltems 1, 2, 3, and 4. Ms. Oliver: You want all of those gone. Mr. Wiener: Yes. Ms. Oliver: Okay. Mr. Wiener: That is just me. 32 Ms. Oliver: That is just you. Mr. Redmond: No, it is me too. Ms. Oliver: Oh, okay. My goodness. So, you do not want aesthetically pleasing parking. I am just asking, because you can pick and choose. You do not have to be blanket. Mr. Wiener: I understand, this is just my opinion thought through. Ms. Oliver: I am just sort of soliciting. Mr. Wiener: It is just not thought through, it needs to be. We need to sit down and think about what is going on here. Ms. Oliver: Because they do not have any problem with aesthetically pleasing parking. I think that is a good thing. Mr. Wiener: Well, that is fine if you want to fix it. Mr. Redmond: Vote against it. Mr. Wiener: If you want to keep it item two. Ms. Oliver: That seems to be the crutch of our problems here is parking because that is the only thing we have, and so we are debating on whether or not, gravel, eight feet of this, does not look like that, what is the apron look like. So, if we are hanging our hats on parking, we might as well make it look good.Yes. Mr. Redmond: I agree with that. Ms. Oliver: Thank you. Mr. Redmond: However, be that as I have said before I share Dave's view, and an awful lot of this is just not very well thought through and requires greater consideration, factually though and substantively I do not like the idea that if you choose to live in a house for two years that you were previously renting then you lose the ability to then rent it again because you choose to live in your own house. It just does not seem to me to make a lot of sense, so, I am not going to support it. If you want to make a motion, I consider what you said an improvement, and I will be happy to support your motion. In the end, however, I am going to oppose the entire concept of it because I do not think that's fair to property owners. Ms. Oliver: Yes, Robin. 33 Ms. Klein: If I get granted conditional use permit for my home now. I am not applying. And, then I decide to live in it and I am not grandfathered or legally nonconforming what happens to that permit. Ms. Oliver: I do not think anything happens. Yes, okay. Mr. Redmond: First I love how you keep direct these questions with Dee and I would encourage you to keep to it, I'm rather enjoying that. Ms. Wilson: You got a CUP right. Ms. Klein: Yes. Ms. Wilson: Okay, your CUP is good for five years and then it will just simply disappear unless you come and renew it. Ms. Klein: Okay. So, I think that is very well in lined with your five year suggestion. Yeah. Mr. Horsley: But, you does not have CUP, if you do something, if you have some type of a vested right in it within that five years, does not that make it stay. You do not have to have it completed in five years. Ms. Wilson: No. If your CUP is specifically conditioned on, it only lasting five years, so there is no vested right argument, you knew you had it for five years that is all. Mr. Tajan: So, Mr. Horsley said that, in this case a conditional use permit is Ms.Klein is referring to has a very specific condition stating that it lasts for five years. If you are talking about other conditional use permits, yes, the discussion is a different, but it is laid out in the ordinance that way. Ms. Klein: If it is vacant for five years you essentially lost your right for grandfathering property, and would been under your suggestion. Mr. Redmond: Under Mr. Weiner's suggestion. Ms. Klein: Right under Mr.Wiener's suggestion. Ms. Wilson: Under Mr.Wiener's suggestion, just take the two and make it a five. Ms.Klein: And make it a five,which would be the regular length of time for a conditional use permit. Mr. Inman: I actually support all of this. There is going to be subjectivity, there has to be subjectivity you cannot, as Kay explained early on in our informal session 34 you cannot objectify every single thing, there is judgment calls to be made by us recalled on to make judgments about density, and whether there is too much density of short-term rentals. So, that it destroys the neighborhood concept that neighborhood feel, the benefit of living in a non transient neighborhood. So, that is what that is about. That is what two of those items and number two are about. We have been concerned for many months now about, we have seen, I think a higher volume of applications than we ever really expected around the city, and we all of a sudden we are like, whoa, wait a minute what is this going to do to these neighborhoods. Everybody is thinking about today, Old Beach, I am talking about all of the things we have been concerned about, some parts of the Shore Drive neighborhood. So, I am not offended by any of these criteria that I think they are good that we have to make those findings in order to protect the neighborhoods. So, that is what I wanted to know. I am alright with it. Ms. Oliver: I mean these are all the things when you look at them individually and then the grandfather with separate from. These are all the same conversations that we have every time we look at them, how many, where is the map, we turn to Planning Staff and go where is your map, how many are there, what is the street look like, what is the parking lot like. Well, the guy just paved his whole driveway I mean his whole front yards. So, that is not aesthetically pleasing. Somebody wants to gravel or put dirt in there, they are bumping over curbs and stuff, all that is doing is saying, hey look if you can meet your parking requirement or we can help you meet your parking requirement, can we do it aesthetically pleasing. How is the landscaping look. The occupancy is basically, does it does it meet the requirements of what everybody else is doing on the street, you have 50 people in your house or do you have 11 people in your house that is reasonable to be in their bedrooms and what is wrong with number four, STRs are needed. I am just curious resource in certain areas of the city, particularly those in close proximity to venues and part of that was because we do not have, Old Beach is three blocks from our resort. We got thousands of hotel rooms right there. So, it is not as if people are landing in 27th Street and they cannot find a room. That is not the problem, that statement if I recall correctly part of that was due to the fact that the Amphitheatre and the sports complex where we do not have hotels, was so, that then we could look at that area and say yeah In fact, they do need STRs there, because these families are bringing all these kids into play these sports and stuff and we do not have any place for them to stay and the resort hotels are too far for them to go. 35 Mr. Weiner: Okay.I understand, but I am going to break it down two and three I could probably live with, but one I definitely could not. Who would say that the way I think characteristics change in the neighborhood is different than yours, as Mr. Redmond brought up earlier. Two houses on they are different in what I think for a characteristics surrounding neighborhood. And, I know I am keep bringing this up, but I think just because there is hotels there it does not mean people want to stay in hotel, I do not want to stay in hotel, anywhere I go I would rather stay in a house and that is just my opinion of course. So, the proximity of the venues and districts in the areas generate high volume. I mean, that is perfect for Old Beach in my opinion. So, I can live with two and three rather, how is that. Mr. Redmond: I would make the following argument characteristics of the surrounding neighborhood. If there was a neighborhood with a preponderance of short-term rentals, I would argue that is a characteristic of the neighborhood. If you look at some of these neighborhoods and say they havegot all these dots on the map, look how many short-term rentals on there. Is that not fundamentally a characteristics of the neighborhood. If I am one of these builders and I come up with an application and my application is denied, on the basis that it changes the characteristic of the neighborhood where there is already a preponderance of short-term rentals. I am going to sue. I mean that is just strikes me as oxymoronic and really needs a lot more work. It just kind of made up and it does not, again I am not going to support this grandfather thing because I think it is unfair to people who own things. But, that to me is probably the most offensive of the things that I find here, I completely agree with you Dee about the attractiveness of things, it is statics to stuff to me, it makes a gigantic difference. In fact, I think we have to look much more carefully at parking not just at the attractiveness of it, but how are we getting into. My problem with this 9x18 thing is requiring far larger parking and more impervious cover than we ought to and I think there is such a much deeper, more complicated conversation than we have because I do not want all this. I mean, you know much better than I would have all this more impervious stuff. And, frankly people move their cars to let the other car out all the time, not everything needs a big wide turning radius of a Chevy tile. So, in any event, I just number one to me is, is a nonstarter. It is not ready for primetime, it is easily argued in my view that in a lot of these places where there is already a preponderance of short-term rentals, but that is a characteristic of the neighborhood. So, I am not exactly sure how you even on a subjective basis that that makes sense. Anyway, I am sorry, go ahead. 36 Mr. Inman: Then number one would be okay with you because you get to make that argument saying, if you are not changing the nature of the neighborhood, so, it is okay. Mr. Redmond: But, that is my point is, it does not have any real meeting, if everybody can see it 18 different ways and it is not really a law. Ms. Oliver: I think that is the whole purpose of it. Mr. Redmond: So, it is not to have meaning. Ms. Oliver: No, I do not think the lack of, I am not saying new as it specifically I think. Mr. Redmond: Well that is okay. Ms. Oliver: Some people are looking for specific black and white laws regarding this and I think it is subjective to where we are and what the area looks like. Do I think that a lot of the development in Old Beach is a plus to that area, absolutely I think that it is absolutely gorgeous to go down there after growing up and down on the oceanfront and see that these places are pushed to the street that we actually have sidewalks for once, we never had sidewalks. The walkability, the balconies, the parking in the back it is all a huge plus for that. Again, it's obbjective to them all of a sudden we have another area that has some not so well run Airbnb's that are not properly managed by a property management or that a company that is readily available to troubleshoot areas, that is causing problems that allows us to go in and say, you know, this is ruining the character of this particular area, this particular neighborhood. This is an enhancement to this particular area, this particular neighborhood. Mr. Inman: I will give an example like Arizona Bay, very dense, there probably are not any short-term rentals in there. But, do you want to allow a bunch of short- term rentals in there, they are not used to having short-term rentals, they probably do not want short-term rentals. So, there is certainly a right to have some, but it could become such that it is now changing the nature of that neighborhood, the nature of that neighborhood is not short-term rental. So, this allows that kind of analysis. Mr. Redmond: I understand that, my view is laws ought to have meaning or they are bad laws, this does not have enough meaning to me. If you can interpret it 18 different ways, I do not know how you can follow it. They have to be more specific and in this case, it seems me entirely just like we had to do it the first time entirely rushed and that is how you end up with a mess. And, 37 we had one before we still have it largely it is that rush part, but coming up with phrases like change the characteristics of the surrounding neighborhood that do not really have any great definition to me. It is just asking for trouble. Ms. Oliver: I am just throwing this out there, because I am just trying to. Mr. Redmond: This is a great discussion now by the way. Ms. Oliver: I just want to figure this out. Let us just say, we head down to Princess Anne out to the rural area. All of a sudden, we have got venues that want to go in and do all this and everybody is like, no, because that changes the character and the fabric of that particular area of what it is technically designed to be. So, the zoning is AG, this is what we want this, this part of our city to respond and act like. Now, we go into a residential area, which people go in and buy a house and I am just playing devil's applicant. Mr. Redmond: Yeah. Ms. Oliver: We go into a residential area, people move here, the military moves here, women are looking for schools, they are looking for a neighborhood, they go okay, here it is. This is where we are going to go for the next two or three years. We are going to buy a house this, that or the other. And, then all of a sudden they find, well, it is not a residential area, we have got a commercial use in a residential area that typically would not be. And, I am not talking about what is within three or four blocks of the Oceanfront, I am just talking about further into the city, further back. How does that perform, we do we then just kind of say, we can go down to the farms and we can do well, because that does not change. Mr. Redmond: Well, let me answer it, and that is, it is far more specific than this is, take his example about the wedding venue that we have been through and we are going to see again of course. And, the ordinance as I understand we have not seen it yet, but the ordinance is being drafted as, assembly uses are not permissible in the AG District, is that correct? Mr. Horsley: It is being negotiated now. Mr. Redmond: Okay, but so, let me use as an example, that is pretty easy to understand. That is pretty easy to point to, it is not as broad, and is meaningless as change the characteristics of the surrounding neighborhood. I know what an assembly use as, I know what AG-1 is, I can point to that and tell you whether it is or is not, an assembly use. I mean, I 38 understand your example, but you kind of are helping me make that argument which is that is much more specific, I understand what he is saying, I understand what the applicant who's proposing that particular application. And, it is pretty clear and you can just make a decision because it has meaning, this does not have any meaning to me because it is just so unspecific. I do not like that we are messing with people's property rights in this grandfather thing, but that whole phrase changing the characteristics, it is just not there, it is just not good enough for me. So, I mean we are just going to disagree on this, I understand. But, I do not know that it has, it just does not. Ms. Oliver: only reason I'm asking is because at one point we are going to have tobe more specific, and so, why we were just on the roll I just basically. So, you had Mr. Grothmal who said, well then, let us do it by a math problem. You measure each street and two thirds of its residential and I am just throwing it out and one third of it is STRs. And then, therefore now you have a math problem, now you have law or something that appears to be more cut and dry. Mr. Horsley: You got a box you can check, when you figure it out that percentage you got a box you check and when you get all your boxes checked you can go with. But, but this is not that direct. Ms. Oliver: Right. Mr. Horsley: It is a lot of subjectivity to those four comments there. Mr. Redmond: It is altogether too much objectivity. Mr. Horsley: And, really what it boils down to is can you take those four things and get six votes that is what it amounts to and then put all aside. So, it is a lot of subjectivity. I kind of agree with what David said about the two years, I would not mind go into the five years on that deal. But, the other ones is a lot of subjectivity because it gives you a lot of points that you can discuss like we are doing right now. But, do you want to have a three hour discussion on each one to see if you can muster up enough support to get it either passed or not passed, you know, what it means to. And, I am going to say one thing about it to talk to you here today, I got to move out of it people that spoke today than any short-term rental briefing that I have been through by the people. There is a lot taking place and we are kind of predicted that this was going to happen, when we first started, but we were thinking in going into other established neighborhoods not able to thinking about the beach or whatever but we were thinking that blighted homes would be purchased 39 and people would take them and either remodel them or build a new home there and do short-term rentals in as a business. And, that is what is happening at the beach now that is what is happening and not necessarily blighted, but older properties. And, it is really enhanced that area where it looks like to me from the pictures I have seen today and I got to think of a couple you all said somebody and I really agree that today's comments and what we have heard has been the best that I have heard. Maybe, our ordinance is not too far out of line maybe, we are getting something accomplished of what we have got now, other than a few little tweaks that have bothered me badly. Mr. Redmond: I agree with you, I think the comments today were outstanding. Mr. Weiner: You know what that bowls down to, is having the ordinance in place for a little while. And, we are rushing to try and figure this out, we need to let it go a little bit longer, maybe we need to let this go till November, let December finish. And, then let us work on it over the winter, for next year. I mean, we have not had this go long enough, we do not know what is happening there. Mr. Horsley: The one thing I think that we did not anticipate was the number, the volume of applications that was coming, I do not think that was anticipated with that volume. Mr. Alcaraz: Do we have the option of differing it, Ms. Wilson. Ms. Wilson: It has to be returned to City Council within 100 days. So, you can differ it for the next 30 days to your September meeting, if you wish to. Mr. Weiner: If we differ, okay, this is me okay. We are going to be together for the next four weeks every Tuesday night for next four weeks, we have no time to think about this. Mr. Alcaraz: Im just going to say that I was supporting number 19, with number two with all the findings and comments, but I do like your 60 mark, so, I do not know if I can do a substitute motion or an amendment to your motion, but I would prefer to leave the motion. Mr. Weiner: I thought you did. Mr. Alcaraz: I said,I would make a motion, but did not. Mr. Weiner: Oh, I am sorry. Ms. Oliver: I did not hear you, what you said. You liked. 40 Mr. Alcaraz: I like the whole thing ,but actually if he wants to say 60 months, I am good with that. Ms. Oliver: I am good with that too. I mean, I will do that. Mr. Redmond: Do we take out one and four. Ms. Oliver: I am going to leave one and four. Mr. Alcaraz: I am leaving them. Mr. Weiner: Hey anyhow put me on the spot. Mr. Graham: I agree with two of two and three of two, but I do not agree with one. One it is poorly written it is very subjective. It sounds like to me that a lot of Old Beach the characteristic of it is short-term rentals and rental properties. Number four is just to me, I do not think it was written very well, I do not think it was well thought out. But, I would support Mr.Wiener's idea of the five years for number one for the grandfathering, and then on number two and three, but not number one and four. Ms. Oliver: I think it is George put the motion on for five years and then adding all the rest. Mr. Weiner: But, we can sit and look at number one and we can say, oh, Old Beach does have the characteristics of short-term rentals, so we should approve all of them. Mr. Graham: Well, problem is that, I agree but then somebody else could interpret maybe differently and it is just poorly written. Mr. Weiner: It is not right. Ms. Oliver: We do it right now. Mr. Redmond made a motion in Bayside due to the density there I think it was a short-term one. There was a lot of density, it was on Shore Drive something. One of them we did not do because of the amount of. Mr. Redmond: I will tell you exactly what it was, I will characterize it rather than you character. There was a cluster of four homes, of those four homes one was a short-term rental. Someone wanted to do another short-term rentals, so, that two of the four would be short-term rentals that is 50% in a four cluster of homes, and one of the owners who did not own a short-term rental had particular problems with one that was there. My concern at the time was that is probably going to exacerbate that, and that is gone from 25% to 50% 41 where 25% was a problem. That to me is a lot more definable than change the characteristics of the surrounding neighborhood. And, I could easily quantify that and did in the course of that application. It is not going to change my view I mean, I just do not think this is right. I only tell you what I am going to do because we got 19 different options here. I do not like anything in number two, I do not like the grandfathering at all. I think what David has proposed is an improvement. Mr. Alcaraz: We have a motion on it. Mr. Redmond: I would support David's and I am not going to support the other one. Ms. Oliver: Right now we have got a motion on the floor. Mr. Redmond: David did you make a motion. Mr. Weiner: No I do not. Mr. Redmond: You did not make a motion. Mr. Alcaraz: I made a motion that number nine, or agenda number 18 be approved but the change of 60 months and as far as the findings, amendment that they all stick. I like it because I think it puts more work on the builders, the applicants to do what they can to make this work for them, so, we can prove it. That is why I like it. Ms. Oliver: Do I have the second. Mr. Graham: I second it. Ms. Oliver: Okay. We are going to call. question, please. Ms. Coleman: If you are favor of the motion say, yes, and if you are appose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: No. Ms. Coleman: Mr. Horsley. Mr. Horsley: No. Ms. Coleman: Mr. Inman. 42 Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: No. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of four for and four against Agenda Item 19 is hereby being denied. Mr. Weiner: The motion is failed. Can I make a motion to pass. Ms. Oliver: Hold on. Mr. Weiner: Well, it'll be four for again probably. I would make a motion for item number 19, I do not want to be five years, and for item number two record findings to strike one and four and keep two and three. Mr. Graham: I second that motion. Ms. Oliver: Then call for the question Marchelle. Ms. Coleman: Sure,give me one second. Ms. Oliver: Sure. Ms. Coleman: Okay. If you arein favor of this motion say, yes. lfyou oppose say, no.Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. 43 Ms. Coleman: Mr. Inman. Mr. Inman: No. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No. Ms. Coleman: I recorded vote of four, four and four against Agenda Item 19 is hereby denied by the Planning Commission. Mr. Weiner: So, this gives the council for 24? Ms. Coleman: Failed, Correct. Mr. Tajan: We did not do anything it goes recommended. So, as it stands it goes recommended for denial by the Planning Commission. Ms. Oliver: Okay, where are we. We are on number 20, which is to allow certain short- term rentals as permitted use in the Old Beach Overlay District. Do I have anybody that has anything, comments or motion. Mr. Alcaraz: I am just glad we got an updated map and with the comments that we got from I guess some of these developers or builders I appreciate what they said and I have also appreciated what they have done from what it looked like then and what it looks like now. Having said that, me understand this OR is not in Old Beach? Mr. Tajan: it is not on an Old Beach, that is correct. Mr. Alcaraz: I was not aware of this, but everything as some of the builders said East of Baltic has got that apartment or rental zoning. And, they are actually some of them are offering to take that as the overlay. And, then maybe everything west of that would be a use permit. So, I kind of support that, it kind of says it right on the map. 44 Ms. Oliver: Yes, Mike. Mr. Inman: I support what George said mostly, but it would be if you are West of Baltic if it is zoned a multifamily that would not require principal use. So,that would be available without having principal, in a principal residence zoned A-12 or is it any other A zoning West of Baltic. Mr. Redmond: Can I ask an operational questions here. Ms. Oliver: Yes, absolutely. Mr. Redmond: STRs is a principal residents and owned by the operator, how in practice does that work. It is my principal residents, that means I lived there. Ms. Wilson: More than half the year. Mr. Redmond: More than half year, so, like these family I am going to kick my family out and I continue to chuckle about by the way. I am going to move out whatever four months or five months or six months and then rent it but I am going to go back for part of the rest of the year. Mr. Weiner: What was it redefine that the line, which you are talking about. Mr. Inman: Okay, Baltic Avenue is a primary line, East Baltic Avenue would not have to be a principle residence if it is West of Baltic Avenue and it is zoned for multifamily use would not require a principal residence. Mr. Tajan: So, based on what you are saying Mr. Inman it may be easier to just say in the Old Beach Overlay, are you trying to say that they can apply for conditional use permit still or you are trying to say that they you think still can apply. So, then it would be more uniform to say in the Old Beach Overlay anything zoned multifamily can still apply for a conditional use permit while everything else is zoned because you are talking about the apartment zonings, correct. Mr. Inman: Yes. Mr. Tajan: Okay. So, while everything else has to meet this criteria, that makes it very difficult for us. Because, based on the Overlay District you are permitted to have single family zoning or single family uses on the multifamily properties, which is why they are getting redeveloped in that fashion. So, I think we are having a bit of a hard time trying to understand kind of the change unless you want to make the bright line on Baltic only and not anything else. Mr. Inman: That is fine. 45 Ms. Wilson: So, anything West of Baltic would have to have those requirements and East of Baltic support which it is. Mr. Alcaraz: By right. Ms. Wilson: Make it by right.Okay. Mr. Weiner: By right the conditional use permit. Ms. Wilson: By right with the provisions of 241.2. Mr. Weiner: Yeah,that would be the ordinance like Sandbridge. Ms. Wilson: Okay. So, East of Baltic would be by right. Mr. Graham: And, that means the Westside not to get into the nitty-gritty, but I think we say that the Westside of Baltic and this side East. Mr. Alcaraz: One of the speakers, made it. I caught that too, but it would be the address of Baltic Avenue West. Mr. Redmond: Yes, I like that. That makes it simple. Mr. Alcaraz: That kind of fills the blank. It is not half the street west because you got property that is on the Westside of Baltic Avenue that is on Baltic Avenue address. Ms. Wilson: Like we have run the line down the middle of the street. Mr. Alcaraz: No, I do not. Mr. Graham: Not that in the middle street. Mr. Alcaraz: Would use address Baltic Avenue. Mr. Graham: Okay. So, it would be, it would have to be the back of the property line along here that you are going to run it. I mean, you cannot run it down in the middle of the street just because what is the difference between one side of the street and the other. I mean, it is a busy street I mean I do not really. Mr. Inman: Any property the fronts on Baltic Avenue. Mr. Graham: That is what I agree with Mr. Inman. Ms. Wilson: It has to be East or West. Mr. Weiner: West, those to be West. 46 Ms. Wilson: Okay, I am lost. I am sorry guys I am having. Mr. Alcaraz: Everything on Baltic Avenue East would be by right that is what I understand. Mr. Redmond: West side of Baltic Avenue will be by right. Mr. Graham: Westside of Baltic Avenue would be by right, correct. Ms. Wilson: With the meeting that provisions of 241.2. Mr. Inman: Yeah, correct. Ms. Wilson: Okay. What did you George, do you mind repeat that. On the Eastside of Baltic, Baltic is the dividing line. Anything fronting the Baltic Avenue is going to be east. Okay. Mr. Alcaraz: So, now we need to... Ms. Wilson: And then the West would be that. Mr. Alcaraz: Correct, that is correct. Ms. Wilson: That she says that she points to the screen. Okay. Ms. Oliver: Yeah. Just finish the overlay. Mr. Graham: Because we already determined the 22nd Street was OR anyway. Ms. Oliver: Is it, surrounded by OR anyway. Ms. Wilson: Okay. Ms. Oliver: Alright. Yes, ma'am. Ms. Klein: Are we keeping the provision about the multifamily homes that are West or East or was that. Ms. Wilson: No. Ms. Klein: That is up, okay. Mr. Inman: Do we have motion. Ms. Oliver: Can we make a motion. Mr. Inman: George. 47 Mr. Alcaraz: I am sorry, if I am sounding confused. So, we are not going North or South, we are just staying at Old Beach, I thought we. Ms. Oliver: No, because those two streets that you probably referring to are not in Old Beach, 21st and 22nd Street are not in Old Beach, that is OR. Mr. Alcaraz: Thank you. Ms. Oliver: So, you just looking at the rest of the overlay, which is basically encompasses everything. I think I actually have a map for George, hold on. Mr. Alcaraz: Alright, I was saying that everything. How we ended up saying for Baltic, fronting on Baltic East. Ms. Wilson: If you're fronting on Baltic you are considered to be East, you are considered to be part of the East. East is by right as long as you meet the provisions of 241 .2. The west will allow us STRs by right also, but you have to meet 241.2 and it has to be your principal residence. Mr. Alcaraz: I agree. Ms. Oliver: This actually has the all the zoning on it. So, there it is. Mr. Alcaraz: Somebody second it. Ms. Oliver: Do we have a second. Mr. Alcaraz: I will second. Ms. Oliver: Marchelle can you call for the question. Ms. Coleman: Did we get a second. Mr. Alcaraz: I did. Ms. Coleman: Okay. Thank you. Alright, if you are in favor of the motion say, yes. If you are oppose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. 48 Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against Agenda Item 20 is hereby approved by the Planning Commission with the changes noted. Mr. Redmond: We all agreed on something. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes _ _ _ ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS Staff recommends approval of this Ordinance amendment. Permitting Short Term Rentals as a matter of right will alleviate the number of applications reviewed by staff and considered by Planning Commission and City Council, which have been burdensome 49 since the implementation of the Short Term Rental Ordinance. By making the operation of the Short Term Rental contingent upon meeting the requirements of the Ordinance, as well as being the principal residence of the property owner and operator, staff is confident that this amendment would mitigate the negative impacts that residents of the neighborhood have brought to staffs attention and maintain the residential character of the Old Beach neighborhood. The operator will be more vested in the care of the property if it is their principal residence, rather than a property that is an investment property whose owner does not reside in the area pertain to this site. 50 I ,„ re.,.,,,, 4t„ < saw {'! „..... ..„......„,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AN ORDINANCE TO AMEND SECTION 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO THE REVOCATION OF GRANDFATHER STATUS AND CITY COUNCIL FINDINGS MEETING DATE: September 15, 2020 • Background: This Ordinance is sponsored by Councilmember Guy Tower, Beach District, and was referred to the Planning Commission and considered at the August 12, 2020 Planning Commission public hearing. When the Short Term Rental ordinance was adopted on January 15, 2019, City Council realized that a large number of Short Term Rentals were operating in the City and were registered and paying the appropriate taxes with the Commissioner of Revenue (COR). As such, City Council adopted an ordinance that grandfathered any property that was registered and paying the appropriate taxes to the COR prior to July 1, 2018. The grandfathering status would alleviate the property from the requirement of obtaining a Conditional Use Permit. Currently, the grandfather status of the property runs in perpetuity with the land. Grandfathering may only be revoked if the Short Term Rental is increased by 1 ,000 square feet, or 25-percent, whichever is greater. This amendment would establish a twenty-four month time period in which the grandfather status may be revoked by the Planning Director if the property was not used as a Short Term Rental during that period. The second part of the proposed amendment adds a "findings" section to Section 241.2 of the Zoning Ordinance. This provides guidance for City Council, Planning Commission and staff to consider when reviewing applications. The proposal includes four "findings" which are summarized below: 1 . The density of Short Term Rentals in the immediate vicinity of the property should not change the characteristics of the neighborhood. 2. Parking should be readily available, and done in an aesthetically pleasing and environmentally friendly way. Alternative parking solutions should be reasonable as to be practically used by the renters of the Short Term Rental. 3. The potential increased occupancy of the Short Term Rental is compatible with the character of the residential neighborhood, particularly regarding additional noise, trash, and other possible nuisances. City of Virginia Beach — Short Term Rental Grandfathering and Findings Page 2 of 3 4. Recognizing that Short Term Rentals are a needed resource in the City, particularly in close proximity to venues, districts and areas that generate a high volume of people and visitors. • Considerations: The first proposed amendment regarding grandfathering will allow City Council the opportunity to have input on Short Term Rentals that have not operated for more than two years. As the properties have not been used as Short Term Rentals for that period of time, it is beneficial to consider the impact they may have on the surrounding neighborhood. The Planning Commission discussed changing the time period from two years to five years. There was consensus among the Planning Commission for this change. The second portion of the amendment regarding City Council findings would provide a basis to which City Council, Planning Commission and Staff could further evaluate short term rental applications, and ultimately be approve or deny them. Planning Commission discussed this proposal at great lengths, particularly in regard to the necessity to include each finding and the measurable aspects for which they may be evaluated. Ultimately, a motion was made by Planning Commission to approve the proposal changing the grandfathering timeframe from two to five years and changing the proposed findings, negating number one (density of STRs in vicinity) and number four (STRs are a needed resource in the City). This motion failed on a 4 to 4 vote. A second motion was made to approve the proposal changing the grandfathering timeframe from two to five years and the findings as drafted. This motion failed on a 4 to 4 vote. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Opposition was present at the public hearing. • Recommendations: The Planning Commission passed a motion to recommend denial of this request by a vote of 4-4. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach —Short Term Rental Grandfathering and Findings Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department WQ-L— City Manager: 1 AN ORDINANCE TO AMEND SECTION 241 .2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE REVOCATION OF 4 GRANDFATHER STATUS AND CITY 5 COUNCIL FINDINGS 6 7 Section Amended: § 241.2 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 241.2 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 241.2. - Short term rental. 20 21 (a) Short term rentals shall be subject to the following conditions unless 22 specifically modified by action of the city council in granting a conditional use 23 permit or creating a short term rental overlay district: 24 25 . . . . 26 27 (12) Any short term rental that has registered and paid transient occupancy 28 taxes to the Commissioner of the Revenue prior to July 1, 2018 shall be 29 considered grandfathered and shall not be required to obtain a conditional 30 use permit, but must meet the conditions of section 241 .2. Any expansion 31 of the footprint of the dwelling housing the short term rental that expands 32 the overall square footage by more than twenty-five (25) percent or one 33 thousand (1,000) square feet, whichever is less, shall have its 34 grandfathered status revoked and must immediately obtain a conditional 35 use permit to continue such use. Any grandfathered short term rental that 36 is vacant or not used as a short term rental for 24 consecutive months 37 shall have its grandfathered status revoked by the Planning Director. 38 Grandfathered status shall run with the land; 39 40 . . . . 41 42 (b) When approving conditional use permits for short term rentals City Council 43 shall find that: 44 45 (1) The density of short term rental uses in the immediate vicinity do not 46 change the characteristics of the neighborhood; and 1 47 (2) Parking is readily available to accommodate short term rental use. On- 48 site parking solutions are visually appealing and environmentally 49 responsible. If an off-site parking plan is submitted the parking is 50 reasonable and practical so as to be easily used by the guests of the 51 short term rental. 52 53 (3) The increased occupancy of short term rental use is compatible with the 54 character of the residential neighborhood considering factors such as 55 noise, trash and other negative consequences. 56 57 (4) Short term rentals are a needed resource in certain areas of the City 58 and it is located in close proximity to venues, districts or areas that 59 generate a high volume of people or visitors. 60 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 63 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PI nning epa e t City Atto( e 's Office CA15061 \ R-5 June 5, 2020 2 Applicant City of Virginia Beach Public Hearing August 12, 2020 Agenda Item Revocation of Grandfather Status and City Council c ti�� Findings regarding Short Term Rentals 3. 9 Virginia Beach Request An Ordinance to amend Section 241.2 of the City Zoning Ordinance pertaining to the revocation of Grandfather Status and City Council Findings. This Ordinance is requested by Councilman Guy Tower, Beach District and was referred to the Planning Commission by City Council. Summary of Request The Short Term Rental Ordinance was adopted by City Council on January 15, 2019. When it was adopted, City Council realized that a large number of Short Term Rentals were operating in the City and paying the appropriate transient occupancy taxes with the Commissioner of Revenue's Office.As such, Council included in the adopted ordinance that any property that was registered and paying the appropriate taxes with the COR prior to July 1, 2018 would be Grandfathered.The grandfathered status would alleviate the property from the requirement to obtain a Conditional Use Permit to operate as a Short Term Rental. Note that this does not apply to properties located in the Sandbridge Special Service District, as State legislation alleviates the Conditional Use Permit requirement for those properties. Currently,the grandfathered status of a property runs in perpetuity with the land. Grandfather status can only be removed if the Short Term Rental is increased by 1,000 square feet or by 25%,whichever is greater.This amendment would establish a twenty-four(24) month time period in which the grandfather status could be administratively removed by the Planning Director if the property was not used as a Short Term Rental during that period.This time period is consistent with the current ordinance regulation that states a nonconforming use loses its' nonconforming status if it is no operated as such for 24 months. The second part of this proposed amendment adds a "findings" section into Section 241.2.This provides guidance for City Council, Planning Commission and staff to consider when reviewing Short Term Rental applications.The intent of this Section is to provide further guidance in review of Short Term Rental applications.The proposal includes four "findings" which are summarized below. 1. The density of Short Term Rentals in the immediate vicinity of the property should not change the characteristics of the neighborhood. 2. Parking should be readily available, and done in an aesthetically pleasing and environmentally friendly way. Alternative parking solutions should be reasonable as to be practically used by the renters of the Short Term Rental. 3. The potential increased occupancy of the Short Term Rental is compatible with the character of the residential neighborhood, particularly regarding additional noise,trash,and other possible nuisances. 4. Recognizing that Short Term Rentals are a needed resource in the City, particularly in close proximity to venues, districts and areas that generate a high volume of people and visitors. City of Virginia Beach Agenda Item 19 Page 1 Recommendation Staff recommends approval of these Ordinance amendments.The first proposed amendment regarding grandfathering will allow City Council to have the opportunity to have input on Short Term Rentals that have not operated for more than two years. As these rentals have not operated, it is beneficial to be able to consider the impact they may have on the surrounding neighborhood if they are again used as a Short Term Rental.The "Findings" section will provide a basis to which Short Term Rental applications can be evaluated and approved or denied, and provide further clarity in the review process. City of Virginia Beach Agenda Item 19 Page 2 Items # 19. City of Virginia Beach August 12, 2020 RECOMMENDED FOR DENIAL Mr. Landfair: Planning Commissioners the next four items on the Regular Agenda today are item 18, City of Virginia Beach an ordinance to amend section 104 to allow civil penalties for the violation of section 241.2, pertaining to short- term rentals. Item 19,City of Virginia Beach, an ordinance to amend section 241.2 pertaining to the revocation of grandfathered status and the City Council findings for short-term rental uses. Item 20, City of Virginia Beach, an ordinance to amend section 1903, allowing certain short-term rentals as permitted uses in the Old Beach Overlay District. And, item 21, City of Virginia Beach, an ordinance to establish transitional rules for the review of conditional use permits for property in the Old Beach Overlay District. Kevin Kemp will present these items. Thank you. Mr. Kemp: Thank you, Mr. Landfair. Good afternoon, Commissioners as Bill mentioned these four items are the referral, the proposed amended ordinance from Councilman Tower you should be familiar with these items as you reviewed them twice in July, once following your July 8, Planning Commission hearing, and then you had a meeting for public comment on July 20, in which there were approximately 30 speakers at that meeting. I will just briefly go through these proposed amendments agenda items and explain each one, agenda item 18 deals with the way we enforce short-term rental violations. This would change the enforcement from what is now a criminal violation to a civil penalty. It would allow our inspectors to issue fines $200 penalty for the first violation and then $500 for each additional, it will help Staff be able to enforce the ordinance and make it a easier and faster way to get through the process, whereas now they were required to go through the criminal court proceedings to get to this fine structure. Agenda item 19, deals with two items, one is the grandfather status of short-term rentals and the other are required findings for short-term rental uses. The grandfathering this ordinance proposes that the grandfathering status if a short-term rental were not used to such for a two-year period would be revoked by the Planning Director. This aligns with our current ordinance regulations for nonconforming uses, as the ordinance is written now short- term rental use if it was grandfathered it runs with the land and it runs in perpetuity. The second item in this amendment are the required findings 1 perpetuity. The second item in this amendment are the required findings and these provide a basis for which Staff, Planning Commission, and City Council could evaluate and ultimately approve or deny these applications, briefly go over the four of those. The first is that the density or number of short-term rentals in the immediate vicinity, do not change the character of the neighborhood. The second is that parking is readily available onsite parking is visually appealing and environmentally friendly. This is in a reaction to what we are seeing where a lot of short-term rentals are paving their entire yards to meet our parking requirements. The third is that, if there is an increased occupancy due to the short-term rental use, that occupancy remains compatible with the residential nature of the neighborhood as to not create negative impacts such as noise and trash. And, lastly, it recognizes that short-term rentals are a needed resource, particularly in areas of the city, that are in close proximity to venues or districts that bring high number of visitors. Agenda item 20,this deals specifically with the Old Beach District, the Old Beach Overlay and what it does is, it allows short- term rentals as a matter of right in the Old Beach Overlay provided that the properties meet two specific standards. One is that, all requirements of Section 241.2 are met. And the second is that the short-term rental property is the principal residence and owned by the operator. What this would do is allows for only one short-term rental per property owner. If these requirements as listed are not met, the way this ordinance is written the property owner would not have the opportunity to even apply for a CUP in front of Council. They would either meet the requirements and be able to operate as a short-term rental or they would be prohibited. Lastly item 21, is a transition ordinance and this ordinance simply states that any property that submitted an application to the Planning Department following the date, these referral ordinances were referred to you which is June 9, would be subject to these new rules immediately upon the approval of these ordinances. For instance, an application that were submitted today even though there are different rules than this in place, they would be subject to the rules once this is approved by Council. I will be available for any questions should they come up. Thank you Commissioners. Ms. Oliver: Thank you, Mr. Kemp. Mr. Landfair: Madam Chair, there are 19 speakers signed up to speak. The first speaker is DavidGrothmal, followed by Joseph Montana. Mr.Grothmal, please state your name for the record. Thank you. Mr. Grothmal: Madam Chairwoman, members of the Commission, I am David Grothmal. I live at 219A, 68 Street, which is not in the Old Beach Area. But, 2 I believe that what you do today or whenever you do it is going to eventually make its way throughout the areas that have short-term rentals. My concern is with the second area, the Council's resolution that sent over the package of ordinances says they are concerned about the short-term rental rentals increasing too fast in the Old Beach neighborhood and other areas. And, I felt like they needed to get a handle on it. I believe the goal is to preserve these areas as residential neighborhoods and residential neighborhoods should take precedence over short-term rentals. That means there should be a majority of residences over short-term rentals. So, what is the majority, is it 50%, you have 51% residence and 49 short-term rentals. No I do not think so, it has to be a clear majority. So, I suggest to you that you need to come up with a number of residences and short-term rentals that clearly preserves the neighborhood as a primary residence. I am suggesting two thirds and one-third or 65% and 35°/0. Using each Street as the place to measure, if 22nd Street has 35% short-term rentals already then you do not approve any more short-term rentals. That will make it easy and clear for everybody to understand what is the maximum of short-term rentals that will be allowed. I think that is the key to putting a halt on these applications. The guidelines that you have in place now, do not do anything to halt the growth of short-term rentals.Thank you very much. Ms. Oliver: Do we have any questions to the gentleman? Okay. Thank you so very much. Mr. Landfair: Madam Chair, the next speaker on this item is Joseph Montano. Mr. Montano is a virtual speaker, Mr. Montano, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Montano:Good afternoon, Chairwoman Oliver and members of the Virginia Beach Planning Commission. My name is Joseph Montana and I serve as the Virginia Beach Government Affairs Manager for Expedia Group and its family of travel brands. I would like to thank you all for the opportunity to comment on Virginia Beach's efforts to amend existing short-term rental law. By way of background Expedia Group is the world's travel platform with leading websites such as Expedia.com, Orbitz, travelocity.com and many others. We service the entire travel ecosystem from hotels and airlines to rental cars and vacation rental. Our vacation rental company Vrbo is the world leader in traditional or whole home vacation rentals. For 25 years Vrbo and our local homeowners have been focused on serving travelling families. In fact, our average customer booking travel on our platform is a 50-year- old woman traveling with a family of four. that long standing focus on 3 responsible travel, translates to our collaborative approach to fair and effective policies. Over the course of the last two months we have hosted virtual town halls with our partners here in town, and it is been incredible to hear their stories. Our property owner and manager partners have been members of the Virginia Beach Community for decades. They find immense pride in welcoming travelling families in their small slice of heaven and are eager to comply with regulations set forth by this governing body. However, both Expedia Group and our community of homeowners, managers, and small business leaders are concerned with the current proposal, specifically with regards to proposed amendment banning owners from offering secondary homes or non-primary residences in certain areas of the city. We believe there could be a better path forward that addresses the concerns of the community, while at the same time protecting Virginia Beach's long history of welcoming families to hold home rental. Expedia Group has learned from hundreds of local efforts over the last 10 years that policies work best when governments and platforms work together. A holistic solution could help Virginia Beach in three key areas, tax collection, compliance, and reasonable limits and they could include the following platform tools. Vrbo would create a mandatory field for owners to enter their short-term rental permit number in the same format as issued by the City. Vrbo would also display the permit numbers on all new listings and existing property list. Vrbo would remove any existing listing that does not display a permit number and will prohibit any listings that do not display a permit number. An alternative to the current primary only restriction that has worked in other markets is a cap of 180 days per property. The city wide 180 day cap would allow Virginia Beach residents with a second home to participate in the short-term rental market, would also dissuade individuals looking solely for investment properties to put on a short-term rental market. This policy of 180 day cap is one that Vrbo would support. As the leader in traditional vacation rentals we stand ready to be a partner to you and your Staff to ensure that the tradition of whole home vacation rentals continues to be a part of Virginia Beach, vibrant accommodations marketplace. Thank you again for your time and consideration. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Gretchen Heal, followed by Betsy Atkinson. Ms. Heal, please state your name for the record. Thank you. Ms. Heal: Good afternoon. I am Gretchen Heal I work for the Hampton Roads Realtors Association, and based on some of your comments in this morning session 4 I answered a few of our questions but I do have a few statements that they have asked me to share with you on these four items. The Hampton Roads Realtors Association recognizes the need to have property owners comply with guidelines for operating short-term rentals and our members try to ensure positive experiences for the neighbors of all the STRs that they manage as well as the tourists visiting the city. However, we do have a few concerns with the zoning violations that are different than others.And, again you have addressed some of those concerns this morning, so, depending on what you end up with your final decision that may go away. On this second one, the grandfather clause, on this change we would ask you consider including some more specific language on the parameters for inactivity on a property that is scheduled to have its grandfather status removed, when does the clock of the two years start, just a little more definition around it, so, that people would know what those parameters are. And,for all of the items if I am misunderstanding and I apologize but in 241.2 it applies to Sandbridge, and we would like that all any changes you make do not apply to Sandbridge as far as short term rentals are concerned. That is all. Ms. Oliver: Thank you. Ms. Heal: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Betsy Atkinson, followed by Paige Miyares. Ms.Atkinson, please state your name for the record. Thank you. Ms. Atkinson: Hi, I am Betsy Atkinson I am glad to be here to speak to you today. We are teaming up a little bit here, but I would like to specifically talk about grandfathering, I was on some of the original committees that created some of these ordinances and one of the things that we all agreed on with that if your grandfather the property it ran with the land. And, now you are trying to take away the grandfathering by reducing it to only that you do not use it for two years then you would not have the right to keep the grandfathering. I would highly suggest to you to please not approve this. We have a lot of situations, especially in the North End where, might be a mom and a dad and then they might pass away the kids might move into the house and then they might stay there a couple of years and then want to go back to having short-term rentals like they had before. And, it is also good for marketing, if somebody has a home that is been grandfathered with short-term rentals and they will have the ability to continue short-term rentals without having 5 to come back to the CPU. So, I thank you very much for listening to me and I hope you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Paige Miyares, followed by Jim Moffat. Ms. Miyares, please state your name for the record. Thank you. Ms. Miyares:Paige Miyares. Thank you Madam Chair. Myname is Paige Miyares and I am the principal broker of Atkinson Realty. I just want to say that the crux of this issue really add it as a tourism issue. And, behind it is whether our city really supports tourism and people coming here to spend their hard earned money in our city. I think the consumer has spoken pretty loudly that they want to stay in our cottages and especially in a post COVID-19 world, habits of how we work vacation are changing even more rapidly. Many of our business have expressed that they are on life support with the COVID shutdown. And, the question I would ask is why are we looking at policies that prohibit visitors to our city. Why are we pushing them to Myrtle Beach and OBX, those are our competitors. As far as these regulations, there are a couple often couraging signs to me, one is the fact that there is something that actually says it is a needed resource in our city. I think that is true and again I think the consumer has echoed that and then just the change to the parking, because the discussion around parking just it goes on and on, it is almost arbitrary, it seems a little capricious to me from an outside perspective. And, so, something that says visually appealing and environmentally responsible that is helpful to kind of cut through some of measuring this it has to have this many spaces. The reality of these families coming to visit is that they do not bring, it is a four bedroom house they are not bringing four cars, I mean that is how it works practically. And, the other thing I do just want to address is that it is very disturbing to see the new, there is even been discussion here about do we follow the rules, do we go outside the rules, do we add provisions, do we not add provisions and that seems to be a little bit of an internal discussion, but to see some of these applicants who has had their applications in since January, and how these arbitrary amendments to limit the occupancy and to limit the amount of reservations per week is troubling from an on looking citizen. And, it really changed the dynamics for my family would increase the cost of vacation to Virginia Beach and not by a little when you play with those numbers. So, I think that has to be a consideration as we go forward and I think there are ways to partner in a private public type setting to help increase the accountability for these things and take the backlog off of the city. The 6 Beach borough making it by right which is something in one of the ordinances, I support that for our communities that hug the shoreline, for sure, because that is where we have traditionally had them that is where the character of our neighborhoods include them. And, there should be some by right pieces to the zoning that come forward. So just to know I probably out of time, but I just want to reiterate that at the crux of this is, are we a city that want families to come and stay here, do we want them to come and spend their money here. We as an industry love these neighborhoods, we want to protect them, we want them to be great places to live, we have been and shown to be good partners with these neighborhoods for over 80 years with the business that I do. So, is there is any questions. Ms. Oliver: Do we have any questions. No. Thank you, Paige. Mr. Landfair: Madam Chair, the next speaker on this item is John Moffat, followed by Lynn Hume. Mr. Moffat, please state your name for the record. Thankyou. Mr. Tajan: Bill, I think it supposed to be Jim. Mr. Landfair: Jim Moffat? Mr. Tajan: Yes. Mr. Moffat: I am not speaking. Mr. Landfair: I am sorry, okay. So, the next speaker is Lynn Hume. Mr. Hume: Hello, my name is Lynn Hume and it is hard to believe we are back up here again discussing short-term rentals. I have been a property owner in the Shore Drive area since 1980s and I have got long-term rentals and short- term rentals, that are grandfathered that have always been considered second homes and vacation homes and they were built in the 50s and 70s. Due to COVID-19, I am sure that many property owners have had to change some of the short-term rentals in the long-term. Personally, we put some doctors in one of our rentals, who were working in local hospitals, they left for a while and now they want to come back and do a long-term rental. I want to emphasize that as grandfathered properties are zoning and property rights were already set last year, our current rights exist. Item19, the 24 month rule, allows the possibility to lose our grandfathered status, health, economy, and various personal circumstances could change the use of our property for a period of time, current rights should remain not subject to being dismissed if not used in the 24 month period. This is not a conditional 7 use permit, grandfathered should run with the land. Item 18 allows for harassment from neighbors and subject owners to either pay a fine, considered guilty, or may to defend themselves. It appears that hateful rhetoric from anti-short-term rental people has generated this amendment to appease those who always dislike short-term rentals. We attended one of those all Civic League Meetings this winter and the attitude, for snitching and telling on people was rampant. Actually, it was like being in a foreign country, a trash can left out too long could generate the report and fine. I am not aware of any loud or disruptive short-term rentals in the Bay Area, Cape Story, Ocean Park, and Shore Drive. Many people speaking negatively do not even have short-term rentals near them. In comparison, homeowners and long-term rentals create parking, noise, and trash problems, and there are laws to deal with them. It is normal for residents in the Beach Area to park cars, have parties, and big gatherings. It is the beach. We have already spent two or three years hashing out the zoning rules and in this troubled time with COVID-19, people are not aware of this issue, it is come up again. It is our retirement income as well as many others, and we planned according to these rules. We take pride in our properties, you will be down zoning our current property rights, pleased enough for the subject grandfathered properties to the threat of losing our rights are subject us to targeted harassment and fines. Please leave the grandfathered rules the way they are now without changes. Thanks for your consideration. Mr. Landfair: Madam Chair the next speaker on this item is Elaine Fekete, followed by Joan Davis. Ms. Fekete, please state your name for the record. Thank you. Ms. Fekete: Hi, good afternoon. My name is Elaine Fekete and I moved to Sandbridge 25 years ago. I chose to live there even knowing that all the houses around me were rentals and had been so for 50 years. So, the false narrative that this is a new thing that we have to deal with is quite to the contrary. It is also a false narrative that all short-term rentals are party houses. 11 years ago, my husband and I started renting our home on a weekly basis and quickly found that there was a demand for the shoulder seasons in the holidays, we get people here who are parents of military children that are coming to visit and want to stay under one roof. Parents who are traveling with their children in the traveling sports leagues, business travelers who want to bring their families and make a vacation of it, or families who simply cannot afford to take off seven days from work. When we have renters, we move out and we are not alone. Other owners move out of their homes at least during the peak season. Still others use their second homes as rentals, so, 8 when the renters are not there the owners are. So, this brings me to the same question I asked two years ago. How will the restrictions be enforced when the home is owner occupied versus renter occupied? How will you even know the difference? I am curious to know how many $25 trash citations have been issued in the city in the last year, have they been issued but resulted in no change in behavior or being ignored because if we are not even forcing the $25 ones for the whole city, what is the point of adding punitive ones to the rentals and how will you know if owners like myself are the ones leaving the trash cans out versus the guest, how cumbersome is that and I say cumbersome because the recommendations sent to you states that it will make enforcement more timely and efficient and will increase the ability to regulate short-term rental use without having to navigate the somewhat cumbersome court process, I am kind of missing the due process part there. Make no mistake the choice to stay in a home versus a hotel is based on preference and availability. If summer guests cannot rent homes here, they will go straight to the Outer Banks in Myrtle Beach like Paige was saying. If parents with children in sports tournaments cannot rent our homes during the tournament's, they will go inland. Ordinance 241 .2 only went into effect last November,just three months later in February Members of Council were ready to send it back to address lessons learned. What lessons were learned from November to February? There is zero evidence to support that all of the adjustments made by homeowners and realty companies in the last year to conform to 241 .2 did or did not work. There is no basis to go back to square one and debate each and every component, and that is what will happen. I even heard the word exit signs at the last Council Meeting. The ongoing hysteria that short- term rentals are bad for neighborhoods is anecdotal and it is the exception rather than the rule, you state that they should not change the characteristic of the neighborhood and 99% of the cases they do not. A judge and I believe it was Austin ruled that a family sitting at a dinner table in a residence is a family sitting at a dinner table in a residence whether they are the homeowners or whether they are the renters. But, the request to review this situation was sent to you with terminology that reads additional noise, trash, and other possible nuisances, and it is asking you to assume that the negative connotations Council sees on STRs is fact based and not biased. Our trashcans really the problem, just because you were asked to review these regulations does not mean you have to conclude that changes are needed at this point. You can determine that we should at least look at what has been done and see if it works first. Thank you for listening. 9 Mr. Landfair: Madam Chair, the next speaker on this item is Joan Davis, followed by Gayle Mottola. Ms. Davis, please state your name for the record. Speaker: Joan is not here. Mr. Landfair: I am sorry. Okay. So, we will move on to Erica Atkins. Next speaker is Erica Atkins. Ms. Atkins is a virtual speaker. Ms. Atkins, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Ms. Atkins: Hi, this is Erica Atkins, I agree with everything that the previous speaker said, I do not feel like there is been enough time to really gauge what affects the short-term rentals in this area have under the new rules and regulations and I really think that there should be more time before any other changes are put into place. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, we do have Gayle Mottola here. Ms. Mottola: Good afternoon. I am Gayle Mottola I live at 115, 88th Street in Virginia Beach. I support the comments made by Mrs. Parker from the July, 20, 2020, Public Hearing. The beach and fourth story located above Shore Drive are daytime activities for visitors, not requiring overnight accommodations. Stewardship of history and the preservation of natural habitat is questioned as the Planning Commission and Zoning Commission first quietly and then outwardly tried to change a residential one single family neighborhood with some duplexes into two homes per small lot, often with different principal owners who can then rent out their properties with a conditional status of short-term rental. A case in point is a recent variance recommended for a builder from Richmond by zoning, who after the hearing told his perspective neighbors, he plan to live in one home, but he already had a potential buyer for the second structure on the same lot. That means two principal owners per lot, both of whom, who could apply for STR status. Given, that there are six potential buildings going up on the same block of 88th Street, which was once the Cape Henry Syndicate bought from the Cape Henry Park a land company in 1899, and plotted in 1900, for single family homes. The density of that block increases by how many people and how many cars. A second case, we just welcomed unemployed couple of working age with their three younger children as they moved into the neighborhood. Is not this what Virginia Beach model a City of a lifetime means, are we losing residents. Have they not insisted that they have legal parking spaces instead of the illegal ones put in by then owner of the two 10 structures on the nonconforming land to meet parking requirements for STR stop. Those parking spaces were in the city signed, no parking zone at the ocean side corner of 88thStreet and Atlantic making visibility obstructed to enter Atlantic Avenue. Then the neighborhood would have had to endure four bedrooms at three persons per bedroom and how many cars if every two people had one car, the answer, 12 people six cars. The summer the corner duplex at 201 , 87th was approved and the bedroom was approved also at 116, 88th Street and now 114-A and B are for sale. They have eight bedrooms. That could mean a total in two rentals per week of 48 people, i.e., three times eight bedrooms times two, meaning also a great over limit of cars. A traffic jam for delivery trucks meeting those looking for a free parking space to go to the beach occurs regularly in the summer now. The primary tourist area charges up to $10 for a few hours. The powers that were made the historic North End especially about Shore Drive 2015, a district based on the Old Beach Overlay of 2005, distinctly near hotels and motels and home renting rooms in the well-established tourist area that has been since 1906. But, that is not the North End demographic, many homes have passed down to children and grandchildren, the North End is a residential area with mostly permanent residents and those who come to enjoy their beach home for the summer. Traffic is another matter, which I will not address. Again, the beach and Fort Story, a historic part of our city that Cape Henry area should be treasured and should not go to make commercial profit. Thank you. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Mike Megge, followed by Chris Edel. Mr. Megge: Good afternoon, Madam Chair and Members of Council. I would like to thank all your hard work on this issue. I am here today to point out we spent years coming up with his current ordinance. And, as owners we have worked and planned our futures on the agreement that we came up with less than a year ago. As you know, restricting property rights of citizens by changing zoning laws as a taking and by such the government should justly compensate those owners. If it does cause harm to those owners, and I hope we do not go down that road. I understand if you feel the need to further restrict short-term rentals with conditional use permits as is you are right. But I would like to see the data that the city has compiled for these changes. I again, I asked you to protect the existing rights of the grandfathered and by right STR owners. I know this issue has been contentious, but we all came together over the past several years with 11 many, many meetings, public hearings and we came up with a draft a compromised ordinance that was thoroughly debated, voted on, and passed by both the Planning Commission and City Council. The new proposal would be a little like telling an owner of a duplex, if he owns a duplex zoned lot, that if you do not build that duplex in the next two years, you are going to lose that right. I just do not think that is the right way of going. Also, giving zoning inspectors policing rights, allowing them to issue monetary fines without due process is a very slippery slope. I just do not see how that would be legal, if it is not applied equally to all renters or to all property owners by that right. Again, I just think it is a slippery slope and an enormous overreach by the government. Mr. Kemp said it would be easier for the city to enforce, but I believe due process should be shaded on the side of the owner and not on government. Like I said before, you have the right to restrict new STRs with conditional use permits, but again I would like to see that data, why you are restricting them since we have just came up with an ordinance less than a year ago. But, again I would like to stress that the current ordinance should be respected and the rights of current STRs must be protected. Thank you very much, Mr. Landfair: Madam Chair, the next speaker on this item is Chris Edel, followed by Steve Bishard. Mr. Edel: Good afternoon, Madam Chairman and members of Planning Commission. My name is Chris Edel, I do have some handouts from around, hopefully you will have a copy of. I am here today primarily to speak with regards to Old Beach where myself and have a partner Bob Taylor, we have approximately 10 short-term rentals that are all approved by Council, and in operation. Okay, so my company VB Holmes has been building at the beach for over 30 years now. We were very active with an Old Beach particularly with the overlay that they put together, we partner with a neighborhood to find a way to improve the character of the neighborhood, reduced density if possible. And, I think we put that together with Barbara Yates and since that time, over the last eight years our company alone has invested over $10 million in redevelopment of that neighborhood, and what you have before you here is just a few examples, most of which are east of Baltic, but on the first page you have 317, 26th Street, this was a tired 50-year-old six unit apartment building that now is to the right you will see the after which is now two single family homes, that 317, 26th Street that operated for probably over 30 years as a short-term rental. I know that for a fact by the person I bought it from, Mary Grace Thomas had ran that year round and as well as short-term rentals. Below that, on 27th and Arctic, you can see it is an older 12 55-year-old eight unit apartment complex and we partnered with the Georgia Joyce Seco that you are going to hear from this afternoon as well, to take that from eight tired apartments to four new single family homes and, so, those are just a few examples. The next page one more example on 27th and Arctic, that was a four unit again, very tired blighted property that had been rundown. And, now there are two brand new single family homes on that property, so, that is an example of just a few that we have done and there is certainly others, but I wanted to point that out. The next page, page three is called Old Beach Revitalization Future Opportunities, these two properties one at 417, 24th Street 10 unit apartment property and then 416, 24th is a duplex both pretty old tired properties, owned by Mark Ulmer. He could not be here today, but he asked me to share with you his thoughts on whether or not he would redevelop these properties and he said to me, he said Chris I have had these properties for years and if I am not able to redevelop these as short-term rentals, I am just going to keep them the way they are, I am just going to keep bandaging them up, they would not go away, why because there is no economic reason, there is no financial reason for him to improve these properties. So, he wanted me to share that with you and these are just a couple examples of others that he owns, he owns many properties. Page 4, 308, 25th-and-a-half again you can see a very tired old duplex that I have involved with and the owner of that property. The one below that 2602, Baltic Avenue, which is a 50-year-old five unit apartment building facing Baltic, again all of these are Baltic East. But,these are a couple properties that need to go away, they need to have brand new single family homes and will have those, but they would not if we are going to get too restricted in what we can do with those. The next page is actually the Old Beach Overlay, this is right out of the guidelines, the map here. Okay, great, because this is just a suggestion and something that we have talked about and that is, if you see the orange line which is highlighting Baltic Avenue and this runs right through Old Beach, most of this is Old Beach. But, if you look from the orange line Baltic Avenue East towards the ocean, most all of that is rental property and in zone that way, as you look from Baltic Avenue or Western Baltic Avenue, it becomes more residential, more year round residents living there. So, it somewhat splits the neighborhood, but the reasons are simple it is because of the proximity to the resort and all the things that we want our guests coming here to enjoy and take advantage of. So, one suggestion is to potentially use that as a development zone for having short-term rentals East or Baltic Avenue East that would not require conditional use, but that you would potentially require conditional use west of Baltic Avenue. And, then the next page, which is just 13 a summary that Bob Taylor and I put together just some thoughts and some suggestions, ideas. First and foremost, the fact that Old Beach is being singled out as the only area in the beach, that would require a short-term rentals to be someone's principal residence, I just do not understand that at all. Effectively, we are saying, we are not going to have any short-term rentals. There are many people including myself and again I have told you, we have invested millions of dollars in Old Beach and we do not own all of these properties, we do sell some. But, the ones that we do own that is out the window down for us, and many others that you're going to hear from here today. And, I do not understand why that would make for a better experience, just because someone is their principal residence and very likely they are not even living their while the rentals taking place. So, at any rate, that is one it certainly we do not agree with. And, the next paragraph noise and trash, again I do not think that some of the other speakers have said that there is really any evidence here that there is a real problem issue with specifically with just short-term rentals in that regard. But, if we need to have more trash cans we will buy more trash cans and that is fine and that is going to help solve the issue, I do not know, I am not sure. It does state in the ordinance that the short-term rentals are needed resource in certain areas of the city located in close proximity to venues, districts, and areas that generate high volume of people or visitors. Where else in the world is a better example than Old Beach, we were right down the others ordinary. I mean, that to me is a perfect place, and now we have the new sports complex, all these families come to the sports complex sure some are going to go hotel, but not all want to go to hotels, there are families traveling here. They want a safe environment, they can come, maybe cook some meals in the house, and we provide that for them in very close proximity. The ordinance change about imposing fines, that is fine because if you want to make bigger fines we want to be the model example for professional managed short-term rentals, so, we do not plan on breaking rules. And, if we do and there is a larger fine so be it, so we are okay with that. But, the end there are opportunities to consider certainly the OR Oceanfront Resort, I do not feel and neither does my partner feel like that should be even included as a conditional use permit it is just going to bog down the system there is hotels and motels all over the OR and I do not feel like that should be even necessary. The second page there, that I did speak to just a little bit ago and we are referring to as an approved short-term rental zone again Baltic Avenue East is what we are recommending and that is where the guests want to go. They want to be down and they are close to the resort area. Professional management, I can tell you all of our rentals are 14 professionally managed, I think that is key. There are many people out there trying to either do it themselves or maybe some of these people that live in their home may be trying to do it, but there is no substitute for professional management and all of ours are that way and I would suggest that maybe there is a way to incorporate that in the ordinance that they need to be professionally managed. There is a workshop and that you all had and just talking about a couple points there, parking there was a discussion about garages, okay garages should not be included. I can tell you in our properties that have garages that can fit a car, we use them, in someone's home you are going to put stuff in there, beach tear, bikes, or whatever may be, but in the short-term rental you do not need a place for all that stuff. So, we might have a couple beach tears, but that is about it and, so, we do use them for parking I would suggest that that would be something that should count. Number of stays a week, right now the ordinance is two stays a week and I think that it is a great compromise. Not everybody can afford a week's vacation, there is plenty of guests that want to come to Virginia Beach, but they can only do a long weekend three or four days and so, I think it is totally appropriate to be able to allow for that. Number of occupants, right now currently three per bedroom. I know speaking for myself and my partner I would be fine if we limit the house itself to 10 or 15. We are not looking for the big mega events and that that kind of goes to the next item events. We do not want the big parties, we actually prohibit parties in our homes. So, again, that is just something that that we are not interested in, we are happy if we want to reduce the number of people, you think that would be helpful. Our typical profile of guests are families that are traveling here to the beach, one last thing on signage on the back. Ms. Oliver: I am sorry Chris. Mr. Edel: Eddie told me I had 10 minutes, so, I guess I can have 10 minutes. Oh it's 10 minutes? Oh my god, I am sorry. Alright, thank you all. Mr. Landfair: Madam Chair, the next speaker on this item is Steve Bishard, followed by Joyce Sico. Mr. Bishard: Good morning. Thank you for allowing me to speak, I have some handouts. My named Steven Bishard, Bishard Homes in related entities. I just want to speak about in general, the short-term rental ordinance proposal, I feel like you should give it a time to season. Give it time to see if it works. We really have not had a chance to see if the recently adopted ordinance is going to work or not. Anyhow, about 15 years ago at the request of Karen Lesley the Zoning Administrator in the past and Barbara Yates, I was asked 15 to serve on the Old Beach Overlay District Committee to come up with a compatible residential redevelopment ordinance that would do away or try to do away in the proper way of three storey box duplexes and successfully served on that committee, and I think we can say that we have seen the results of the resiliency and the transformation that is taking place in the Old Beach Community by number one the city, number two the community, and number three private business developers working together, and I appreciate the comment it is like a prerecorded speaker earlier, the best way to deal with this is when all the parties come together, partner together, listen to one another and come up with agreeable solutions to a business enterprise short-term rentals. That is a needed way for families to vacation. Some of them do not want to go to hotels. Some of them want to go to homes, I prefer to go to homes, my wife loves to go to homes, particularly in an environment like COVID-19, I would not want to go to a hotel, I want to go to a house that is just recently been cleaned and it is safer for people and people feel better about it.Anyway, over those last 15 years since 2005, when that committee started and successfully produced a great ordinance. We have done a tremendous amount of redevelopment you will see it in the packet. We also acquired tremendous amount of rental properties, when we bought these properties, we took them up to the next level of standard. We did not leave them as blighted properties, we brought them up. I will say that many of the properties that we purchased though, very much were blighted properties. As Chris Edel mentioned I echo what he shared today. Some of these properties we bought their rentals that rented for $600 to $800 a month. There was a high turnover rate and they were problematic. Since,' have entered the short-term rental business it has not been that long. I can tell you that the management company that I have, same one Chris Edel has stellar performance, had no problems. They are proactive and matter of fact, the management company that we use to hire lives right in the Old Beach community. I mean he walks, rides his bike through the community, checks on the properties that he manages. So, I think, management, I think you agree is a critical component, the proper proactive management of these properties through a professional company. So, as I was saying we have recently entered the short-term rental business hired Knob LLC, lives in the Old Beach Community and they found that the short- term rentals have less management problems, less calls than year around rentals have. We are having a much better time with a lot less problems with the short-term rentals from a management perspective. And, the spirit of me being up here today is a spirit of partnership. When I served on the committee in 2005, I embraced what they wanted to do and had been 16 working in that community since then, buying rental properties in that community since then. And, I see myself as a resident, not Old Beach I live in Lincoln Park, but a resident of the city that really cares about that community. I do not want to see that community, go down. I think actually what has happened is it is going up and the short-term rental business is helping that, I do not see that it has hurting it. I have asked the question with an open mind, how many problems have you seen in the Old Beach Community ,this is from the management company I was referring to, has not seen a problem in the Old Beach Community, you can speak him later. I am not sure he has had to evict one person had to have a police to a property. So, we appreciate the desire, but I just hope that we will open up to what the reality really is, come up with a viable solution through partnering with the community, businesses, and the city that is working hard on it to have a solution that we can go on with. One of the ideas that that came up was having a short-term rental sign on each of the short-term rental properties, that if somebody does have a problem they can call the management company, very quickly. This will be a uniform, attractive, standardized sign that we could have throughout the Old Beach. If you have a problem just call the management company on the side. Again, manager lives in the neighborhood. One of the things that I have seen since I have entered the business, the expenditures to keep these properties at the highest level, they are up there. I mean we are spending some serious money to take landscaping to the next point, to the next level, decks, any kind of amenities that people might want, we are spending a lot more money than we do year around rentals and we need to. Some of the suggestions, as I mentioned before, what about a taskforce, a committee to come together, guys like myself, Chris Edel, and others, will meet with the community of the Old Beach. Be glad to meet with them and come up with something that works for example, anything East Baltic Avenue with a Baltic Avenue address east to the ocean, maybe that is a buy right short-term rental. If it is in some of the more year around residential streets maybe that is a conditional use permit. Consider giving it some time for this ordinance to really sink in and see if it works. I really do not think we have given it enough time to see if it works and if it does not work, I think we can find some solutions to make it work. In the spirit of partnership, our company just wants to be a model, an example for how to manage it, to be responsible, willing to give our phone number out. I have met with a few of the Planning Commissioners, we are here, I mean we live close, want to talk to us management company is not doing it we are here. We are available and we will be available and continue to be so. I just want to close 17 by pointing out two properties on this handout I gave you. You can take a look. I think on your handout a little different than my handouts as far as the way it's laid out. Take a look at page six, and then we will go to page seven after that. We bought this property at 501, 504, 25th Street and 2500, 2512, 25-1/2 when we bought it, guy was running a gambling operation there. I knew it because I knew somebody who kept going to it, it is a friend of mine I grew up with and he was running a black market gambling operation there and he had five or six little shack units I guess the people that would come and gamble there and would stay there. We bought this property, turn it into four beautiful houses. Now, we sold these houses but nevertheless this is really enhanced the neighborhood in a dynamic way. And,then if you go to seven, this is a property many of you have seen across from the Old Beach, very nice Middle School on 24th Street, Mediterranean Avenue. This is an individual that I bought from, he owned these two houses and had a lot of people packed in his house, way more units than what we put back on it. We put six units back on it, we did again sell these but this is an example of how you can take multi units, reduce the density, and you can either sell them, you can rent them year round, or relate to this specific meeting today, you can do short-term rentals. We own a property at 426, 23rd Street recently and I thank you, you all approved the short-term rental application for us, has three units on it. If I see, it makes sense I am going to tear that old build down and put two units on it, brand new homes and might be a way for me to redevelop a neighborhood that Barbara Yates back in 2005, was proactively and actively eager to redevelop with the community. So, anyway, I appreciate you listening, do give it a chance, I think there is an opportunity to have a win, win for everybody in the situation. Thank you. Ms. Oliver: Thank you. Yes, I am sorry, go ahead. Mr. Redmond: Mr.Bishard, do not come back up, but I wanted to respond to something that you said I think it is something that there is just repeating and a lot of thought I am a sucker for landscaping. I do not think it is that complicated stuff, but it makes an enormous difference, and to you and Mr. Edel and to the other folks who do this, I know that you do a good job of it. And, I would just like for the general good to say, if you take a property and you make it the sparkling property on the street, it is very difficult to be villainized.And, a lot of the people who might otherwise criticize or complain or have a problem with anything that you do are pretty easily disarmed when they can trash their own place to the sparkling house on the street or houses as the case may be, so I appreciate you bringing that up, I do think that landscaping particularly intensive, well designed, appropriate landscaping 18 can make a big difference in the appearance of these properties. And, I think that makes a giant difference inall of our communities, not just Old Beach or the Oceanfront or Shore Drive or anywhere else. So, I appreciate you bringing that piece up and I repeat it because I think it is something that we all want to keep in mind, and in the development community particularly that is a difference maker and something I think can kind of help carry the day forward. Thank you. Ms. Oliver: Thank you, Mr. Landfair. Mr. Landfair: Madam Chair, the next speaker on this item is Joyce Sico, followed by George Sico. Ms. Sico: Hi, I am Joyce Sico, and I am 70 years old and I am retired, and my dream has just about come true, because I owned when you get the flyers, the property in the top picture, which was 2606 and 2608, and it was about a 50-year-old apartment building that was really good to be a chore to keep fixed and I worked with Chris Edel and we developed it into four single family homes, and the landscaping is beautiful on most homes I might add and I kept two for myself. And, they are leased yearly I do not do weeklies, but in the future I do not want to be an owner occupied at this time. I will in the future probably in about five years, I plan on living in one. And, I will either do weeklies in one or I might live in mine for nine months and do weeklies and all the three months in the summer and travel and that is really my dream. I have worked for over 25 years, keeping this property in shape and then developing it. And, I have a daughter in New York, who will eventually owner occupy the second home. And, she is the only daughter I have left, I have one grandson and one great granddaughter, and that is my dream to have my family here something to hand it down to them. But, with the new ordinance, I could not really do the weeklies like I would like to until that point. So, thank you very much. Ms. Oliver: Thank you, Mr. Landfair: Madam Chair, the next speaker on this item is George Sico, followed by Frank Ramaekers. Mr. Sico: Good afternoon. I am George Sico, I have the property on 400 and 402, 26-1/2 Street. And, originally, as we said before it was eight apartment units, we did summer rental for 25 years and we only had three parking places, and the whole thing we coped everybody we worked with it, and we did not have a big problem with it. Nobody really complained even our neighbors did not. So, we decided to redevelop it because the lifetime of the building 19 was pretty much it was his lifetime 50 years. My wife said we are planning on living in one and sometimes rent the other one out fora short-term rental, the way it stands now, I would not be able to probably do that, but the property changed now. And, the thing about the parking is that we have had construction on the Hyatt on 27th and Atlantic and is not complaining about the parking, since they have been all summer long. They cannot use the parking lot at the Hyatt because that is been used for the summer. So, they come down and contractors are parked all along Artic Avenue and 27th,right in front of our places, which has not been a problem, but I do not know about the problem with the parking with the short-term route. If they had more than two cars, they had three cars there is still room to park, if you want to on the street it is a matter of just opinion and where you are going to park the cars. And, there is garages too which I do not understand why you cannot use a garage as a third parking space, you have got room for three cars, not two in the driveway. And, I just do not understand this, how we are going to go through all this again. But, anyways, that is my statement. Thank you for hearing me. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Frank Ramaekers, followed by Eddie Bourdon. Mr. Ramaekers: Okay. Our family purchased two residential homes 318, 27th Street. First of all, I am Frank Ramaekers III. I reside at 429, 26th Street in Virginia Beach in the Old Beach neighborhood. Our family purchased two residential homes 318, 27th Street and built in 1935, which you can see on the second page, it is a great home. And,429, 26thStreet built in 1939, both homes have been placed in the Virginia Beach historical register with bronze plaque attached to both homes. The homes have been remodeled and preserved in original construction dating back to the 1930s, does preserving the Old Beach neighborhood. They are kept in immaculate condition to appease our guests and to develop superb curb appeal for the Old Beach neighborhood. 429, 26this my permanent residence and is shared during the summer months with guests who visit Virginia Beach ad surrounding area. 318, 27th Street is a short-term rental year around 365 days a year. We also have a 10 unit apartment complex located on 26th Street, which is kept in immaculate condition every single blade of grass is cut perfectly. It is our neighborhood, my neighborhood, my three children, my wife, and my parents also involve and residing in this neighborhood and it is important to us that everything is kept perfect. I also host numerous homes in Old Beach neighborhood and I use the term host because I interact with the guests to 20 be sure the visit to our city is excellent, is flawless. Every guest when they enter the home, receive a binder. You look in the last page, you will see what it states. Upon the arrival of guests we see this binder and they agreed to the rules and regulations, which they are stated here in the binder and they also agreed to them electronically when they make the reservation through Vrbr Airbnb. I just want to publicly state these rules and regulations which guests agree to, it says "hello guest, thank you for choosing our home, welcome to Virginia Beach to beach life, relax, and enjoy. Check in time is four and checkout is 11, please make note of these times as our cleaning staff needs this time thoroughly cleaned and sanitized the hall." Especially during this time COVID-19, our guests appreciate the homes because they are thoroughly sanitized, we do a CDC recommended cleaning in the homes. Your home is in a residential area and your neighbors reside here all year. We understand you are here to relax and enjoy our beautiful beaches, but please respect their privacy and the Virginia City Ordinance of quiet hours from 10pm to 7am. Virginia Beach City violation of these quiet hours will result in immediate departure. I have had hundreds of reservations through our homes in the homes that I also host, and I have not had any problems, zero problems with the guests. At this current time, I have over 100 guests, my phone does not ring. So, I do not understand why the ordinances must be changed because I have zero issues at the present time .Down at the bottom parking, designated parking is provided for you. You may park two vehicles in the driveway, one vehicle in the garage, please do not block the sidewalk, as it is disrespectful to the pedestrians and our neighbors, you will be towed if blocking the sidewalk. If you need additional parking please contact somebody "me" and I can direct you to the parking. There is a public parking garage on 25th street, I direct individuals there and I tell them it is $20 a night and in New York City's $100 a night. And, that is where they park at if necessary. We always the parking is controlled thoroughly. You guys have any questions, I appreciate your time. Ms. Oliver: Thank you very much. Mr. Ramaekers: Thank you, I appreciate it. Mr. Landfair: Madam Chair, the next speaker on this item is Eddie Bourdon, followed by Samuel Jones. Mr. Bourdon: Thank you Mr. Landfair, Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney I do not have a handout. The first thing I want to talk about is, I want to say, Mr. McGee's comments 21 on item 18, because I and my clients do not have any problems with the fines, but his one comment was spot on not to say, other ones were not. The fact that we are putting a scarlet letter on short-term rentals by having these fines that only apply to short-term rentals does not make sense to me because I guarantee you, I have not asked Mr. Kemp, but I guarantee you, we have a lot more problems in this city with code compliance with long- term rentals. Okay. No doubt about it. So, the fines should not just apply to short-term rentals they should apply to any property that is rented. This short-term rentals are not anywhere close to the problem of compliance as long-term rental or the yearly rental. That is even completely not arguable. Okay, on number 19, the grandfathered or I consider they are legally nonconforming. I will just simply say that everything else that deals with legal nonconformance pretty certain goes to the Zoning Administrator, the Board of Zoning appeals to court. I am not really sure why the Planning Director is the one making the decisions on these on the 2600, short-term rentals that are grandfathered or legally nonconforming. It seems a little bit odd to me, but anyway. And what constitutes abandonment, there is a lot of different tentacles to what constitutes abandonment as well. And, there is legal precedent on that issue when it comes to nonconforming use and the abatement of nonconforming use. And, I think that is why it belongs in the Zoning Administrator BZA, quasi-judicial BZA, and court. As for the changes to the ordinance the findings, characteristics of the neighborhood Mr. Grockmal it is a false narrative that he put out there, because what is residential short-term rentals are residential, long-term rentals are residential, and short-term is less than 30 days under your ordinance, and owner occupied it they are all residential. Maybe, there is a distinction between owner occupied single family and rental, whether it is short-term or long-term, I would submit that short-term, the vast majority of cases is a better situation when it comes to the upkeep maintenance etc. of the property than long-term, especially in areas like Old Beach, which have needed for decades redevelopment. So, characteristics of a neighborhood or portion of neighborhood like Baltic East which is probably 75% rental and has been forever. What is the characteristic, it is not single family owner occupied, which I would submit probably is close to the majority it may well be the majority on those areas West of Baltic and Old Beach. The idea that Old Beach should be dealt with differently than Lakewood or Sea Pines, or maybe even Shadow Lawn, the Shadow Lawn is different. I do not understand why we are doing this part of the Oceanfront Resort and not Lakewood to the South and Sea Pines to the North of 31st Street. But anyway, and I said this at the workshop under number four, this needed as 22 a comp plan term, it should not say needed. We should not be in the business other than a comp plan of suggesting what we need or we want. It should be compatible resource, not a needed resource, although it is needed in Old Beach for the portions that we have talked about and it is also needed on 21st and 22nd Street as I have said previously, Norfolk Avenue other main thoroughfares. Arctic and Baltic, no matter what you say.it does see on a nice job with trying to calm the traffic, but that North- South corridor of Arctic and Baltic, there are going to always be heavily trafficked. And, it is different than once you get West of Baltic ran into Barbara Yates, I was going to relate this at the workshop and did not have time. At the vet about month and a half ago and Mr. Bishard and Mr.Edel have been involved with Old Beach from a legal standpoint, but Staff and Karen Lasily, etc. has been a great process over the years, and the first thing Barbara said is, can you believe how great Old Beach is looking. I cannot believe that Artic Avenue looks as good as it does. And, Barbara has done even that and I said Barbara, yet it has been fantastic. You do realize that short-term rentals has been a big part of that Arctic, because Arctic and Baltic just like 21st and 22nd always been a thorn in the city side in terms of how do we get that to redevelop and putting more density, was the old way and it turns out we can do it with less density, because of short- term rentals and she said you know I do not like short-term rentals but I got to say Arctic Avenue is looking extremely good and I did not think I lived to see that happen. So, this idea that the Chairperson said this morning that Old Beach has been hit hard by short-term rentals, I am not seeing that whatsoever. And, we are seeing a reduction in the number of units on a lot of these, and with the occupancy restrictions that apply to short-term rentals that do not apply to people renting for more than 30 days in the same neighborhood. And ,that is in here too, some of the languages a little questionable I think some time needs to be spent on working on it, but we are not at all opposed to the fines and really not particularly opposed to the stuff in 19 although, again I do not think it is as good as it should be. On the Old Beach part, it looks to me like it is a solution in search of a problem. There are 2600 short-term rentals that are grandfathered legally non- conforming. There have been 196 applications filed for short-term rental CUPs since the ordinance went into effect. That is 7.5% of the ones that already exist. The short-term rentals that have been approved by council 62,that is 3% of the short-term rentals that already exist. Our statistics that I have that were presented to RAC and some of the people by the city, so, there has been 63 short-term rental applications in the OR District. There is no OR District in Old Beach I do not know where those have been 23 because I have not seen them. And, as I have said previously, why short- term rentals CUP is needed in the OR District is beyond me it does not make any sense at all. It is not a "neighborhood" as everybody uses that term. So, it does not make a lot of sense, but most importantly there are only 28 short-term rental applications, 1% of those that exist that have been submitted and I believe acted upon or in the process of being acted upon in all of Old Beach 28. That is my point of a solution in search of a problem. That is 1% of the existing short-term rentals and then Old Beach is just a small subset, as I said earlier, of the Oceanfront Area and I do not know why it is being dealt with separately from Lakewood, Sea Pines, or potentially Shadow Lawn. Also, city statistics show there are other short- term rentals in the city, there are 29% in the Beach District, 29%. Now, Princess Anne has the largest cause of Sandbridge, but that is still not an overwhelming percentage. Old Beach is finally experiencing at a more rapid pace, a long overdue and long encouraged by the city redevelopment. It is an organic redevelopment, city has helped, but it is mainly the investments that are being made by not just the folks that are here but there are others as well, Ken Hunt comes to mind. Do in large part to short-term rentals and many with an accompanying reduction in density, and certainly a better control over who is there and what they are doing, what they are spending. They are going to spend more money at the resort, because they are here for a vacation. And, you or I would come down and stay on Baltic or Arctic or 21 st or 22nd street or Norfolk Avenue for four or five days or a week, but somebody might not really want to live on those heavily traffic streets 365. It is different from back in the area where there is not a lot of traffic. And, as a Commission has a city we should be a little bit more thorough in how we try to, we do not want to kill the golden goose and that is what this really is in some parts of the city, not necessarily in Croatan, not necessarily at the North End, but here in these areas that have been blighted in for years needed redevelopment. It is a great asset and truly same is true for Lakewood, and the other areas there, we should not be putting a scarlet letter on something that there is no evidence is a big problem. Lastly, the idea of by right owner occupied makes no sense to me. Okay, they just want to use from it too because what if you have some people it is great, I have one in Croatan and I would not get all details but bottom line, a lady with a baby by a new husband, a 13-year-old daughter they were renting out rooms in their house a year, this was going back four or five years ago. I had everybody in my block, what can we do this is crazy. Why would they let people move in the house for a weekend with their infant and a 13-year- old daughter. So, owner occupied short-term rentals can be great, do not 24 get me wrong, but it is not a panacea. It should be governed by use permit as well. Ms. Oliver: Thank you. Mr. Bourdon: Thank you. Do I have to answer any question? Ms. Oliver: No, I think. Thank you, though. We will be back. Mr. Landfair: Madam Chair, the last registered speaker on this item is Samuel Jones. Ms. Oliver: Thank you. Mr. Jones: Good afternoon. I hope you guys can hear me. I appreciate the opportunity to speak. I guess, I was 22 years old I left Virginia Beach and it is been six years of my life commercially fishing in the North and South Pacific.I started a family in 98, and bought a triplex on 27th Street that same year, since then I have moved to the 500 Block of 26th Street. So, I have been living in Old Beach now for 22 years. I am late to this party, but I spent last night watching the July 8, meeting with the Planning Commission. I am a small business owner. By day I wear toolbelt. So, in reality, the properties I own in Old Beach are my retirement. One of the concerns I am addressing you guys, I guess it would be agenda 20. In the future, my triplex is rented yearly at the moment and has been since 2001.At some point, I may want to look at doing short-term rentals. These gentlemen to my right and in the back, they are obviously having success. The Old Beach Overlay has made my neighborhood better. Some may say I live in a blighted home I live in a little three bedroom and one bath that was built back in 54. I am not ripping it down, I like my backyard. And, I am going to continue to update it. In the past year, my wife came down with breast cancer and through this whole transition our dream is possibly to rent our home and maybe go to France for a couple weeks in the summertime. But what I see if you really want to look at Old Beach and look at really who owns the properties and the number of short-term rentals, the number of annual rentals I think a lot of the tax records show that a lot of LLCs, own a lot of properties. I would vary to say that the permanent homeowners are in the minority and it is a very cool little neighborhood. I play tennis on 26th Street a couple times a week, I surf out front. But, with that said, I have for short-term rentals between on Mediterranean right. In the 600 block and the families that do rent those home walk by past my house every day going to the beach and it is kind of nice seeing people go walk and go to the beach. This morning I stopped a couple and presently painting and redoing the hardwood floors and my rental on 27th and they are doing three days, they are spending $300 a 25 night they are from Richmond. They are actually staying in not a very nice unit. So, we have a pretty big we got these brand new homes that Chris Edel has developed and then we still have some older stuff that is considered blighted. That may not ever go away or maybe not transition out as soon as the public wants. So, I want you guys to consider and respect the older residents and the possibility of being able to use the properties that we have invested in for future. And, there should never be a cap on the number of short-term rentals or weekly rentals, because even if it's East or West of Baltic .And, then on the agenda 20, I think that again I hope you guys taking consideration any type of future investments and in future people wanting to do short-term rentals and not alienate them if the numbers, there is too many in the neighborhood. I honestly as a resident, we are different than Shadow Lawn and we are different than North End. We are very close to the hub of the oceanfront and at the moment it looks like we are doing a good job of creating a nice neighborhood for short-term rentals, weekly rentals and even annual renters, and homeowners to live in. So, anyway, thank you. Ms. Oliver: Thank you. Mr. Redmond: Excuse me for a second, I did not catch your name at the beginning. Mr. Jones: I am Samuel Jones. Mr. Redmond: Mr. Jones, you are not late to this party, I thought your comments were very valuable and I also want to say, we wish the best for your wife and your whole family. Mr. Jones: Yeah, thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, at this time we would like to ask if there are any other speakers present either in the lobby, or in the chamber that would like to speak. Anyone? Mr. Sanders: No one in the lobby. Mr. Landfair: Okay. It would appear that there are no more known speakers. Ms. Oliver: Okay. Well, I think we will close this now and then up our Planning Commission. 26 Ms. Oliver: Yeah, let us close it and then we will open up for discussion and we will move through these one at a time, and do we want to wait for Mr.Redmond to come up we want him to catch up. Mr. Weiner: I would like comment if I could Staff anyway. I do not have problem with fines, but Mr.Bourdon bought up a good point. Why are we just picking on short-term rentals and there is a lot of other rentals out there in the city that have problems, long-term rentals. I mean I know why are preying on short- term rentals, but we thought about that about long-term rentals too. Mr. Tajan: As my understanding that because of the turnaround on short-term rentals and that the regular zoning enforcement process of a 30-day notice, and then going to the Board of Zoning appeals for some of these issues is a bit cumbersome and by the time someone gets through that process the season is over, and they are no longer renting, so, they are in compliance. So, part of it is the ability to as allowed by state code for certain zoning violations, they can become civil penalties which is what this is going for we use this currently also. We have the ability to utilize this for signage as well, but this follows what is permitted by State Code. Now, as far as this is a subset in the zoning ordinance, there is an subset in the zoning ordinance that talks about rentals. So, this is going in based on the utilization of a property as a short-term rental. Mr. Weiner: Follow up real quick to that, why are we including Sandbridge in this mean, I mean another part of the ordinance, but I mean why would we include Sandbridge on part of like they are in little entity down there and so forth. Mr. Tajan: The zoning ordinance requires that anyone operating a short-term rental comply with section 241.2, which includes the portions that we deal with grandfathering and also the performance standards. Mr. Weiner: As I was just ask the question. Okay. Ms. Oliver: All right, so we are going to start with 18, and do we have any comments on this one. Mr. Redmond: I echo David's comments it seems to me rather unfair. I mean I heard your explanation, I just do not know that I buy it very frankly. I do think we ought to enforce far more in the city than we do. But, it just strikes me that we have different standards, so make a difference if you are violating the law in some way, whether a renter is there for 31 days, whether there for seven, I do not know that is particularly fair. I will say at the outset to, I mean I thought I have heard everything, but this is very educational session today, 27 and I listened to every single word. But, I am more discombobulated than I was when we began and I have objections based on what I have heard to everything Ms. Atkinson I was perfectly okay with the grandfathering until Ms. Atkinson. What is wrong with the lander does not it, I never thought about that. So, if you decide you feel like living in your own house instead of renting it for a couple of years, you cannot go back to renting again I do not know how that makes any sense, any case. So, I got a whole bunch of objections that I am not going to support anything today, because I think Mr.Weiner I hope anyway if I have read them correctly sure it is my view, but there is way more going on here than we can make up on the fly. Ms. Oliver: I am going to interrupt you and I am going to let the attorney speak for one second. It can happen all the time. Mr. Redmond: I get it all day long. Ms. Oliver: Its okay. Ms. Wilson: I understand about civil penalties. Right now if you have a zoning violation, which is what these are, when you violate the zoning ordinance you are charged with an unspecified misdemeanor, it is a misdemeanor when they say have you ever been charged with a crime, you have to put down, yes, because it is a misdemeanor. Now for zoning you cannot go to jail, that is why it is an unclassified or an unspecified misdemeanor. But, it is a fine up to $2500. $2,000? Ms. Wilson: $2500. Anyway, so we feel that a bigger penalty on someone, than someone going through the system and having a civil penalty. They still have due process. We send you what looks like a summons, it just says the violation is this, the penalty is this, the $200. If you want to pay it, you go down to the treasurer's office and you pay it. And, it goes into Planning's budget under short-term rentals under civil penalties. If we did not do this then people would have to go through the regular process, which could potentially give them a misdemeanor. Now, we do not want to give them a misdemeanor on their record forever for some of this stuff. We felt it was a way to make it easier on people who have violations. Because a lot of the things are not earth shattering, but there are other things that also have civil penalties in the zoning ordinance, SANS are civil penalties. There is a philosophical issue. Mr. Redmond: We do not enforce the sign thing just so you know, we talked about that earlier. 28 Ms. Wilson: Yes, they are. There is a philosophical debate between which is better, civil penalties to get people to do things or criminal penalties, and it is philosophical more than it is concrete. We have looked at going to civil penalties for everything, but many people feel that criminal penalties are things that require people to more readily bring their property into compliance. If they have variance requirements, so they have setback issues and they have other things. So, that is why we went to civil penalties, because it was justifying. Now it is only $200,if you have a regular fine from a criminal violation it could be up to, I think it is $2000. But, that is why it was done, it is not something that is brand new or never been thought of and you still get due process.As if we decide, hey I am not paying that$200, I am just not paying, come on over to court. Tori will be there and she will prosecute you just like it was a criminal violation, except her standards, the standard for proving it is lower for the City. Ms. Oliver: Okay. Mr. Redmond: I thank you for that, I still share David's view, I just do not know that is consistent, so, I have a different view of it. So, anyway, thank you. Ms. Oliver: Yes, Mr. Graham: I agree with Mr. Redmond, I thought it was great to hear from these speakers. Full disclosure Mr. Jones back there I went to high school with him. And, he grew up in Virginia Beach he went first colonial High School, as I did. And, I am sure that he is surprised it how revitalized that area is today compared to what it was back in the 80s, it is very different. And, hearing the speakers, I mean, they have taken places and you look at these pictures, they took places that were eight units and converted them into two houses, the before and after pictures. I mean, this is short-term rentals have been the economic engine of that area they have to completely transform that area. I am torn with short-term rentals in other areas like your traditional neighborhood, but here close to the beach I am not I think that what has happened over there is great. And, I agree with Mr. Redmond. I do not know that there is anything in here you can support today, I think this thing is being rushed through I think that more thought needs to be given to it. Ms. Oliver: All right. No disrespect, but we are going to do 18, because I just do not want. Mr. Weiner: We got to do 18 first. Ms. Oliver: We got to do 18, we got to do them separately. 29 Mr. Graham: Okay. Ms. Oliver: And, so that we can focus specifically, kind of where we are and what we are addressing. Robin. Ms. Klein: I understand the argument for 18. However, since it is currently a criminal penalty, which I disagree with, I do intend to support the transition to a civil penalty, at least in the interim. Ms. Oliver: Okay. Perfect, right. Yes, Don. Mr. Horsley: The whole thing was civil criminal penalty it did not make much difference to me, other than the fact that the enforcement is the whole thing. And, I cannot see that changing this penalty is going to make anything, I do not know where the enforcement is going to come from. I just do not think we have to staff or whatever to enforce it regardless of what it is. I mean, the civil penalty versus criminal penalty, I mean it is minor penalties is as that is fine with me I do not mind that, but what is the people that have put this issue up what method of enforcement have they come up with to help enforce with any type of penalty. Because, we do not have the staff now in order to do it now evidently. Mr. Tajan: Mr. Horsley, you are correct currently right now we are working as best we can with what we have and we do have three additional positions that have been kicked free from the hiring freeze to allow us to focus on this as well as our contract with host compliance. So, Mr. Kemp and I was in a meeting with the City Manager discussing other ways to add to our enforcement capability, whether it be a third party or to figure out a way to fund the ability to have someone to be out there on the weekends to go and enforce these requirements. So, it is not something idle, we were not just tossing the words out. We are also working as far as staffing and finding other solutions that are available to us to do the enforcement. Mr. Horsley: I mean, I see this with other things not just short-term rentals enforcement or other thing. People complaining to me all the time about various things and said why did not the city take care of this and I said, well, I guess we just do not have the people to enforce the code. So, regardless of what penalties we put up there, I think that is something that somebody on Council or somewhere has got to come up with a way to provide more enforcement to use those. Ms. Oliver: Well. Yes, Mike. 30 Mr. Inman: I certainly think civil penalties makes more sense than the criminal penalty on this kind of thing and I think we can support that. Ms. Oliver: Right. Mr. Inman: I would support that. Ms. Oliver: Alright. So,do I have a motion for 18? Mr. Inman: I will move approval of 18. Ms. Wilson: I will second. Ms. Oliver: Great. Marchelle will you call for the question please. Ms. Coleman: Sure.lf you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. lnman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. 31 Ms. Coleman: By recorded vote of seven for and one against Agenda Item 18 is hereby recommended for approval by the Planning Commission. Ms. Oliver: Great. Alright. That went smoothly. Alright, so now we are going to talk about number 19, revocation of grandfathering status and City Council funding regarding to short-term rentals. Mr. Weiner: I will start this one. I am completely done with this one, after listening to everybody out there, I really appreciate the input it was really good information. I would make a motion to strike item two completely required findings and the minimum I would support on grandfather would be 60 months. Mr. Redmond: How many months? Mr. Weiner: 60 months. Mr. Wiener: Five years, 60 months. Okay.I mean that would be the minimum I would support for grandfathering. Ms. Oliver: Alright, hold on. Mr. Wiener: That is just me. Mr. Redmond: I agree with that. Ms. Oliver: So, you want five years. Mr. Wiener: Five years for grandfathering and completely strike item two required findings. Ms. Oliver: Item two, as in numeral two or the whole segment. Mr. Wiener: It says item two. The whole paragraph. Mr. Tajan: The required findings. Mr. Wiener: Yeah.ltems 1 , 2, 3, and 4. Ms. Oliver: You want all of those gone. Mr. Wiener: Yes. Ms. Oliver: Okay. Mr. Wiener: That is just me. 32 Ms. Oliver: That is just you. Mr. Redmond: No, it is me too. Ms. Oliver: Oh, okay. My goodness. So, you do not want aesthetically pleasing parking. I am just asking, because you can pick and choose. You do not have to be blanket. Mr. Wiener: I understand, this is just my opinion thought through. Ms. Oliver: I am just sort of soliciting. Mr. Wiener: It is just not thought through, it needs to be. We need to sit down and think about what is going on here. Ms. Oliver: Because they do not have any problem with aesthetically pleasing parking. I think that is a good thing. Mr. Wiener: Well, that is fine if you want to fix it. Mr. Redmond: Vote against it. Mr. Wiener: If you want to keep it item two. Ms. Oliver: That seems to be the crutch of our problems here is parking because that is the only thing we have, and so we are debating on whether or not, gravel, eight feet of this, does not look like that, what is the apron look like. So, if we are hanging our hats on parking, we might as well make it look good. Yes. Mr. Redmond: I agree with that. Ms. Oliver: Thank you. Mr. Redmond: However, be that as I have said before I share Dave's view, and an awful lot of this is just not very well thought through and requires greater consideration, factually though and substantively I do not like the idea that if you choose to live in a house for two years that you were previously renting then you lose the ability to then rent it again because you choose to live in your own house. It just does not seem to me to make a lot of sense, so, I am not going to support it. If you want to make a motion, I consider what you said an improvement, and I will be happy to support your motion. In the end, however, I am going to oppose the entire concept of it because I do not think that's fair to property owners. Ms. Oliver: Yes, Robin. 33 Ms. Klein: If I get granted conditional use permit for my home now. I am not applying. And, then I decide to live in it and I am not grandfathered or legally nonconforming what happens to that permit. Ms. Oliver: I do not think anything happens. Yes, okay. Mr. Redmond: First I love how you keep direct these questions with Dee and I would encourage you to keep to it, I'm rather enjoying that. Ms. Wilson: You got a CUP right. Ms. Klein: Yes. Ms. Wilson: Okay, your CUP is good for five years and then it will just simply disappear unless you come and renew it. Ms. Klein: Okay. So, I think that is very well in lined with your five year suggestion. Yeah. Mr. Horsley: But, you does not have CUP, if you do something, if you have some type of a vested right in it within that five years, does not that make it stay. You do not have to have it completed in five years. Ms. Wilson: No. If your CUP is specifically conditioned on, it only lasting five years, so there is no vested right argument, you knew you had it for five years that is all. Mr. Tajan: So, Mr. Horsley said that, in this case a conditional use permit is Ms.Klein is referring to has a very specific condition stating that it lasts for five years. If you are talking about other conditional use permits, yes, the discussion is a different, but it is laid out in the ordinance that way. Ms. Klein: If it is vacant for five years you essentially lost your right for grandfathering property, and would been under your suggestion. Mr. Redmond: Under Mr. Weiner's suggestion. Ms. Klein: Right under Mr.Wiener's suggestion. Ms. Wilson: Under Mr.Wener's suggestion, just take the two and make it a five. Ms.Klein: And make it a five, which would be the regular length of time fora conditional use permit. Mr. Inman: I actually support all of this. There is going to be subjectivity, there has to be subjectivity you cannot, as Kay explained early on in our informal session 34 you cannot objectify every single thing, there is judgment calls to be made by us recalled on to make judgments about density, and whether there is too much density of short-term rentals. So, that it destroys the neighborhood concept that neighborhood feel, the benefit of living in a non transient neighborhood. So, that is what that is about. That is what two of those items and number two are about. We have been concerned for many months now about, we have seen, I think a higher volume of applications than we ever really expected around the city, and we all of a sudden we are like, whoa, wait a minute what is this going to do to these neighborhoods. Everybody is thinking about today, Old Beach, I am talking about all of the things we have been concerned about, some parts of the Shore Drive neighborhood. So, I am not offended by any of these criteria that I think they are good that we have to make those findings in order to protect the neighborhoods. So, that is what I wanted to know. I am alright with it. Ms. Oliver: I mean these are all the things when you look at them individually and then the grandfather with separate from. These are all the same conversations that we have every time we look at them, how many, where is the map, we turn to Planning Staff and go where is your map, how many are there, what is the street look like, what is the parking lot like. Well, the guy just paved his whole driveway I mean his whole front yards. So, that is not aesthetically pleasing. Somebody wants to gravel or put dirt in there, they are bumping over curbs and stuff, all that is doing is saying, hey look if you can meet your parking requirement or we can help you meet your parking requirement, can we do it aesthetically pleasing. How is the landscaping look. The occupancy is basically, does it does it meet the requirements of what everybody else is doing on the street, you have 50 people in your house or do you have 11 people in your house that is reasonable to be in their bedrooms and what is wrong with number four, STRs are needed. I am just curious resource in certain areas of the city, particularly those in close proximity to venues and part of that was because we do not have, Old Beach is three blocks from our resort. We got thousands of hotel rooms right there. So, it is not as if people are landing in 27th Street and they cannot find a room. That is not the problem, that statement if I recall correctly part of that was due to the fact that the Amphitheatre and the sports complex where we do not have hotels, was so, that then we could look at that area and say yeah In fact, they do need STRs there, because these families are bringing all these kids into play these sports and stuff and we do not have any place for them to stay and the resort hotels are too far for them to go. 35 Mr. Weiner: Okay.l understand, but I am going to break it down two and three I could probably live with, but one I definitely could not. Who would say that the way I think characteristics change in the neighborhood is different than yours, as Mr. Redmond brought up earlier. Two houses on they are different in what I think for a characteristics surrounding neighborhood. And, I know I am keep bringing this up, but I think just because there is hotels there it does not mean people want to stay in hotel, I do not want to stay in hotel, anywhere I go I would rather stay in a house and that is just my opinion of course. So, the proximity of the venues and districts in the areas generate high volume. I mean, that is perfect for Old Beach in my opinion. So, I can live with two and three rather, how is that. Mr. Redmond: I would make the following argument characteristics of the surrounding neighborhood. If there was a neighborhood with a preponderance of short-term rentals, I would argue that is a characteristic of the neighborhood. If you look at some of these neighborhoods and say they havegot all these dots on the map, look how many short-term rentals on there. Is that not fundamentally a characteristics of the neighborhood. If I am one of these builders and I come up with an application and my application is denied, on the basis that it changes the characteristic of the neighborhood where there is already a preponderance of short-term rentals. I am going to sue. I mean that is just strikes me as oxymoronic and really needs a lot more work. It just kind of made up and it does not, again I am not going to support this grandfather thing because I think it is unfair to people who own things. But, that to me is probably the most offensive of the things that I find here, I completely agree with you Dee about the attractiveness of things, it is statics to stuff to me, it makes a gigantic difference. In fact, I think we have to look much more carefully at parking not just at the attractiveness of it, but how are we getting into. My problem with this 9x18 thing is requiring far larger parking and more impervious cover than we ought to and I think there is such a much deeper, more complicated conversation than we have because I do not want all this. I mean, you know much better than I would have all this more impervious stuff. And, frankly people move their cars to let the other car out all the time, not everything needs a big wide turning radius of a Chevy tile. So, in any event, I just number one to me is, is a nonstarter. It is not ready for primetime, it is easily argued in my view that in a lot of these places where there is already a preponderance of short-term rentals, but that is a characteristic of the neighborhood. So, I am not exactly sure how you even on a subjective basis that that makes sense. Anyway, I am sorry, go ahead. 36 Mr. Inman: Then number one would be okay with you because you get to make that argument saying, if you are not changing the nature of the neighborhood, so, it is okay. Mr. Redmond: But, that is my point is, it does not have any real meeting, if everybody can see it 18 different ways and it is not really a law. Ms. Oliver: I think that is the whole purpose of it. Mr. Redmond: So, it is not to have meaning. Ms. Oliver: No, I do not think the lack of, I am not saying new as it specifically I think. Mr. Redmond: Well that is okay. Ms. Oliver: Some people are looking for specific black and white laws regarding this and I think it is subjective to where we are and what the area looks like. Do I think that a lot of the development in Old Beach is a plus to that area, absolutely I think that it is absolutely gorgeous to go down there after growing up and down on the oceanfront and see that these places are pushed to the street that we actually have sidewalks for once, we never had sidewalks. The walkability, the balconies, the parking in the back it is all a huge plus for that. Again, it's objective to them all of a sudden we have another area that has some not so well run Airbnb's that are not properly managed by a property management or that a company that is readily available to troubleshoot areas, that is causing problems that allows us to go in and say, you know, this is ruining the character of this particular area, this particular neighborhood. This is an enhancement to this particular area, this particular neighborhood. Mr. Inman: I will give an example like Arizona Bay, very dense, there probably are not any short-term rentals in there. But, do you want to allow a bunch of short- term rentals in there, they are not used to having short-term rentals, they probably do not want short-term rentals. So, there is certainly a right to have some, but it could become such that it is now changing the nature of that neighborhood, the nature of that neighborhood is not short-term rental. So, this allows that kind of analysis. Mr. Redmond: I understand that, my view is laws ought to have meaning or they are bad laws, this does not have enough meaning to me. If you can interpret it 18 different ways, I do not know how you can follow it. They have to be more specific and in this case, it seems me entirely just like we had to do it the first time entirely rushed and that is how you end up with a mess. And, 37 we had one before we still have it largely it is that rush part, but coming up with phrases like change the characteristics of the surrounding neighborhood that do not really have any great definition to me. It is just asking for trouble. Ms. Oliver: I am just throwing this out there, because I am just trying to. Mr. Redmond: This is a great discussion now by the way. Ms. Oliver: I just want to figure this out. Let us just say, we head down to Princess Anne out to the rural area. All of a sudden, we have got venues that want to go in and do all this and everybody is like, no, because that changes the character and the fabric of that particular area of what it is technically designed to be. So, the zoning is AG, this is what we want this, this part of our city to respond and act like. Now, we go into a residential area, which people go in and buy a house and I am just playing devil's applicant. Mr. Redmond: Yeah. Ms. Oliver: We go into a residential area, people move here, the military moves here, women are looking for schools, they are looking for a neighborhood, they go okay, here it is. This is where we are going to go for the next two or three years. We are going to buy a house this, that or the other. And, then all of a sudden they find, well, it is not a residential area, we have got a commercial use in a residential area that typically would not be. And, I am not talking about what is within three or four blocks of the Ocean front, I am just talking about further into the city, further back. How does that perform, we do we then just kind of say, we can go down to the farms and we can do well, because that does not change. Mr. Redmond: Well, let me answer it, and that is, it is far more specific than this is, take his example about the wedding venue that we have been through and we are going to see again of course. And, the ordinance as I understand we have not seen it yet, but the ordinance is being drafted as, assembly uses are not permissible in the AG District, is that correct? Mr. Horsley: It is being negotiated now. Mr. Redmond: Okay, but so, let me use as an example, that is pretty easy to understand. That is pretty easy to point to, it is not as broad, and is meaningless as change the characteristics of the surrounding neighborhood. I know what an assembly use as, I know what AG-1 is, I can point to that and tell you whether it is or is not, an assembly use. I mean, I 38 understand your example, but you kind of are helping me make that argument which is that is much more specific, I understand what he is saying, I understand what the applicant who's proposing that particular application. And, it is pretty clear and you can just make a decision because it has meaning, this does not have any meaning to me because it is just so unspecific. I do not like that we are messing with people's property rights in this grandfather thing, but that whole phrase changing the characteristics, it is just not there, it is just not good enough for me. So, I mean we are just going to disagree on this, I understand. But, I do not know that it has, it just does not. Ms. Oliver: only reason I'm asking is because at one point we are going to have to be more specific, and so, why we were just on the roll I just basically. So, you had Mr. Grothmal who said, well then, let us do it by a math problem. You measure each street and two thirds of its residential and I am just throwing it out and one third of it is STRs. And then, therefore now you have a math problem, now you have law or something that appears to be more cut and dry. Mr. Horsley: You got a box you can check, when you figure it out that percentage you got a box you check and when you get all your boxes checked you can go with. But, but this is not that direct. Ms. Oliver: Right. Mr. Horsley: It is a lot of subjectivity to those four comments there. Mr. Redmond: It is altogether too much objectivity. Mr. Horsley: And, really what it boils down to is can you take those four things and get six votes that is what it amounts to and then put all aside. So, it is a lot of subjectivity. I kind of agree with what David said about the two years, I would not mind go into the five years on that deal. But, the other ones is a lot of subjectivity because it gives you a lot of points that you can discuss like we are doing right now. But, do you want to have a three hour discussion on each one to see if you can muster up enough support to get it either passed or not passed, you know, what it means to. And, I am going to say one thing about it to talk to you here today, I got to move out of it people that spoke today than any short-term rental briefing that I have been through by the people. There is a lot taking place and we are kind of predicted that this was going to happen, when we first started, but we were thinking in going into other established neighborhoods not able to thinking about the beach or whatever but we were thinking that blighted homes would be purchased 39 and people would take them and either remodel them or build a new home there and do short-term rentals in as a business. And, that is what is happening at the beach now that is what is happening and not necessarily blighted, but older properties. And, it is really enhanced that area where it looks like to me from the pictures I have seen today and I got to think of a couple you all said somebody and I really agree that today's comments and what we have heard has been the best that I have heard. Maybe, our ordinance is not too far out of line maybe, we are getting something accomplished of what we have got now, other than a few little tweaks that have bothered me badly. Mr. Redmond: I agree with you, I think the comments today were outstanding. Mr. Weiner: You know what that bowls down to, is having the ordinance in place for a little while. And, we are rushing to try and figure this out, we need to let it go a little bit longer, maybe we need to let this go till November, let December finish. And, then let us work on it over the winter, for next year. I mean, we have not had this go long enough, we do not know what is happening there. Mr. Horsley: The one thing I think that we did not anticipate was the number, the volume of applications that was coming, I do not think that was anticipated with that volume. Mr. Alcaraz: Do we have the option of differing it, Ms. Wilson. Ms. Wilson: It has to be returned to City Council within 100 days. So, you can differ it for the next 30 days to your September meeting, if you wish to. Mr. Weiner: If we differ, okay, this is me okay. We are going to be together for the next four weeks every Tuesday night for next four weeks, we have no time to think about this. Mr. Alcaraz: Im just going to say that I was supporting number 19, with number two with all the findings and comments, but I do like your 60 mark, so, I do not know if I can do a substitute motion or an amendment to your motion, but I would prefer to leave the motion. Mr. Weiner: I thought you did. Mr. Alcaraz: I said,' would make a motion, but did not. Mr. Weiner: Oh, I am sorry. Ms. Oliver: I did not hear you, what you said. You liked. 40 Mr. Alcaraz: I like the whole thing ,but actually if he wants to say 60 months, I am good with that. Ms. Oliver: I am good with that too. I mean, I will do that. Mr. Redmond: Do we take out one and four. Ms. Oliver: I am going to leave one and four. Mr. Alcaraz: I am leaving them. Mr. Weiner: Hey anyhow put me on the spot. Mr. Graham: I agree with two of two and three of two, but I do not agree with one. One it is poorly written it is very subjective. It sounds like to me that a lot of Old Beach the characteristic of it is short-term rentals and rental properties. Number four is just to me, I do not think it was written very well, I do not think it was well thought out. But, I would support Mr.Wiener's idea of the five years for number one for the grandfathering, and then on number two and three, but not number one and four. Ms. Oliver: I think it is George put the motion on for five years and then adding all the rest. Mr. Weiner: But, we can sit and look at number one and we can say, oh, Old Beach does have the characteristics of short-term rentals, so we should approve all of them. Mr. Graham: Well, problem is that, I agree but then somebody else could interpret maybe differently and it is just poorly written. Mr. Weiner: It is not right. Ms. Oliver: We do it right now. Mr. Redmond made a motion in Bayside due to the density there I think it was a short-term one. There was a lot of density, it was on Shore Drive something. One of them we did not do because of the amount of. Mr. Redmond: I will tell you exactly what it was, I will characterize it rather than you character. There was a cluster of four homes, of those four homes one was a short-term rental. Someone wanted to do another short-term rentals, so, that two of the four would be short-term rentals that is 50% in a four cluster of homes, and one of the owners who did not own a short-term rental had particular problems with one that was there. My concern at the time was that is probably going to exacerbate that, and that is gone from 25% to 50% 41 where 25% was a problem. That to me is a lot more definable than change the characteristics of the surrounding neighborhood. And, I could easily quantify that and did in the course of that application. It is not going to change my view I mean, I just do not think this is right. I only tell you what I am going to do because we got 19 different options here. I do not like anything in number two, I do not like the grandfathering at all. I think what David has proposed is an improvement. Mr. Alcaraz: We have a motion on it. Mr. Redmond: I would support David's and I am not going to support the other one. Ms. Oliver: Right now we have got a motion on the floor. Mr. Redmond: David did you make a motion. Mr. Weiner: No I do not. Mr. Redmond: You did not make a motion. Mr. Alcaraz: I made a motion that number nine, or agenda number 18 be approved but the change of 60 months and as far as the findings, amendment that they all stick. I like it because I think it puts more work on the builders, the applicants to do what they can to make this work for them, so, we can prove it.That is why I like it. Ms. Oliver: Do I have the second. Mr. Graham: I second it. Ms. Oliver: Okay. We are going to call. question, please. Ms. Coleman: If you are favor of the motion say, yes, and if you are appose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: No. Ms. Coleman: Mr. Horsley. Mr. Horsley: No. Ms. Coleman: Mr. Inman. 42 Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: No. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of four for and four against Agenda Item 19 is hereby being denied. Mr. Weiner: The motion is failed. Can I make a motion to pass. Ms. Oliver: Hold on. Mr. Weiner: Well, it'll be four for again probably. I would make a motion for item number 19, I do not want to be five years, and for item number two record findings to strike one and four and keep two and three. Mr. Graham: I second that motion. Ms. Oliver: Then call for the question Marchelle. Ms. Coleman: Sure,give me one second. Ms. Oliver: Sure. Ms. Coleman: Okay. If you arein favor of this motion say, yes. lfyou oppose say, no.Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. 43 Ms. Coleman: Mr. Inman. Mr. Inman: No. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No. Ms. Coleman: I recorded vote of four, four and four against Agenda Item 19 is hereby denied by the Planning Commission. Mr. Weiner: So, this gives the council for 24? Ms. Coleman: Failed, Correct. Mr. Tajan: We did not do anything it goes recommended. So, as it stands it goes recommended for denial by the Planning Commission. AYE 4 NAY 4 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman NAY Klein AYE Oliver NAY Redmond NAY Wall ABSENT Weiner AYE 44 CONDITIONS Staff recommends approval of these Ordinance amendments. The first proposed amendment regarding grandfathering will allow City Council to have the opportunity to have input on Short Term Rentals that have not operated for more than two years. As these rentals have not operated, it is beneficial to be able to consider the impact they may have on the surrounding neighborhood if they are again used as a Short Term Rental. The "Findings" section will provide a basis to which Short Term Rental applications can be evaluated and approved or denied, and provide further clarity in the review process. 45 Hu? � ' 7...tiH L* f si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE ESTABLISHING TRANSITION RULES FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR PROPERTIES IN THE OLD BEACH OVERLAY DISTRICT MEETING DATE: September 15, 2020 • Background: This Ordinance is sponsored by Councilmember Guy Tower, Beach District, and was referred to the Planning Commission and considered at the August 12, 2020 Planning Commission public hearing. This proposed amendment addresses the Short Term Rental applications located within the Old Beach Overlay District that have been submitted for review to the Planning Department, but have not yet been considered by City Council. This amendment makes clear that the ordinance proposed by Councilman Tower, should it be adopted, is effective the moment it is adopted. Any application, submitted after the referral date of the Ordinance, that is considered by City Council from that moment forward will have to abide by the rules that are in place at that time. • Considerations: This amendment clarifies the regulations to which a property will be considered should the Ordinance be adopted. Although Staff does not anticipate this amendment impacting many properties in the queue, there is currently one application located in the Old Beach Overlay on the August and September Planning Commission agendas, it does make clear the rules that will be followed as the new regulations are implemented in the Old Beach Overlay. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Opposition was present at the public hearing. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Short Term Rental- Transition Rules Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: l\) 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 PROPERTY IN THE OLD BEACH OVERLAY DISTRICT 4 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the City Council has referred to Planning Commission revisions to the 10 Old Beach Overlay that would affect the approval or denial of short term rentals in the 11 overlay; and 12 13 WHEREAS, the regulations pertaining to conditional use permits in the Old Beach 14 Overlay District differ significantly from those previously applicable; and 15 16 WHEREAS, it is the sense of the City Council that special transition rules should 17 be adopted to govern conditional use permits for short term rentals in the Old Beach 18 Overlay District that were not approved prior to the effective date of the Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 Any application for a conditional use permit for a short term rental in the Old 24 Beach Overlay accepted prior to the date of referral shall be processed based upon 25 the law existing at the time of submission. Any application accepted after the date 26 of referral shall be considered based upon the law applicable at the time of City 27 Council consideration. No application shall be unnecessarily delayed. 28 29 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That nothing in this ordinance shall be construed to affect any vested rights which 33 existed as of the effective date of the Ordinance. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2020. APPROV D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I nnin Dep rt nt City Attorn y's Office CA15021/R-2/June 5, 2020 Applicant City of Virginia Beach Agenda Item Public Hearing August 12, 2020 Transition Rules for Old Beach Overlay STR Reviews 21 Virginia Beach Request An Ordinance establishing transition rules for the review of Conditional Use Permits for properties in the Old Beach Overlay District. This Ordinance is requested by Councilman Guy Tower, Beach District and was referred to the Planning Commission by City Council Summary of Request This proposed amendment addressed the applications for Short Term Rental that have been submitted for review to the Planning Department, but have not yet been considered by City Council.This amendment makes clear that the Ordinance, should it be adopted, is effective the moment it is adopted. Each application that is considered by City Council from that moment forward will have to abide by the rules that are in place at that time.The amendment also specifically states that no application will be unnecessarily delayed. Recommendation Staff recommends approval of this Ordinance amendment.This amendment clarifies the regulations to which a property will be considered under should the Ordinance be adopted.Although staff does not anticipate this amendment impacting many properties in the que,there is currently one application located in the Old Beach Overlay on the August and September Planning Commission agendas, it does make clear the rules that will be followed as the new regulations are implemented in the Old Beach Overlay. City of Virginia Beach Agenda Item 21 Page 1 Items # 21. City of Virginia Beach August 12, 2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Planning Commissioners the next four items on the Regular Agenda today are item 18, City of Virginia Beach an ordinance to amend section 104 to allow civil penalties for the violation of section 241.2, pertaining to short- term rentals. Item 19,City of Virginia Beach, an ordinance to amend section 241 .2 pertaining to the revocation of grandfathered status and the City Council findings for short-term rental uses. Item 20, City of Virginia Beach, an ordinance to amend section 1903, allowing certain short-term rentals as permitted uses in the Old Beach Overlay District. And, item 21, City of Virginia Beach, an ordinance to establish transitional rules for the review of conditional use permits for property in the Old Beach Overlay District. Kevin Kemp will present these items. Thank you. Mr. Kemp: Thank you, Mr. Landfair. Good afternoon, Commissioners as Bill mentioned these four items are the referral, the proposed amended ordinance from Councilman Tower you should be familiar with these items as you reviewed them twice in July, once following your July 8, Planning Commission hearing, and then you had a meeting for public comment on July 20, in which there were approximately 30 speakers at that meeting. I will just briefly go through these proposed amendments agenda items and explain each one, agenda item 18 deals with the way we enforce short-term rental violations. This would change the enforcement from what is now a criminal violation to a civil penalty. Itwould allow our inspectors to issue fines $200 penalty for the first violation and then $500 for each additional, it will help Staff be able to enforce the ordinance and make it a easier and faster way to get through the process, whereas now they were required to go through the criminal court proceedings to get to this fine structure. Agenda item 19, deals with two items, one is the grandfather status of short-term rentals and the other are required findings for short-term rental uses. Thegrandfathering this ordinance proposes that the grandfathering status if a short-term rental were not used to such for a two-year period would be revoked by the Planning Director. This aligns with our current ordinance regulations for nonconforming uses, as the ordinance is written now short-term rental use if it was grandfathered it runs with the land and it runs in perpetuity. The 1 second item in this amendment are the required findings and these provide a basis for which Staff, Planning Commission,and City Council could evaluate and ultimately approve or deny these applications, briefly go over the four of those. The first is that the density or number of short-term rentals in the immediate vicinity, do not change the character of the neighborhood. The second is that parking is readily available onsite parking is visually appealing and environmentally friendly. This is in a reaction to what we are seeing where a lot of short-term rentals are paving their entire yards to meet our parking requirements. The third is that, if there is an increased occupancy due to the short-term rental use, that occupancy remains compatible with the residential nature of the neighborhood as to not create negative impacts such as noise and trash. And, lastly, it recognizes that short-term rentals are a needed resource, particularly in areas of the city, that are in close proximity to venues or districts that bring high number of visitors. Agenda item 20,this deals specifically with the Old Beach District, the Old Beach Overlay and what it does is, it allows short-term rentals as a matter of right in the Old Beach Overlay provided that the properties meet two specific standards. One is that, all requirements of Section 241.2 are met. And the second is that the short-term rental property is the principal residence and owned by the operator. Whatthis would do is allows for only one short-term rental per property owner. If these requirements as listed are not met, the way this ordinance is written the property owner would not have the opportunity to even apply for a CUP in front of Council. Theywould either meet the requirements and be able to operate as a short-term rental or they would be prohibited. Lastly item 21, is a transition ordinance and this ordinance simply states that any property that submitted an application to the Planning Department following the date, these referral ordinances were referred to you which is June 9, would be subject to these new rules immediately upon the approval of these ordinances.For instance, an application that were submitted today even though there are different rules than this in place, they would be subject to the rules once this is approved by Council. I will be available for any questions should they come up. Thank you Commissioners. Ms. Oliver: Thank you, Mr. Kemp. Mr. Landfair: Madam Chair, there are 19 speakers signed up to speak. The first speaker is DavidGrothmal, followed by Joseph Montana. Mr.Grothmal, please state your name for the record. Thank you. Mr. Grothmal: Madam Chairwoman, members of the Commission, I am David Grothmal. I live at 219A, 68 Street, which is not in the Old Beach Area. But, 2 I believe that what you do today or whenever you do it is going to eventually make its way throughout the areas that have short-term rentals. My concern is with the second area, the Council's resolution that sent over the package of ordinances says they are concerned about the short-term rental rentals increasing too fast in the Old Beach neighborhood and other areas. And, I felt like they needed to get a handle on it. I believe the goal is to preserve these areas as residential neighborhoods and residential neighborhoods should take precedence over short-term rentals. That means there should be a majority of residences over short-term rentals. So, what is the majority, is it 50%, you have 51% residence and 49 short-term rentals. No I do not think so, it has to be a clear majority. So, I suggest to you that you need to come up with a number of residences and short-term rentals that clearly preserves the neighborhood as a primary residence. I am suggesting two thirds and one-third or 65% and 35%. Using each Street as the place to measure, if 22nd Street has 35% short-term rentals already then you do not approve any more short-term rentals. That will make it easy and clear for everybody to understand what is the maximum of short-term rentals that will be allowed. I think that is the key to putting a halt on these applications. The guidelines that you have in place now, do not do anything to halt the growth of short-term rentals. Thank you very much. Ms. Oliver: Do we have any questions to the gentleman? Okay. Thank you so very much. Mr. Landfair: Madam Chair, the next speaker on this item is Joseph Montano. Mr. Montano is a virtual speaker, Mr. Montano, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Montano:Good afternoon, Chairwoman Oliver and members of the Virginia Beach Planning Commission. My name is Joseph Montana and I serve as the Virginia Beach Government Affairs Manager for Expedia Group and its family of travel brands. I would like to thank you all for the opportunity to comment on Virginia Beach's efforts to amend existing short-term rental law. By way of background Expedia Group is the world's travel platform with leading websites such as Expedia.com, Orbitz, travelocity.com and many others. We service the entire travel ecosystem from hotels and airlines to rental cars and vacation rental. Our vacation rental company Vrbo is the world leader in traditional or whole home vacation rentals. For 25 years Vrbo and our local homeowners have been focused on serving travelling families. In fact, our average customer booking travel on our platform is a 50-year- old woman traveling with a family of four. that long standing focus on 3 responsible travel, translates to our collaborative approach to fair and effective policies. Over the course of the last two months we have hosted virtual town halls with our partners here in town, and it is been incredible to hear their stories. Our property owner and manager partners have been members of the Virginia Beach Community for decades. They find immense pride in welcoming travelling families in their small slice of heaven and are eager to comply with regulations set forth by this governing body. However, both Expedia Group and our community of homeowners, managers, and small business leaders are concerned with the current proposal, specifically with regards to proposed amendment banning owners from offering secondary homes or non-primary residences in certain areas of the city. We believe there could be a better path forward that addresses the concerns of the community, while at the same time protecting Virginia Beach's long history of welcoming families to hold home rental. Expedia Group has learned from hundreds of local efforts over the last 10 years that policies work best when governments and platforms work together. A holistic solution could help Virginia Beach in three key areas, tax collection, compliance, and reasonable limits and they could include the following platform tools. Vrbo would create a mandatory field for owners to enter their short-term rental permit number in the same format as issued by the City. Vrbo would also display the permit numbers on all new listings and existing property list. Vrbo would remove any existing listing that does not display a permit number and will prohibit any listings that do not display a permit number. An alternative to the current primary only restriction that has worked in other markets is a cap of 180 days per property. The city wide 180 day cap would allow Virginia Beach residents with a second home to participate in the short-term rental market, would also dissuade individuals looking solely for investment properties to put on a short-term rental market. This policy of 180 day cap is one that Vrbo would support. As the leader in traditional vacation rentals we stand ready to be a partner to you and your Staff to ensure that the tradition of whole home vacation rentals continues to be a part of Virginia Beach, vibrant accommodations marketplace. Thank you again for your time and consideration. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Gretchen Heal, followed by Betsy Atkinson. Ms. Heal, please state your name for the record. Thank you. Ms. Heal: Good afternoon. I am Gretchen Heal I work for the Hampton Roads Realtors Association, and based on some of your comments in this morning session 4 I answered a few of our questions but I do have a few statements that they have asked me to share with you on these four items. The Hampton Roads Realtors Association recognizes the need to have property owners comply with guidelines for operating short-term rentals and our members try to ensure positive experiences for the neighbors of all the STRs that they manage as well as the tourists visiting the city. However, we do have a few concerns with the zoning violations that are different than others.And, again you have addressed some of those concerns this morning, so, depending on what you end up with your final decision that may go away. On this second one, the grandfather clause, on this change we would ask you consider including some more specific language on the parameters for inactivity on a property that is scheduled to have its grandfather status removed, when does the clock of the two years start, just a little more definition around it, so, that people would know what those parameters are. And,for all of the items if I am misunderstanding and I apologize but in 241.2 it applies to Sandbridge, and we would like that all any changes you make do not apply to Sandbridge as far as short term rentals are concerned. That is all. Ms. Oliver: Thank you. Ms. Heal: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Betsy Atkinson, followed by Paige Miyares. Ms. Atkinson, please state your name for the record. Thank you. Ms. Atkinson: Hi, I am Betsy Atkinson I am glad to be here to speak to you today. We are teaming up a little bit here, but I would like to specifically talk about grandfathering, I was on some of the original committees that created some of these ordinances and one of the things that we all agreed on with that if your grandfather the property it ran with the land. And, now you are trying to take away the grandfathering by reducing it to only that you do not use it for two years then you would not have the right to keep the grandfathering. I would highly suggest to you to please not approve this. We have a lot of situations, especially in the North End where, might be a mom and a dad and then they might pass away the kids might move into the house and then they might stay there a couple of years and then want to go back to having short-term rentals like they had before. And, it is also good for marketing, if somebody has a home that is been grandfathered with short-term rentals and they will have the ability to continue short-term rentals without having 5 to come back to the CPU. So, I thank you very much for listening to me and I hope you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker on this item is Paige Miyares, followed by Jim Moffat. Ms. Miyares, please state your name for the record. Thank you. Ms. Miyares:Paige Miyares. Thank you Madam Chair. Myname is Paige Miyares and I am the principal broker of Atkinson Realty.l just want to say that the crux of this issue really add it as a tourism issue. And, behind it is whether our city really supports tourism and people coming here to spend their hard earned money in our city. I think the consumer has spoken pretty loudly that they want to stay in our cottages and especially in a post COVID-19 world, habits of how we work vacation are changing even more rapidly. Many of our business have expressed that they are on life support with the COVID shutdown. And, the question I would ask is why are we looking at policies that prohibit visitors to our city. Why are we pushing them to Myrtle Beach and OBX, those are our competitors. As far as these regulations, there are a couple often encouraging signs to me, one is the fact that there is something that actually says it is a needed resource in our city. I think that is true and again I think the consumer has echoed that and then just the change to the parking, because the discussion around parking just it goes on and on, it is almost arbitrary, it seems a little capricious to me from an outside perspective. And, so, something that says visually appealing and environmentally responsible that is helpful to kind of cut through some of measuring this it has to have this many spaces. The reality of these families coming to visit is that they do not bring,it is a four bedroom house they are not bringing four cars, I mean that is how it works practically. And, the other thing I do just want to address is that it is very disturbing to see the new, there is even been discussion here about do we follow the rules, do we go outside the rules, do we add provisions, do we not add provisions and that seems to be a little bit of an internal discussion, but to see some of these applicants who has had their applications in since January, and how these arbitrary amendments to limit the occupancy and to limit the amount of reservations per week is troubling from an on looking citizen. And, it really changed the dynamics for my family would increase the cost of vacation to Virginia Beach and not by a little when you play with those numbers. So, I think that has to be a consideration as we go forward and I think there are ways to partner in a private public type setting to help increase the accountability for these things and take the backlog off of the city. The 6 Beach borough making it by right which is something in one of the ordinances, I support that for our communities that hug the shoreline, for sure, because that is where we have traditionally had them that is where the character of our neighborhoods include them. And, there should be some by right pieces to the zoning that come forward. So just to know I probably out of time, but I just want to reiterate that at the crux of this is, are we a city that want families to come and stay here, do we want them to come and spend their money here. We as an industry love these neighborhoods, we want to protect them, we want them to be great places to live, we have been and shown to be good partners with these neighborhoods for over 80 years with the business that I do. So, is there is any questions. Ms. Oliver: Do we have any questions. No. Thank you, Paige. Mr. Landfair: Madam Chair, the next speaker on this item is John Moffat, followed by Lynn Hume. Mr. Moffat, please state your name for the record. Thankyou. Mr. Tajan: Bill, I think it supposed to be Jim. Mr. Landfair: Jim Moffat? Mr. Tajan: Yes. Mr. Moffat: I am not speaking. Mr. Landfair: I am sorry, okay. So, the next speaker is Lynn Hume. Mr. Hume: Hello, my name is Lynn Hume and it is hard to believe we are back up here again discussing short-term rentals. I have been a property owner in the Shore Drive area since 1980s and I have got long-term rentals and short- term rentals, that are grandfathered that have always been considered second homes and vacation homes and they were built in the 50s and 70s. Due to COVID-19, I am sure that many property owners have had to change some of the short-term rentals in the long-term. Personally, we put some doctors in one of our rentals, who were working in local hospitals, they left for a while and now they want to come back and do a long-term rental. I want to emphasize that as grandfathered properties are zoning and property rights were already set last year, our current rights exist. Item19, the 24 month rule, allows the possibility to lose our grandfathered status, health, economy, and various personal circumstances could change the use of our property for a period of time, current rights should remain not subject to being dismissed if not used in the 24 month period. This is not a conditional 7 use permit, grandfathered should run with the land. Item 18 allows for harassment from neighbors and subject owners to either pay a fine, considered guilty, or may to defend themselves. It appears that hateful rhetoric from anti-short-term rental people has generated this amendment to appease those who always dislike short-term rentals. We attended one of those all Civic League Meetings this winter and the attitude, for snitching and telling on people was rampant. Actually, it was like being in a foreign country, a trash can left out too long could generate the report and fine. I am not aware of any loud or disruptive short-term rentals in the Bay Area, Cape Story, Ocean Park, and Shore Drive. Many people speaking negatively do not even have short-term rentals near them. In comparison, homeowners and long-term rentals create parking, noise, and trash problems, and there are laws to deal with them. It is normal for residents in the Beach Area to park cars, have parties, and big gatherings. It is the beach. We have already spent two or three years hashing out the zoning rules and in this troubled time with COVID-19, people are not aware of this issue, it is come up again. It is our retirement income as well as many others, and we planned according to these rules. We take pride in our properties, you will be down zoning our current property rights, pleased enough for the subject grandfathered properties to the threat of losing our rights are subject us to targeted harassment and fines. Please leave the grandfathered rules the way they are now without changes. Thanks for your consideration. Mr. Landfair: Madam Chair the next speaker on this item is Elaine Fekete, followed by Joan Davis. Ms. Fekete, please state your name for the record. Thank you. Ms. Fekete: Hi, good afternoon. My name is Elaine Fekete and I moved to Sandbridge 25 years ago. I chose to live there even knowing that all the houses around me were rentals and had been so for 50 years. So, the false narrative that this is a new thing that we have to deal with is quite to the contrary. It is also a false narrative that all short-term rentals are party houses. 11 years ago, my husband and I started renting our home on a weekly basis and quickly found that there was a demand for the shoulder seasons in the holidays, we get people here who are parents of military children that are coming to visit and want to stay under one roof. Parents who are traveling with their children in the traveling sports leagues, business travelers who want to bring their families and make a vacation of it, or families who simply cannot afford to take off seven days from work. When we have renters, we move out and we are not alone. Other owners move out of their homes at least during the peak season. Still others use their second homes as rentals, so, 8 when the renters are not there the owners are. So, this brings me to the same question I asked two years ago. How will the restrictions be enforced when the home is owner occupied versus renter occupied? How will you even know the difference? I am curious to know how many $25 trash citations have been issued in the city in the last year, have they been issued but resulted in no change in behavior or being ignored because if we are not even forcing the $25 ones for the whole city, what is the point of adding punitive ones to the rentals and how will you know if owners like myself are the ones leaving the trash cans out versus the guest, how cumbersome is that and I say cumbersome because the recommendations sent to you states that it will make enforcement more timely and efficient and will increase the ability to regulate short-term rental use without having to navigate the somewhat cumbersome court process, I am kind of missing the due process part there. Make no mistake the choice to stay in a home versus a hotel is based on preference and availability. If summer guests cannot rent homes here, they will go straight to the Outer Banks in Myrtle Beach like Paige was saying. If parents with children in sports tournaments cannot rent our homes during the tournament's, they will go inland. Ordinance 241 .2 only went into effect last November,just three months later in February Members of Council were ready to send it back to address lessons learned. What lessons were learned from November to February? There is zero evidence to support that all of the adjustments made by homeowners and realty companies in the last year to conform to 241 .2 did or did not work. There is no basis to go back to square one and debate each and every component, and that is what will happen. I even heard the word exit signs at the last Council Meeting. The ongoing hysteria that short- term rentals are bad for neighborhoods is anecdotal and it is the exception rather than the rule, you state that they should not change the characteristic of the neighborhood and 99% of the cases they do not. A judge and I believe it was Austin ruled that a family sitting at a dinner table in a residence is a family sitting at a dinner table in a residence whether they are the homeowners or whether they are the renters. But, the request to review this situation was sent to you with terminology that reads additional noise, trash, and other possible nuisances, and it is asking you to assume that the negative connotations Council sees on STRs is fact based and not biased. Our trashcans really the problem, just because you were asked to review these regulations does not mean you have to conclude that changes are needed at this point. You can determine that we should at least look at what has been done and see if it works first. Thank you for listening. 9 Mr. Landfair: Madam Chair, the next speaker on this item is Joan Davis, followed by Gayle Mottola. Ms. Davis, please state your name for the record. Speaker: Joan is not here. Mr. Landfair: I am sorry. Okay. So, we will move on to Erica Atkins. Next speaker is Erica Atkins. Ms. Atkins is a virtual speaker. Ms. Atkins, please pause for three seconds, so we can unmute your mic. Please start by stating your name for the record. Thank you. Ms. Atkins: Hi, this is Erica Atkins, I agree with everything that the previous speaker said, I do not feel like there is been enough time to really gauge what affects the short-term rentals in this area have under the new rules and regulations and I really think that there should be more time before any other changes are put into place. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, we do have Gayle Mottola here. Ms. Mottola: Good afternoon. I am Gayle Mottola I live at 115, 88th Street in Virginia Beach. I support the comments made by Mrs. Parker from the July, 20, 2020, Public Hearing. The beach and fourth story located above Shore Drive are daytime activities for visitors, not requiring overnight accommodations. Stewardship of history and the preservation of natural habitat is questioned as the Planning Commission and Zoning Commission first quietly and then outwardly tried to change a residential one single family neighborhood with some duplexes into two homes per small lot, often with different principal owners who can then rent out their properties with a conditional status of short-term rental. A case in point is a recent variance recommended for a builder from Richmond by zoning, who after the hearing told his perspective neighbors, he plan to live in one home, but he already had a potential buyer for the second structure on the same lot. That means two principal owners per lot, both of whom, who could apply for STR status. Given, that there are six potential buildings going up on the same block of 88th Street, which was once the Cape Henry Syndicate bought from the Cape Henry Park a land company in 1899, and plotted in 1900, for single family homes. The density of that block increases by how many people and how many cars. A second case, we just welcomed unemployed couple of working age with their three younger children as they moved into the neighborhood. Is not this what Virginia Beach model a City of a lifetime means, are we losing residents. Have they not insisted that they have legal parking spaces instead of the illegal ones put in by then owner of the two 10 structures on the nonconforming land to meet parking requirements for STR stop. Those parking spaces were in the city signed, no parking zone at the ocean side corner of 88thStreet and Atlantic making visibility obstructed to enter Atlantic Avenue. Then the neighborhood would have had to endure four bedrooms at three persons per bedroom and how many cars if every two people had one car, the answer, 12 people six cars. The summer the corner duplex at 201 , 87th was approved and the bedroom was approved also at 116, 88th Street and now 114-A and B are for sale. They have eight bedrooms. That could mean a total in two rentals per week of 48 people, i.e., three times eight bedrooms times two, meaning also a great over limit of cars. A traffic jam for delivery trucks meeting those looking for a free parking space to go to the beach occurs regularly in the summer now. The primary tourist area charges up to $10 for a few hours. The powers that were made the historic North End especially about Shore Drive 2015, a district based on the Old Beach Overlay of 2005, distinctly near hotels and motels and home renting rooms in the well-established tourist area that has been since 1906. But, that is not the North End demographic, many homes have passed down to children and grandchildren, the North End is a residential area with mostly permanent residents and those who come to enjoy their beach home for the summer. Traffic is another matter, which will not address. Again, the beach and Fort Story, a historic part of our city that Cape Henry area should be treasured and should not go to make commercial profit. Thank you. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Mike Megge, followed by Chris Edel. Mr. Megge: Good afternoon, Madam Chair and Members of Council. I would like to thank all your hard work on this issue. I am here today to point out we spent years coming up with his current ordinance. And, as owners we have worked and planned our futures on the agreement that we came up with less than a year ago. As you know, restricting property rights of citizens by changing zoning laws as a taking and by such the government should justly compensate those owners. If it does cause harm to those owners, and I hope we do not go down that road. I understand if you feel the need to further restrict short-term rentals with conditional use permits as is you are right. But I would like to see the data that the city has compiled for these changes. I again, I asked you to protect the existing rights of the grandfathered and by right STR owners. I know this issue has been contentious, but we all came together over the past several years with 11 many, many meetings, public hearings and we came up with a draft a compromised ordinance that was thoroughly debated, voted on, and passed by both the Planning Commission and City Council. The new proposal would be a little like telling an owner of a duplex, if he owns a duplex zoned lot, that if you do not build that duplex in the next two years, you are going to lose that right. I just do not think that is the right way of going. Also, giving zoning inspectors policing rights, allowing them to issue monetary fines without due process is a very slippery slope. I just do not see how that would be legal, if it is not applied equally to all renters or to all property owners by that right. Again, I just think it is a slippery slope and an enormous overreach by the government. Mr. Kemp said it would be easier for the city to enforce, but I believe due process should be shaded on the side of the owner and not on government. Like I said before, you have the right to restrict new STRs with conditional use permits, but again I would like to see that data, why you are restricting them since we have just came up with an ordinance less than a year ago. But, again I would like to stress that the current ordinance should be respected and the rights of current STRs must be protected. Thank you very much, Mr. Landfair: Madam Chair, the next speaker on this item is Chris Edel, followed by Steve Bishard. Mr. Edel: Good afternoon, Madam Chairman and members of Planning Commission. My name is Chris Edel, I do have some handouts from around, hopefully you will have a copy of. I am here today primarily to speak with regards to Old Beach where myself and have a partner Bob Taylor, we have approximately 10 short-term rentals that are all approved by Council, and in operation. Okay, so my company VB Holmes has been building at the beach for over 30 years now. We were very active with an Old Beach particularly with the overlay that they put together, we partner with a neighborhood to find a way to improve the character of the neighborhood, reduced density if possible. And, I think we put that together with Barbara Yates and since that time, over the last eight years our company alone has invested over $10 million in redevelopment of that neighborhood, and what you have before you here is just a few examples, most of which are east of Baltic, but on the first page you have 317, 26th Street, this was a tired 50-year-old six unit apartment building that now is to the right you will see the after which is now two single family homes, that 317, 26th Street that operated for probably over 30 years as a short-term rental. I know that for a fact by the person I bought it from, Mary Grace Thomas had ran that year round and as well as short-term rentals. Below that, on 27th and Arctic, you can see it is an older 12 55-year-old eight unit apartment complex and we partnered with the Georgia Joyce Seco that you are going to hear from this afternoon as well, to take that from eight tired apartments to four new single family homes and, so, those are just a few examples. The next page one more example on 27th and Arctic, that was a four unit again, very tired blighted property that had been rundown. And, now there are two brand new single family homes on that property, so, that is an example of just a few that we have done and there is certainly others, but I wanted to point that out. The next page, page three is called Old Beach Revitalization Future Opportunities, these two properties one at 417, 24th Street 10 unit apartment property and then 416, 24th is a duplex both pretty old tired properties, owned by Mark Ulmer. He could not be here today, but he asked me to share with you his thoughts on whether or not he would redevelop these properties and he said to me, he said Chris I have had these properties for years and if I am not able to redevelop these as short-term rentals, I am just going to keep them the way they are, I am just going to keep bandaging them up, they would not go away, why because there is no economic reason, there is no financial reason for him to improve these properties. So, he wanted me to share that with you and these are just a couple examples of others that he owns, he owns many properties. Page 4, 308, 25th-and-a-half again you can see a very tired old duplex that I have involved with and the owner of that property. The one below that 2602, Baltic Avenue, which is a 50-year-old five unit apartment building facing Baltic, again all of these are Baltic East. But, these are a couple properties that need to go away, they need to have brand new single family homes and will have those, but they would not if we are going to get too restricted in what we can do with those. The next page is actually the Old Beach Overlay, this is right out of the guidelines, the map here. Okay, great, because this is just a suggestion and something that we have talked about and that is, if you see the orange line which is highlighting Baltic Avenue and this runs right through Old Beach, most of this is Old Beach. But, if you look from the orange line Baltic Avenue East towards the ocean, most all of that is rental property and in zone that way,as you look from Baltic Avenue or Western Baltic Avenue, it becomes more residential, more year round residents living there. So, it somewhat splits the neighborhood, but the reasons are simple it is because of the proximity to the resort and all the things that we want our guests coming here to enjoy and take advantage of. So, one suggestion is to potentially use that as a development zone for having short-term rentals East or Baltic Avenue East that would not require conditional use, but that you would potentially require conditional use west of Baltic Avenue. And, then the next page, which is just 13 a summary that Bob Taylor and I put together just some thoughts and some suggestions, ideas. First and foremost, the fact that Old Beach is being singled out as the only area in the beach, that would require a short-term rentals to be someone's principal residence, I just do not understand that at all. Effectively, we are saying, we are not going to have any short-term rentals. There are many people including myself and again I have told you, we have invested millions of dollars in Old Beach and we do not own all of these properties, we do sell some. But, the ones that we do own that is out the window down for us, and many others that you're going to hear from here today. And, I do not understand why that would make for a better experience, just because someone is their principal residence and very likely they are not even living their while the rentals taking place. So, at any rate, that is one it certainly we do not agree with. And, the next paragraph noise and trash, again I do not think that some of the other speakers have said that there is really any evidence here that there is a real problem issue with specifically with just short-term rentals in that regard. But, if we need to have more trash cans we will buy more trash cans and that is fine and that is going to help solve the issue, I do not know, I am not sure. It does state in the ordinance that the short-term rentals are needed resource in certain areas of the city located in close proximity to venues, districts, and areas that generate high volume of people or visitors. Where else in the world is a better example than Old Beach, we were right down the others ordinary. I mean, that to me is a perfect place, and now we have the new sports complex, all these families come to the sports complex sure some are going to go hotel, but not all want to go to hotels, there are families traveling here. They want a safe environment, they can come, maybe cook some meals in the house, and we provide that for them in very close proximity. The ordinance change about imposing fines, that is fine because if you want to make bigger fines we want to be the model example for professional managed short-term rentals, so, we do not plan on breaking rules. And, if we do and there is a larger fine so be it, so we are okay with that. But, the end there are opportunities to consider certainly the OR Oceanfront Resort, I do not feel and neither does my partner feel like that should be even included as a conditional use permit it is just going to bog down the system there is hotels and motels all over the OR and I do not feel like that should be even necessary. The second page there, that I did speak to just a little bit ago and we are referring to as an approved short-term rental zone again Baltic Avenue East is what we are recommending and that is where the guests want to go. They want to be down and they are close to the resort area. Professional management, I can tell you all of our rentals are 14 professionally managed, I think that is key. There are many people out there trying to either do it themselves or maybe some of these people that live in their home may be trying to do it, but there is no substitute for professional management and all of ours are that way and I would suggest that maybe there is a way to incorporate that in the ordinance that they need to be professionally managed. There is a workshop and that you all had and just talking about a couple points there, parking there was a discussion about garages, okay garages should not be included. I can tell you in our properties that have garages that can fit a car, we use them, in someone's home you are going to put stuff in there, beach tear, bikes, or whatever may be, but in the short-term rental you do not need a place for all that stuff. So, we might have a couple beach tears, but that is about it and, so, we do use them for parking I would suggest that that would be something that should count. Number of stays a week, right now the ordinance is two stays a week and I think that it is a great compromise. Not everybody can afford a week's vacation,t here is plenty of guests that want to come to Virginia Beach, but they can only do a long weekend three or four days and so, I think it is totally appropriate to be able to allow for that. Number of occupants, right now currently three per bedroom. I know speaking for myself and my partner I would be fine if we limit the house itself to 10 or 15. We are not looking for the big mega events and that that kind of goes to the next item events. We do not want the big parties, we actually prohibit parties in our homes. So, again, that is just something that that we are not interested in, we are happy if we want to reduce the number of people, you think that would be helpful. Our typical profile of guests are families that are traveling here to the beach, one last thing on signage on the back. Ms. Oliver: I am sorry Chris. Mr. Edel: Eddie told me I had 10 minutes, so, I guess I can have 10 minutes. Oh it's 10 minutes? Oh my god, I am sorry. Alright, thank you all. Mr. Landfair: Madam Chair, the next speaker on this item is Steve Bishard, followed by Joyce Sico. Mr. Bishard: Good morning. Thank you for allowing me to speak, I have some handouts. My named Steven Bishard, Bishard Homes in related entities. I just want to speak about in general, the short-term rental ordinance proposal, I feel like you should give it a time to season. Give it time to see if it works. We really have not had a chance to see if the recently adopted ordinance is going to work or not. Anyhow, about 15 years ago at the request of Karen Lesley the Zoning Administrator in the past and Barbara Yates, I was asked 15 to serve on the Old Beach Overlay District Committee to come up with a compatible residential redevelopment ordinance that would do away or try to do away in the proper way of three storey box duplexes and successfully served on that committee, and I think we can say that we have seen the results of the resiliency and the transformation that is taking place in the Old Beach Community by number one the city, number two the community, and number three private business developers working together, and I appreciate the comment it is like a prerecorded speaker earlier, the best way to deal with this is when all the parties come together, partner together, listen to one another and come up with agreeable solutions to a business enterprise short-term rentals. That is a needed way for families to vacation. Some of them do not want to go to hotels. Some of them want to go to homes, I prefer to go to homes, my wife loves to go to homes, particularly in an environment like COVID-19, I would not want to go to a hotel, I want to go to a house that is just recently been cleaned and it is safer for people and people feel better about it. Anyway, over those last 15 years since 2005, when that committee started and successfully produced a great ordinance. We have done a tremendous amount of redevelopment you will see it in the packet. We also acquired tremendous amount of rental properties, when we bought these properties, we took them up to the next level of standard. We did not leave them as blighted properties, we brought them up. I will say that many of the properties that we purchased though, very much were blighted properties. As Chris Edel mentioned I echo what he shared today. Some of these properties we bought their rentals that rented for $600 to $800 a month. There was a high turnover rate and they were problematic. Since, I have entered the short-term rental business it has not been that long. I can tell you that the management company that I have, same one Chris Edel has stellar performance, had no problems. They are proactive and matter of fact, the management company that we use to hire lives right in the Old Beach community. I mean he walks, rides his bike through the community, checks on the properties that he manages. So, I think, management, I think you agree is a critical component, the proper proactive management of these properties through a professional company. So, as I was saying we have recently entered the short-term rental business hired Knob LLC, lives in the Old Beach Community and they found that the short- term rentals have less management problems, less calls than year around rentals have. We are having a much better time with a lot less problems with the short-term rentals from a management perspective. And, the spirit of me being up here today is a spirit of partnership. When I served on the committee in 2005, I embraced what they wanted to do and had been 16 working in that community since then, buying rental properties in that community since then. And, I see myself as a resident, not Old Beach I live in Lincoln Park, but a resident of the city that really cares about that community. I do not want to see that community, go down. I think actually what has happened is it is going up and the short-term rental business is helping that, I do not see that it has hurting it. I have asked the question with an open mind, how many problems have you seen in the Old Beach Community ,this is from the management company I was referring to, has not seen a problem in the Old Beach Community, you can speak him later. I am not sure he has had to evict one person had to have a police to a property. So, we appreciate the desire, but I just hope that we will open up to what the reality really is, come up with a viable solution through partnering with the community, businesses, and the city that is working hard on it to have a solution that we can go on with. One of the ideas that that came up was having a short-term rental sign on each of the short-term rental properties, that if somebody does have a problem they can call the management company, very quickly. This will be a uniform, attractive, standardized sign that we could have throughout the Old Beach. If you have a problem just call the management company on the side. Again, manager lives in the neighborhood. One of the things that I have seen since I have entered the business, the expenditures to keep these properties at the highest level, they are up there. I mean we are spending some serious money to take landscaping to the next point, to the next level, decks, any kind of amenities that people might want, we are spending a lot more money than we do year around rentals and we need to. Some of the suggestions, as I mentioned before, what about a taskforce, a committee to come together, guys like myself, Chris Edel, and others, will meet with the community of the Old Beach. Be glad to meet with them and come up with something that works for example, anything East Baltic Avenue with a Baltic Avenue address east to the ocean, maybe that is a buy right short-term rental. If it is in some of the more year around residential streets maybe that is a conditional use permit. Consider giving it some time for this ordinance to really sink in and see if it works. I really do not think we have given it enough time to see if it works and if it does not work, I think we can find some solutions to make it work. In the spirit of partnership, our company just wants to be a model, an example for how to manage it, to be responsible, willing to give our phone number out. I have met with a few of the Planning Commissioners, we are here, I mean we live close, want to talk to us management company is not doing it we are here. We are available and we will be available and continue to be so. I just want to close 17 by pointing out two properties on this handout I gave you. You can take a look. I think on your handout a little different than my handouts as far as the way it's laid out. Take a look at page six, and then we will go to page seven after that. We bought this property at 501 , 504, 25th Street and 2500, 2512, 25-1/2 when we bought it, guy was running a gambling operation there. I knew it because I knew somebody who kept going to it, it is a friend of mine I grew up with and he was running a black market gambling operation there and he had five or six little shack units I guess the people that would come and gamble there and would stay there. We bought this property, turn it into four beautiful houses. Now, we sold these houses but nevertheless this is really enhanced the neighborhood in a dynamic way. And,then if you go to seven, this is a property many of you have seen across from the Old Beach, very nice Middle School on 24th Street, Mediterranean Avenue. This is an individual that I bought from, he owned these two houses and had a lot of people packed in his house, way more units than what we put back on it. We put six units back on it, we did again sell these but this is an example of how you can take multi units, reduce the density, and you can either sell them, you can rent them year round, or relate to this specific meeting today, you can do short-term rentals. We own a property at 426, 23rd Street recently and I thank you, you all approved the short-term rental application for us, has three units on it. If I see, it makes sense I am going to tear that old build down and put two units on it, brand new homes and might be a way for me to redevelop a neighborhood that Barbara Yates back in 2005, was proactively and actively eager to redevelop with the community. So, anyway, I appreciate you listening, do give it a chance, I think there is an opportunity to have a win, win for everybody in the situation. Thank you. Ms. Oliver: Thank you. Yes, I am sorry, go ahead. Mr. Redmond: Mr.Bishard, do not come back up, but I wanted to respond to something that you said I think it is something that there is just repeating and a lot of thought I am a sucker for landscaping. I do not think it is that complicated stuff, but it makes an enormous difference, and to you and Mr. Edel and to the other folks who do this, I know that you do a good job of it. And, I would just like for the general good to say, if you take a property and you make it the sparkling property on the street, it is very difficult to be villainized. And, a lot of the people who might otherwise criticize or complain or have a problem with anything that you do are pretty easily disarmed when they can trash their own place to the sparkling house on the street or houses as the case may be, so I appreciate you bringing that up, I do think that landscaping particularly intensive, well designed, appropriate landscaping 18 can make a big difference in the appearance of these properties. And, I think that makes a giant difference in all of our communities, not just Old Beach or the Oceanfront or Shore Drive or anywhere else. So, I appreciate you bringing that piece up and I repeat it because I think it is something that we all want to keep in mind, and in the development community particularly that is a difference maker and something I think can kind of help carry the day forward. Thank you. Ms. Oliver: Thank you, Mr. Landfair. Mr. Landfair: Madam Chair, the next speaker on this item is Joyce Sico, followed by George Sico. Ms. Sico: Hi, I am Joyce Sico, and I am 70 years old and I am retired, and my dream has just about come true, because I owned when you get the flyers, the property in the top picture, which was 2606 and 2608, and it was about a 50-year-old apartment building that was really good to be a chore to keep fixed and I worked with Chris Edel and we developed it into four single family homes, and the landscaping is beautiful on most homes I might add and I kept two for myself. And, they are leased yearly I do not do weeklies, but in the future I do not want to be an owner occupied at this time. I will in the future probably in about five years, I plan on living in one. And, I will either do weeklies in one or I might live in mine for nine months and do weeklies and all the three months in the summer and travel and that is really my dream. I have worked for over 25 years, keeping this property in shape and then developing it. And, I have a daughter in New York, who will eventually owner occupy the second home. And, she is the only daughter I have left, I have one grandson and one great granddaughter, and that is my dream to have my family here something to hand it down to them. But, with the new ordinance, I could not really do the weeklies like I would like to until that point. So, thank you very much. Ms. Oliver: Thank you, Mr. Landfair: Madam Chair, the next speaker on this item is George Sico, followed by Frank Ramaekers. Mr. Sico: Good afternoon. I am George Sico, I have the property on 400 and 402, 26-1/2 Street. And, originally, as we said before it was eight apartment units, we did summer rental for 25 years and we only had three parking places, and the whole thing we coped everybody we worked with it, and we did not have a big problem with it. Nobody really complained even our neighbors did not. So, we decided to redevelop it because the lifetime of the building 19 was pretty much it was his lifetime 50 years. My wife said we are planning on living in one and sometimes rent the other one out for a short-term rental, the way it stands now, I would not be able to probably do that, but the property changed now. And, the thing about the parking is that we have had construction on the Hyatt on 27th and Atlantic and is not complaining about the parking, since they have been all summer long. They cannot use the parking lot at the Hyatt because that is been used for the summer. So, they come down and contractors are parked all along Artic Avenue and 27th,right in front of our places, which has not been a problem, but I do not know about the problem with the parking with the short-term route. If they had more than two cars, they had three cars there is still room to park, if you want to on the street it is a matter of just opinion and where you are going to park the cars. And, there is garages too which I do not understand why you cannot use a garage as a third parking space, you have got room for three cars, not two in the driveway. And, I just do not understand this, how we are going to go through all this again. But, anyways, that is my statement. Thank you for hearing me. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker on this item is Frank Ramaekers, followed by Eddie Bourdon. Mr. Ramaekers: Okay. Our family purchased two residential homes 318, 27th Street. First of all, I am Frank Ramaekers III. I reside at 429, 26th Street in Virginia Beach in the Old Beach neighborhood. Our family purchased two residential homes 318, 27th Street and built in 1935, which you can see on the second page, it is a great home. And,429, 26thStreet built in 1939, both homes have been placed in the Virginia Beach historical register with bronze plaque attached to both homes. The homes have been remodeled and preserved in original construction dating back to the 1930s, does preserving the Old Beach neighborhood. They are kept in immaculate condition to appease our guests and to develop superb curb appeal for the Old Beach neighborhood. 429, 26this my permanent residence and is shared during the summer months with guests who visit Virginia Beach ad surrounding area. 318, 27th Street is a short-term rental year around 365 days a year. We also have a 10 unit apartment complex located on 26th Street, which is kept in immaculate condition every single blade of grass is cut perfectly. It is our neighborhood, my neighborhood, my three children, my wife, and my parents also involve and residing in this neighborhood and it is important to us that everything is kept perfect. I also host numerous homes in Old Beach neighborhood and I use the term host because I interact with the guests to 20 be sure the visit to our city is excellent, is flawless. Every guest when they enter the home, receive a binder. You look in the last page, you will see what it states. Upon the arrival of guests we see this binder and they agreed to the rules and regulations, which they are stated here in the binder and they also agreed to them electronically when they make the reservation through Vrbr Airbnb. I just want to publicly state these rules and regulations which guests agree to, it says "hello guest, thank you for choosing our home, welcome to Virginia Beach to beach life, relax, and enjoy. Check in time is four and checkout is 11, please make note of these times as our cleaning staff needs this time thoroughly cleaned and sanitized the hall." Especially during this time COVID-19, our guests appreciate the homes because they are thoroughly sanitized, we do a CDC recommended cleaning in the homes. Your home is in a residential area and your neighbors reside here all year. We understand you are here to relax and enjoy our beautiful beaches, but please respect their privacy and the Virginia City Ordinance of quiet hours from 10pm to 7am. Virginia Beach City violation of these quiet hours will result in immediate departure. I have had hundreds of reservations through our homes in the homes that I also host, and I have not had any problems, zero problems with the guests. At this current time, I have over 100 guests, my phone does not ring. So, I do not understand why the ordinances must be changed because I have zero issues at the present time .Down at the bottom parking, designated parking is provided for you. You may park two vehicles in the driveway, one vehicle in the garage, please do not block the sidewalk, as it is disrespectful to the pedestrians and our neighbors, you will be towed if blocking the sidewalk. If you need additional parking please contact somebody "me" and I can direct you to the parking. There is a public parking garage on 25th street, I direct individuals there and I tell them it is $20 a night and in New York City's $100 a night. And, that is where they park at if necessary. We always the parking is controlled thoroughly. You guys have any questions, I appreciate your time. Ms. Oliver: Thank you very much. Mr. Ramaekers: Thank you, I appreciate it. Mr. Landfair: Madam Chair, the next speaker on this item is Eddie Bourdon, followed by Samuel Jones. Mr. Bourdon:Thank you Mr. Landfair, Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney I do not have a handout. The first thing I want to talk about is, I want to say, Mr. McGee's comments 21 on item 18, because I and my clients do not have any problems with the fines, but his one comment was spot on not to say, other ones were not. The fact that we are putting a scarlet letter on short-term rentals by having these fines that only apply to short-term rentals does not make sense to me because I guarantee you, I have not asked Mr. Kemp, but I guarantee you, we have a lot more problems in this city with code compliance with long- term rentals. Okay. No doubt about it. So, the fines should not just apply to short-term rentals they should apply to any property that is rented. This short-term rentals are not anywhere close to the problem of compliance as long-term rental or the yearly rental. That is even completely not arguable. Okay, on number 19, the grandfathered or I consider they are legally nonconforming. I will just simply say that everything else that deals with legal nonconformance pretty certain goes to the Zoning Administrator, the Board of Zoning appeals to court. I am not really sure why the Planning Director is the one making the decisions on these on the 2600, short-term rentals that are grandfathered or legally nonconforming. It seems a little bit odd to me, but anyway. And what constitutes abandonment, there is a lot of different tentacles to what constitutes abandonment as well. And, there is legal precedent on that issue when it comes to nonconforming use and the abatement of nonconforming use. And, I think that is why it belongs in the Zoning Administrator BZA, quasi-judicial BZA, and court.As for the changes to the ordinance the findings, characteristics of the neighborhood Mr. Grockmal it is a false narrative that he put out there, because what is residential short-term rentals are residential, long-term rentals are residential, and short-term is less than 30 days under your ordinance, and owner occupied it they are all residential. Maybe, there is a distinction between owner occupied single family and rental, whether it is short-term or long-term, I would submit that short-term, the vast majority of cases is a better situation when it comes to the upkeep maintenance etc. of the property than long-term, especially in areas like Old Beach, which have needed for decades redevelopment. So, characteristics of a neighborhood or portion of neighborhood like Baltic East which is probably 75% rental and has been forever. What isthe characteristic, it is not single family owner occupied, which I would submit probably is close to the majority it may well be the majority on those areas West of Baltic and Old Beach. The idea that Old Beach should be dealt with differently than Lakewood or Sea Pines, or maybe even Shadow Lawn, the Shadow Lawn is different. I do not understand why we are doing this part of the Oceanfront Resort and not Lakewood to the South and Sea Pines to the North of 31st Street. But anyway, and I said this at the workshop under number four, this needed as 22 a comp plan term, it should not say needed. We should not be in the business other than a comp plan of suggesting what we need or we want. It should be compatible resource, not a needed resource, although it is needed in Old Beach for the portions that we have talked about and it is also needed on 21st and 22nd Street as I have said previously, Norfolk Avenue other main thoroughfares. Arctic and Baltic, no matter what you say.it does see on a nice job with trying to calm the traffic, but that North- South corridor of Arctic and Baltic, there are going to always be heavily trafficked. And, it is different than once you get West of Baltic ran into Barbara Yates, I was going to relate this at the workshop and did not have time. At the vet about month and a half ago and Mr. Bishard and Mr.Edel have been involved with Old Beach from a legal standpoint, but Staff and Karen Lasily, etc. has been a great process over the years, and the first thing Barbara said is, can you believe how great Old Beach is looking. I cannot believe that Artic Avenue looks as good as it does. And, Barbara has done even that and I said Barbara, yet it has been fantastic. You do realize that short-term rentals has been a big part of that Arctic, because Arctic and Baltic just like 21 st and 22nd always been a thorn in the city side in terms of how do we get that to redevelop and putting more density, was the old way and it turns out we can do it with less density, because of short- term rentals and she said you know I do not like short-term rentals but I got to say Arctic Avenue is looking extremely good and I did not think I lived to see that happen. So, this idea that the Chairperson said this morning that Old Beach has been hit hard by short-term rentals, I am not seeing that whatsoever. And, we are seeing a reduction in the number of units on a lot of these, and with the occupancy restrictions that apply to short-term rentals that do not apply to people renting for more than 30 days in the same neighborhood. And ,that is in here too, some of the languages a little questionable I think some time needs to be spent on working on it, but we are not at all opposed to the fines and really not particularly opposed to the stuff in 19 although, again I do not think it is as good as it should be. On the Old Beach part, it looks to me like it is a solution in search of a problem. There are 2600 short-term rentals that are grandfathered legally non- conforming. There have been 196 applications filed for short-term rental CUPs since the ordinance went into effect. That is 7.5% of the ones that already exist. The short-term rentals that have been approved by council 62,that is 3% of the short-term rentals that already exist. Our statistics that I have that were presented to RAC and some of the people by the city, so, there has been 63 short-term rental applications in the OR District. There is no OR District in Old Beach I do not know where those have been 23 because I have not seen them. And, as I have said previously, why short- term rentals CUP is needed in the OR District is beyond me it does not make any sense at all. It is not a "neighborhood" as everybody uses that term. So, it does not make a lot of sense, but most importantly there are only 28 short-term rental applications, 1% of those that exist that have been submitted and I believe acted upon or in the process of being acted upon in all of Old Beach 28. That is my point of a solution in search of a problem. That is 1% of the existing short-term rentals and then Old Beach is just a small subset, as I said earlier, of the Oceanfront Area and I do not know why it is being dealt with separately from Lakewood, Sea Pines, or potentially Shadow Lawn. Also, city statistics show there are other short- term rentals in the city, there are 29% in the Beach District, 29%. Now, Princess Anne has the largest cause of Sand bridge, but that is still not an overwhelming percentage. Old Beach is finally experiencing at a more rapid pace, a long overdue and long encouraged by the city redevelopment. It is an organic redevelopment, city has helped, but it is mainly the investments that are being made by not just the folks that are here but there are others as well, Ken Hunt comes to mind. Do in large part to short-term rentals and many with an accompanying reduction in density, and certainly a better control over who is there and what they are doing, what they are spending. They are going to spend more money at the resort, because they are here for a vacation. And, you or I would come down and stay on Baltic or Arctic or 21st or 22nd street or Norfolk Avenue for four or five days or a week, but somebody might not really want to live on those heavily traffic streets 365. It is different from back in the area where there is not a lot of traffic. And, as a Commission has a city we should be a little bit more thorough in how we try to, we do not want to kill the golden goose and that is what this really is in some parts of the city, not necessarily in Croatan, not necessarily at the North End, but here in these areas that have been blighted in for years needed redevelopment. It is a great asset and truly same is true for Lakewood, and the other areas there, we should not be putting a scarlet letter on something that there is no evidence is a big problem. Lastly, the idea of by right owner occupied makes no sense to me. Okay, they just want to use from it too because what if you have some people it is great, I have one in Croatan and I would not get all details but bottom line, a lady with a baby by a new husband, a 13-year-old daughter they were renting out rooms in their house a year, this was going back four or five years ago. I had everybody in my block, what can we do this is crazy. Why would they let people move in the house for a weekend with their infant and a 13-year- old daughter. So, owner occupied short-term rentals can be great, do not 24 get me wrong, but it is not a panacea. It should be governed by use permit as well. Ms. Oliver: Thank you. Mr. Bourdon: Thank you. Do I have to answer any question? Ms. Oliver: No, I think. Thank you, though. We will be back. Mr. Landfair: Madam Chair, the last registered speaker on this item is Samuel Jones. Ms. Oliver: Thank you. Mr. Jones: Good afternoon. I hope you guys can hear me. I appreciate the opportunity to speak. I guess, I was 22 years old I left Virginia Beach and it is been six years of my life commercially fishing in the North and South Pacific.I started a family in 98, and bought a triplex on 27th Street that same year, since then I have moved to the 500 Block of 26th Street. So, I have been living in Old Beach now for 22 years. I am late to this party, but I spent last night watching the July 8, meeting with the Planning Commission. I am a small business owner. By day I wear toolbelt. So, in reality, the properties I own in Old Beach are my retirement. One of the concerns I am addressing you guys, I guess it would be agenda 20. In the future, my triplex is rented yearly at the moment and has been since 2001.At some point, I may want to look at doing short-term rentals. These gentlemen to my right and in the back, they are obviously having success. The Old Beach Overlay has made my neighborhood better. Some may say I live in a blighted home I live in a little three bedroom and one bath that was built back in 54. I am not ripping it down, I like my backyard. And,I am going to continue to update it. In the past year, my wife came down with breast cancer and through this whole transition our dream is possibly to rent our home and maybe go to France for a couple weeks in the summertime. But what I see if you really want to look at Old Beach and look at really who owns the properties and the number of short-term rentals, the number of annual rentals I think a lot of the tax records show that a lot of LLCs, own a lot of properties. I would vary to say that the permanent homeowners are in the minority and it is a very cool little neighborhood. I play tennis on 26th Street a couple times a week, I surf out front. But, with that said, I have for short-term rentals between on Mediterranean right. In the 600 block and the families that do rent those home walk by past my house every day going to the beach and it is kind of nice seeing people go walk and go to the beach. This morning I stopped a couple and presently painting and redoing the hardwood floors and my rental on 27th and they are doing three days, they are spending $300 a 25 night they are from Richmond. They are actually staying in not a very nice unit. So, we have a pretty big we got these brand new homes that Chris Edel has developed and then we still have some older stuff that is considered blighted. That may not ever go away or maybe not transition out as soon as the public wants. So, I want you guys to consider and respect the older residents and the possibility of being able to use the properties that we have invested in for future. And, there should never be a cap on the number of short-term rentals or weekly rentals, because even if it's East or West of Baltic .And, then on the agenda 20, I think that again I hope you guys taking consideration any type of future investments and in future people wanting to do short-term rentals and not alienate them if the numbers, there is too many in the neighborhood. I honestly as a resident, we are different than Shadow Lawn and we are different than North End. We are very close to the hub of the oceanfront and at the moment it looks like we are doing a good job of creating a nice neighborhood for short-term rentals, weekly rentals and even annual renters, and homeowners to live in. So, anyway, thank you. Ms. Oliver: Thank you. Mr. Redmond: Excuse me for a second, I did not catch your name at the beginning. Mr. Jones: I am Samuel Jones. Mr. Redmond: Mr. Jones, you are not late to this party, I thought your comments were very valuable and I also want to say, we wish the best for your wife and your whole family. Mr. Jones: Yeah, thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, at this time we would like to ask if there are any other speakers present either in the lobby, or in the chamber that would like to speak. Anyone? Mr. Sanders: No one in the lobby. Mr. Landfair: Okay. It would appear that there are no more known speakers. Ms. Oliver: Okay. Well, I think we will close this now and then up our Planning Commission. 26 Ms. Oliver: Yeah, let us close it and then we will open up for discussion and we will move through these one at a time, and do we want to wait for Mr.Redmond to come up we want him to catch up. Mr. Weiner: I would like comment if I could Staff anyway. I do not have problem with fines, but Mr.Bourdon bought up a good point. Why are we just picking on short-term rentals and there is a lot of other rentals out there in the city that have problems, long-term rentals. I mean I know why are preying on short- term rentals, but we thought about that about long-term rentals too. Mr. Tajan: As my understanding that because of the turnaround on short-term rentals and that the regular zoning enforcement process of a 30-day notice, and then going to the Board of Zoning appeals for some of these issues is a bit cumbersome and by the time someone gets through that process the season is over, and they are no longer renting, so, they are in compliance. So, part of it is the ability to as allowed by state code for certain zoning violations, they can become civil penalties which is what this is going for we use this currently also. We have the ability to utilize this for signage as well, but this follows what is permitted by State Code. Now, as far as this is a subset in the zoning ordinance, there is an subset in the zoning ordinance that talks about rentals. So, this is going in based on the utilization of a property as a short-term rental. Mr. Weiner: Follow up real quick to that, why are we including Sand bridge in this mean, I mean another part of the ordinance, but I mean why would we include Sandbridge on part of like they are in little entity down there and so forth. Mr. Tajan: The zoning ordinance requires that anyone operating a short-term rental comply with section 241 .2, which includes the portions that we deal with grandfathering and also the performance standards. Mr. Weiner: As I was just ask the question. Okay. Ms. Oliver: All right, so we are going to start with 18, and do we have any comments on this one. Mr. Redmond: I echo David's comments it seems to me rather unfair. I mean I heard your explanation, I just do not know that I buy it very frankly. I do think we ought to enforce far more in the city than we do. But, it just strikes me that we have different standards, so make a difference if you are violating the law in some way, whether a renter is there for 31 days, whether there for seven, I do not know that is particularly fair. I will say at the outset to, I mean I thought I have heard everything, but this is very educational session today, 27 and I listened to every single word. But, I am more discombobulated than I was when we began and I have objections based on what I have heard to everything Ms. Atkinson I was perfectly okay with the grandfathering until Ms. Atkinson. What is wrong with the lander does not it, I never thought about that. So, if you decide you feel like living in your own house instead of renting it for a couple of years, you cannot go back to renting again I do not know how that makes any sense, any case. So, I got a whole bunch of objections that I am not going to support anything today, because I think Mr.Weiner I hope anyway if I have read them correctly sure it is my view, but there is way more going on here than we can make up on the fly. Ms. Oliver: I am going to interrupt you and I am going to let the attorney speak for one second. It can happen all the time. Mr. Redmond: I get it all day long. Ms. Oliver: Its okay. Ms. Wilson: I understand about civil penalties. Right now if you have a zoning violation, which is what these are, when you violate the zoning ordinance you are charged with an unspecified misdemeanor, it is a misdemeanor when they say have you ever been charged with a crime, you have to put down, yes, because it is a misdemeanor. Now for zoning you cannot go to jail, that is why it is an unclassified or an unspecified misdemeanor. But, it is a fine up to $2500. $2,000? Ms. Wilson: $2500. Anyway, so we feel that a bigger penalty on someone, than someone going through the system and having a civil penalty. They still have due process. We send you what looks like a summons, it just says the violation is this, the penalty is this, the $200. If you want to pay it, you go down to the treasurer's office and you pay it. And, it goes into Planning's budget under short-term rentals under civil penalties. If we did not do this then people would have to go through the regular process, which could potentially give them a misdemeanor. Now, we do not want to give them a misdemeanor on their record forever for some of this stuff. We felt it was a way to make it easier on people who have violations. Because a lot of the things are not earth shattering, but there are other things that also have civil penalties in the zoning ordinance, SANS are civil penalties. There is a philosophical issue. Mr. Redmond: We do not enforce the sign thing just so you know, we talked about that earlier. 28 Ms. Wilson: Yes, they are. There is a philosophical debate between which is better, civil penalties to get people to do things or criminal penalties, and it is philosophical more than it is concrete. We have looked at going to civil penalties for everything, but many people feel that criminal penalties are things that require people to more readily bring their property into compliance. If they have variance requirements, so they have setback issues and they have other things. So, that is why we went to civil penalties, because it was justifying. Now it is only$200,if you have a regular fine from a criminal violation it could be up to, I think it is $2000. But, that is why it was done, it is not something that is brand new or never been thought of and you still get due process.As if we decide, hey I am not paying that$200, I am just not paying, come on over to court. Tori will be there and she will prosecute you just like it was a criminal violation, except her standards, the standard for proving it is lower for the City. Ms. Oliver: Okay. Mr. Redmond: I thank you for that, I still share David's view, I just do not know that is consistent, so, I have a different view of it. So, anyway, thank you. Ms. Oliver: Yes, Mr. Graham: I agree with Mr. Redmond, I thought it was great to hear from these speakers. Full disclosure Mr. Jones back there I went to high school with him. And, he grew up in Virginia Beach he went first colonial High School, as I did. And, I am sure that he is surprised it how revitalized that area is today compared to what it was back in the 80s, it is very different. And, hearing the speakers, I mean, they have taken places and you look at these pictures, they took places that were eight units and converted them into two houses, the before and after pictures. I mean, this is short-term rentals have been the economic engine of that area they have to completely transform that area. I am torn with short-term rentals in other areas like your traditional neighborhood, but here close to the beach I am not I think that what has happened over there is great. And, I agree with Mr. Redmond. I do not know that there is anything in here you can support today, I think this thing is being rushed through I think that more thought needs to be given to it. Ms. Oliver: All right. No disrespect, but we are going to do 18, because I just do not want. Mr. Weiner: We got to do 18 first. Ms. Oliver: We got to do 18, we got to do them separately. 29 Mr. Graham: Okay. Ms. Oliver: And, so that we can focus specifically, kind of where we are and what we are addressing. Robin. Ms. Klein: I understand the argument for 18. However, since it is currently a criminal penalty, which I disagree with, I do intend to support the transition to a civil penalty, at least in the interim. Ms. Oliver: Okay. Perfect, right. Yes, Don. Mr. Horsley: The whole thing was civil criminal penalty it did not make much difference to me, other than the fact that the enforcement is the whole thing. And, I cannot see that changing this penalty is going to make anything, I do not know where the enforcement is going to come from. I just do not think we have to staff or whatever to enforce it regardless of what it is. I mean, the civil penalty versus criminal penalty, I mean it is minor penalties is as that is fine with me I do not mind that, but what is the people that have put this issue up what method of enforcement have they come up with to help enforce with any type of penalty. Because, we do not have the staff now in order to do it now evidently. Mr. Tajan: Mr. Horsley, you are correct currently right now we are working as best we can with what we have and we do have three additional positions that have been kicked free from the hiring freeze to allow us to focus on this as well as our contract with host compliance. So, Mr. Kemp and I was in a meeting with the City Manager discussing other ways to add to our enforcement capability, whether it be a third party or to figure out a way to fund the ability to have someone to be out there on the weekends to go and enforce these requirements. So,it is not something idle,we were not just tossing the words out. We are also working as far as staffing and finding other solutions that are available to us to do the enforcement. Mr. Horsley: I mean, I see this with other things not just short-term rentals enforcement or other thing. People complaining to me all the time about various things and said why did not the city take care of this and I said, well, I guess we just do not have the people to enforce the code. So, regardless of what penalties we put up there, I think that is something that somebody on Council or somewhere has got to come up with a way to provide more enforcement to use those. Ms. Oliver: Well. Yes, Mike. 30 Mr. Inman: I certainly think civil penalties makes more sense than the criminal penalty on this kind of thing and I think we can support that. Ms. Oliver: Right. Mr. Inman: I would support that. Ms. Oliver: Alright. So,do I have a motion for 18? Mr. Inman: I will move approval of 18. Ms. Wilson: I will second. Ms. Oliver: Great. Marchelle will you call for the question please. Ms. Coleman: Sure.lf you are in favor of the motion say, yes and if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. 31 Ms. Coleman: By recorded vote of seven for and one against Agenda Item 18 is hereby recommended for approval by the Planning Commission. Ms. Oliver: Great. Alright. That went smoothly. Alright, so now we are going to talk about number 19, revocation of grandfathering status and City Council funding regarding to short-term rentals. Mr. Weiner: I will start this one. I am completely done with this one, after listening to everybody out there, I really appreciate the input it was really good information. I would make a motion to strike item two completely required findings and the minimum I would support on grandfather would be 60 months. Mr. Redmond: How many months? Mr. Weiner: 60 months. Mr. Wiener: Five years, 60 months. Okay. I mean that would be the minimum I would support for grandfathering. Ms. Oliver: Alright, hold on. Mr. Wiener: That is just me. Mr. Redmond: I agree with that. Ms. Oliver: So, you want five years. Mr. Wiener: Five years for grandfathering and completely strike item two required findings. Ms. Oliver: Item two, as in numeral two or the whole segment. Mr. Wiener: It says item two. The whole paragraph. Mr. Tajan: The required findings. Mr. Wiener: Yeah.Items 1 , 2, 3, and 4. Ms. Oliver: You want all of those gone. Mr. Wiener: Yes. Ms. Oliver: Okay. Mr. Wiener: That is just me. 32 Ms. Oliver: That is just you. Mr. Redmond: No, it is me too. Ms. Oliver: Oh, okay. My goodness. So, you do not want aesthetically pleasing parking. I am just asking, because you can pick and choose. You do not have to be blanket. Mr. Wiener: I understand, this is just my opinion thought through. Ms. Oliver: I am just sort of soliciting. Mr. Wiener: It is just not thought through, it needs to be. We need to sit down and think about what is going on here. Ms. Oliver: Because they do not have any problem with aesthetically pleasing parking. I think that is a good thing. Mr. Wiener: Well, that is fine if you want to fix it. Mr. Redmond: Vote against it. Mr. Wiener: If you want to keep it item two. Ms. Oliver: That seems to be the crutch of our problems here is parking because that is the only thing we have, and so we are debating on whether or not, gravel, eight feet of this, does not look like that, what is the apron look like. So, if we are hanging our hats on parking, we might as well make it look good. Yes. Mr. Redmond: I agree with that. Ms. Oliver: Thank you. Mr. Redmond: However, be that as I have said before I share Dave's view, and an awful lot of this is just not very well thought through and requires greater consideration, factually though and substantively I do not like the idea that if you choose to live in a house for two years that you were previously renting then you lose the ability to then rent it again because you choose to live in your own house. It just does not seem to me to make a lot of sense, so, I am not going to support it. If you want to make a motion, I consider what you said an improvement, and I will be happy to support your motion. In the end, however, I am going to oppose the entire concept of it because I do not think that's fair to property owners. Ms. Oliver: Yes, Robin. 33 Ms. Klein: If I get granted conditional use permit for my home now. I am not applying. And, then I decide to live in it and I am not grandfathered or legally nonconforming what happens to that permit. Ms. Oliver: I do not think anything happens. Yes, okay. Mr. Redmond: First I love how you keep direct these questions with Dee and I would encourage you to keep to it, I'm rather enjoying that. Ms. Wilson: You got a CUP right. Ms. Klein: Yes. Ms. Wilson: Okay, your CUP is good for five years and then it will just simply disappear unless you come and renew it. Ms. Klein: Okay. So, I think that is very well in lined with your five year suggestion. Yeah. Mr. Horsley: But, you does not have CUP, if you do something, if you have some type of a vested right in it within that five years, does not that make it stay. You do not have to have it completed in five years. Ms. Wilson: No. If your CUP is specifically conditioned on, it only lasting five years, so there is no vested right argument, you knew you had it for five years that is all. Mr. Tajan: So, Mr. Horsley said that, in this case a conditional use permit is Ms.Klein is referring to has a very specific condition stating that it lasts for five years. If you are talking about other conditional use permits, yes, the discussion is a different, but it is laid out in the ordinance that way. Ms. Klein: If it is vacant for five years you essentially lost your right for grandfathering property, and would been under your suggestion. Mr. Redmond: Under Mr. Weiner's suggestion. Ms. Klein: Right under Mr.Wiener's suggestion. Ms. Wilson: Under Mr.Wiener's suggestion, just take the two and make it a five. Ms.Klein: And make it a five, which would be the regular length of time fora conditional use permit. Mr. Inman: I actually support all of this. There is going to be subjectivity, there has to be subjectivity you cannot, as Kay explained early on in our informal session 34 you cannot objectify every single thing, there is judgment calls to be made by us recalled on to make judgments about density, and whether there is too much density of short-term rentals. So, that it destroys the neighborhood concept that neighborhood feel, the benefit of living in a non transient neighborhood. So,that is what that is about. That is what two of those items and number two are about. We have been concerned for many months now about, we have seen, I think a higher volume of applications than we ever really expected around the city, and we all of a sudden we are like, whoa, wait a minute what is this going to do to these neighborhoods. Everybody is thinking about today, Old Beach, I am talking about all of the things we have been concerned about, some parts of the Shore Drive neighborhood. So, I am not offended by any of these criteria that I think they are good that we have to make those findings in order to protect the neighborhoods. So, that is what I wanted to know. I am alright with it. Ms. Oliver: I mean these are all the things when you look at them individually and then the grandfather with separate from. These are all the same conversations that we have every time we look at them, how many, where is the map, we turn to Planning Staff and go where is your map, how many are there, what is the street look like, what is the parking lot like. Well, the guy just paved his whole driveway I mean his whole front yards. So, that is not aesthetically pleasing. Somebody wants to gravel or put dirt in there, they are bumping over curbs and stuff, all that is doing is saying, hey look if you can meet your parking requirement or we can help you meet your parking requirement, can we do it aesthetically pleasing. How is the landscaping look. The occupancy is basically, does it does it meet the requirements of what everybody else is doing on the street, you have 50 people in your house or do you have 11 people in your house that is reasonable to be in their bedrooms and what is wrong with number four, STRs are needed. I am just curious resource in certain areas of the city, particularly those in close proximity to venues and part of that was because we do not have, Old Beach is three blocks from our resort. We got thousands of hotel rooms right there. So, it is not as if people are landing in 27th Street and they cannot find a room. That is not the problem, that statement if I recall correctly part of that was due to the fact that the Amphitheatre and the sports complex where we do not have hotels, was so, that then we could look at that area and say yeah In fact, they do need STRs there, because these families are bringing all these kids into play these sports and stuff and we do not have any place for them to stay and the resort hotels are too far for them to go. 35 Mr. Weiner: Okay.I understand, but I am going to break it down two and three I could probably live with, but one I definitely could not. Who would say that the way I think characteristics change in the neighborhood is different than yours, as Mr. Redmond brought up earlier. Two houses on they are different in what I think for a characteristics surrounding neighborhood. And, I know I am keep bringing this up, but I think just because there is hotels there it does not mean people want to stay in hotel, I do not want to stay in hotel, anywhere I go I would rather stay in a house and that is just my opinion of course. So, the proximity of the venues and districts in the areas generate high volume. I mean, that is perfect for Old Beach in my opinion. So, I can live with two and three rather, how is that. Mr. Redmond: I would make the following argument characteristics of the surrounding neighborhood. If there was a neighborhood with a preponderance of short-term rentals, I would argue that is a characteristic of the neighborhood. If you look at some of these neighborhoods and say they havegot all these dots on the map, look how many short-term rentals on there. Is that not fundamentally a characteristics of the neighborhood. If I am one of these builders and I come up with an application and my application is denied, on the basis that it changes the characteristic of the neighborhood where there is already a preponderance of short-term rentals. I am going to sue. I mean that is just strikes me as oxymoronic and really needs a lot more work. It just kind of made up and it does not, again I am not going to support this grandfather thing because I think it is unfair to people who own things. But, that to me is probably the most offensive of the things that I find here, I completely agree with you Dee about the attractiveness of things, it is statics to stuff to me, it makes a gigantic difference. In fact, I think we have to look much more carefully at parking not just at the attractiveness of it, but how are we getting into. My problem with this 9x18 thing is requiring far larger parking and more impervious cover than we ought to and I think there is such a much deeper, more complicated conversation than we have because I do not want all this. I mean, you know much better than I would have all this more impervious stuff. And, frankly people move their cars to let the other car out all the time, not everything needs a big wide turning radius of a Chevy tile. So, in any event, I just number one to me is, is a nonstarter. It is not ready for primetime, it is easily argued in my view that in a lot of these places where there is already a preponderance of short-term rentals, but that is a characteristic of the neighborhood. So, I am not exactly sure how you even on a subjective basis that that makes sense. Anyway, I am sorry, go ahead. 36 Mr. Inman: Then number one would be okay with you because you get to make that argument saying, if you are not changing the nature of the neighborhood, so, it is okay. Mr. Redmond: But, that is my point is, it does not have any real meeting, if everybody can see it 18 different ways and it is not really a law. Ms. Oliver: I think that is the whole purpose of it. Mr. Redmond: So, it is not to have meaning. Ms. Oliver: No, I do not think the lack of, I am not saying new as it specifically I think. Mr. Redmond: Well that is okay. Ms. Oliver: Some people are looking for specific black and white laws regarding this and I think it is subjective to where we are and what the area looks like. Do I think that a lot of the development in Old Beach is a plus to that area, absolutely I think that it is absolutely gorgeous to go down there after growing up and down on the oceanfront and see that these places are pushed to the street that we actually have sidewalks for once, we never had sidewalks. The walkability, the balconies, the parking in the back it is all a huge plus for that. Again, it's obbjective to them all of a sudden we have another area that has some not so well run Airbnb's that are not properly managed by a property management or that a company that is readily available to troubleshoot areas, that is causing problems that allows us to go in and say, you know, this is ruining the character of this particular area, this particular neighborhood. This is an enhancement to this particular area, this particular neighborhood. Mr. Inman: I will give an example like Arizona Bay, very dense, there probably are not any short-term rentals in there. But, do you want to allow a bunch of short- term rentals in there, they are not used to having short-term rentals, they probably do not want short-term rentals. So, there is certainly a right to have some, but it could become such that it is now changing the nature of that neighborhood, the nature of that neighborhood is not short-term rental. So, this allows that kind of analysis. Mr. Redmond: I understand that, my view is laws ought to have meaning or they are bad laws, this does not have enough meaning to me. If you can interpret it 18 different ways, I do not know how you can follow it. They have to be more specific and in this case, it seems me entirely just like we had to do it the first time entirely rushed and that is how you end up with a mess. And, 37 we had one before we still have it largely it is that rush part, but coming up with phrases like change the characteristics of the surrounding neighborhood that do not really have any great definition to me. It is just asking for trouble. Ms. Oliver: I am just throwing this out there, because I am just trying to. Mr. Redmond: This is a great discussion now by the way. Ms. Oliver: I just want to figure this out. Let us just say, we head down to Princess Anne out to the rural area. All of a sudden, we have got venues that want to go in and do all this and everybody is like, no, because that changes the character and the fabric of that particular area of what it is technically designed to be. So, the zoning is AG, this is what we want this, this part of our city to respond and act like. Now, we go into a residential area, which people go in and buy a house and I am just playing devil's applicant. Mr. Redmond: Yeah. Ms. Oliver: We go into a residential area, people move here, the military moves here, women are looking for schools, they are looking for a neighborhood, they go okay, here it is. This is where we are going to go for the next two or three years. We are going to buy a house this, that or the other. And, then all of a sudden they find, well, it is not a residential area, we have got a commercial use in a residential area that typically would not be. And, I am not talking about what is within three or four blocks of the Oceanfront, I am just talking about further into the city, further back. How does that perform, we do we then just kind of say, we can go down to the farms and we can do well, because that does not change. Mr. Redmond: Well, let me answer it, and that is, it is far more specific than this is, take his example about the wedding venue that we have been through and we are going to see again of course. And, the ordinance as I understand we have not seen it yet, but the ordinance is being drafted as, assembly uses are not permissible in the AG District, is that correct? Mr. Horsley: It is being negotiated now. Mr. Redmond: Okay, but so, let me use as an example, that is pretty easy to understand. That is pretty easy to point to, it is not as broad, and is meaningless as change the characteristics of the surrounding neighborhood. I know what an assembly use as, I know what AG-1 is, I can point to that and tell you whether it is or is not, an assembly use. I mean, I 38 understand your example, but you kind of are helping me make that argument which is that is much more specific, I understand what he is saying, I understand what the applicant who's proposing that particular application. And, it is pretty clear and you can just make a decision because it has meaning, this does not have any meaning to me because it is just so unspecific. I do not like that we are messing with people's property rights in this grandfather thing, but that whole phrase changing the characteristics, it is just not there, it is just not good enough for me. So, I mean we are just going to disagree on this, I understand. But, I do not know that it has, it just does not. Ms. Oliver: only reason I'm asking is because at one point we are going to have to be more specific, and so, why we were just on the roll I just basically. So, you had Mr. Grothmal who said, well then, let us do it by a math problem. You measure each street and two thirds of its residential and I am just throwing it out and one third of it is STRs. And then, therefore now you have a math problem, now you have law or something that appears to be more cut and dry. Mr. Horsley: You got a box you can check, when you figure it out that percentage you got a box you check and when you get all your boxes checked you can go with. But, but this is not that direct. Ms. Oliver: Right. Mr. Horsley: It is a lot of subjectivity to those four comments there. Mr. Redmond: It is altogether too much objectivity. Mr. Horsley: And, really what it boils down to is can you take those four things and get six votes that is what it amounts to and then put all aside. So, it is a lot of subjectivity. I kind of agree with what David said about the two years, I would not mind go into the five years on that deal. But, the other ones is a lot of subjectivity because it gives you a lot of points that you can discuss like we are doing right now. But, do you want to have a three hour discussion on each one to see if you can muster up enough support to get it either passed or not passed, you know, what it means to. And,I am going to say one thing about it to talk to you here today, I got to move out of it people that spoke today than any short-term rental briefing that I have been through by the people. There is a lot taking place and we are kind of predicted that this was going to happen, when we first started, but we were thinking in going into other established neighborhoods not able to thinking about the beach or whatever but we were thinking that blighted homes would be purchased 39 and people would take them and either remodel them or build a new home there and do short-term rentals in as a business. And, that is what is happening at the beach now that is what is happening and not necessarily blighted, but older properties. And, it is really enhanced that area where it looks like to me from the pictures I have seen today and I got to think of a couple you all said somebody and I really agree that today's comments and what we have heard has been the best that I have heard. Maybe, our ordinance is not too far out of line maybe, we are getting something accomplished of what we have got now, other than a few little tweaks that have bothered me badly. Mr. Redmond: I agree with you, I think the comments today were outstanding. Mr. Weiner: You know what that bowls down to, is having the ordinance in place for a little while. And, we are rushing to try and figure this out, we need to let it go a little bit longer, maybe we need to let this go till November, let December finish. And, then let us work on it over the winter, for next year. I mean, we have not had this go long enough, we do not know what is happening there. Mr. Horsley: The one thing I think that we did not anticipate was the number, the volume of applications that was coming, I do not think that was anticipated with that volume. Mr. Alcaraz: Do we have the option of differing it, Ms. Wilson. Ms. Wilson: It has to be returned to City Council within 100 days. So, you can differ it for the next 30 days to your September meeting, if you wish to. Mr. Weiner: If we differ, okay, this is me okay. We are going to be together for the next four weeks every Tuesday night for next four weeks, we have no time to think about this. Mr. Alcaraz: Im just going to say that I was supporting number 19, with number two with all the findings and comments, but I do like your 60 mark, so, I do not know if I can do a substitute motion or an amendment to your motion, but I would prefer to leave the motion. Mr. Weiner: I thought you did. Mr. Alcaraz: I said,l would make a motion, but did not. Mr. Weiner: Oh, I am sorry. Ms. Oliver: I did not hear you, what you said. You liked. 40 Mr. Alcaraz: I like the whole thing ,but actually if he wants to say 60 months, I am good with that. Ms. Oliver: I am good with that too. I mean, I will do that. Mr. Redmond: Do we take out one and four. Ms. Oliver: I am going to leave one and four. Mr. Alcaraz: I am leaving them. Mr. Weiner: Hey anyhow put me on the spot. Mr. Graham: I agree with two of two and three of two, but I do not agree with one. One it is poorly written it is very subjective. It sounds like to me that a lot of Old Beach the characteristic of it is short-term rentals and rental properties. Number four is just to me, I do not think it was written very well, I do not think it was well thought out. But, I would support Mr.Wiener's idea of the five years for number one for the grandfathering, and then on number two and three, but not number one and four. Ms. Oliver: I think it is George put the motion on for five years and then adding all the rest. Mr. Weiner: But, we can sit and look at number one and we can say, oh, Old Beach does have the characteristics of short-term rentals, so we should approve all of them. Mr. Graham: Well, problem is that, I agree but then somebody else could interpret maybe differently and it is just poorly written. Mr. Weiner: It is not right. Ms. Oliver: We do it right now. Mr. Redmond made a motion in Bayside due to the density there I think it was a short-term one. There was a lot of density, it was on Shore Drive something. One of them we did not do because of the amount of. Mr. Redmond: I will tell you exactly what it was, I will characterize it rather than you character. There was a cluster of four homes, of those four homes one was a short-term rental. Someone wanted to do another short-term rentals, so, that two of the four would be short-term rentals that is 50% in a four cluster of homes, and one of the owners who did not own a short-term rental had particular problems with one that was there. My concern at the time was that is probably going to exacerbate that, and that is gone from 25% to 50% 41 where 25% was a problem. That to me is a lot more definable than change the characteristics of the surrounding neighborhood. And, I could easily quantify that and did in the course of that application. It is not going to change my view I mean, I just do not think this is right. I only tell you what I am going to do because we got 19 different options here. I do not like anything in number two, I do not like the grandfathering at all. I think what David has proposed is an improvement. Mr. Alcaraz: We have a motion on it. Mr. Redmond: I would support David's and I am not going to support the other one. Ms. Oliver: Right now we have got a motion on the floor. Mr. Redmond: David did you make a motion. Mr. Weiner: No I do not. Mr. Redmond: You did not make a motion. Mr. Alcaraz: I made a motion that number nine, or agenda number 18 be approved but the change of 60 months and as far as the findings, amendment that they all stick. I like it because I think it puts more work on the builders, the applicants to do what they can to make this work for them, so, we can prove it.That is why I like it. Ms. Oliver: Do I have the second. Mr. Graham: I second it. Ms. Oliver: Okay. We are going to call. question, please. Ms. Coleman: If you are favor of the motion say, yes, and if you are appose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: No. Ms. Coleman: Mr. Horsley. Mr. Horsley: No. Ms. Coleman: Mr. Inman. 42 Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: No. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of four for and four against Agenda Item 19 is hereby being denied. Mr. Weiner: The motion is failed. Can I make a motion to pass. Ms. Oliver: Hold on. Mr. Weiner: Well, it'll be four for again probably. I would make a motion for item number 19, I do not want to be five years, and for item number two record findings to strike one and four and keep two and three. Mr. Graham: I second that motion. Ms. Oliver: Then call for the question Marchelle. Ms. Coleman: Sure,give me one second. Ms. Oliver: Sure. Ms. Coleman: Okay. If you arein favor of this motion say, yes. lfyou oppose say, no.Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. 43 Ms. Coleman: Mr. Inman. Mr. Inman: No, Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No. Ms. Coleman: I recorded vote of four, four and four against Agenda Item 19 is hereby denied by the Planning Commission. Mr. Weiner: So, this gives the council for 24? Ms. Coleman: Failed, Correct. Mr. Tajan: We did not do anything it goes recommended. So, as it stands it goes recommended for denial by the Planning Commission. Ms. Oliver: Okay, where are we. We are on number 20, which is to allow certain short- term rentals as permitted use in the Old Beach Overlay District. Do I have anybody that has anything, comments or motion. Mr. Alcaraz: I am just glad we got an updated map and with the comments that we got from I guess some of these developers or builders I appreciate what they said and I have also appreciated what they have done from what it looked like then and what it looks like now. Having said that, me understand this OR is not in Old Beach? Mr. Tajan: it is not on an Old Beach, that is correct. Mr. Alcaraz: I was not aware of this, but everything as some of the builders said East of Baltic has got that apartment or rental zoning. And, they are actually some of them are offering to take that as the overlay. And, then maybe everything west of that would be a use permit. So, I kind of support that, it kind of says it right on the map. 44 Ms. Oliver: Yes, Mike. Mr. Inman: I support what George said mostly, but it would be if you are West of Baltic if it is zoned a multifamily that would not require principal use. So, that would be available without having principal, in a principal residence zoned A-12 or is it any other A zoning West of Baltic. Mr. Redmond: Can I ask an operational questions here. Ms. Oliver: Yes, absolutely. Mr. Redmond: STRs is a principal residents and owned by the operator, how in practice does that work. It is my principal residents, that means I lived there. Ms. Wilson: More than half the year. Mr. Redmond: More than half year, so, like these family I am going to kick my family out and I continue to chuckle about by the way. I am going to move out whatever four months or five months or six months and then rent it but I am going to go back for part of the rest of the year. Mr. Weiner: What was it redefine that the line, which you are talking about. Mr. Inman: Okay, Baltic Avenue is a primary line, East Baltic Avenue would not have to be a principle residence if it is West of Baltic Avenue and it is zoned for multifamily use would not require a principal residence. Mr. Tajan: So, based on what you are saying Mr. Inman it may be easier to just say in the Old Beach Overlay, are you trying to say that they can apply for conditional use permit still or you are trying to say that they you think still can apply. So, then it would be more uniform to say in the Old Beach Overlay anything zoned multifamily can still apply for a conditional use permit while everything else is zoned because you are talking about the apartment zonings, correct. Mr. Inman: Yes. Mr. Tajan: Okay. So, while everything else has to meet this criteria, that makes it very difficult for us. Because, based on the Overlay District you are permitted to have single family zoning or single family uses on the multifamily properties, which is why they are getting redeveloped in that fashion. So, I think we are having a bit of a hard time trying to understand kind of the change unless you want to make the bright line on Baltic only and not anything else. Mr. Inman: That is fine. 45 Ms. Wilson: So, anything West of Baltic would have to have those requirements and East of Baltic support which it is. Mr. Alcaraz: By right. Ms. Wilson: Make it by right.Okay. Mr. Weiner: By right the conditional use permit. Ms. Wilson: By right with the provisions of 241 .2. Mr. Weiner: Yeah,that would be the ordinance like Sandbridge. Ms. Wilson: Okay. So, East of Baltic would be by right. Mr. Graham: And, that means the Westside not to get into the nitty-gritty, but I think we say that the Westside of Baltic and this side East. Mr. Alcaraz: One of the speakers, made it. I caught that too, but it would be the address of Baltic Avenue West. Mr. Redmond: Yes, I like that. That makes it simple. Mr. Alcaraz: That kind of fills the blank. It is not half the street west because you got property that is on the Westside of Baltic Avenue that is on Baltic Avenue address. Ms. Wilson: Like we have run the line down the middle of the street. Mr. Alcaraz: No, I do not. Mr. Graham: Not that in the middle street. Mr. Alcaraz: Would use address Baltic Avenue. Mr. Graham: Okay. So, it would be, it would have to be the back of the property line along here that you are going to run it. I mean, you cannot run it down in the middle of the street just because what is the difference between one side of the street and the other. I mean, it is a busy street I mean I do not really. Mr. Inman: Any property the fronts on Baltic Avenue. Mr. Graham: That is what I agree with Mr. Inman. Ms. Wilson: It has to be East or West. Mr. Weiner: West, those to be West. 46 Ms. Wilson: Okay, I am lost. I am sorry guys I am having. Mr. Alcaraz: Everything on Baltic Avenue East would be by right that is what I understand. Mr. Redmond: West side of Baltic Avenue will be by right. Mr. Graham: Westside of Baltic Avenue would be by right, correct. Ms. Wilson: With the meeting that provisions of 241 .2. Mr. Inman: Yeah, correct. Ms. Wilson: Okay. What did you George, do you mind repeat that. On the Eastside of Baltic, Baltic is the dividing line. Anything fronting the Baltic Avenue is going to be east. Okay. Mr. Alcaraz: So, now we need to... Ms. Wilson: And then the West would be that. Mr. Alcaraz: Correct, that is correct. Ms. Wilson: That she says that she points to the screen. Okay. Ms. Oliver: Yeah. Just finish the overlay. Mr. Graham: Because we already determined the 22nd Street was OR anyway. Ms. Oliver: Is it, surrounded by OR anyway. Ms. Wilson: Okay. Ms. Oliver: Alright. Yes, ma'am. Ms. Klein: Are we keeping the provision about the multifamily homes that are West or East or was that. Ms. Wilson: No. Ms. Klein: That is up, okay. Mr. Inman: Do we have motion. Ms. Oliver: Can we make a motion. Mr. Inman: George. 47 Mr. Alcaraz: I am sorry, if I am sounding confused. So, we are not going North or South, we are just staying at Old Beach, I thought we. Ms. Oliver: No, because those two streets that you probably referring to are not in Old Beach, 21st and 22nd Street are not in Old Beach, that is OR. Mr. Alcaraz: Thank you. Ms. Oliver: So, you just looking at the rest of the overlay, which is basically encompasses everything. I think I actually have a map for George, hold on. Mr. Alcaraz: Alright, I was saying that everything. How we ended up saying for Baltic, fronting on Baltic East. Ms. Wilson: If you're fronting on Baltic you are considered to be East, you are considered to be part of the East. East is by right as long as you meet the provisions of 241 .2. The west will allow us STRs by right also, but you have to meet 241 .2 and it has to be your principal residence. Mr. Alcaraz: I agree. Ms. Oliver: This actually has the all the zoning on it. So, there it is. Mr. Alcaraz: Somebody second it. Ms. Oliver: Do we have a second. Mr. Alcaraz: I will second. Ms. Oliver: Marchelle can you call for the question. Ms. Coleman: Did we get a second. Mr. Alcaraz: I did. Ms. Coleman: Okay. Thank you. Alright, if you are in favor of the motion say, yes. If you are oppose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. 48 Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against Agenda Item 20 is hereby approved by the Planning Commission with the changes noted. Mr. Redmond: We all agreed on something. Ms. Oliver: Okay. Almost there, 21 , transition rules for Old Beach Overlay STR reviews. Okay. Yes, Robin. Ms. Klein: I would like to make a motion that we approve the ordinance as written. Mr. Inman: I second. Ms. Oliver: Do we have a second. We have a second by Mr. Inman. Marchelle please call for the question. Ms. Coleman: Alright, if you are in favor of this motion say, yes. If you are oppose say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. 49 Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eight for and zero against Agenda Item 21 is hereby recommended for approval by the Planning Commission. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS Staff recommends approval of this Ordinance amendment. This amendment clarifies the regulations to which a property will be considered under should the Ordinance be adopted. Although staff does not anticipate this amendment impacting many properties in the que, there is currently one application located in the Old Beach Overlay on the August and September Planning Commission agendas, it does make clear the rules that will be followed as the new regulations are implemented in the Old Beach Overlay. 50 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW& ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw(avbgov.coln or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/08/2020 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R YSS ERNDN I/ SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y E. September 1,2020 JOINT SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y September 1,2020 G.1. MELISSA&PAUL VENABLE,KEVIN& APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ELIZABETH BAUM,&WILLIAM CONSENT WARNOCK for an Alteration to Existing Nonconformity re expand second story and add a new roof to an existing duplex at 213 &215A 69th Street DISTRICT 5— LYNNHAVEN G.2. CHURCH OF TIIE ASCENSION/TIIE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ROMAN CATHOLIC DIOCESE OF MODIFIED,BY RICHMOND for a Modification of CONSENT Conditions re build a one-story administration office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE G.3. LINDA M.ADDISON fora CUP re home- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y based wildlife rehabilitation facility at 1717 CONDITIONED,BY Dancers Court DISTRICT 1-CENTERVILLE CONSENT G.4. RYCHAE LYNEA REED/JOAQUIN V. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CASTRO for a CUP re family day-care CONDITIONED,BY home at 1674 Dylan Drive DISTRICT 2— CONSENT KEMPSVILLE G.5. EMMANUEL B.PLATON/METRO APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y HOLDINGS,LLC for a CUP re automotive CONDITIONED,BY repair garage at 5044 Cleveland Street CONSENT DISTRICT 4—BAYSIDE G.6. LORNA C.DONATONE,QPRT AND APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SCOTT&KATIIERINE MORIN for a CONDITIONED,BY CUP re community boat dock at 1421 & CONSENT 1423 Blue Heron Road DISTRICT 5— LYNNHAVEN G.7. INKCREDIBLE TATTOO,LLC/DAM APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y NECK CROSSING,LLC for a CUP re CONDITIONED,BY tattoo parlor at 1630 General Booth CONSENT Boulevard,Suite 112 DISTRICT 7— PRINCESS ANNE G.8. VOGUE LASHES&SPA/LASKIN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ROAD,LLC for a CUP re tattoo parlor at CONDITIONED,BY 993 Laskin Road DISTRICT 6—BEACH CONSENT G.9. HMC,LLC/MINH VUONG fora CUP re APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y short term rental at 4669 Merrimac Lane CONDITIONED,BY DISTRICT 4—BAYSIDE CONSENT G.10. EMILY PERDONCIN&DENNIS SMITH APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y for a CUP re short term rental at 2306 Oak CONDITIONED,BY Street DISTRICT 5—LYNNHAVEN CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/08/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDNOMOOL W 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN G.11. VACATION PROPERTIES,LLC/SEAN APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y &TIJUANA BELL for CUP re short term CONDITIONED,BY rentals at 304 28th Street: CONSENT a. Unit 310 b. Unit 311 DISTRICT—6 BEACH G.12. ALLEN PRINCE for CUP re short terms APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y rentals at 525 21'Street: CONDITIONED,BY a. Unit A CONSENT b. Unit B G.13. MISSION ENTERPRISES,LLC fora CUP APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y re short term rental at 517 Virginia Beach CONDITIONED,BY Boulevard DISTRICT 6—BEACH CONSENT G.14. JANET MARINO fora CUP re short term APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y rental at 951 Maryland Avenue DISTRICT 6 CONDITIONED,BY —BEACH CONSENT G.15. ARICA&MELVIN L.ATKINS,III for APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y CUP re short term rentals at 598 Pinewood CONDITIONED,BY Drive: CONSENT a. Unit 203 b. Unit 208 DISTRICT 6—BEACH G.16. TERI CHAMPION/AT SEA CABIN, WITHDRAWN LLC for a CUP re short-term rental at 323 PRIOR TO Norfolk Avenue DISTRICT 6—BEACH MEETING H. APPOINTMENTS RESCHEDULED BY CO N S E N S US 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/08/2020 PAGE: 3 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMOOL W 0 O C Y L NOUWS 0 T T HEE ES S EOOF T I R Y S S ERNDN BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Charles Guthrie Unexpired Term thru 6/30/2021+ 3 Year Term 7/1/2021-6/30/2024 HOUSING ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Thomas C.McKee (Multi-Family Home Builder) 4 Year Term 10/1/2020-9/30/2024 HUMAN RIGHTS COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Zakkiyya K. Anderson 3 Year Term 9/8/2020-8/31/2023 PUBLIC LIBRARY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Ellen E.Vinikoff Unexpired Term thru 8/31/2024 I/J/K ADJOURNMENT 6:52 PM