No preview available
HomeMy WebLinkAbout11-17-2020 FORMAL SESSION AGENDA CITY OF VI=-GINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL coIA.B c MAYOR ROBERT M. "BOBBY"DYER,At Large „ . `� 'S L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 `� JESSICA P.ABBOTT,Kempsville—District 2 F Z MICHAEL F.BERLUCCHI,Rose Hall—District 3 j C BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 •e` `,` ' JOHN D.MOSS,At Large '•, AARON R.ROUSE,At Large uR .• "` GUY K.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville—District I 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICK A.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALDD.AGNOR CITY COUNCIL AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDON S.REMIAS CITY CLERK—AMANDA BARNES November 17, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL/ SCHOOL BOARD VIRTUAL JOINT SESSION - Virginia Beach Convention Center- 2:00 PM A. FIVE YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist—Hampton Roads Planning District Commission (HRPDC) Kevin Chatellier, Director—Budget and Management Services Farrell Hanzaker, CFO—Virginia Beach City Public Schools II. CITY MANAGER'S BRIEFING - Virginia Beach Convention Center- 3:30 PM A. MOBILE PORTAL Chris Golding, Application Development Team Lead—Information Technology B. SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF KEMPSVILLE AND PRINCESS ANNE ROADS Elizabeth Chupik, Associate City Attorney III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Virginia Beach Convention Center - 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -Virginia Beach Convention Center- 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. ELECTRONIC ROLL CALL OF CITY COUNCIL E. MAYOR'S PRESENTATIONS 1. PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Chief Emeritus Lee Lockamy—Nansemond Indian Nation 2. RESOLUTION IN RECOGNITION Former Police Chief James A. Cervera F. BID OPENING 1. NON-EXCLUSIVE FRANCHISE USE—Telecommunication Services G. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Five (5)parking spaces located on the uppermost parking deck of the 31St Street Parking Garage to T-Mobile Northeast, LLC 2. LEASE OF CITY PROPERTY 420 square feet of the right-of-way located near the intersection of Atlantic and Pacific Avenues at the entrance of Oceanfront Marriott Hotel,to Oceanfront Investments,LLC re free-standing monument sign 3. NON-EXCLUSIVE FRANCHISE USE—Telecommunication Services SimIS Holdings,LLC H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years with T-Mobile Northeast,LLC for five (5)parking spaces at the 31 St Street Parking Garage re installing and maintaining antennas and radio equipment 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Use Agreement for up to five (5)years with Chick's Marina Properties,L.L.C. (a/k/a Chick's Oyster Bar) for the Non- Exclusive Use of 24 parking spaces located at the Lynnhaven Municipal Marina (13 spaces between 4 a.m. -4 p.m. & 24 spaces between 4 p.m. -4 a.m.) 3. Ordinance to AMEND Section 7 of Appendix J, Agricultural Reserve Program re eligibility criteria (Requested by Councilmember Henley)Deferred from November 10,2020 4. Ordinance to AMEND City Code Section 21-230 re inclusion of Kings Grant Road in the Traffic Calming Program 5. Resolution to ADOPT the City's 2021 Legislative Agenda 6. Resolution to SUPPORT the 2021 Legislative Agenda adopted by the Hampton Roads Planning District Commission (HRPDC) and REQUEST our General Assembly delegation support these measures 7. Resolution to DECLARE November 15- December 15, 2020 as Buy Local Month (Requested by Council Member Wooten) 8. Resolution to REQUEST the creation of a single mobile portal for City services and information (Requested by Council Member Rouse) 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Franchise Agreement for Valet Parking at Town Center re reduce operations to one (1)valet stand on Commerce Street and reduce annual fee to $12,500 10. Ordinance to APPROPRIATE $36,303,277 from the FY2019-20 School Reversion Funds to the Virginia Beach Public Schools FY2020-21 Operating Budget and Capital Improvement Program 11. Ordinances to ACCEPT and APPROPRIATE: a. $301,109 from Virginia Department of Housing and Community Development to FY2020- 21 Housing and Neighborhood Preservation Operating Budget re emergency housing programs b. $15,500 from Homeland Security to FY2020-21 Emergency Management Operating Budget re support for Virginia Beach Community Emergency Response Team (VBCERT)Program c. $125,500 from Homeland Security to FY2020-21 Fire Department Operating Budget re purchase materials and equipment for the Technical Rescue, Swiftwater Rescue, and Hazmat Programs 12. Ordinances to TRANSFER: a. $990,576 within the FY2020-21 Capital Improvement Program Budget, and ACCEPT and APPROPRIATE $187,000 from Virginia Aquarium Foundation to CIP#100435 "Virginia Aquarium Marine Animal Care Center"re construction completion and relocation to the new Animal Care Center b. $141,850 in Federal revenue from CIP #100424 "Traffic Safety Improvements III"to CIP #100481 "West Great Neck Road Sidewalk" and CIP #100212 "Independence Boulevard/Baxter Road Sidewalk" J. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum lot area at Shell Road between 1412 Duck Run Court and 5145 Shell Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. DONALD H. & DIANE F. HORSLEY for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum 150-foot lot width and 120-foot street line frontage requirements at 3340 Ives Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. RUTH B. WILSON for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum upland acreage requirement for lot area at 865&877 Sandbridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. HAL J. & DEBORAH WOOLARD for a Street Closure re 15-foot-wide platted, unnamed, and unimproved alley, totaling 375 square feet adjacent to 833 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JON S. & DEANA M. HESS for a Street Closure re 15-foot-wide platted, unnamed, and unimproved alley, totaling 375 square feet adjacent to 837 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. LATIFAH PRIVOTT/ ANTHONY PRIVOTT for a Conditional Use Permit re family day- care home at 4494 Cherrywood Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 7. VALVOLINE INSTANT OIL CHANGE/ JOHN & RITA NINOS for a Conditional Use Permit re automobile service station at 5101 Virginia Beach Boulevard DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 8. MCNEEL PROPERTIES/DARE ASSOCIATES for a Conditional Use Permit re automobile repair garage at 4901 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. ARROWFIT HUMAN PERFORMANCE, LLC/ISIS & ROBERT ARROWSMITH for a Conditional Use Permit re home occupation at 1209 Funnell Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. DALE WOODEN for a Conditional Use Permit re home occupation at 6336 Blackwater Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 11. LOUIS PERRIN for a Conditional Use Permit re residential kennel at 2121 Munden Point Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 12. GG PROPERTY MANAGEMENT, LLC/ REDELL LANE for a Conditional Use Permit re short term rental at 713 Northgate Court DISTRICT 3 —ROSE HALL RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 13. SHELLY ARNOLDI for a Conditional Use Permit re short term rental at 3921 Whopping Crane Circle DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 14. VALERIE TAYLOR for a Conditional Use Permit re short term rental at 3644 Britt Terrace DISTRICT 5 —LYNNHAYEN RECOMMENDATION: APPROVAL 15. SHELLEY GAIL DAGENHART for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue Unit 2B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. ANDREW KUTSCH GREGORY for a Conditional Use Permit re short term rental at 514 Pinewood Drive DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 17. SEAN REILLY for a Conditional Use Permit re short term rental at 604 23`d ''A Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. RED LION PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1009 Barclay Square DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 19. JUSTYCE SWANGO/ JASON & INDIA SWANGO JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 811 Delaware Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. LAWRENCE & SUZANNE OLESZKO for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue,Unit 117 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION CHESAPEAKE PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMI rthE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 ***************************** 1 The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL/SCHOOL BOARD VIRTUAL JOINT SESSION -Virginia Beach Convention Center- 2:00 PM A. FIVE YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist—Hampton Roads Planning District Commission (HRPDC) Kevin Chatellier, Director—Budget and Management Services Farrell Hanzaker, CFO—Virginia Beach City Public Schools II. CITY MANAGER'S BRIEFING - Virginia Beach Convention Center- 3:30 PM A. MOBILE PORTAL Chris Golding, Application Development Team Lead—Information Technology B. SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF KEMPSVILLE AND PRINCESS ANNE ROADS Elizabeth Chupik, Associate City Attorney III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Virginia Beach Convention Center- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Virginia Beach Convention Center - 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. ELECTRONIC ROLL CALL OF CITY COUNCIL E. MAYOR'S PRESENTATIONS 1. PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Chief Emeritus Lee Lockamy—Nansemond Indian Nation 2. RESOLUTION IN RECOGNITION Former Police Chief James A. Cervera 0N1A, C moo,; a.ey:' 4 vy ri rs�3.ar N�4of DUq ,... Proclamation Whereas Native Americans have utilized the abundance of natural resources in 'Virginia and Virginia Beach for over 15,000 years;and Whereas Significant archaeological sites have been found in `Virginia Beach that reveal the details of Native American life here;and Whereas 'Ihe Chesapeake Indian'Tribe resided in village settlements in'Virginia Beach at the time of or just prior to the early se enteenth century arrival of permanent English colonists in the region;and Wherear Native Americans assisted the English colonists in their survival.in the'Virginia environment;and "Where= 'Members of the 5'ansemond Indian _Vation moved eastward settling in areas that included 'Virginia Beach;and Wiier= 'The Commonwealth of'Virginia is home to 11 state-recognized Indian tribes and officially recognized the Nansemond Indian Nation in 1985;and 44 ereac 'The'United-States ofAmerica officially recognized the Nansemond Indian Nation in 2018;and Wheseas Members of the Nansemond Indian Nation continue to 6e vital members of the community in 'Virginia Beach today;and Wherear Chief'Emeritus Lee Lockgniy is a resident of the City of Virginia Beach;and Whereas November was first declared as Native American Heritage f%foath in the •United States of America in 1990;and Whereas 'The Commonwealth of'Virginia has commemorated November as Native American Heritage Month since 1996;and Wiherear 'The Commonwealth of `Virginia has recognized the 'Wednesday immediately preceding '1Tan,jgnang as a Native American Indian(Day of Appreciation;and Whereas Native American Heritage!Month is an opportunity to celebrate the American Indians who calf 'Virginia Beach home, whose abilities and contributions strengthen our economy, enrich Virginia Beach's diverse culture,and invigorate Virginia Beach's communities. NowRfinrfore,I Risiben M.(Dyer,!Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Arovemf er 2020 Native American gferitage Month I further proclaim November 25, 2020 American Indian Day of Appreciation In Virginia Beach, and furthermore call upon the citizens,government agencies,public and private institutions, businesses and schools in 'Virginia Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. In Witness 4YXasof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, 'Virginia,to 6e affiKed this tenth day of November 2020. =; ,,' -'1"3.,t...0)4-e--c....1 R{p6en;M. 'Bo66y"+Dyer .- ;Mayor 0.11A Bt io Oy1'—,-:_ yLi i • i RESOLUTION WHEREAS:James A.Cervera has dedicated his life to public service and public safety,and we recognize his tireless commitment; WHEREAS:He was sworn in with the Virginia Beach Police Department on July 1,1978; WHEREAS:He had numerous assignments with the Police Department including SWAT Team Leader,Labor Day Task Force, Professional Development&Training, Chiefs Staff;Commanding Officer of the 2nd Precinct,and Deputy Chief of Operations& Investigative Divisions; WHEREAS:He was sworn in as Chief of Police on September 1,2010; WHEREAS:He established significant programs and policies in the Police Department including the first Community Policing grants, CompStat(formerly known as STARS)policing accountability and crime reduction program,Human Rights Commission LGBTQ Liaison, AEDs/naloxone/and tourniquets for all patrol, West Point Leadership (now IACP Leadership in Police Organizations)for supervisory stag; VBPD Citizens, Senior Citizens& Youth Police Academies, Cadet Challenge Program, and Project Lifesaver; WHEREAS:After the May 31&Shooting, he led the Police Department and represented the City through an unprecedented tragedy,providing immeasurable contributions in the form of fielding the media while respecting the victims, victim's families,and all those impacted by the tragedy,as well as facilitating care and attention for the officers involved.His leadership during this time was vitally important for the City's perseverance and is recognized throughout our community; WHEREAS.He was a member ofFEMA VA Task Force 2 Team that responded to the Pentagon in 2001; WHEREAS:He was appointed to Governor Terry McAuli6e's Prescription Drug&Heroin Abuse Task Force in 2014; WHEREAS:He continued his public service by serving as a Major Cities Chiefs Association Board Member, 'Policing Fellow"with the National Police Foundation, Chesapeake Bay Alcohol Safety Action Program(ASAP)Board Member,and Virginia Criminal Justice Services Board Committee member; WHEREAS:He achieved numerous educational successes including a Bachelor's Degree in Criminal Justice(Saint Leo University), Master's Degree in Public Administration (Old Dominion University), FBI National Academy Session 171, Police Executive Leadership School(University of Richmond), University of Virginia's Senior Executive Institute,Senior Management Program in Policing(Boston University)and National Executive Institute; WHEREAS:He is the recipient of numerous awards, to include:Employee Hall of Fame(2017), Human Rights Commission's Inaugural Human Rights Award(1994), Proclamation by former Governor Gilmore for efforts in community policing(1991), Department of Army Award of Recognition(2001),LEAD Hampton Roads Class of 2002 Exemplary Leadership Award,LEAD Board Partnership Excellence Award(2005),and Wesley Award-Virginia Wesleyan University(2019); WHEREAS:On this day, we honor a public servant whose leadership and commitment to public safety has immensely benefited the City; NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to JAMES A. CERVERA for his outstanding contributions to our City and our Police Department. Given under our hands this 17th day ofNovembe�r 2020., r, Council Mem rJessica P.A66ott Counci(914em6er Michael F.Berfucchi ouncifMem6er Barbara M.7fe ‘44"<lek*--"'"•-- Councz131em6 Louis`R:Jones ncif11em6 John D.Moss Cou cif Wernher Aaro '.Rouse 1 I Counci Wernher Guy R,To: Council Mem6 osemary Wi(son Co cifM e Sa6tina(D.'Wooten ._4ii f ayor James G Wood Mayor 12,o ert M. "Bo °Dyer F. BID OPENING 1. NON-EXCLUSIVE FRANCHISE USE—Telecommunication Services , , , , tNUY; i a 'y } ,ii t•i,.......,T _._E• N,.&SL86;, REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY The City of Virginia Beach has received a proposal for a non-exclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing and maintaining network facilities for telecommunications services within and through the City. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed franchise agreement, may be obtained by calling the Department of Information Technology at (757) 385- 1381. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held on November 17,2020 at 6:00 p.m.,at the Virginia Beach Convention Center,Suite 5, located at 1000 19th Street, Virginia Beach, Virginia and after reading of the bids,the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, NOVEMBER 13, 2020,AT 5:00 P.M. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at jrttos l/vboov webex com/vbgov/o frstaae/a.oho?MT I D=e8f7d58864 8639ae331d52e3h4332aa51 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 November 17, 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: 11/01/20 and 11/08/20 G. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Five (5)parking spaces located on the uppermost parking deck of the 31' Street Parking Garage to T-Mobile Northeast, LLC 2. LEASE OF CITY PROPERTY 420 square feet of the right-of-way located near the intersection of Atlantic and Pacific Avenues at the entrance of Oceanfront Marriott Hotel,to Oceanfront Investments, LLC re free-standing monument sign 3. NON-EXCLUSIVE FRANCHISE USE—Telecommunication Services SimIS Holdings, LLC f{{fQ o 5Cy a ;Q- .� t 2G4p ,,..... V^IV PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City- owned property on Tuesday, November 17, 2020, at 6.'00 p.m. in the Virginia Beach Convention Center, Suite 5, 1000 191° Street, Virginia Beach,Virginia.The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property to T-Mobile Northwest LLC Five (5) parking spaces located on the uppermost parking deck of the 31•, Street Parking Garage (GPINs: 2428-02-5017 and 2824-01-5951) for the purpose of installing and maintaining antennas and radio equipment If you are physically disabled or visually impaired and need0/1(12 assistance at this meeting, please call the City Clerk's Office at 385-4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Strategic Growth Area-Parking Management Office,4525 Main Street, Suite 710, Virginia Beach, VA 23462, (757) 385-2900, hFn y4VtI,g,_v,_c,cn, If you wish to make comments virtually during the public hearing, please follow the two- step process provided below: 1. Register for the WebEx at httos//vhgnv webex.corrt /vhgpv/onstage/e ohn'M TID=e8f7d588648639ae 94td2P4b4142aa53. 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 November 17,2020. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON:NOVEMBER 8,2020 Nu ba ,l1, �•r"�sc.a°°R P. •Vf.4 „„ PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, November 17,2020,at 6::00 p.m.in the Virginia Beach Convention Center,Suite 5, 1000 19Th Street, Virginia Beach. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property to Oceanfront Investments,LLC: Approx.420 sq.ft.of the City's right-of- way, located near the intersection of Atlantic and Pacific Avenues, for the purpose of erecting a free-standing monument sign at the entrance of the Oceanfront Marriott Hotel (4201 Atlantic Avenue). If you are physically disabled or visually Impaired and need assistance at this meeting,please call the City Cleric's Office at 385-4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Dept.of Public Works - Real Estate Division, (757) 385-4161,pwrealestate@vbgpv.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos//vbgov wehexconVvhenv/o nstage/g oho"MTID=efIf7r1511R64R fi39ae331 r152e3b4B3?aa53 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 November 17, 2020. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON:NOVEMBER 8,2020 CITY OF VIRGIN, IA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Ground Lease for Approximately 420 Sq. Ft. of City Right-of-Way Known as Atlantic Avenue for the Placement of the Oceanside Marriott Hotel Monument Sign PUBLIC HEARING DATE: November 17, 2020 MEETING DATE: December 1 , 2020 • Background: Oceanfront Investment, LLC, a Virginia limited liability company (the "Developer") is constructing a hotel near the intersection of Atlantic and Pacific Avenues, south of 42nd Street (the "Oceanside Marriott"). The Oceanside Marriott is part of a larger development undertaken by the Developer and its affiliates at the historic Cavalier Hotel. As part of the development of the historic Cavalier Hotel and the Oceanside Marriott, Atlantic Avenue is being reconfigured to end in a cul-de-sac north of 40th Street. The remaining portion of the Atlantic Avenue right-of-way located north of the new cul-de- sac will now only be utilized as a park, pedestrian path and extended entrance way to the Oceanside Marriott (the "Park Area") with no vehicular traffic through to Pacific Avenue. The Developer and the City have entered into an encroachment agreement for the purpose of installing pavers, landscaping and lighting within the Park Area. The Developer desires to install a monument sign (the "Monument Sign") near the entrance way to the Oceanside Marriot as more specifically shown on Exhibit A attached to the Ordinance. To conform to the City's ordinances, the Developer proposes to lease from the City approximately 420 sq. ft. surrounding the Monument Sign and extending east to the property line of the Oceanside Marriott (the "Premises"). The Premises is to be improved by Developer pursuant to site plans approved by the City. The location of the Monument Sign will not interfere with vehicular traffic along Atlantic Avenue, Pacific Avenue or any other right-of-way. • Considerations: The lease would be for a period not to exceed five years, with an annual lease payment of $1.00. The City would have the right to terminate the lease with 60 days' notice to the Developer. The terms and conditions of the lease are set forth in the Summary of Terns attached to the Ordinance as Exhibit B. • Public Information: A public hearing will be advertised on November 8, 2020 in The Virginian-Pilot. The public hearing will be held on November 17, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the lease, change conditions of the lease, or deny leasing the Premises. • Recommendations: Approval • Attachments: Ordinance Location Map (Exhibit A) Summary of Terms (Exhibit B) Disclosure Statement Form Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works / Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A GROUND LEASE 3 FOR APPROXIMATELY 420 SQ. FT. OF CITY 4 RIGHT-OF-WAY KNOWN AS ATLANTIC AVENUE 5 FOR THE PLACEMENT OF THE OCEANSIDE 6 MARRIOTT HOTEL MONUMENT SIGN 7 8 WHEREAS, Oceanfront Investment, LLC, a Virginia limited liability company (the 9 "Developer") is constructing a hotel near the intersection of Atlantic and Pacific 10 Avenues, south of 42nd Street (the "Oceanside Marriott"); 11 12 WHEREAS, the Atlantic Avenue right-of-way is being reconfigured to end in a 13 cul-de-sac north of 40th Street and will no longer intersect with Pacific Avenue; 14 15 WHEREAS, the portion of the Atlantic Avenue right-of-way located north of the 16 new cul-de-sac will now only be utilized as a park, pedestrian path and an extended 17 entrance way to the Oceanside Marriott (the "Park Area"); 18 19 WHEREAS, the remaining portion of the Atlantic Avenue right-of-way located 20 north of the new cul-de-sac that previously intersected with Pacific Avenue will now only 21 be utilized as a park, pedestrian path and extended entrance way to the Oceanside 22 Marriott (the "Park Area"); 23 24 WHEREAS, the Developer and the City have entered into an encroachment 25 agreement for the purpose of installing pavers, landscaping and lighting within the Park 26 Area; 27 28 WHEREAS, the Developer desires to install a monument sign (the "Monument 29 Sign") near the extended entrance way to the Oceanside Marriot as more specifically 30 shown on the location map attached hereto as Exhibit A; 31 32 WHEREAS, the Developer initially applied for an encroachment; however, in 33 order to comply with the City's ordinances, the Developer would need to enter into a 34 lease agreement with the City for approximately 420 sq. ft. of land surrounding the 35 Monument Sign and extending east to the property line of the Oceanside Marriott (the 36 "Premises"); and 37 38 WHEREAS, City staff supports leasing the Premises to the Developer on the 39 terms and conditions set forth in the Summary of Terms attached hereto as Exhibit B. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That the City Manager, or his authorized designee, is hereby authorized to 45 execute a lease between the Developer and the City for a term not to exceed five (5) 46 years, in accordance with the Summary of Terms attached hereto as Exhibit B and 47 made a part hereof, and such other terms, conditions and modification as may be 48 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 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 - Public Work'/ Facilities Management City Attorney CA14874 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d004\p035\00680397.doc R-1 November 6, 2020 "' r... t,, ^ I •.#:•:•: 1 1 N 17°40'15"W 101.04' hp J : iISUBDIVISION OF • ' :: PARCEL 1 v ^ . '1.....:11' PROPERTY OF Wm ° N OCEANFRONT N a m c o _- . y • INVESTMENTS, LLC , l:N A �° N (IN. 200507210112271) ✓ O ,� �' Nov (I.N. 20161216001140890) 6. tt p \• \ RLFtt' TO EXISTING ENCROACHMENT Q N 0 s•vi4 AGREEMENT (I.N. 20200526000442300) FOR PROPOSED CURBING, PAVERS, STONE .f •n p Z - -. 11 s N 0 BANDING, LIGHTING, LANDSCAPING, h h :• N I' IRRIGATION, AND PRIVATE WATER LINES ▪ h ;Zti 76°21'13"E • i' m � � 79.41 R=255.00' 1 .:.•v 6.4'\-.• _11 • =06°15'S� o a.••ti' .# A=27.88' '� :N 13.38'47'V..."� 4 _.__ l '', R=255.00' ce 5.00':.••r �� �► • =25°59'39 1 :_ � A=115.69 L 3.6' ;: 5.0' ; !�; �! `� �I �, R=255.00 S 76°21'13"W .; 0=02°18'09' R=255.0O' • I '.. 88.35' •i' A=10.25' =17°25'36' \ _ PROPOSED FREE 1 STANO%NG' Ili y A ' =77.5s NUMENT SIGN (8' TALL x• i 53.9 AREA OF ' N /6.. 14' LONG x 1.5' WOE) LEASED ell'"•E► '9w N 0 N eaN I I PREMISES � _ e /* _(4 .) tt 1,�"eli0 e.p ___-_____,„_ ---------, ......za ,a1 , ... 4:-.....11L --i -i 4:. h. • 0, - Nf,5'10'E R=153.50' l� �� RIC . RNER►.. 1 3 9.9'� A=50.40'14' �..�, LiC. 2904 Ow A=149.15' �� 1. 11/02/2020 ,� z- a -c C % OF VIRGINIA BEACH O N. , -.i. n 9 O o PARCEL A-1 I--, �--{ suBsi 5 I z N.206 ,72101112273) GRAPHIC �L' 'IN: 2 18-95-5753 SCALE 1%.25' LEASED PREMISES EXHIBIT OCEANFRONT INVESTMENTS, LLC T -= — EXHIBIT A MIIIIIIIIMILi I - Landscape Architecture Land Surveying date: 11/02/2020 I fb/pg.: 997/38-47, 1001/1-2 proj. no.: 214-0001 Civil Engineering Isite.com 757.431.1041 21 MbT1W6 AWW Si a4088756c8.7 eFlio�wI s11t file: 217-0074_Encr(Sign).dwg I plot ref.: C-149 CAD/chk: eag/eag EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Oceanfront Investments, LLC (the "Developer") PREMISES: Approximately 420 sq. ft. of right-of-way, located near the intersection of Atlantic and Pacific Avenues, adjacent to the Oceanside Marriott Hotel at 4201 Atlantic Avenue TERM: Five (5) years RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF DEVELOPER: • Use the Premises for the installation and maintenance of a monument sign, and associated or incidental structure, appropriate lighting, and landscaping (the "Improvements"), and for no other purpose. • Be responsible, at no cost to the City, to make or pay for any changes, alternation, additions or improvements to the Premises and Improvements. • Repair or replace any damage to or destruction of the Improvements, or remove the Improvements from the Premises, at its sole cost and expense. • Obtain all applicable governmental approvals and/or permits required for the Improvements. • Purchase and maintain public liability insurance acceptable to City in the amount of $1,000,000 combined single limits. • Indemnify the City, its agents, employees or assigns, against any and all claims, liabilities, damage, and losses occurring on or about the Premises. • Pay all personal property and leasehold taxes, if applicable. • Return the Premises to its original conditions, at its sole cost and expense, at the request of the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City reserves the right to grant easements and rights-of-way across or upon the Premises, for, drainage, utilities, telephone transmission lines, pipelines, and similar purposes. • Maintain the right to enter upon and inspect the Premises at any time. TERMINATION: • City may terminate the Lease with sixty (60) days' advance written notice in the event the Premises is needed for any public purpose. Developer may terminate the Lease at any time with thirty (30) days' written notice. IB Virginia Beach Oceanfront Investments, LLC APPLICANT'S NAME 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 • 6 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. ...........-_ _—;t----- • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All oisclosures must be updated rvo(2)weeks prior to any Page 1 of 7 Plannlrg Commission and City Council meetin that ertains to the a lication(sl. 0 APPUCANT NOTIFIED OF HEARING DATE: 0 NO CHANCES AS OF DATE. (n REVISIONS SUBMITTED DATE: _ 11/6/20_ Vg Or Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. l Y l Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization_ 1`organization. j (A) List the Applicant's name:— �'rlj�,,,�'� 1yV67:)3/484 7j LL If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyif property owner is cljfferent from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. I v l 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: 00an'rl_'°111_ If an LLC, list the member's names: Page 2of7 01) Virginia Reach if a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) 4 it .6yt); 1 )(Ltce 1,• 114ftro✓) Javhes IN. Pe+d ciOkti &&ov?, M ' 2 V ►w1444 rti9th11 11111011111111101011* 7 �. ivye, Jr (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act,Va. Code § 2.2-3101. a 'Affiliated business entity relationship' means 'a relationship, other than parent•subsidlary 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 (lilt 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 applicatiort 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 7/i :11/4B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets Ifl needed) n ® Accounting and/or preparer of your tax return 0 Architect/Landscape Architect/ oJ?L t 'ivi I E 1 ,165viv) Land Planner EIA tAili(Scta,e Atehif ee{ui'e Contract Purchaser(if other than El Eithe Aunlicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ (�7( purchaser of the subject property IKU�i (identify purchaser(s)and • purchaser's service providers) 0 i 0 Construction Contractors W • Jp✓z(ai, CO•. Engineers/Surveyors/Agents J 2t &iVi t jh-( .hp Financing(include currentLI Ca' l� mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) J la ,n-- Legal Services TrOd'Mav /PZ f 1 p c r g`,R/ Real Estate Brokers/ F f // 2D CI Er Agents/Realtors for current and / / / ll anticipated future sales of the subject property 4 e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 54 in 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 t ry ✓ 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. .j) ( IZI9W f M. 144M4Cv0{ 114.►1 APPUCAN7'S S GNATURE PRINT NAME DATE AI Page 5 of 7 c/� f•3rr, sss NOTICE OF PUBLIC HEARING On November 17,2020,at 600 p.m.,at the Virginia Beach Convention Center, Suite 5, located at 1000 19Th Street, Virginia Beach,Virginia,the Virginia Beach City Council will hold a public hearing concerning the request of SimIS Holdings, LLC, to be granted a nonexclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing. installing, and maintaining network facilities for communications services. Any questions concerning this matter should be directed to the Department of Information Technology at 385-1381. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call MD 711(TDD-Telephone Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: flttns//vbeov.webex com/vbgpv/o Jvstage//,oho?MTID=eRf7d5RR64R plgaP331 d57elh4112aahf 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 November 17, 2020. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON:NOVEMBER 8,2020 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Operate and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of-Way to SimIS Holdings, LLC PUBLIC HEARING: November 17, 2020 MEETING DATE: December 1, 2020 ■ Background: SimIS Holdings, LLC, a Virginia limited liability company ("SimIS"), builds and operates fiber networks and related communication services. SimIS desires to enter into a nonexclusive franchise agreement (the "Franchise") with the City of Virginia Beach (the "City") for the use of the City's public streets and rights-of-way. The Franchise would allow SimIS to install, operate and maintain a fiber optic cable for the purpose of connecting to its data center/cable landing station at Corporate Landing Business Park. SimIS is simultaneously seeking to purchase property from the Virginia Beach Development Authority at Corporate Landing Business Park located at1632 Corporate Landing Parkway. • Considerations: The term of the Franchise would be twenty (20) years. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the Ordinance. ■ Public Information: Solicitation for bids was advertised on November 1, 2020 and on November 8, 2020, as required by Virginia Code §15.2-2101. The public hearing was advertised on November 8, 2020, as required by Virginia Code §15.2-1800. The bid opening and public hearing are scheduled for November 17, 2020. The vote will be scheduled for December 1, 2020 and will be advertised via the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption of Ordinance Submitting Department: Information Technology?\ 'iJ City Manager: 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, OPERATE AND 3 MAINTAIN NETWORK FACILITIES FOR 4 TELECOMMUNICATION SERVICES IN THE 5 CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY TO SIMIS HOLDINGS, LLC (SIMIS) 7 8 WHEREAS, SimIS Holdings, LLC, a Virginia limited liability company 9 ("SimIS"), builds and operates fiber networks and related communication 10 services; 11 12 WHEREAS, SimIS desires to enter into a nonexclusive franchise 13 agreement (the "Franchise") with the City of Virginia Beach (the "City") to use 14 and occupy the City's public streets and rights-of-way; 15 16 WHEREAS, the Franchise would allow SimIS to install, operate and 17 maintain a fiber optic cable for the purpose of connecting to a data center/ 18 cable landing center in Corporate Landing; 19 20 WHEREAS, SimIS is simultaneously seeking to purchase property from 21 Virginia Beach Development Authority at Corporate Landing Business Park 22 known as 1632 Corporate Landing Parkway; and 23 24 WHEREAS, City staff supports allowing SimIS to use the City's public 25 streets and rights-of-way for the aforesaid purposes, subject to the terms and 26 conditions set forth in the summary of terms attached hereto as Exhibit A, and 27 made a part hereof(the "Summary of Terms"). 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby authorizes the City Manager to execute the 33 Franchise with SimIS for 20 years, in accordance with the Summary of Terms 34 attached hereto as Exhibit A, and made a part hereof, and such other terms, 35 conditions or modifications, as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 2020. APPR� AS TO CONTENT: APPROVED AS TO LEG L -�`— �,L./- - SUFFICEN INFO]711? ON TECHNOLOGY CITY ATTOR -- CA15189 \\vbgov.com\dfs 1\app6 cations\cityiaw\cycom 32\wpdocs\d001\p032100671732.docx R-1 November 5, 2020 EXHIBIT A SUMMARY OF TERMS Franchisor: City of Virginia Beach (the "City") Franchisee: SimIS Holdings, LLC, a Virginia limited liability company ("SimIS") Term: 20 years Location: SimIS may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: SimIS shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the franchise, SimIS must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: SimIS shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of$5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: SimIS shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. Nondiscrimination: The franchise agreement shall include the City's standard provisions, including good faith minority business efforts required by City Code. Disclosure Statement \413 City of Virginia Bauch Planning &Community Development 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. 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 City board,commission or other body. Applicant Disclosure Applicant Name f MI S HOLD I N Gs, 1-L C. Does the applicant have a representative? ❑ Yes '5(NO • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) b 1k • "O t 'WU G► , ) I C. lj o JJ G mARC LciSi•ty\NN , MARc RvscN &CIG • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) S IMI Emc , � t f4K 1 k=lgrA L.L. 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. lii . e Disclosure Statement AB i'iJy q(1'iyinin Bash Planning & Community Development Known Interest by Public Official or Employee 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? ❑ Yes IX No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 'No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑ Yes le No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes X No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 'No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes XNo • If yes,identify the purchaser and purchaser's service providers. 21 Disclosure Statement Vii City of Virginia Bauth .,s, a? ._ ,, ,;ti Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes X No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?/iz Yes ❑ No • If yes,identify the engineer/surveyor/agent. E PRE- C -FCC H&j ° LOGlCc/ it id:. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. B R.UCc C . ;liQt5 i) e5f; Applicant Signature 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 meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bo• • mmittee in connection with this application. / ......_. i Applica : ature D1V J OHNNy G11 etc 'A / 13A s- ti e 1j i Print Name and Title /cam/ 2- 2./ 1 G 7-c) Date Is the applicant also the owner of the subject property? 0 Yes 0 No Nil • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date 1 Signature Print Name t 3I H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five(5)years with T-Mobile Northeast, LLC for five (5)parking spaces at the 31 st Street Parking Garage re installing and maintaining antennas and radio equipment 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Use Agreement for up to five (5)years with Chick's Marina Properties,L.L.C. (a/k/a Chick's Oyster Bar) for the Non- Exclusive Use of 24 parking spaces located at the Lynnhaven Municipal Marina(13 spaces between 4 a.m. -4 p.m. & 24 spaces between 4 p.m. -4 a.m.) 3. Ordinance to AMEND Section 7 of Appendix J, Agricultural Reserve Program re eligibility criteria(Requested by Councilmember Henley)Deferred from November 10, 2020 4. Ordinance to AMEND City Code Section 21-230 re inclusion of Kings Grant Road in the Traffic Calming Program 5. Resolution to ADOPT the City's 2021 Legislative Agenda 6. Resolution to SUPPORT the 2021 Legislative Agenda adopted by the Hampton Roads Planning District Commission (HRPDC) and REQUEST our General Assembly delegation support these measures 7. Resolution to DECLARE November 15-December 15, 2020 as Buy Local Month (Requested by Council Member Wooten) 8. Resolution to REQUEST the creation of a single mobile portal for City services and information (Requested by Council Member Rouse) 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Franchise Agreement for Valet Parking at Town Center re reduce operations to one (1)valet stand on Commerce Street and reduce annual fee to $12,500 10. Ordinance to APPROPRIATE $36,303,277 from the FY2019-20 School Reversion Funds to the Virginia Beach Public Schools FY2020-21 Operating Budget and Capital Improvement Program 11. Ordinances to ACCEPT and APPROPRIATE: a. $301,109 from Virginia Department of Housing and Community Development to FY2020- 21 Housing and Neighborhood Preservation Operating Budget re emergency housing programs b. $15,500 from Homeland Security to FY2020-21 Emergency Management Operating Budget re support for Virginia Beach Community Emergency Response Team (VBCERT) Program c. $125,500 from Homeland Security to FY2020-21 Fire Department Operating Budget re purchase materials and equipment for the Technical Rescue, Swiftwater Rescue, and Hazmat Programs 12. Ordinances to TRANSFER: a. $990,576 within the FY2020-21 Capital Improvement Program Budget, and ACCEPT and APPROPRIATE $187,000 from Virginia Aquarium Foundation to CIP #100435 "Virginia Aquarium Marine Animal Care Center" re construction completion and relocation to the new Animal Care Center b. $141,850 in Federal revenue from CIP #100424 "Traffic Safety Improvements III"to CIP #100481 "West Great Neck Road Sidewalk" and CIP #100212 "Independence Boulevard/Baxter Road Sidewalk" 40°mac' _ •� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years With T-Mobile Northeast, LLC for 5 Parking Spaces at the 31st Street Parking Garage PUBLIC HEARING DATE: November 17, 2020 MEETING DATE: November 17, 2020 • Background: The City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority jointly own the condominium property known as the 31st Street Parking Garage (the "Parking Garage"). The 31st Street Parking Garage Condominium Owners Association (the "Association") is responsible for administering the affairs of the Parking Garage. T-Mobile Northeast LLC, a Delaware limited liability company ("T-Mobile") has been using 5 parking spaces (the "Premises") on the uppermost level of the Parking Garage on a short-term basis since August 1, 2018. T-Mobile uses the Premises for the purposes of installing and maintaining antennas and radio equipment to enhance wireless communication at the Oceanfront. T-Mobile has paid $18,000 annually for the use of the Premises. The Association enters into short-term agreements for use of parking spaces in the Parking Garage but seeks formal approval of City Council should a long-term arrangement be requested. T-Mobile desires to enter into a formal lease agreement for the use of the Premises for up to five years. • Considerations: The services provided by T-Mobile will benefit the citizens of the City. Staff supports leasing the Premises and has determined that T-Mobile's use of the Premises does not interfere with or adversely affect the public's use of the Parking Garage. T-Mobile has agreed to pay $18,000 per year for the lease of the Premises. The terms and conditions of the lease are set forth in the Summary of Terms attached to the Ordinance. • Public Information: A public hearing will be advertised on November 8, 2020 in The Virginian-Pilot. The public hearing will be held on November 17, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the lease, change conditions of the lease, or deny leasing the Premises. ■ Recommendations: Approval • Attachments: Ordinance Summary of Terms Location map Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area - Parking Management Office ie City Manager: 11,1 ,p 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS 3 WITH T-MOBILE NORTHEAST, LLC FOR 5 PARKING 4 SPACES AT THE 31ST STREET PARKING GARAGE 5 6 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach 7 Development Authority jointly own the condominium known as the 31st Street Parking 8 Garage (GPINs: 2428-02-5017 and 2824-01-5951) (the "Parking Garage"); 9 10 WHEREAS, the 31st Street Parking Garage Condominium Owners Association 11 (the "Association") is responsible for administering the affairs of the Parking Garage; 12 13 WHEREAS, T-Mobile Northeast LLC, a Delaware limited liability company ("T- 14 Mobile") has been using 5 parking spaces (the "Premises") on the uppermost level of the 15 Parking Garage on a short-term basis since August 1, 2018; 16 17 WHEREAS, T-Mobile is using the Premises for the purposes of installing and 18 maintaining antennas and radio equipment to enhance wireless communication in the 19 City; 20 21 WHEREAS, T-Mobile desires to enter into a formal lease agreement for the use of 22 the Premises for up to five years; and 23 24 WHEREAS, City staff supports leasing the Premises for the stated purpose as the 25 services provided by T-Mobile will benefit the citizens of the City and will not adversely 26 affect the public's use of the Parking Garage. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager or his designee, as the Association's Executive Officer, is 32 hereby authorized to execute a lease for up to five (5) years between the Association 33 and T-Mobile for the Premises, in accordance with the Summary of Terms attached 34 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 35 modifications as may be acceptable to the City Manager and in a form deemed 36 satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 39 , 2020. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AgD FORM A City Attorney SGA/Par ing an gement CA14871 \\vbgov.comldts l\applications\citylaw\cycom32\wpdocs'd0201p036\00676249.doc R-1 November 5, 2020 EXHIBIT A SUMMARY OF TERMS LESSOR: 31st Street Parking Garage Condominium Owners Association (Condominium Unit Owners: City of Virginia Beach and City of Virginia Beach Development Authority) LESSEE: T-Mobile Northeast LLC, a Delaware limited liability company, authorized to transact business in Virginia PREMISES: Five (5) Parking Space located on the uppermost deck of the 31st Street Parking Garage (GPINs: 2428-02-5017 and 2824-01-5951) TERM: Five (5) Years (December 1 , 2020 — November 30, 2025) RENT: $18,000 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for installation and maintenance of antennas and radio equipment, and for no other purpose. • Lessee shall comply with all federal, state and local statutes, ordinances and regulations currently in affect or subsequently adopted. • Lessee shall maintain commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). • Lessee shall assume responsibility and liability for any loss or damage resulting from the use of the Premises and shall hold the Lessor harmless for such loss or damage and any related claims. TERMINATION: • Either party may terminate the lease by giving sixty (60) days' written notice. LOCATION MAP LASKIN RD (6•R/o PROPOSsun I, 1-(gr12I INIC tCODC 4/(1)1-aAr s r Ma EDt (E) PaoPcatr ►IlPROM \\• 1E43' N IL(AREA _ ENEM w WURA REA[EPERS 1 lres IEAx AREA TO(oU ITC1011 _ ... _ 231.0. —_____ 1 1 I\•1'- - a I (3) �• ,„ i ` 1�1CtE PM.AKEIMA \ R-$ 14._ r �, NI PROPOSED MITUIN WWI X�STAR . hh • AIUO D TO DO R'S L'�' m 1 ` x msa ` sut 1 WNW a Oft 1 TEl 1•I. rlAw PAWN) "� - 1 nlaO®T-4,ONIf LOT - F.OU E1EM CONN II/NAN S. 1 \SIEII M1iOA, \ .•o, 1 -- -_ ____ ".# \ ; 'O-. I ----. I / ON PROPOSED NED NOWT t wr1 col 1 maw- sYr u m awl -. _--C111 1 I _ _�1r PROPOSED%N41.AArURA Y MI a In - _(Pemoved) YOUIT -' so /RAT 11831tbMf� Q --- ►wcs L V E 1 - -PROPENE)ea6wA1e11a1, -- �'�"�-wrr In 1 G.) E G1 wawa(or WAN us �- e 1 R7 i-- r LOT �.- RMt►AMEl3 Y/S]US OALCCK _ Lot13 d v (OCE P110'W= SOwmOKS - - i o. I —am mlwmp I _ -_ '(n PRROPERTY uE • - _ / ` ! 1 IWOMB(I)r PIC CO,IOtrt 1 I f/(I)I-]/r 4dt NON VW _ I 1 f & I r oaeUT FOR a NON -` I 111E am si**— t stmots TO ALPHA SECTOR _ _ FIN NIT OF SIP -- - I _' (E) 11OIT POE IL.00 a>M , 1 (P(P.) RAT-OOM t�11 --`II rAMCfl• - _ MY 10-01-s11 Pil�asD(,)r PVC aRwr 1 -- 6/(I}1-�7/�P trtt MID OA F- 1 I DI uSS I ATTAOED 10 11NL / ` _ _ - 1• I A APRA SECTOR g __ 2 space' iMaPoem..DE �• • `po� I ([L,� 1 _ FlROPO®OOMS11111CROM 1 i.\1 ` ) SiAPt TONF) 1 "MICE PAN rS 111 o3 1 N PAPyAMtDNA a.. l MICE PANELS r11 SWIM aca LOT 1 I 1 e "► I (removed) 1 - `j T IAMF1 AMRIIAA ri " ,1 w it)YOU T Per •iar� '. .. A ITC' __ - - -_-. _. - ssoo a(1)t re CO IN WI(I)1-3/V Mt MIND CAW a 30th ST (I)1.OOOtIT FOt R OWN U104110 Mt IN NE1o.m ATTADI D ON TOP O/ (0'RAN (E)PARAPET WIL TO ALPHA TECIOR Disclosure Statement153 (tc;t of iltryinkt Beath Planning & Community r Development. oje 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. 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 City board,commission or other body. Applicant Disclosure Applicant Name T-Mobile Does the applicant have a representative? KI Yes 0 No • If yes,list the name of the representative. FCI Towers, clo C. E. Forehand Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? KI Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) see attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) I"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. 11Page • Disclosure Statement Caty of 4uepm .Saws+ Planning &Communit Development Known Interest by Public Official or Employee 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? 0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes El No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes F.0 No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes gi No • If yes, identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. 21Page Disclosure Statement (lty of Vugirm Bead r, Planning & Community Development • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes El No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes J No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature 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 meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in c n with this appli ion. 07-7 Applicant Signature C F Forehand Agent —_ Print Name and Title 11-6-2020 Date Is the applicant also the owner of the subject property? ❑ Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3IPage 1- Mobile board of directors . Timotheus Hottges I Chairman of the Board Marcelo Claure Srikant M. Datar Srini Gopalan Lawrence H. Guffey Dr. Christian P. IIIek Stephen R. Kappes Raphael Kibler Thorsten Langheim Mike Sievert Teresa A. Taylor Kelvin R. Westbrook / 1� �,,, 1 1fo f ti'�f�i`1 f`k Y ,,,, „J. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Use Agreement for up to Five Years with Chick's Marina Properties, L.L.C. (a/k/a Chick's Oyster Bar) for the Non-Exclusive Use of 24 Parking Spaces Located at the Lynnhaven Municipal Marina PUBLIC HEARING DATE: October 20, 2020 MEETING DATE: November 17, 2020 • Background: The City of Virginia Beach (the "City") owns property located at 3211 Lynnhaven Drive (GPIN: 1489-98-2246), known as the Lynnhaven Municipal Marina (the "Marina Property"). Chick's Marina Properties, L.L.C., a Virginia limited liability company ("Chick's"), owns property located at 2143 Vista Circle (GPIN: 1489-88-9038), known as Chick's Oyster Bar, which is adjacent to the Marina Property. In 2014, while Chick's parking lot was being renovated, and in 2018, while the City performed bulkhead repairs, Chick's and the City entered into short-term parking agreements for Chick's use of parking spaces at the Marina Property. In May 2020, Chick's and the City entered into a temporary parking agreement for the use of 24 parking spaces, subject to availability, until a request for a formal agreement could be brought before City Council for consideration. Chick's desires to enter into a formal agreement with the City for the non-exclusive use of 24 parking spaces at the Marina Property (the "Use Agreement"), as shown on Exhibit A attached to the Ordinance. This item was originally part of the agenda for the City Council's October 6, 2020 formal meeting, but that meeting was cancelled at the recommendation of the Health Department. • Considerations: The Use Agreement would be for an initial term of 6 months (April 2021 through September 2021), with four additional 6-month renewal options (April through September each year thereafter), not to exceed 5 years. The Use Agreement would also include the option for Chick's to expand the initial term (and each renewal term) on a month-to-month basis during the off-season, with the mutual consent of the parties. Chick's has agreed to pay $50 per space, per month. Terms and conditions of the Use Agreement are more specifically set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. The use of the spaces will be non- exclusive and subject to availability. • Public Information: A public hearing will be advertised on October 11, 2020 in The Virginian-Pilot. The public hearing will be held on October , 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve as presented, modify the terms, or deny. • Recommendations: Approval • Attachments: Ordinance, Location Map (Exhibit A), Summary of Terms (Exhibit B), Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Parks & Recreation City Manager 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A USE AGREEMENT 3 FOR UP TO FIVE YEARS WITH CHICK'S 4 MARINA PROPERTIES, L.L.C. (A/K/A CHICK'S 5 OYSTER BAR) FOR THE NON-EXCLUSIVE 6 USE OF 24 PARKING SPACES LOCATED AT 7 THE LYNNHAVEN MUNICIPAL MARINA 8 9 WHEREAS, The City of Virginia Beach (the "City") owns property located at 3211 10 Lynnhaven Drive (GPIN: 1489-98-2246), known as the Lynnhaven Municipal Marina (the 11 "Marina Property"); 12 13 WHEREAS, Chick's Marina Properties, L.L.C., a Virginia limited liability company 14 ("Chick's"), owns property located at 2143 Vista Circle (GPIN: 1489-88-9038), known as 15 Chick's Oyster Bar, which is adjacent to the Marina Property; 16 17 WHEREAS, in 2014 and 2018, during various renovation and repair projects, 18 Chick's and the City entered into short-term parking agreements for Chick's use of parking 19 spaces at the Marina Property; 20 21 WHEREAS, Chick's desires to enter into a formal agreement with the City for the 22 non-exclusive use of 24 parking spaces at the Marina Property (the "Use Agreement"), 23 as shown on Exhibit A attached hereto and made a part hereof; 24 25 WHEREAS, the Use Agreement would be for a term of 6 months (April through 26 September), with the option to extend on a month-to-month basis during the off-season, 27 and would include 4 additional renewal options (April through September) on the mutual 28 agreement of the parties; and 29 30 WHEREAS, the terms and conditions of the Use Agreement are more specifically 31 set forth in the Summary of Terms, attached hereto as Exhibit B and made a part hereof. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager, or his designee, is hereby authorized to execute a Use 37 Agreement with Chick's Marina Properties, LLC, a Virginia limited liability company, for 38 the non-exclusive use of 24 parking spaces located at the Lynnhaven Municipal Marina 39 as shown on Exhibit A, attached hereto and made a part hereof, so long as the terms and 40 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit B, 41 and made a part hereof, and such other terms, conditions or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 45 , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pa s & ecreation City Attorney CA14867 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d017\p032\00591244.doc R-1 September 25, 2020 ' EXHIBIT A �.§ ! sP.-,Y 'tom - - Use'Pal a iE�~` s s N n�xct;sine t)s • i irk' L3`paces __ ry - 1 Q $ - use packing - i ehicK'sNonfXc,�y ve I.).spaces _ • gS A:Of1Pt^�� � 44 .i J S -- 1 µ ._ 1 gam.. \ *'.iiiiP. k + 1 O ; . .. AO i4 .0. A ..• • _ t m ilyr i ---,-14 11! ',1,411111%.,, -", i -fw -. it ock c 10 -o \ 1 .... ,._ttot- . ' itsr5tbitit,,. ..-....v.4,4, . .._ II -4, r_ 1 0 0 - °r110 '• *,:'t1' .-:1' \i t'Dv+ i - . I .._.4,,.,, . , \ T, ,. 4fiffir i. '1:-::'.c''.. • x a .' - d t 1- Lynnhaven Municipal Marina k• ' ` w.. 3211 Lynnhaven Road - a. - LEASE PARKING EXHIBIT ' ` `4 EXHIBIT B SUMMARY OF TERMS CITY: City of Virginia Beach (the "City") USER: Chick's Marina Properties, L.L.C. (a/k/a Chick's Oyster Bar) PROPERTY: 24 Parking Spaces Located at the Lynnhaven Municipal Marina (in the locations as shown on Exhibit A) TERM: April 1, 2021 through September 30, 2021, with the option to renew for (4) additional six-month terms The Use Agreement will only be effective for the months of April through September of each year, with the User having the option to expand the use on a month-to-month basis, on written request and mutual consent. USE FEE: $50.00 per space, per month RIGHTS AND RESPONSIBILITIES OF USER: • Parking spaces to be used for vehicle parking for User's employees (only) and for no other purpose • Use of the spaces to be non-exclusive and subject to availability • 13 spaces may be used anytime through the day and 11 spaces may be used daily after 4:00 p.m. only. • Provide a certificate of insurance, naming the City as additional insured, with combined single limit coverage in the amount of$1,000,000. • Indemnify and hold the City harmless from of all claims related to the use of the Property. • Comply with all federal, state and local statutes, ordinances and regulations. • Keep the Property free of all trash and debris. RIGHTS AND RESPONSIBILITIES OF THE CITY: • City will be responsible for normal and routine maintenance of the paved area of the Property. TERMINATION: • City may terminate upon giving seven (7) days' written notice to User in the event of default of the terms of the agreement or if the Property is needed for any public purpose. • User may terminate for any reason upon giving seven (7) days' written notice to the City. Virginia Beach APPLICANT'S NAME CHICK'S MARINA PROPERTIES, L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of P;operty ; ! Disposition of City i Modification of by City j Property Conditions or Proffers Alternative Economic Development ' Nonconforming Use Compliance, Specia! Investment Program j Exception for (EDIP) Changes ^oard of Zoning Encroachment Request , Rezoning Appeals Certificate of Floodplain Variance Appropriateness ; Street Closure (Historic Review Board) Franchise Agreement •:hesapeake Bat,' °reservation Area Lease of City Property Subdivis'on Variance Board ::onditional Use Permit License Agreement Wetlands Board . ... The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page lof7 11.1kX3 Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CHICK'S MARINA PROPERTIE: If an LLC, list all member's names: MICHAEL S. ATKINSON CORY R. BEISEL If a CORPORATION, list the the names of ali 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) FIVE-0-1 SEA GRILL, INC. trading as Chick's Oyster Bar See next page fo ir.formation pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is .ferent from Applicant. E 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, partnersh:p, 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 NAF3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner! (Attach list if necessary) 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, (`i) a controlling owner in one entity is also a controlling owner in the other entity, or Oil) 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 otnerwise share activities, resources or personnel on a regular oasis; or there is otherwise a close working relationsnio between me 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 i,RE C"=F►_r'.:NT, EACH MLST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia seams 7-7 YES i I NO l SERVICE PROVIDER (use aa iuonai sheets if neeN i Accounting and/or prenarer of your tax return zArchitect/ Landscape Architect/ 1� Land Planner Contract Purchaser(jf other than Cthe •ppiicant)- identify purchaser i and purchaser's service providers Any other pending or proposed C X purchaser of the subject property ;identify purchaser(s)and urchaser's service providers) construction Contractors ZEngineers/ Surveyors/ Agents :i?naac.ne ;%nclt:de cJrrent �--- n .norcgae hollers and :e-_'ers • selected or being considered to provioe financing for acquisition c:nstr4ctior. of the pr::erty) zczr rice: John W. Richardson,Esq./Wolcott Riv rs Gates :tea; B- kers _l iV .;tents/elait-� cu rs for r:e:ft and L anticipated `u:ure sales o=the sub t ,property • SECTION 4. 1‘1 ,IC;`.i.'N INTEREST 5Y PUBLIC OFFICIAL OR EMviFLOYEE YES NO I Jots an official or employee of the City of Virginia Beach have :in '71':e:!s•_ in the su::rc' land or any proposed development l cort inger.t on the subract public action? If yes, what is the -a:-.e of the pfficiaI or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is Icomplete,true, and accurate. El 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 plication. ducks Marina 'ropert;e0.t..C.. .;PP tCPtIT_S SiCN.A.uPE ' — -J P,tKT NAME DATE Page S of 7 OWNER Virginia Beach rPROVIDER (use additional sheets if YES NO SERVICE —: needed) C C ' t Accounting and/or preparer of your tax return ! 5 Architect/Landscape Architect/ i Land Planner Contract Purchaser(if other than ing Applicant)- identify purchaser ' and purchaser's service providers Any other pending or proposed 1r51( purchaser of the subject property (identify purchase►(s; and purc'taser's service proVriers) t___ I construction Contractors CEngineers / Surveyors/ Agents i ina,:c:r� C:cit de cArrer,t • (� .norgage hollers and la- ers n selected or being considered to nrovioe financing for acquisition c:%s:,racticr, of the pi: :arty) c e;i es -John W. Richardson, Esq./Wolcott Riv rs Gates Es',ace Brokers 1 IX:' Aoe-ts:F,e.!tzrs for ci..-:e!'t and � antic':a�ec future sales 'the suit;�c: property SECTION 4. :<!-,:OW1,W;%: INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 3oas ate off;cial or employee of the City of Virginia Beach have • :� _.- r in tic ;v'31F;1-. land or any proposed development i cor.:ir ar„ on the subsact public action? If yes, what is the :arr.e of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach ME,. iiiiMMUMMUOMMINIMINIIMMIEW 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 F:.blic 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 #Appplication. s Manna-Pro 1 's len( '-WP R'Y OJVtIER•c N\T RE PRINT NAME DATE r.,u�iKha ltttiir.-)';a:R•r 7 , ,iL‘N :.t'. ember Page 7 of 7 c �I.n.1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Section 7 of Appendix J, Agricultural Reserve Program, Pertaining to Eligibility Criteria MEETING DATE: November 17 2020 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. This amendment would extend the eligibility requirements to include parcels that lack road frontage because it is a flag lot or that portion of the lot being impacted by the floodplain subject to special restrictions. • Considerations: Preservation easements have been unable to be purchased when City Council action has been required for a subdivision variance due to a lack of road frontage because the frontage of the lot is impacted by the floodplain subject to special restrictions (Appendix K) or the lot was created as a flag lot. This amendment would allow these lots to be considered developable for the Agricultural Reserve Program. • Public Information: Normal council agenda process. • Recommendations: Adoption of ordinance • Attachments: Ordinance Requested by Councilmember Henley 1 REQUESTED BY COUNCILMEMBER HENLEY 2 3 AN ORDINANCE TO AMEND SECTION 7 OF 4 APPENDIX J, AGRICULTURAL RESERVE 5 PROGRAM, PERTAINING TO ELIGIBILITY 6 CRITERIA 7 8 Section Amended: § 7 of Appendix J, 9 Agricultural Reserve Program 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 7 of Appendix J, Agricultural Reserve Program is hereby amended 18 and reordained to read as follows: 19 20 Sec. 7. — Eligibility criteria. 21 22 Preservation easements may be purchased only upon property meeting all of the 23 following criteria: 24 25 (a) The property shall be no less than ten (10) acres in area, or be included in a 26 batch in which the combined area of contiguous property is no less than ten 27 (10) acres in area; 28 29 (b) The property shall be wholly located within a residential zoning district, an AG-1 30 or AG-1 Agricultural District or a P-1 Preservation District, or any combination of 31 such zoning districts; and 32 33 (c) The property shall be capable of being subdivided or developed for 34 nonagricultural uses without the approval of the city council. Except when the 35 action needed from City Council is a subdivision variance, required for the lack 36 of frontage because the frontage of the lot is impacted by the floodplain subject 37 to special restrictions (Appendix K) or the lot was created as a flag lot. Such 38 lots shall be considered developable for this section. 39 40 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. (4ferS1' 1 Agriculture Department City Attorneys Office CA14601/R-7/October 29, 2020 1♦ :,,,, 1 ,,... _. . ,:,.: ;„ „„,„,,_," CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: November 17, 2020 a Background: On February 13, 2001, City Council enacted a traffic calming ordinance to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets can be punished by a fine of$200. a Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street qualifies for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Kings Grant Road between Little Neck Road and Edinburgh Drive. a Public Information: This ordinance will be advertised in the same manner as other Council agenda items. a Attachments: Ordinance and maps. Recommended Action: Approval Submitting Dep rt ent/Agency: Public Works/Engineering jty City Manager:/ 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. - Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 17 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 18 vehicle in excess of the maximum speed limit established for any portion of the following 19 highways located within the designated neighborhoods, on or after the effective date, 20 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 21 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 22 suspended unless the court orders twenty (20) hours of community service. 23 (1) L&J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 24 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 25 Road; Old Kempsville Road. 26 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 27 (4) Little Neck: Harris Road. 28 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 29 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Cherie Lee Lane; 30 Smith Farm Road. 31 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 32 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 33 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 34 (8) Country Haven: Stewart Drive. 35 (9) Fairfield: Lord Dunmore Drive. 36 (10) Bellamy Manor: Homestead Drive. 37 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 38 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery 39 Drive. 40 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 41 (14) Milburn Manor: Davis Street. 42 (15) Lake James: Lake James Drive. 43 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 44 Effective as of April 6, 2004: 45 (1) Croatan: Croatan Road. 46 (2) Birdneck Point: Cardinal Road. 47 Effective as of April 5, 2005: 48 (1) Thoroughgood: Thoroughgood Drive. 49 (2) Hermitage Road. 50 Effective as of September 12, 2006: 51 (1) Kings Grant: Oxford Drive. 52 Effective as of January 27, 2009: 53 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 54 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 55 Effective as of August 10, 2010: 56 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 57 1900 block of Grey Friars Chase. 58 Effective as of September 5, 2018: 59 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 60 Effective as of November 12, 2019: 61 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 62 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 63 Drive. 64 Effective as of November 17, 2020: 65 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh 66 Drive. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPRO E AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ()-WCAL (7(i olice Department City omey's Office APPROVED AS TO CONTENT: I� ff/' d- Public Works CA15178 R-1 September 30, 2020 NNJ I �Q NV —� E .• \ I (5* k 4441 itt s /4* 1r .": % c,... I I I 41 I i 1 V'C 1 , C-.'—', 0 40 r JQ- 41,'. re<<„ „ ,, &44• 0. �.c ''' '''; : '. ,, ,s(e , a ).,, ;co , /tip p , , 1 4 )%/ 7' At - ' c)9 %, * ,,,, ,s,) .\ 4,491 0 _,,411; " 4vit ///1//p/s, Jot J \ Ilk co' wATE/0. AT1:17;: �g 0 Ulla 4rN ."-: 0 axe., --g)L-- \\_\ A- , ' AstrA4 17, - -)A1,:c7- lealhi, .rz7. emb- .1. , EO ' ,,, e- ,,,� . • . , 4Rlp,,,, 4ior t , GP. a q_:0, -L . C G ,SUNNYBRO p KNN0 ® ,� m -iiiii= ic *Lif ' .�• rlr V Fy ` � ,t�sp / ✓ J _. A !!!! 'S' .. ._ ,--__, istr* Av• 4 mis Wil#V irl‘G �� ittritE. Att S ill LTI W CH cl,tr. — A _z. ik, , r 2 cpn v ' 00"_. i 4pr , ® 0 LOCATION MAP L� . RGN�R G) TRAFFIC CALMING 16'o�� •.. O�Ngv 7 KINGS GRANT ROAD m �� p'" Z� Feet oWill 13 0 200 400 800 _ 73FlIaa I4! A . .A1111() o.e.,n.o,4I,,,D1A//G..., /Cnn cei...,.,.4 ce..,i,.ec, 1=21irc.ni1 not')oi')mn ');ik------- .--- .- -,:-/ ,•A' rfar-,,vits :„.... , /7/I ',, --\'• / ' ' sN .,,,,, ,,\,:. ,(___-, , \ - --J _ '41 ' •A , ._-• ,t.' . \_ ,, , - )1_\' A.,, / /.. - ' -1 _ _(_: i , - - - ----- VIRGN -7-1 — Cz.,-, ,./k — • loi- . ' --,-- i _____----- - .• - w-)ir • ir. I ,.:,- „A ., 2 r / Larkspur '2--*-._*-1;sor".1rreal rwal agik (i v . o '---r- - - -z- I &) . , - \ /:` - • c_li'40-7:,'.(----s-: . ,--- ____ \----- 73 \ ‘ -',./ ik arias vir , 73 • fliammile1/2, 4.# ,,, , 4. ,--, ,,,-4.-0_ A*, • \ / -?, /..,)7' /,---•-- iir•C• k ' 4111 /N c, .c-4-:-- •-7 =-/' - , ,4, — ____ A —: , ,.,. _,,_, . / ,. ---- i ---,_,,2 , . ___,: _-‹-'fl \, - __ ,., , . 0 4" c0 (k" 4' 4- o - - 4- 0 „zr + 73 06, 4• 111111111111111111k DP A. d +4, tp ilfC 44vS) if Ro ) 1- o < N A4 r.,...16) (c07,3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2021 Legislative Agenda MEETING DATE: November 17, 2020 ■ Background: City Council presents a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. ■ Public Information: A discussion was held with City Council on September 8, 2020. Public comment was received by the City Council during their meeting on October 20, 2020 at the Convention Center. ■ Attachments: Resolution and 2021 Legislative Agenda. Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2021 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2021 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2021 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2021 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2020. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jW \.L7kL / ,) , _ Manager's ice City Attome 's Office CA15181 R-1 September 30, 2020 � I: `�0141A•BEgc ti <_f �O ti 1 4 r ye .r S0 et -�4 ..- , o, of , %MI0 - `�... =w. �.. - - - ♦ -. -_.c.- it ;,,, , _ ... ,,,........„ gar" _' 1 irti ` ��� � f' , -::- _ _t'.c r-1 may kA . 1 -1l l 1. !‘ , x. DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2021 SESSION November 12, 2020 CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor Robert M. "Bobby" Dyer—At Large Vice-Mayor James L. Wood—Lynnhaven Jessica P. Abbott—Kempsville Michael Berlucchi—Rose Hall Barbara M. Henley—Princess Anne Louis R. Jones—Bayside John D. Moss—At Large Aaron R. Rouse—At Large Guy K. Tower - Beach Rosemary A. Wilson—At Large Sabrina D. Wooten—Centerville CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. — Senate District 6 Senator Jen A. Kiggans— Senate District 7 Senator William R. DeSteph, Jr. —Senate District 8 Senator John A. Cosgrove, Jr. — Senate District 14 Delegate Kelly K. Convirs-Fowler—House District 21 Delegate C. E. "Cliff'Hayes, Jr. —House District 77 Delegate Barry D. Knight—House District 81 Delegate Jason R. Miyares—House District 82 Delegate Nancy D. Guy—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Alex Q. Askew—House District 85 Delegate Joseph C. Lindsey—House District 90 Delegate Robert S. Bloxom, Jr. —House District 100 ii TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL ii CITY OF VIRGINIA BEACH-GENERAL ASSEMBLY DELEGATION ii SECTION 1.1-CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS 1. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE 5 SPONSORED BY CITY COUNCIL 2. FULL FUNDING FOR THE STEP-VA PROGRAM 6 SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 3. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL 9 SPONSORED BY VICE-MAYOR JIM WOOD 4. OBTAINING PRESCRIPTION DRUGS BY FRAUD,DECEIT,OR FORGERY 10 SPONSORED BY VICE-MAYOR JIM WOOD 5. SMART SCALE-RESILIENCY 11 SPONSORED BY COUNCILMEMBER BARBARA HENLEY 6. LIMITATIONS ON THE NUMBER OF BALLOONS THAT MAY BE SET FREE 13 SPONSORED BY COUNCILMEMBER GUY TOWER 7. DEFINITION OF SMALL BUSINESS 14 SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON 8. DIVERSITY IN JUDICIAL APPOINTMENTS 15 SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION 9. RESTORE FUNDING DURING THE 2021 SESSION FOR THE RENOVATION OF BUILDING 2 IN RESPONSE TO THE EVENTS OF MAY 31,2019 16 SPONSORED BY CITY COUNCIL 10.REQUEST THE GENERAL ASSEMBLY RESTORE FUNDING TO K-12 EDUCATION 17 SPONSORED BY CITY COUNCIL 11.STORMWATER SUPPLEMENTAL FEE TO SUPPORT FLOOD MITIGATION BOND REFERENDUM 18 SPONSORED BY COUNCILMEMBER JOHN MOSS 12.REQUEST FOR A$10 MILLION APPROPRIATION FOR THE HAMPTON UNIVERSITY PROTON THERAPY CANCER INSTITUTE 19 SPONSORED BY COUNCILMEMBER SABRINA WOOTEN 13.REQUEST THE GENERAL ASSEMBLY TO FIND ALTERNATIVE SOURCES TO FUND MASS TRANSIT IN HAMPTON ROADS 20 SPONSORED BY COUNCILMEMBER GUY TOWER 14.AMENDMENTS TO 2020 ACTS OF ASSEMBLY FOR THE ATLANTIC PARK/DOME SITE DEVELOPMENT 21 SPONSORED BY COUNCILMEMBER GUY TOWER SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS ri s ��. 1 1. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE SPONSORED BY CITY COUNCIL Background Information: In 2006, the Virginia General Assembly passed legislation to replace state and local taxes and fees on communication services with one statewide Virginia Communications Sales and Use Tax.This statewide tax imposed a 5% fee, which is collected from consumers by service providers and remitted to the state on a monthly basis. After collection by the state,the tax is then distributed to individual localities. Revenues from the Sales and Use Tax are in long-term decline. For example, Virginia Beach now brings in$10 million less per year than when the tax first went into effect over a decade ago.This$10 million decline is equal to a 33% loss in revenue over this period. As technology progresses,this revenue gap will only grow wider. The chart below shows actual revenues received by the City. In total, the City averaged a 3.4% per year reduction in Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2019-20. Virginia Telecom Tax: FY 08-FY20 $31 $30 p $29 $27 $28 $28 $27 $27 $26 $26 : $27 ., $25 Ii $25 lir 1nat $22 $20 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 ■Actual Consistent with these declines, the City has sizably lowered its budgeted projections for Telecom Tax revenue. Yet,Fiscal Year 2020 actual receipts came in less than the lowered amount budgeted for Fiscal Year 2021. Should the present tax structure continue as is,the City will likely see a decline in this revenue source in Fiscal Year 2022 that would bring the total amount of revenue received by the City to around$17 million. FY 2020 Budgeted FY 2021 Budgeted FY 2021 Estimate (Using Historic Average) $23.4 million $20.3 million $ 17.5 million REQUEST: The General Assembly is requested to restore funding to localities consistent with amounts received at the time of the formula's adoption in 2006. fit 6 2. FULL FUNDING FOR THE STEP-VA PROGRAM SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: While Virginia's overall ranking in the 2020 State of Mental Health Report released in February 2020 by MH America(MHA) ranked the Commonwealth at 27th nationwide (up from 33'd in 2019), Virginia ranked 42nd for adult mental health (down from 35th in 2019). MHA indicates any state with a ranking of 39-51 indicate that adults have higher prevalence of mental illness and lower rates of access to care. The decrease in our adult mental health ranking means more adults reported they were not able to receive the treatment they needed. Although Virginia's youth mental health ranking improved to 17th, the prevalence of youth with Major Depressive Episode dropped to 24th. Virginia's overall access to mental health care in in the 2020 MHA report depicts the greatest challenge for Virginians with a rank of 37th in the nation. Additionally, Virginia has continued to be low while the percentage of inmates with mental disorders in jails has continued to increase annually. (Virginia Compensation Board) The need for a comprehensive,effective and accessible system of mental health services is quite clear. When individuals are not able to receive the treatment and services they need for the cause of their mental health crisis in their communities, the effect often include: homelessness, suicide, substance use, incarceration, frequent hospitalizations, and use of emergency rooms. The increased need for services due to COVID-19 has been widely reported and are likely to be reflected in the Virginia Department of Behavioral Health and Developmental Services (DBHDS) 2020 statistical reports. STEP-VA(System Transformation,Excellence and Performance in Virginia)when fully funded will provide the community mental health care system which have been needed for many years. STEP-VA was developed in 2015 through a federal planning grant received by DBHDS to address this systematic delivery approach to providing mental health services by providing quality, access, accountability and consistency across all Community Services Boards. The federal planning grant providing the means to lay the foundation for a behavioral health system that would be standardized in the provision of nine core services: • Same-day access • Primary care screenings • Outpatient behavioral services • Behavioral health crisis services • Peer/family support services • Psychiatric rehabilitation • Veterans' behavioral health • Case management for adults and children • Care coordination The 2017 General Assembly amended the code to implement the STEP-VA System of nine services by 2021. Same Day Access and Primary Care Screening were fully funded and implemented in 2019 and Outpatient Services and Crisis Services were partially funded. a The 2020 General Assembly provided additional funding for partial implementation of STEP-VA: FY 2021- $19,704,173; FY 2022 - $30,151,414. In April 2020, due to the COVID-19 emergency, these funds were unallocated; a freeze was placed on new spending until economic circumstances improved and revenues could be forecasted again. The 2021 Governor's budget priorities will be outlined in mid-November and the 2021 General Assembly House and Senate Finance and Appropriations Committees will likely be inundated with requests to amend the Governor's budget post-COVID. As a lack of fully funding the mental health needs of our citizens can have a domino effect of many other areas of the state and individual localities budget,restoring the funding levels for STEP-VA must be ranked among the highest of budget priorities. Request: The City requests that the General Assembly restore funds allocated by the 2020 General Assembly and provide the remaining funds needed for the full implementation of the STEP VA System throughout the Commonwealth to ensure all nine Core Services are implemented by 2021. (43) 18 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES 4 al `•;;. .c f 19 3. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In Virginia, public safety benefit programs have historically been designed specifically for firefighters and police officers. Most municipal EMS providers were either cross trained as firefighters, volunteers or civilians. There was little attention given to governmental EMS workers. Virginia Beach has the largest with its cadre of medics within the Department of EMS. We currently have 65 officers or medics who are considered full time salary Emergency Medical Technicians for purposes of benefit calculations. However, those workers are not given the same protections of heart disease presumption that Fire and Police have. Request: The General Assembly is requested to modify Code of Virginia Title 65.2,Workers' Compensation, Chapter 3: Occupational Diseases §65.2-402(B) as follows: B. Hypertension or heart disease causing the death of or any health condition or impairment resulting in total or partial disability of(i) salaried or volunteer firefighters, (ii) members of the State Police Officers' Retirement System, (iii)members of county, city or town police departments, (iv)sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries, (ix)Capitol Police officers, (x)special agents of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (( 4.1-100 et seq) of Title 4.1, (xi)for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in §65.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, and(xiv) campus police officers appointed under Article 3 (.23.1-1-809 et seq.)and(xv)full-time salaried Emergency Medical Technicians employed by the City of Virginia Beach. Of Chapter 8 of Title 23.1 and employed by any public institution of higher education shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. T410 4. OBTAINING PRESCRIPTION DRUGS BY FRAUD, DECEIT, OR FORGERY SPONSORED BY VICE-MAYOR JIM WOOD Background Information: Over the past year,the City of Virginia Beach has experienced an increase in the amount of illegally obtained prescription drugs via rogue internet sites that sell prescription drugs without valid prescriptions. These drugs are not FDA approved, and are often adulterated or misbranded. This involves Schedule II narcotics as well as Schedule III— Schedule VI drugs. Request: The General Assembly is requested to initiate legislation criminalizing the purchase of prescription drugs or procuring administration of prescription drugs including controlled substances by fraud, deceit, or forgery. it7 c4` A, fj 111 5. SMART SCALE - RESILIENCY SPONSORED BY COUNCILMEMBER BARBARA HENLEY Background Information: According to the Virginia General Assembly, it is in the 'public interest that a prioritization process...be ...implemented to improve the efficiency and effectiveness of the state's transportation system, transportation safety, transportation accessibility for people and freight, environmental quality, and economic development in the Commonwealth"(§33.2-214.1 of the Code of Virginia). This process,known as SMART SCALE, allows the Commonwealth Transportation Board and the Virginia Department of Transportation to score and subsequently award funds to new transportation construction projects throughout the Commonwealth of Virginia. In the forthcoming SMART SCALE Round 4, it is estimated that $1 billion will be distributed to projects based upon this scoring system. Despite the existence of categories covering congestion mitigation, economic development, accessibility, safety,and environmental quality,no category considers or evaluates a metric that will define the efficiency and effectiveness of the Hampton Roads and Virginia Beach transportation system in the 21st Century: resiliency. Although resiliency could be accounted for within several of the existing categories, to date, resiliency is not mentioned in their definitions. For example, safety considers crash frequency and rate,while environment scores are based upon sensitive acreage disturbed and air quality. As a result of this exclusion, Virginia Beach and other localities transportation projects that are in part designed due to the threat of climate change,rising seas, and disruptive weather events score poorly in the SMART SCALE process. Further, projects that score in the existing categories are not given an additional benefit for their potential longevity. Given the critical need for the transportation sector to be part of the City,region,and Commonwealth's response to sea level rise,resiliency must be considered a factor in Round 5 of SMART SCALE and in other future awards of transportation dollars by the Commonwealth Transportation Board and the Virginia Department of Transportation. Request: The City Council of the City of Virginia Beach requests that the General Assembly amend §33.2-214.1 to incorporate resiliency. Specifically, the City requests that §33.2-214.1 (A) be rewritten to read 'The General Assembly declares it to be in the public interest that a prioritization process for projects funded by the Commonwealth Transportation Board be developed and implemented to improve the efficiency and effectiveness of the state's transportation system,transportation safety,transportation accessibility for people and freight, current and future transportation resiliency, environmental quality, and economic development in the Commonwealth" and that §33.2-214.1(B)(1) state, "The prioritization process shall be based on an objective and quantifiable analysis that considers, at a minimum, the following factors relative to the cost of the project or strategy: congestion mitigation, economic development, accessibility, safety, and environmental quality, and resiliency." Furthermore,the City Council requests that the Commonwealth Transportation Board and the Virginia Department of Transportation adopt the following definition of resiliency: "The ability to anticipate, prepare for, or adapt to conditions; or withstand, respond to, or recover rapidly from disruptions; 1 12 including the impacts of sea level rise, extreme weather events,flooding, or other natural disasters. This resilience should extend to the entire transportation system including all modes and components such as roads, railroads, waterways, runways, power from multiple sources and various fuels, control and communications location systems, consideration of alternative routes. Alternative- especially harden routes for which there are no good alternative, alternative sources and backup system for fuels and backup control, communications, location systems, increased flooding from sea level rise, subsidence, increased occurrence of record storms, increased intensity of hurricanes, winter weather events and other extreme climatological and other climatological occurrences". Put very simply, a road system is only as good as it's drainage system, or the electrical system for traffic control, etc. For instance, VDOT is now requiring that road and bridge projects take into account projected sea level rise,but no additional credit is given to those added costs. 1$• tC�Z �I .L f • 13 6. LIMITATION ON THE NUMBER OF BALLOONS THAT MAY BE SET FREE SPONSORED BY COUNCILMEMBER GUY TOWER Background Information: The Virginia Aquarium&Marine Science Center, Clean Virginia Waterways, Christina Trapani Consulting, and Virginia's Coastal Zone Management Program have been monitoring coastal shorelines, water quality, and marine animal health in the state for more than 25 years. During this period, the Virginia Aquarium conducted coastal surveys, responded to stranded animals, and identified and documented the impacts of balloons on the environment.During these surveys,more than 150 balloons and balloon parts(ribbons,plastic closures) were recorded per mile of beach. Balloon litter injures and kills wildlife — more than 30 animal species are known to be impacted by balloons. The Virginia Aquarium's nationally recognized stranding response team has documented numerous balloons ingested by endangered sea turtles and marine mammals. In Virginia, it is currently legal for any person to release up to 49 balloons within a one-hour period — in essence, it is legal to litter. Released balloons are a particularly insidious form of litter because of the ease with which they travel great distances and impact even remote areas. The Virginia Aquarium studies have documented balloons on Virginia beaches from as far away as Northern Virginia and even other states such as North Carolina, Maryland,New York, West Virginia, and Kansas. Request: The General Assembly is requested to support legislation for the prohibition of any person for the deliberate, outdoor release, of any balloon(s). The proposed legislation would include a civil penalty of$25 per balloon released, to be paid into the Nongame Wildlife Fund of the Virginia Department of Wildlife Resources. The bill would have exceptions for government agencies and releases for approved scientific and meteorological purposes. 4 l' 1 114 7. DEFINITION OF SMALL BUSINESS SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON Background Information: Currently there are multiple definitions for small businesses in the code of Virginia. The one that is utilized most predominantly is in the Virginia Public Procurement Act. This states that a small business means a business independently owned and controlled by one or more individuals who are US citizens or legal resident aliens and together with affiliates has 250 or fewer employees or annual gross receipts of$10 million or less averaged over the previous three years. Under this current definition a "small business could have 250 employees and greater than annual gross revenues of$10 million". This means that a certified small business could have unlimited annual revenue and receive the benefits of being a small business under the code. Request: The General Assembly is requested to amend the code of Virginia section 2.2 —4310 to substitute the word "and" for"or"in the definition of a small business. This would mean that a small business would be defined as having 250 or fewer employees and annual gross receipts of$10 million or less averaged over the previous three years. This is thought to provide a truer definition of a small business in Virginia than the current code. t;i0; P. 1 15 8. DIVERSITY IN JUDICIAL APPOINTMENTS SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: Bringing diverse experiences and perspectives to bear, allows judges to make better informed decisions and increases public confidence in their rulings. Given the diversity of the citizenry subject to the power of local courts in Virginia, judges from different backgrounds and experiences help to enrich judicial decision-making by including a variety of voices and perspectives.Despite these important benefits,the City's courts do not reflect the diversity of the City they serve. A recent retirement from this court has exacerbated this problem. Request: The City requests that the General Assembly give favorable consideration to judicial candidates who are exceptionally well-qualified, but who also reflect the full diversity of the community they serve, and especially candidates of color, when filling any Virginia Beach court vacancy. zIt 16 9. RESTORE FUNDING DURING THE 2021 SESSION FOR THE RENOVATION OF BUILDING 2 IN RESPONSE TO THE EVENTS OF MAY 31, 2019 SPONSORED BY CITY COUNCIL Background Information: In response to the tragedy of May 31, 2019, City Council has pledged to not require workers previously working from Building 2 to return to those office spaces. The City is planning a total of$83 million of expenditures to renovate three buildings in order to accommodate the workers from Building 2 into facilities that better serve the public.The displaced employees are working from over 20 different locations throughout the City. $4 million has been expended for designing the needed renovations.Building 2 would be repurposed as Police headquarters and the first precinct headquarters,the current Police headquarters building,would be renovated at the cost of $19 million to accommodate some of the workers previously in Building 2. The current City Hall would be renovated at a cost of$30 million to accommodate the remainder of the displaced workers. Request: The General Assembly is requested to appropriate $10 million during the regular 2021 General Assembly session to the City to assist in renovations to the Building 2 at the City Hall complex made necessary due to the tragedy of May 31, 2019. 117 10. REQUEST FOR THE GENERAL ASSEMBLY TO RESTORE FUNDING TO K-12 EDUCATION SPONSORED BY CITY COUNCIL Background Information: The General Assembly in its Regular Session of 2020 adopted significant increases in funding for kindergarten through 12th grade education.This additional funding would have provided substantial increases to teachers and other school system employees. Following the realization of the impact of the COVID-19 epidemic, the General Assembly re-allotted over$2 billion in K-12 funding and subsequent to that defunded that amount. While although the state and the nation as a whole are still suffering under the impacts of COVID-19, impacts on the revenues of the Commonwealth are substantially less severe than envisioned just two months ago. The General Assembly may be in a position in January to restore a substantial amount of the funding that has been reduced for K-12 and other uses. Request: The General Assembly is requested, to the extent possible, restore the de-allotted funding to K-12 made necessary after the adjournment of the Regular Session of 2020 with revenues much improved over that forecast just a few months ago.The General Assembly may be in a much better position fiscally by the middle of February 2021 when final decisions on the budget must be made. :f 118 11. STORMWATER SUPPLEMENTAL FEE TO SUPPORT FLOOD MITIGATION BOND REFERENDUM SPONSORED BY COUNCILMEMBER JOHN MOSS Background Information: Section 15.2-2114 of the Virginia Code authorizes a locality to undertake a stormwater management program. Included in this legislation is the authorization to impose stormwater charges to residents of the City receiving the services provided by the stormwater management program. The City has a two-tier rate structure. The rate structure for residential customers is by a fixed equivalent residential unit or ERU. The rate structure for non-residential customers is based on the impermeable square footage of the relevant parcel. As the City explores a possible bond referendum for flood mitigation, there is a desire to apportion the costs of flood mitigation projects equally upon all residents of the City. If the City seeks to pay for the debt associated with a flood mitigation referendum through increased real estate taxes, there would be an inequitable distribution of the burden of such debt, so the City desires additional options to structure the repayment of debt for flood mitigation. Request: The City Council requests enabling authority to permit the levy of a supplemental stormwater management charge dedicated to flood mitigation upon properties exempted from real estate taxes, and such supplemental stormwater management charge shall be equal to the proportional costs imposed from increased real estate taxes upon taxable properties required for repayment of debt issued pursuant to a bond referendum for flood mitigation. N 4y? 119 12. REQUEST FOR A $10 MILLION APPROPRIATION FOR THE HAMPTON UNIVERSITY PROTON THERAPY CANCER INSTITUTE SPONSORED BY COUNCILMEMBER SABRINA WOOTEN Background Information: The Hampton University Proton Therapy Cancer Institute (HUPTI) is a $225M state-of-the-art cancer treatment and research facility. HUPTI utilizes innovative precision medicine applications treating cancers of all types. Hampton University's outstanding medical physics program, strong ties to Jefferson Labs and long-standing relationship with the local cancer treatment health community made it uniquely suited to become home to our nation's eighth proton therapy treatment center. HUPTI treats prostate, long, breast, head and neck, CNS and brain, pediatric, and gynecological cancers using a state-of-the-art facility. Most recently, Hampton University is also developing a strong COVID-19 Testing Center and a strategic MRI capability, that allows patients in Virginia's underserved areas to receive much needed diagnosis of lung conditions caused by COVID-19, which is a respiratory virus. Hampton University has been a partner with Virginia Beach for many years and is consistently recognized nationally as one of the finest Historically Black Colleges and Universities (HBCU)in the nation. Request: The City Council of Virginia Beach supports the request of Hampton University to the General Assembly, during its 2021 session, to appropriate $10 million to the Hampton University Proton Therapy Institute so they can expand its cancer therapy outreach and research. In addition to continuing to provide precision medicine via the proton beam while developing the delivery of innovative MRI advanced technology, especially to the underserved populations throughout the Commonwealth. Cancer remains the leading cause of death in Virginia and in the City of Virginia Beach citizens produce is the largest percentage of patients at HUPTI. 120 13. REQUEST THE GENERAL ASSEMBLY TO FIND ALTERNATIVE SOURCES TO FUND MASS TRANSIT IN HAMPTON ROADS SPONSORED BY COUNCILMEMBER GUY TOWER Background Information: The General Assembly during the 2020 session, enacted legislation creating a funding source for a backbone of transit services throughout the region.This legislation created the Hampton Roads Regional Transportation Program and is funded by additional taxes and redirection of existing taxes. An additional fee of 6 cents per hundred on deeds, instruments, etc., is to be paid by the grantor, and a redistribution of recordation tax to the localities, wherein the City of Virginia Beach lost $1.9M per year that we formerly received to the general fund. Also, there was a new Transient Occupancy Tax, at the rate of 1% of the amount charged for the occupancy of any hotel space within the Hampton Roads region. The implementation of these fees and redirection will occur on May 1, 2021. The City believes that these is an inequitable burden on the City of Virginia Beach and an inequitable source of revenue.For instance,Transient Occupancy Tax has been purely a local tax and utilized by the City of Virginia Beach for infrastructure and other improvements for our resort industry. The additional 1%tax means that Virginia Beach's rates are now some of the highest in the nation. Also, the City, while having 25%of the region's population, generates over 40% of the recordation taxes as well as the Transient Occupancy Tax. Request: General Assembly is requested to find other, more equitable sources of revenue to fund transit in Hampton Roads. The increase in the Transient Occupancy Tax is proving detrimental to the hotel industry in the City as well as other jurisdictions in Hampton Roads. The use of the recordation tax, which the City has been counting on for many years, creates a decrease in revenue available to the City equal to 1/3 of a cent on the real estate tax rate. The City believes that there are other, more equitable ways to fund transit than to put the burden on existing sources of revenue to the local governments, such as the recordation tax and Transient Occupancy Tax and the associated effect on tourism for the Commonwealth. .� �,• 121 14. AMENDMENTS TO 2020 ACTS OF ASSEMBLY FOR THE ATLANTIC PARK/DOME SITE DEVELOPMENT SPONSORED BY COUNCILMEMBER GUY TOWER Background Information: During its 2020 session, the General Assembly amended 2019 legislation authorizing the City to receive certain sales and use taxes at a proposed $250 million project known as Atlantic Park/Dome Site Development. As the City pursued due diligence on the project, there is a need to amend the development agreement to allow phasing of the project. In reviewing the implications of that change,bond counsel for the City has identified two items in the 2020 legislation that require clarification. Accordingly,the City requests technical amendments to the 2020 Acts of Assembly, Chapter 467. Request: The City Council requests the General Assembly make the following amendments to 2020 Acts of Assembly, c. 467: • Amend 15.2-5931(C)(1) to read as follows: o Be issued at, above, or below par value,for cash or other valuable consideration, and mature at a time or times, whether as serial bonds or as term bonds or both, not later than June 30 of the fiscal year in which the City's entitlement to tax revenues expires pursuant to provisions of§15.2-5933(A)(2); • Amend 15.2-5931(I)in the following manner: o Refunding bonds may be issued for the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring, and fief alleviating impending or actual default, or either, and may be issued in one or more series in an amount in excess of that of the bonds to be refunded. w�ec,r fV �) • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting the 2021 Legislative Agenda Adopted by the Hampton Roads Planning District Commission and Requesting Our General Assembly Delegation Support These Measures MEETING DATE: November 17, 2020 • Background: The Hampton Roads Planning District Commission (HRPDC) is made up of representatives from the 17 jurisdictions in Hampton Roads. The HRPDC adopted a legislative agenda at their meeting on October 15, 2020, and it has requested that the agenda be supported by the members of the Hampton Roads Caucus in the Virginia General Assembly. • Considerations: This resolution expresses the City Council's support for the HRPDC 2021 Regional Legislative Agenda and requests that our General Assembly delegation and that of the entire Hampton Roads Caucus support the enactment of the measures contained therein. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the resolution • Attachment: Resolution and Hampton Roads Planning District Commission 2021 Regional Legislative Agenda Requested by Councilmember Henley REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION SUPPORTING THE 2021 LEGISLATIVE 2 AGENDA ADOPTED BY THE HAMPTON ROADS 3 PLANNING DISTRICT COMMISSION AND REQUESTING 4 THAT OUR GENERAL ASSEMBLY DELEGATION 5 SUPPORT THESE MEASURES 6 7 WHEREAS, the Hampton Roads Planning District Commission is made up of 8 representatives from the 17 jurisdictions in Hampton Roads; 9 10 WHEREAS, for many years, the HRPDC has adopted a legislative agenda and 11 requested it be supported by the members of the Hampton Roads Caucus in the Virginia 12 General Assembly; 13 14 WHEREAS, the Hampton Roads Planning District Commission adopted a 15 legislative agenda at their meeting on October 15, 2020; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the 2021 Legislative Agenda adopted by the Hampton Roads Planning 21 District Commission as attached is supported by the Virginia Beach City Council. 22 23 BE IT FURTHER RESOLVED: 24 25 That our General Assembly delegation and that of the entire Hampton Roads 26 Caucus is requested to support the enactment of the measures contained within this 27 legislative agenda. 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 15260 R-1 November 6, 2020 Hampton Roads Planning District Commission 2021 Regional Legislative Agenda Coastal Resiliency • Request the creation of the Virginia Commonwealth Flooding Board. o The Commonwealth Flooding Board (CFB) would direct and prioritize state and federal flooding for flood mitigation, ensure collaboration and alignment among State agencies, and coordinate planning and adaptation efforts. o The CFB would be similar to the Commonwealth Transportation Board which meets on a regular basis to address transportation needs and issues in Virginia. The CFB would serve the same role for statewide flooding issues. o See the attached Summary Paper for additional information. • Request that resilience considerations be included in SMART SCALE transportation funding decisions. o SMART SCALE is the Commonwealth of Virginia's method for prioritizing transportation projects for state funding. o Under the current SMART SCALE system, a project without resiliency features would score higher since it would have a lower cost. o A project's approach to address resiliency issues should be considered in the SMART SCALE scoring system. o See the attached Summary Paper for additional information. • Request State and Federal assistance to update precipitation predictions. o Stormwater infrastructure that collects and diverts rainwater away from roads and buildings is sized based on historical rainfall events. o The Atlas 14 report,prepared by the National Weather Service, has not been updated for the Hampton Roads region since 2006. o Rainfall trends are changing. For example, based on studies the City of Virginia Beach has adopted a local standard based on Atlas 14 plus a 20%increase. Attachment 11 o The following approach is recommended: • Local—All Hampton Roads localities should consider adopting the Virginia Beach design criteria of Atlas 14 plus 20 percent. • State—Virginia should invest in the research to analyze recent rainfall patterns across the entire state to determine future rainfall predictions. • Federal—Congress should fund the National Weather Service to update its methodology for analyzing rainfall. • See the attached Summary Paper for additional information. • Request that Virginia's residential property disclosure requirements be amended to require the seller to disclose information about a property's vulnerability to flooding or any history of flood damage or flood insurance claims. o There is currently no requirement for disclosure regarding a property's past flooding history, which results in buyers not becoming aware of these issues until they are required to purchase flood insurance policies as part of their mortgage agreements. o See the attached Summary Paper for additional information. Offshore Wind • Continue to support State efforts to support and promote the offshore wind industry and make the Hampton Roads region a hub for supply chain jobs to support this emerging industry. o The region's geographic location, harbor and specialized workforce position the 757 to be the hub to support wind turbines planned for construction along the east coast. Broadband/Fiber • Support funding programs and policies that advance regional efforts to develop interconnected and modern fiber networks. o The Hampton Roads region is planning a fiber network that will connect to the subsea cables that have come ashore in Virginia Beach and spread this ultrafast broadband throughout the 757. o The first phase of this effort is a Southside fiber ring,which will be expanded to a second interconnected ring on the Peninsula. Attachment 11 o State funding to construct this fiber ring will assist in the timely delivery of this transformational project. Economic Development/Site Readiness • Support funding programs and policies that assist local governments with preparing shovel ready sites for economic development and job creation. Water Quality The Virginia Department of Environmental Quality should evaluate options and propose priority ranking criteria that include nitrogen reductions for the Stormwater Local Assistance Fund (SLAF). • The Commonwealth should align funding priorities to achieve maximum pollutant reductions to improve water quality. • For the Chesapeake Bay TMDL,the Commonwealth is over-achieving their phosphorus reductions goals and underachieving nitrogen reduction goals • SLAF dollars are currently prioritized based on which best management practices (BMPs) are expected to provide the greatest water quality benefit in terms of phosphorus, not nitrogen or any other pollutant. • Some BMPs reduce nitrogen better than phosphorus and vice versa. • SLAF funding criteria should reflect all pollutants that need to be addressed for the successful achievement of the Bay TMDL in Virginia. Urban Areas Security Initiative(UASI) • Sustain UASI funding levels for the Hampton Roads region. K-12 Public Education • Support the continuation of efforts to provide increased state funding for K-12 public education. Housing • Support legislation that continues to appropriate funding of the Virginia Housing Trust Fund for housing programs and projects. Attachment 11 NU1 1 4.6(.. ,,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Declare November 15 — December 15, 2020, as Buy Local Month MEETING DATE: November 17, 2020 ■ Background: Last year, the City Council adopted a resolution to establish November 15th — December 15th as Buy Local Month. Local businesses create jobs, boost the local economy, and preserve our neighborhoods. In recognition of these contributions, the City Council would like to enact a resolution to declare November 15— December 15, 2020 as "Buy Local Month." ■ Considerations: The attached resolution is similar to the resolution adopted by the City Council in 2019. The resolution declares November 15 — December 15, 2020 as "Buy Local Month." The resolution urges all citizens to join in this celebration and to buy local for the holidays and throughout the year. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO DECLARE NOVEMBER 15 — 2 DECEMBER 15, 2020 AS BUY LOCAL MONTH 3 4 WHEREAS, last year, the City Council adopted a resolution to establish November 5 15th— December 15 as "Buy Local Month;" 6 7 WHEREAS, local businesses create jobs, boost the local economy, and preserve 8 our neighborhoods; and 9 10 WHEREAS, in recognition of these contributions, the City Council would like to 11 enact a resolution to declare November 15 — December 15, 2020 as "Buy Local Month; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The Council hereby declares November 15-December 15, 2020 as "Buy Local 17 Month," and it urges all citizens to join in this celebration and to buy local for the holidays 18 and throughout the year. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: ity_Attbrn s 0 is CA15249 R-1 November 5, 2020 I 4 fo •••iT; ,� si ,... .......,,.,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Creation of a Single Mobile Portal for City Services and Information MEETING DATE: November 17, 2020 • Background: Residents and visitors increasingly use their mobile phones to access information instead of logging onto a website using a desktop or laptop computer, and mobile portals that are specially designed for mobile devices provide a better user experience than attempting to use browsers on mobile devices to access content that was designed to be viewed on desktop or laptop computers. Over the past six years, the City of Virginia Beach has created several individual apps, including VB Connect (for finding City news, contact information for City officials and departments, job listings, and access to other City apps), VB Property (for information on all residential, commercial, tax exempt, and agricultural properties in the City), VB Events (for information on public meetings and events at certain City facilities), and VB ParkFinder (for information about City parks and park facilities). • Considerations: Requiring citizens and visitors to download multiple City apps for different types of services is cumbersome, can be confusing, and can frustrate those who may be unable to find vital information about City services even after downloading several City apps. A single mobile portal for all City services would greatly benefit our citizens and visitors by providing a one-stop location for a variety of information about the City and would provide increased transparency and enhanced citizen engagement. This resolution requests the creation of a single mobile portal that will incorporate public input from our community as to the functionality and content of the portal. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Rouse REQUESTED BY COUNCILMEMBER ROUSE 1 A RESOLUTION REQUESTING THE CREATION OF 2 A SINGLE MOBILE PORTAL FOR CITY SERVICES 3 AND INFORMATION 4 5 WHEREAS, residents and visitors increasingly use their mobile phones to access 6 information instead of logging onto a website using a desktop or laptop computer, and 7 mobile portals that are specially designed for mobile devices provide a better user 8 experience than attempting to use browsers on mobile devices to access content that 9 was designed to be viewed on desktop or laptop computers; 10 11 WHEREAS, over the past six years, the City of Virginia Beach has created several 12 individual apps, including VB Connect (for finding City news, contact information for City 13 officials and departments, job listings, and access to other City apps), VB Property (for 14 information on all residential, commercial, tax exempt, and agricultural properties in the 15 City), VB Events (for information on public meetings and events at certain City facilities), 16 and VB ParkFinder (for information about City parks and park facilities); 17 18 WHEREAS, requiring citizens and visitors to download multiple City apps for 19 different types of services is cumbersome, can be confusing, and can frustrate those who 20 may be unable to find vital information about City services even after downloading several 21 City apps; and 22 23 WHEREAS, a single mobile portal for all City services would greatly benefit our 24 citizens and visitors by providing a one-stop location for a variety of information about the 25 City and would provide increased transparency and enhanced citizen engagement; 26 27 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby requested to: (1)take all steps necessary to create 31 a single mobile portal for City services and information; (2) seek public input from our 32 community as to the functionality and content of the portal; and (3) provide the City 33 Council with periodic updates on the status of the portal's development until it is released. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 36 of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: R.-- City Attorney's Office CA15268 R-2 November 6, 2020 a� f ij t, , rS, ., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to Modify the Terms of the Franchise Agreement for Valet Parking at Town Center MEETING DATE: November 17, 2020 • Background: The Town Center Project ("Town Center") has been an ongoing priority of the City of Virginia Beach (the "City"). Town Center is a mixed-use development with public parking located on-street, in one surface lot and in five parking garages. The on-street parking is owned by the City as right-of-way, and the surface lots and parking garages are owned by the City of Virginia Beach Development Authority (the "Authority"). On September 19, 2018, City staff solicited proposals for the provision of valet services at the Project for up to five years (the "Valet RFP"). An evaluation committee was formed to review the two responsive proposals. The committee determined that the proposal from East Coast Valet Company, LLC, a Virginia limited liability company ("East Coast") was the highest responsive bidder and recommended that the City award a franchise agreement for valet services at Town Center (the "Franchise Agreement") to East Coast. On January 15, 2019, City Council approved the Franchise Agreement with East Coast, including the provision of two valet stands in Town Center, for an annual fee of$25,000. The Franchise Agreement is for an initial term of three years, with two optional one-year renewals. Due to the ongoing restrictions and public health considerations related to the COVID- 19 pandemic, East Coast's franchise operations at Town Center have diminished dramatically. East Coast has approached the City about reducing its operations to one (1) valet stand to be located on Commerce Street (between Central Park Avenue and Market Street) and reducing the annual fee to $12,500. Should it become viable, City staff and East Coast recommend that the previous relationship be reinstated (2 stands at $25,000 annually) at the request of East Coast. In that instance, the annual fee would be prorated over the remaining months of that year. • Considerations: The proposed reduction would allow East Cost to continue its operations and provide valet service at Town Center until such time as a full resumption of services is economically viable. a Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Decline to amend terms of franchise or propose terms of modification. ■ Recommendations: Approval ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: SGA— Parking Management Office de& City Manager: Al2 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AMENDMENT TO MODIFY THE TERMS OF 3 THE FRANCHISE AGREEMENT FOR VALET PARKING AT 4 TOWN CENTER 5 6 WHEREAS, the Town Center Project("Town Center") is an ongoing priority of the 7 City of Virginia Beach (the "City"); 8 9 WHEREAS, on January 15, 2019, City Council approved a franchise agreement 10 for valet parking at Town Center (the "Franchise Agreement") with East Coast Valet 11 Company, LLC, a Virginia limited liability company ("East Coast"); 12 13 WHEREAS, the Franchise Agreement is for a term of up to five (5) years, and 14 provides for the operation of two (2) valet stands and an annual franchise fee of$25,000; 15 16 WHEREAS, due to the ongoing restrictions and public health considerations 17 related to the COVID-19 pandemic, East Coast's franchise operations at Town Center 18 have diminished dramatically; 19 20 WHEREAS, East Coast has requested that the Franchise Agreement be modified 21 to allow for one valet stand and a reduced franchise fee of $12,500, with the option to 22 return to the original arrangement once conditions will support that level of operation; and 23 24 WHEREAS, City staff supports the modification so that East Coast may continue 25 providing valet services at Town Center. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or his designee, is hereby authorized to execute an 31 Amendment to the Franchise Agreement on the terms set forth herein and with such other 32 terms, conditions, and modifications as may be acceptable to the City Manager and in a 33 form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 36 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ='" SGA— Parking Management Office City Attorney CA15188 Pvbgov co,mDFS1\Applications\CityLawProdlcycom321WpdocslDo10WD18‘D0074036.DOC R-1 November 5, 2020 ■ z i d • M CENTRAL P�iRfK Ai1/t -200 - 22z `'`- CENTRAL PARK AVE 100- 179 L� 1 ,I-!r I Ir 0) 1 L or 2 2 Q O -.--- MAR{ET ST 200-249 ` Q MARKET ST 120- 199 O CC _6r a O i J ■ ■ ■ ■ rt 7 • _ T� CO 4 , ,,)N_ . ( .t a 2 !; q ,.. . o f •■ • : : . ,,„ -- , i Disclosure Statement Planning & Community 4 Development 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. 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 City board,commission or other body. Applicant Disclosure Applicant Name East Coast Valet Company Does the applicant have a representative? • Yes 0 No • If yes,list the name of the representative. Scott Taylor Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a 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. "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 tI iei e is uthci wise a dose wui king relationship between the entities." Sec State end Local Government Conflict of Intcrest3 Act,Va. Code§2.2-3101. 1IPage Disclosure Statement h` Planning & Community_ .-' Duelopi Known Interest by Public Official or Employee 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? ❑ Yes NI No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 21Page Disclosure Statement i Planning &U.)Co'niun1 tv- Dt4ti i .,' It 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. Applicant Signature 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 meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. I/1 j' - I: — — - Applic.nt i re Print Name and Title Scott Taylor Memher J a4 . c2.'2 Date Is the applicant also the owner of the subject property? ❑ Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 3IPape Disclosure Statement I1A3 Panning (,()I11iTi1111" ' ` - c1 elopni it Continue to Next Page for Owner Disclosure 41 Disclosure Statement NIB • • a uaxh • Planning &Community Owner Disclosure Owner Name Scott Taylor Applicant Name East Coast Valet Company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee 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? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"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. 4"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 d close working relationship between the entities.' See State and Local Government Conflict oh Interests Act,Va. Code§2.2-3101. 5 I < g Disclosure Statement Planning &Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 6I Disclosure Statement Planning & Community Development ten 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing legal the service. Owner Signature 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 meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public b dy or committee in connection with this application. Owner Signat Scott Taylor Print Name and Title November 5,2020 Date 71 ( '1/44o e 14 Iv, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate FY 2019-20 School Reversion Funds to the Virginia Beach Public Schools FY 2020-21 Operating Budget and Capital Improvement Program MEETING DATE: November 17, 2020 • Background: On October 13, 2020, the School Board was presented a summary of the un-audited financial statement for FY 2019-20 in which $30,817,755 of unspent appropriations lapsed and reverted to the City's General Fund. Additional reversion occurred in the Athletics Fund ($1,355,022) and the Green Run Collegiate Charter School Fund ($463,303). There was additional revenue in FY 2019-20 from federal, state and other revenue sources above the budget in the amount of $6,391,546. The FY 2019-20 revenues subject to the revenue sharing formula were less than budget, so there is a revenue sharing formula deficit of $2,724,349 that would reduce the amount of reversion funds. The net amount available after deducting the shortfall is $36,303,277. Historically, the City Council has appropriated such amounts based on the recommendation of the School Board. Under City Council policy, the Schools can only apply these funds to one- time obligations. In 2003, at the request of the School Board, the City Council approved an ordinance which established in the City's accounting structure the "School Reserve Special Revenue Fund". At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of this Fund, and this policy provides a limitation of"up to two (2) percent of the previous year's School Operating Budget may be placed into this fund". As of June 30, 2020, the School Reserve Special Revenue Fund had an un-audited balance of $16,849,308, of which $5,800,000 was appropriated as part of the FY 2020-21 Operating Budget for Schools. This left a balance of$11,049,308 in the Fund. However, the Schools are requesting that the City Council appropriate $5,500,000 in reversion funds to the School Reserve Special Revenue Fund, increasing the balance to $16,549,308. This represents 1.97% of the School's FY 2020-21 Operating Fund budget. • Considerations: At its October 27, 2020 meeting, the School Board adopted a resolution requesting the City Council appropriate $36,303,277 in reversion funds for the following uses and projects: • $5,500,000 to be appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2021-22 School Operating Fund; • $2,000,000 to be appropriated to the Schools Risk Management Fund; and • $13,000,000 to be appropriated to the School Operating Fund: 1. To provide a one-time bonus of $1,000 for all full-time equivalent (FTE) employees for $11,000,000; and 2. Increase the stipend amount for teachers providing dual instruction for Option 1 (face-to-face) and Option 2 (virtual) students for $2,000,000; and • $15,803,277 to be appropriated to the Capital Improvement Program: 1. $8,750,000 for Project #601026, "Lynnhaven Middle School Expansion (Achievable Dream);" and 2. $7,053,277 for Project #601015, "Princess Anne High School Replacement." • Public Information: Public information will be provided through the normal Council agenda process. The City Council will receive a briefing from the Schools' Chief Financial Officer at its November 10, 2020 informal session. Because the amount requested to be appropriated in the Operating Budget and Capital Improvement Program exceeds 1% of the FY 2020-21 Budget, a public hearing was held on November 10, 2020. The public hearing was advertised in The Virginian-Pilot legal section on November 1, 2020. • Attachments: Ordinance; School Board Resolution Submitting Department/Agency: Virginia Beach School Board City Manager: rir0 1 AN ORDINANCE TO APPROPRIATE FY 2019-20 2 SCHOOL REVERSION FUNDS TO THE 3 VIRGINIA BEACH PUBLIC SCHOOLS FY 2020- 4 21 OPERATING BUDGET AND CAPITAL 5 IMPROVEMENT PROGRAM 6 7 WHEREAS, on October 27, 2020, the Virginia Beach School Board adopted a 8 resolution requesting the City Council appropriate funds that lapsed and reverted at the 9 end of FY 2019-20; and 10 11 WHEREAS, on November 10, 2020, the City Council held a public hearing 12 because the reversion request exceeds 1% of the FY 2020-21 Operating Budget and 13 Capital Improvement Program; 14 15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That $20,500,000 is hereby appropriated to the FY 2020-21 Operating Budget 19 from the fund balance of the General Fund in the amounts and for the purposes 20 set forth below: 21 a. $13,000,000 to the School Operating Fund to provide: 22 i. A one-time bonus of $1 ,000 for all full-time equivalent (FTE) 23 employees, $11,000,000; and 24 ii. Increase the stipend amount for teachers providing dual 25 instruction for Option 1 (face-to-face) and Option 2 (virtual) 26 students, $2,000,000; and 27 b. $5,500,000 to the School Reserve Special Revenue Fund to cover 28 possible revenue shortfalls in the FY 2021-22 School Operating Fund; 29 and 30 c. $2,000,000 to the Schools Risk Management Fund; and 31 32 2. That 15,803,277 is hereby appropriated from the fund balance of the General 33 Fund to the FY 2020-21 Schools Capital Budget for the following projects: 34 a. $8,750,000 to Capital Project #601026, "Lynnhaven Middle School 35 Expansion (Achievable Dream);" and 36 b. $7,053,277 to Capital Project #601015, "Princess Anne High School 37 Replacement." 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: APP D AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci or y's Office CA15266/R-1/November 4, 2020 �,� VIRGINIA BEACH CITY PUBLIC SCHO OLS CHARTING THE COURSE School Board Services Carolyn T. Rye,Chair Kimberly A. Melnyk,Vice Chair District 5 - Lynnhaven District 7—Princess Anne Beverly M.Anderson Daniel D. Edwards Sharon R. Felton At-Large District 2—Kempsville District 6—Beach Dorothy M. Holtz Laura K. Hughes Victoria C. Manning At-Large At-Large At-Large Jessica L.Owens Trenace B. Riggs Carolyn D.Weems District 3—Rose Hall District 1—Centerville District 4 - Bayside Aaron C.Spence, Ed.D., Superintendent RESOLUTION REGARDING FY 2019/2020 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS WHEREAS, Due to the Novel Coronavirus Disease 2019 (COVID-19),Virginia Beach City Public Schools was anticipating a total shortfall in FY 2019/20 of$25 million($23 million from the local Revenue Sharing Formula and$2 million from the state);and WHEREAS,the Department of Budget and Finance responded by deactivating all procurement cards, canceling or delaying all non-essential projects and limiting purchasing to items/services essential to the emergency; and WHEREAS,the actual shortfall based on the local Revenue Sharing Formula was$2,724,349;and WHEREAS,federal, state and other revenue sources totaled $6,391,546 over budget; and WHEREAS,on October 13, 2020,the School Board was presented with a summary of the unaudited financial statements for FY 2019/20(year-ending June 30, 2020)showing the reversion amount to the city's General fund; and WHEREAS,the amount of FY 2019/20 School Operating reversion funds available(excluding revenues over/under budget) is$30,817,755;and WHEREAS,$6,391,546 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$37,209,301; and WHEREAS,$1,355,022 reverted from the Athletics fund and $463,303 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the estimated total amount available for re-appropriation is$39,027,626; and WHEREAS,the city is currently indicating a FY 2019/20 revenue actual under budget of$2,724,349 based on the Revenue Sharing Formula; and WHEREAS,the net reversion funding available for re-appropriation is$36,303,277;and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together• Value Differences 2512 George Mason Drive I P.0 Box 6038 I Virginia Beach,Virginia 23456-0038 i\seampiip VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE WHEREAS,the Administration recommends the following for the available funds in the amount of $36,303,277: • $5,500,000 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2021/22 School Operating fund 115 • $15,803,277 to be re-appropriated to the CIP fund: - Project 1-024, lynnhaven MS Expansion(Achievable Dream)-$8,750,000 - Project 1-107, Princess Anne HS Replacement-$7,053,277 • $2,000,000 to be re-appropriated to the Risk Management fund 650 • $13,000,000 to be re-appropriated to the School Operating fund 115 to: - Provide a one-time bonus of$1,000 for all full-time equivalent(FTE)employees-$11,000,000 - Increase the stipend amount for teachers providing dual instruction for Option 1(face-to-face)and Option 2(virtual)students-$2,000,000 NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2019/20 Reversion and Revenue Actual Over Budget funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of FY 2019/20 Reversion and Revenue Actual Over Budget funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 27th day of October 2020. • SEAL Carolyn T. Rye,School ar Chair Attest: Regina M.Toneatto,Clerk of the Board Put Students First•Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach,Virginia 23456-0038 www.vbschools.com ~ yZ f .rya �� t: OM, a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $301,109 from the Virginia Department of Housing and Community Development for Emergency Housing Programs MEETING DATE: November 17, 2020 • Background: The Department of Housing and Neighborhood Preservation has been notified that it is eligible to receive additional federal CARES Act funding from the Virginia Department of Housing and Community Development. The purpose of this funding is to support emergency shelter operations, targeted prevention, rapid rehousing, and administrative activities. The Department of Housing and Neighborhood Preservation proposes to use these funds to support the ongoing non-congregate (motel) shelter program for persons experiencing homelessness, as well as a small portion for staff support. • Considerations: There is no local match required for this funding. The expenditure period is from April 2, 2020 through September 20, 2022. • Public Information: Normal agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: pp 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $301,109 FROM THE VIRGINIA DEPARTMENT OF 3 HOUSING AND COMMUNITY DEVELOPMENT FOR 4 EMERGENCY HOUSING PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $301,109 of federal funding from the Virginia Department of Housing and 10 Community Development is hereby accepted and appropriated, with federal revenue 11 increased accordingly, to the FY 2020-21 Operating Budget of the Department of Housing 12 and Neighborhood Preservation for emergency shelter operations, targeted prevention, 13 rapid rehousing and administrative activities. 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: C ,6+J.&10. Budget & Management Services r 's Office CA15263 R-1 November 4, 2020 " , 4- f `4 C. r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds for the Community Emergency Response Team Program MEETING DATE: November 17, 2020 • Background: The City has been awarded $15,500 from the United States Department of Homeland Security in support of the Virginia Beach Community Emergency Response Team (VBCERT) Program. The VBCERT program educates citizens about disaster preparedness. The VBCERT trains citizens in basic disaster response skills such as fire safety and suppression, light search and rescue, team organization, disaster medical operations, and disaster psychology. Trained VBCERT volunteers are often utilized by the City as traffic control personnel at special events, which allows public safety officers to focus on other duties. • Considerations: This grant will provide funding to support the VBCERT Program through FY 2021-22. The program period is October 1 , 2020 to June 30, 2022. There is no required local match. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval i Submitting Department/Agency: Office of Emergency Management City Manager:piii) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FOR THE COMMUNITY EMERGENCY 3 RESPONSE TEAM PROGRAM 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $15,500 from the United States Department of Homeland Security is hereby 9 accepted and appropriated, with federal revenues increased accordingly, to the FY 2020- 10 21 Operating Budget of the Office of Emergency Management for the Virginia Beach 11 Community Emergency Response Team Program. 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: 111/ II> Budget & Management Services tt ey's Office CA15261 R-1 November 4, 2020 1'�.ifcrK I �Sl Z ;J., it wz✓^"� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds to the Fire Department for the Technical Rescue, Hazmat, and Swiftwater Rescue Programs MEETING DATE: November 17, 2020 • Background: Each year the City of Virginia Beach receives funding through Homeland Security Program Grants from the Virginia Department of Emergency Management. These grants support technical rescue, swiftwater rescue, and hazmat response activities. In September 2020, the Fire Department was awarded the FY20 Special Operations Technical Rescue Grant in the amount of $45,000; the FY20 Swiftwater Rescue Grant in the amount of $76,000; and the FY20 Hazmat Grant in the amount of$4,500. The funds provided will be used to purchase specialized equipment to protect first responders when they are responding to unique calls for service. • Considerations: The FY20 Special Operations Technical Rescue Grant will be utilized to purchase rescue equipment and for training to better equip the Technical Rescue Team to respond to emergencies. These types of calls for service include high angle rope rescue, confined space rescue, trench and collapse scenarios, and specialized vehicle emergencies. The FY20 Swiftwater Rescue Grant will support the purchase of water rescue gear such as personal protective equipment for responders, watercraft motors, flotation devices, dry suits and water rescue throw bags. These items are needed to facilitate safe and effective Swiftwater Rescue operations. The FY20 Hazmat Grant will be utilized to purchase fully encapsulated Level A Suits. This type of protective garment is specifically designed to provide the responder with the highest level of protection available from the vast array of toxic industrial chemicals and substances that they could encounter while engaged in a hazardous materials call. There is no required match for any of these grants. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval , Submitting Department/Agency: Fire Department . m City Manager: pir0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO THE FIRE DEPARTMENT FOR 3 THE TECHNICAL RESCUE, HAZMAT, AND 4 SWIFTWATER RESCUE PROGRAMS 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A total of $125,500 in federal funding is hereby accepted from the United States 10 Department of Homeland Security by way of the Virginia Department of Emergency 11 Management and appropriated, with federal revenues increased accordingly, to the FY 12 2020-21 Operating Budget of the Fire Department for the purchase of materials and 13 equipment in the following amounts for the appliable programs: 14 a. $45,000 for the Technical Rescue Program; 15 b. $76,000 for the Swiftwater Rescue Program; and 16 c. $4,500 for the Hazmat Program. 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: lat udnd Management Services i orri s Office CA15265 R-1 November 4, 2020 [ 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $990,576 within the FY 2020-21 Capital Improvement Program Budget and to Accept and Appropriate $187,000 from the Virginia Aquarium Foundation for CIP # 100435 "Virginia Aquarium Marine Animal Care Center" MEETING DATE: November 17, 2020 • Background: Capital Project #100435 relocates the Virginia Aquarium Marine Animal Care Center from leased space to a newly constructed facility at 1008 Bells Road. This 18,000 square foot facility will provide operational support for aquatic animal holding and quarantine of new specimens such as sharks, rays and other marine animals for Aquarium exhibits. The facility will also house the Aquarium's nationally recognized Stranding Response Program, which responds to more than 340 marine mammals and sea turtles each year. These activities are supported by more than 40 aquarium systems, a specialized seawater processing plant, and laboratory, technology and office spaces for animal care staff and research scientists. The new facility is a significant milestone that supports the Aquarium's ongoing conservation and education mission. The construction of this facility has encountered many delays and required changes, which are detailed in the attached document. The project currently has $249,902 in available funds. Because these delays and associated costs were not anticipated at the time of adoption of the Capital Improvement Program budget, a transfer in the amount of $990,576 is necessary to complete the project. In addition to the aforementioned needs, the Aquarium Foundation will donate funds to the City in the amount of $187,000 for furniture, fixtures & equipment (FF&E). This additional appropriation is not related to the described delays or cost overruns and will be used to purchase additional FF&E not outlined within the original scope of the project. • Considerations: The City staff have identified sources for the funding needed to complete the construction. These include Project #100015, "Aquarium Marsh Pavilion" ($170,000), Project #100060, "Central Plan Generator" ($50,000), and Project #100248, "Virginia Beach Library Transformation" ($339,176). The cost of the SCADA system, $431,400, will come from Project #100463, "Virginia Aquarium Renewal & Replacement III." As noted above, the donation from the Virginia Aquarium Foundation will be used for FF&E. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Contract Delays and Changes Narrative Recommended Action: Approval Submitting Department/Agency: Public Works/Aquarium City Manager: fW9 CONTRACT DELAYS AND CHANGES NARRATIVE Construction of the facility began in August 2018, with an original contract completion date of March 31, 2020. Based on multiple delays, a revised completion date of May 30, 2020 was anticipated until other significant delays occurred. In October 2018, Dominion Energy (Dominion) evaluated the site advised the City that the power service entrance would move from its original design location on the north side of Bells Road to the south side of Bells Road. Dominion provided a drawing showing primary power running along the south side of Bells Road, which served as the basis of design changes and subsequent change orders to the contractor, MEB. In March 2020, MEB notified Dominion that the electrical system was ready for inspection, installation of the transformer, and necessary power connections. Instead of installing the transformer and power runs as agreed, Dominion notified the City that there was no primary power running along the south side of Bells Road, as indicated on their drawing, and this issue resulted in several months of unscheduled delays and associated cost overruns. From March 2020 to August 2020, lease and right-of-entry discussions were held among the United States Navy, City officials, and other stakeholders. After evaluation of alternatives, it was determined that placement of the transformer and necessary power runs on City property was the only viable option. The Right of Entry agreement was finalized August 18, 2020. Design and construction changes were completed on September 5, 2020. Dominion was notified on September 6, 2020, and power was provided to the facility on October 16, 2020 ahead of the Dominion standard installation timeframe of 45 days and despite COVID-19 impacts. The new contract completion date is March 17, 2021. Because of the substantial delays, MEB has requested extended overhead from May 15, 2020 to March 17, 2021. Additionally, the Designer of Record (Waller, Todd & Saddler) is due additional construction administration fees due to various unforeseen conditions, project complexity, and life-support system testing. Finally, as a result of the complexity of the tank control system, "Supervisory Control and Data Acquisition" (SCADA) is needed to regulate life support in the aquatic environment. The SCADA system was not included in the MEB contract and will be contracted by the Aquarium Department. Contract cost for SCADA is $431,400. The total of requirement resulting from these changes/delays is $990,576. 1 AN ORDINANCE TO TRANSFER $990,576 WITHIN THE FY 2 2020-21 CAPITAL IMPROVEMENT PROGRAM BUDGET 3 AND TO ACCEPT AND APPROPRIATE $187,000 FROM 4 THE VIRGINIA AQUARIUM FOUNDATION FOR CIP # 5 100435 "VIRGINIA AQUARIUM MARINE ANIMAL CARE 6 CENTER" 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 THAT: 10 11 1 . $990,576 is hereby transferred to Capital Project #100435, "Virginia Aquarium 12 Marine Animal Care Center" from the following sources: 13 a. $170,000 from Capital Project #100015, "Aquarium Marsh Pavilion;" 14 b. $50,000 from Capital Project #100060, "Central Plant Generator;" 15 c. $339,176 from Capital Project #100248, "Virginia Beach Library 16 Transformation;" and 17 d. $431,400 from Capital Project #100463, "Virginia Aquarium Renewal & 18 Replacement III." 19 20 2. $187,000 is hereby accepted from the Virginia Aquarium Foundation and 21 appropriated, with miscellaneous revenues increased accordingly, to Capital 22 Project #100435, "Virginia Aquarium Marine Animal Care Center," for furniture, 23 fixtures, and equipment. 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: aeLiv. l.1 - - (4---katif50 Budget & Management Services Atto, 'ey's Office CA15264 R-1 November 4, 2020 i CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Transfer Federal Funds from Capital Project # 100424 "Traffic Safety Improvements III" to Capital Projects # 100481 "West Great Neck Road Sidewalk" and # 100212 "Independence Boulevard / Baxter Road Sidewalk" MEETING DATE: November 17, 2020 • Background: The Transportation Alternative Program (TAP) is a federally funded transportation initiative intended to help local sponsors fund community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of transportation infrastructure. The TAP focuses on providing pedestrian facilities, bicycle facilities, and community improvements. The Buckner Boulevard Shared-Use Path provided a 10-foot wide shared-use path along the south side of Buckner Boulevard from Rosemont Road to the western intersection of Rica Drive, a distance of approximately 0.6 miles. Within the Capital Improvement Program (CIP), the Buckner Boulevard Shared-Use Path was a sub-project within CIP Project #100424, "Traffic Safety Improvement III Program." The Buckner Boulevard Shared-Use Path project was completed under budget in October 2017. Therefore, Buckner Boulevard has excess federal TAP funds remaining. The Virginia Department of Transportation (VDOT) allows excess federal funds from completed TAP projects to be transferred to other active TAP projects within a locality, provided the Commonwealth Transportation Board (CTB) approves the action. CIP Projects # 100481, "West Great Neck Road Sidewalk" and # 100212, "Independence Boulevard / Baxter Road Sidewalk" are existing, active TAP projects that would be eligible to receive excess federal TAP funding. The amount of federal dollars proposed to be transferred from TSI III to the two eligible projects is $141,850: • $118,869 to "West Great Neck Sidewalk" (# 100481) • $22,981 to "Independence Boulevard / Baxter Road Sidewalk" (# 100212) In October, the CTB approved a transfer of excess federal TAP funds from Buckner Boulevard Shared-Use Path to these two alternative projects; however, the official report from the CTB misstated the amounts each project will receive. VDOT confirmed that the amount listed in the public CTB documents was in error and that the correct amounts, as requested by the City, are the amounts shown above. It is likely that the CTB will formally correct this error at its November meeting. Despite this mix-up, VDOT has administratively programmed the accurate amounts in its own system. • Considerations: The excess federal TAP funding for the Buckner Boulevard Shared-Use Path sub-project within CIP Project #100424 must be transferred to another active TAP project within Virginia Beach or the funds will be returned for allocation to eligible projects elsewhere in the Commonwealth. • Public Information: Normal City Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Maps Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 00 1 AN ORDINANCE TO TRANSFER FEDERAL FUNDS FROM 2 CAPITAL PROJECT # 100424 "TRAFFIC SAFETY 3 IMPROVEMENTS III" TO CAPITAL PROJECTS # 100481 4 "WEST GREAT NECK ROAD SIDEWALK" AND # 100212 5 "INDEPENDENCE BOULEVARD / BAXTER ROAD 6 SIDEWALK" 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $141,850 in federal revenue provided by the Transportation Alternatives Program 12 is hereby transferred from the Buckner Boulevard Shared-Use Path sub-project within 13 Capital Project # 100424, "Traffic Safety Improvements III" to the following projects: 14 15 a. $118,869 to Capital Project # 100481, "West Great Neck Road Sidewalk;" and 16 17 b. $22,981 to Capital Project # 100212, "Independence Boulevard / Baxter Road 18 Sidewalk." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services A ney's Office CA15262 R-1 November 4, 2020 , ' '- ' Z (41',;.iiii M61111.1L.1171. 1 1 414"rig% I a W —0 --- E . , 1 / . _ NINA DR IRGINIA BEACH .LVD A I— r % 1 = . 11111.• 1 L1.1 ? ] , ,, p s • -----_-_ ,i k.,4,-,,: >. .-Tr.,17. 11 Lik_ PINTA LIN Ca3 c\ > H - W y . 1 1-264 'Si < ° I 0 T11' *0.01V.A., 1fAll 4* 1 n s -.\' s ' 11:i/ 'i LI 0 . wwwilI ‘s...` . li Z ' ‘ </el IV-• 3L"jc \ CO \(I) -;.-1r4i:sTA ;1 l'c, --":_: ' Aote L '0,..",. tui ,-L-•,._,--._ ,,, , _ ,./ ., •0 _____4_, `- fre0j/II- ,'C'1-?C.-- 0 Ol - . = (<sd"P et1174 i 1 ky?'‘494 V' ill 41 N i I I W L 1_i : , -14t-,--- 0 4-,' wO' - - - -' - 6s,p 41cAti Cby ' 'GA, ° A O.(+ 0 t1PkttIC4 Illid#11 'Z r- --- /-4,47,q41,'„- "15212 sio -) / Ci, 4>/.2•4;44t-04f ,„.. • olg , . /----___ . (,)-7 i N\ a Independence Boulevard/ X i \ ,i v Baxter Road Sidewalk#v\ \-z-Altird c------------------\__-i' , - \, s' 0 >I - ) ,,\ZP. ,, --, \ •-k {0 . \ \ ) •,s:31,-,- 2 )• -C-174,44-12r'---7. f r 0 \ ------ -----" --_, ,- --, - FI k. , Q- c` ,., --,--D0.4-TOWDR\ ,\\ ,jrv- ------ -,--,.. II \\\\ -- ' , i-5,---- 0 41r / . co , ._.---\ ,...„, ,/. ///----, i N- \ - _ / // , , ,-- „ N --- / / Y \ cz z -// - •, ' _::!'-. ' -\,..,- ', / ,/,/ 5.7,r' 7/j >,.. l / > --... ,. / ./<2/,.., . , , /// , --_ --,, 0 / 0 ,:- \, LOCATION MAP y /, -% <)- 6 /4- , ) Independence Boulevard/ / 0 a& \>_7, , Baxter Road Sidewalk 0 25 .. Feet 0 500 1,000 I A.. 1 . .1 I A PA A "•_. II J„, .•• •,‘• • . •••••, ••• .•oft•—•••••• ••••-••..“—voAr A—•-•-••-••• i I i Ai i / p P' { I j 6Q N s� *\ I ie- 1 I r.,n ©� W 1 E %" `7 - s. ' S -R0 \' . \ /7. ' -'71cP cl_1:\ r`' \\ QP SITE l+F i 4 ��C s1 0+ 0 ri l 1 p ,.1 �a 0 '--cn t_ Cyr /O� f - r\, ,= \\\ 0 (' h -Tr-T BROAD g-, or__ .____l:::,.:_____ ° IF Concrete Sidewalk Niiic4,1-.--_.-_-_:---- _, _\0\-- -as CANAL RD r 4 Z C- -,-,4' 11/11 .1i1:4t,.18.1 s Cil Eli MB P °Li —Li 0 El Ein ET: [2:3 r-11-,,_, - 0 ‘Ilk:\ 13 --- .-ADAM'KEELING-RD=-- ��'\ -x\\4111114 r ,... .r7/ \\ \ \•••f,; hi lira, ' ,,,,---1) __ - :- „,...„, A \ \ - ,... ... , ,._ ,T ) _, a ,, ,, . ._, 7,,„ \,,, , ..,\ \ ,,„,,,,.,. „ ,(:, ,-------------_„ \ A ..„,„,„;,,,,„,,,.. ,u),„ " CM — Af 7, „II „,,, i /,----- -- D 0 1% i, , - -lik _(, NI 0 k 1 :,_ _ \\,,.... , ; \---- . c-\\\\ y ° ° 111% \\'''' '''''''\- -, \ ____:_____,,,,_ - ,..(.17:7::"-:-- Iiiii\ ' ' ''3)' ° ‘‘..--- V ,, „ c") 0 RI "Ao \\ \\ ;\ fit' \ , Q '' i,_-.-, , m � ,v �lv 6 (�Z Z \ i', OO ✓ p LOCATION MAP , \\,, Z WEST GREAT NECK ROAD SIDEWALK G'-'- .1:7:'' �' Feet n �� 0 200 400 800 J. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum lot area at Shell Road between 1412 Duck Run Court and 5145 Shell Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. DONALD H. & DIANE F. HORSLEY for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum 150-foot lot width and 120-foot street line frontage requirements at 3340 Ives Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. RUTH B. WILSON for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum upland acreage requirement for lot area at 865&877 Sandbridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. HAL J. & DEBORAH WOOLARD for a Street Closure re 15-foot-wide platted, unnamed, and unimproved alley, totaling 375 square feet adjacent to 833 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JON S. & DEANA M. HESS for a Street Closure re 15-foot-wide platted, unnamed, and unimproved alley, totaling 375 square feet adjacent to 837 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. LATIFAH PRIVOTT/ ANTHONY PRIVOTT for a Conditional Use Permit re family day- care home at 4494 Cherrywood Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 7. VALVOLINE INSTANT OIL CHANGE/ JOHN & RITA NINOS for a Conditional Use Permit re automobile service station at 5101 Virginia Beach Boulevard DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 8. MCNEEL PROPERTIES/DARE ASSOCIATES for a Conditional Use Permit re automobile repair garage at 4901 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. ARROWFIT HUMAN PERFORMANCE, LLC/ISIS & ROBERT ARROWSMITH for a Conditional Use Permit re home occupation at 1209 Funnell Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. DALE WOODEN for a Conditional Use Permit re home occupation at 6336 Blackwater Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 11. LOUIS PERRIN for a Conditional Use Permit re residential kennel at 2121 Munden Point Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 12. GG PROPERTY MANAGEMENT, LLC/REDELL LANE for a Conditional Use Permit re short term rental at 713 Northgate Court DISTRICT 3 —ROSE HALL RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 13. SHELLY ARNOLDI for a Conditional Use Permit re short term rental at 3921 Whopping Crane Circle DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 14. VALERIE TAYLOR for a Conditional Use Permit re short term rental at 3644 Britt Terrace DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 15. SHELLEY GAIL DAGENHART for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue Unit 2B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. ANDREW KUTSCH GREGORY for a Conditional Use Permit re short term rental at 514 Pinewood Drive DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 17. SEAN REILLY for a Conditional Use Permit re short term rental at 604 23`d '/z Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. RED LION PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1009 Barclay Square DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 19. JUSTYCE SWANGO/ JASON & INDIA SWANGO JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 811 Delaware Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. LAWRENCE & SUZANNE OLESZKO for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 117 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL rE °. . z eb 55) - �VJJ NOTICE OF PUBLIC HEARING A Regular Public Hearing of the Virginia Beach City Council will be held in the Virginia Beach Convention Center,located at 1000 19th Street,Virginia Beach,Virginia 23451,on Tuesday,November 17,2020 at 6:00 p.m.,at which time the following applications will be heard: Latifah Privott[Applicant]Anthony Privott[Owner]Conditional Use Permit(Family Day-Care Home)4494 Cherrywood Lane(GPIN 1486202258) COUNCIL DISTRICT-CENTERVILLE Dale Wooden[Applicant&Owner]Conditional Use Permit(Home Occupation)6336 Blackwater Road(GPIN 1397459926)COUNCIL DISTRICT- PRINCESS ANNE Donald H.&Diane F.Horsley[Applicants&Owners]Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)3340 Ives Road(GPIN 1480187240)COUNCIL DISTRICT-PRINCESS ANNE ArrowFit Human Performance,LLC[Applicant]Isis&Robert Arrowsmith[Owners]Conditional Use Permit(Home Occupation)1209 Funnel)Street (GPIN 1469903903)COUNCIL DISTRICT-BAYSIDE McNeel Properties[Applicant)Dare Associates[Owner]Conditional Use Permit(Automobile Repair Garage)4901 Cleveland Street(GPIN 1477145464)COUNCIL DISTRICT-BAYSIDE Ruth B.Wilson[Applicant&Owner]Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)865&877 Sandbridge Road(GPINs 2423474501&2423475730)COUNCIL DISTRICT-PRINCESS ANNE Thomas A.Brown[Applicant&Owner]Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Shell Road,between 1412 Duck Run Court and 5145 Shell Road(GPIN 1469832680)COUNCIL DISTRICT-BAYSIDE Louis Perrin[Applicant&Owner]Conditional Use Permit(Residential Kennel)2121 Munden Point Road(GPIN 2307684775)COUNCIL DISTRICT- PRINCESS ANNE Valvoline Instant Oil Change[Applicant]John& Rita Ninos [Owners]Conditional Use Permit(Automobile Service Station) 5101 Virginia Beach Boulevard(GPIN 1467854801)COUNCIL DISTRICT-KEMPSVILLE Hal J.&Deborah Woolard[Applicants&Owners]Street Closure adjacent to 833 S Atlantic Avenue(adjacent GPIN 2426379818)COUNCIL DISTRICT -BEACH Jon S.&Deana M.Hess[Applicants&Owners]Street Closure Adjacent to 837 S Atlantic Avenue(adjacent GPIN 2426379833)COUNCIL DISTRICT- BEACH GG Property Management,LLC[Applicant]Redell Lane[Owner]Conditional Use Permit(Short Term Rental)713 Northgate Court(GPIN 1486855371)COUNCIL DISTRICT-ROSE HALL Shelley Gail Dagenhart[Applicant&Owner]Conditional Use Permit(Short Term Rental)2113 Atlantic Avenue,Unit 2-B(GPIN 24271868788230) COUNCIL DISTRICT-BEACH Andrew Kutsch Gregory[Applicant&Owner]Conditional Use Permit(Short Term Rental)514 Pinewood Drive(GPIN 2427048415)COUNCIL DISTRICT-BEACH Sean Reilly[Applicant&Owner]Conditional Use Permit(Short Term Rental)604 23rd Y2 Street(GPIN 24179829070002)COUNCIL DISTRICT- BEACH Valerie Taylor [Applicant&Owner] Conditional Use Permit(Short Term Rental)3644 Britt Terrace(GPIN 1487562140)COUNCIL DISTRICT- LYNNHAVEN Red Lion Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)1009 Barclay Square(GPIN 24179401679380)COUNCIL DISTRICT-BEACH Shelly Arnoldi[Applicant&Owner]Conditional Use Permit(Short Term Rental)3921 Whooping Crane Circle(GPIN 1580006354)COUNCIL DISTRICT -BAYSIDE Justyce Swango[Applicant]Jason&India Swango Joint Revocable Living Trust[Owner]Conditional Use Permit(Short Term Rental)811 Delaware Avenue(GPIN 2417932240)COUNCIL DISTRICT-BEACH Lawrence & Suzanne Oleszko [Applicants & Owners] Conditional Use Permit (Short Term Rental) 4005 Atlantic Avenue, Unit 117 (GPIN 24280514483910)COUNCIL DISTRICT-BEACH 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 23452 or online at http:/1www.vbgov.com/pc_F nformation call 757-385-4621. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: r:tt u':L/vbhay.wehex.com/vtjgov/onstage/e nhn7M TI D=eRf 7d SRRFi4R699aP'i.91 d 52a3 b4332aa 5= 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 November 17,2020. 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-NOVEMBER 1&8,2020-1 TIME EACH L_ c S She11Road---s`_. Shell Road-- lagessasiw Shell Road c,� -R-40 , . fk\ R'40 ' ,A\ _, ,, Ili %III 4. , , ---71 . ,„, /1606\ ..i.,,, --sk...,„,41 - \ 1 .Th „9-=--\\> ,----\ ,, , i ,-- e . V A Site Thomas A. Brown WA� ,; Pro ert Shell Road, between P Y Y9 _Pol ons Zoning 1412 Duck Run Court & 5145 Shell Road Parking Lot Drive Aisle - — —Feet Building 0 25 50 100 150 200 250 300 �� � zsinaS4 �•ti1ig CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located along Shell Road between 1412 Duck Run Court and 5145 Shell Road (GPIN 1469832680). COUNCIL DISTRICT — BAYSIDE MEETING DATE: November 17, 2020 • Background: The applicant is seeking a Subdivision Variance to reconfigure two undeveloped parcels along Shell Road in the Bayside District. As currently recorded, neither lot meets the minimum lot area standard of 40,000 square feet and only one of the lots meets the minimum 125 foot lot width requirement for properties zoned R-40 Residential District. As the proposed reconfiguration of the parcels results in a further reduction in lot area for Parcel A7, a Subdivision Variance is required in order to replat the properties. • Considerations: While both lots will remain deficient of the minimum lot area, the resubdivision will result in a balance of square footage between the lots as each lot is proposed with approximately 32,000 square feet. Also, the reconfiguration results in both lots now meeting the lot width requirement. The property owner has the ability to construct two single-family dwellings on these parcels; however, in Staff's view and the Planning Commission concurred, the proposal results in the elimination of an oddly shaped lot and results in two lots that are comparable in terms of size and shape. Access to Lake Smith will now be provided to both lots, and while not specifically germane to the application likely results in a more desirable layout for future homeowners. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Staff received a petition of opposition with 31 signatures from the Lakeview Park Civic League, and there was one speaker in opposition at the October 14, 2020 Planning Commission public hearing. The speaker was the president of the Lakeview Park Civic League and stated the concern that granting a Subdivision Variance for a lot under the minimum lot area requirement would set a precedent. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. Thomas A. Brown Page 2 of 2 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Exhibit for Site A7 and Parcel Designated as `H G Felton, DB 580 P 307'," and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. If deemed necessary during final plat review, the subdivision plat shall comply with the Subdivision Regulations for right-of-way dedication. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Opposition (31 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: (, )) Applicant& Property Owner Thomas A. Brown Agenda Item IBPublic Hearing October 14, 2020 City Council Election District Bayside City of 4 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) <ake,4 8h,e,Laneasse/,So. Scp Staff Recommendation `''esas °a° oza R,„, re,s o- .P Approval Sh"stoo,DN.. ,c�a�� ` ( Staff Planner j a`90p�e°°lea Hoa N. Dao � Location VidWill411% shd h t Road % 11-1--1616 --- Shell Road, between 1412 Duck Run Court & 5145 Shell Road GPINs 1469832680& 1469832476 + Site Size - 64,164 square feet 4111 AICUZ \04 .94(14 Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 1, V ' '' ,-. " ' - e°so� .. `On - - 1 i Undeveloped lots/R-40 Residential NoR„ ' OP 1 Surrounding Land Uses and Zoning Districts '4 ,'T ; � s_bg North Shell Road Undeveloped lot/ H-1 Hotel ""' '� South Lake Smith � ; Single-family dwellings/ R-40 Residential Illir East Single-family dwellings/ R-40 Residential tia West 1*` . 4 Single-family dwellings/ R-40 Residential Thomas A. Brown Agenda Item 4 Page 1 Background & Summary of Proposal • The subject parcels were plated in 1983 (MB 166, P 31). • The applicant is seeking a Subdivision Variance to reconfigure the two undeveloped parcels, neither of which meets the minimum lot area standard of 40,000 square feet for properties zoned R-40 Residential District. • As the proposed reconfiguration of the parcels results in a further reduction in lot area for Parcel A7,a Subdivision Variance is required in order to replat the properties. • As existing today,only one of the two parcels meet the minimum 125 feet lot width requirement.The proposed reconfiguration will result in both parcels meeting the minimum 125 lot width requirement for lots in the R-40 Residential District. • As depicted in the table below,the minimum lot area of 40,000 is not currently met nor will it be met with the resubdivision; however,the reconfiguration results in a balance of square footage between the lots. Minimum Lot Area Existing Lot Area Proposed Lot Area Existing Lot Width Proposed Lot Width (square feet) (square feet) (square feet) (feet) (feet) Parcel A7-1 40,000 27,030 32,082 231.25 158.26 Parcel A7-2 40,000 37,134 32,082 52.01 125 R'0 l R.20 - __ , .�S. 1 /� ,� 1V t 1 i _..- •off , � t ` we r t R-IE C 1, p 7 _ 6 \ WI/ No Zoning History to Report III 0 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 existing parcels do not meet the minimum requirement of 40,000 square feet of lot area and Parcel A7 does not meet the minimum 125 feet of lot width for parcels in the R-40 Residential District. Other than the deficiency of lot area, reconfiguration of the parcels brings both parcels into conformance with the Zoning Ordinance dimensional standard for lot width for properties zoned R-40 Residential District.The layout will eliminate the odd lot shape of Parcel A7; improve Thomas A. Brown Agenda Item 4 Page 2 the building envelopes for both parcels;and result in two lots that are comparable in terms of size and shape. Based on these factors,Staff supports the requested variance. While not germane to the application,the applicant intends to sell these parcels as vacant land and believes that the proposed arrangement will improve the marketability of the lots.As these parcels could be developed with two homes as a matter of right and that the applicant does not plan to develop these parcels,exterior building elevations were not requested nor submitted. At the time of the writing of this report, Staff was not aware of any opposition to this request.Staff recommends approval of the application subject to the condition listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Exhibit for Site A7 and Parcel Designated as'H G Felton, DB 580 P 307'," and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. If deemed necessary during final plat review,the subdivision plat shall comply with the Subdivision Regulations for right-of-way dedication. 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 a careful mix of land uses and compatible infill development,site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility,and promotes sustainability and responsive action to changes in our environment. 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. Thomas A. Brown Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shell Road No Data Available 8,700 ADT 1(LOS 3"D") Existing Zoning—20 ADT Proposed Land Use 2—20 ADT 'Average Daily Trips 'as defined by two residential 3 LOS=Level of Service dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shell Road is a two-lane undivided collector road. There are no plans to improve this portion of Shell Road at this time. Public Utility Impacts Water & Sewer City water and sanitary sewer services are available to connect for both parcels. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 13, 2020. Thomas A. Brown Agenda Item 4 Page 4 Proposed Site Layout EXISTING CONFIGURATION SHELL ROAD S83'0594'E 28326 0/A at 158.281 125.09 729• ... 52.01' ffi. x HG FELTL:N f j C (D-d SBO,PG.3071 'N .DENO'ES PROPERTY b t I. AR. H G FELTON 4E TC BE VACATED' /N/FI f In 'MA S TR..r- S GP/N.74894J-2680 to PARCEL A7-2 Z <'ONEL.RJC N.2 =32E182 S.F OR PARCEL Al 0.737 AC. AREAL 37,134 SF DRO.A'SJAC. PARCEL A7-1 APE T'OI/ASA BROMH ti AREA=32.082 S.F.OR mark ZO198927300D8f4649�" PARCEL A6 r'P/N.•146443447S i PARCELA/t" R`14,,0 AW SL/S4NJ ER/CKSOV J 77AAO771YTRC4RIDGE (37,134 SF) (/1VS1R 20137702000771450) DPW 1462.43-44.91 �ww ZONRV-R40 �g IlL:11 Y /�� AFPRAXNN7EL[A.4^LOCATION i-OF WATER PER PLAT OF Z V REC RD/,M-B/66PG 31JLz5528428a•- =200y07 � 84.,.-PA'' N81°32'51'S 111.35'(TIE ONLY) APPROXIMATE LOCATION LAKESM/TH - YRAT7741EOF SURVEPROPOSED RECONFIGURATION SHELL ROAD I S8310S'04-E 283.26 Ora 158.26 125.00' PAaE1 . • PMyF1 S H G FEL TON (odic seg.PG JD7J t •r� (ALB.166,PG.31J % .ENOTES PROPERTY i , AREA:1L030SF.OP0811 AC .....7 LOIE TO BE VArAIED 7.7 N N/FJOHNF ADKISSON t PARCEL A7-2 nv FJ q m MOLLY'A.GILLIKIN ry ,{ sRL1/W4.WR/GHr R (32,082 SF) R r /rn's' 10r 04.99000Ist'330/ At;h 3 3--,N IT- AREA=32,082 SF OR PARCEL A7-1 PARCEL AP p737AC. AREA.37.134 SF (32,082 SF) OP0..853 AC. PARCEL A7-1 ASP THOMASA BROWN ry0�ry PARCEL A6 AREA.32.082 S.F.OR (/AC m 10/90 9150 0 08f4849 0.737 AC. GP.W 1411043d08 ZONED:R49 �+' NA- .b SOSAN./ER/FSON 1 A °I' a TIMOTHY 7/OBR/OGE il4 * (/NS/R 101X702000 77 14 501 Q ^4 GPM/1469-B33491 • O ZONED R40 APPROX/R47ELGCAT.ON 2 k 1 , -OF WATER PER PLAT Cr gZ '9 RECORD(M.B 158PG 31) Lat12�' L=11784• 1 i yam_ `R 00 P/N/FI \ �N84'32'S11N 111.35'(T1E ONLY) APPROX/AMIELOCA77ON LAKE SM/TH - OF WATER su AT TIME OF RVEY Thomas A. Brown Agenda Item 4 Page 5 Site Photos , Et ' 4. ..9. , Y 1 vk 'Wiz{ t i Thomas A. Brown Agenda Item 4 Page 6 Disclosure Statement NIB APPLICANT'S NAME 7X-' 1'A DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property' Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.don for (EDIP) Board of Zoning .eats Encroachment Request Rezoning _ — — Certificate of I 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 thev l av-. a conflict of inter st wide, VirQir is law. • SECTION 1 / APPLICANT DISCLOSURE [FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Piannin Commission and Cit Council meetin that i ertains to the a;,lication(s). Irj APPUCANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DATE t t.04.2020 0 REVISIONS SUBMITTED DATE: Thomas A. Brown Agenda Item 4 Page 7 Disclosure Statement \/13 Virjini,tt,-ai'h Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the A PLICANT___a a corporation, partnership, firm, business, or other unincorporated organization. /Q (A) List the Applicant's name:___ O 14T ,4 ^'���� 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ff property owner isdifferent from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. /Q (A) List the Property Owner's name: -� `r 4. ^��O 74mini If an LLC, list the member's names: Page 2 of 7 Thomas A. Brown Agenda Item 4 Page 8 Disclosure Statement 1/3 Virginia tti a,:h 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) I "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_ eratinq 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 Thomas A. Brown Agenda Item 4 Page 9 Disclosure Statement NA3 APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER Wee additional sheets it needed) J (� Accounting and/or preparer of t your tax return ❑ Architect/Landscape Architect/ / Land Planner �A . /C 4 mole Ach,f-tcd ❑ Contract Purchaser(if other Li the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ IE<1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nM Construction Contractors nEngineers/Surveyors/Agents Ay /pyre Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition . or construction of the property) Z s j# I€ M441.ICA( (4 Legal Servkes i c4 !fie Ate Atde Real Estate Brokers/ Agents/Realtors for current and (i„ anticipated future sales of the A.�06� subject property yA� ,r. ..,7147) 744 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 Thomas A. Brown Agenda Item 4 Page 10 Disclosure Statement 1/113 pima 13eacti CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ _ APPLICANT'S SIGNATURE PRINT NAME A E Page 5 of 7 Thomas A. Brown Agenda Item 4 Page 11 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. Thomas A. Brown Agenda Item 4 Page 12 Item # 4 Thomas A. Brown (Applicant & Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Shell Road, between 1412 Duck Run Court and 5145 Shell Road October 14, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Okay, next item is Thomas A Brown, a Subdivision Variance (Section 4.4B of the subdivision regulations) at Shell Road between 412 Duck Run Court and 5145 Shell Road. We have one speaker registered on this. Mr. Brown: Good afternoon. I am Thomas Brown. Can I have this put up on a projector or can I pass out, is it acceptable? Ms. Oliver: I do not know if we are able to put it on a projector, but we can certainly pass it around. If you will just hand it to Mr. Tajan here and he will make sure that we see it. Mr. Brown: It is basically page five of the Staff report, just with my notes of what I am presenting, which if you look at page five the upper lots they show are the existing lots and the lower or the proposed lots, which basically we are just leaving the lots as they are just only changing the line that divides them. So, the whole property remains the same, just changing the dividing line to make the lots look better. The existing lots have three nonconforming issues, but with our change, we have eliminated two of the non- conforming issues, that you only have one nonconforming issue on the remaining ones. And, you are making the lots look a lot better with the house configuration looks a lot better, you basically are eliminating that flag lot where it looks like one house is actually almost like in the backyard of another house. So, all in all, I think it makes it look better from pretty much everybody's perspective, it would look better. The Civic League opposes it and understand their opposition that they do not want to create a precedent that they are allowing lots less than 40,000 square feet, because a lot of builders come into that neighborhood and want to take a larger lot, and then divide it and end up with something less than 40,000. But, our two existing lots already are less than 40,000. So, even allowing this I do not think you are creating any precedent that is going to hurt the Civic League in the future, because we are eliminating two nonconforming issues. And, the one that remains is the one that was there to begin with 1 that you are less than 40,000 on with one that that remains and the previous ones. So, I asked them, I think it is a good project from everybody's perspective, really. But, I think it is going to be better for the city because it is going to look better, anything that looks better, is better for the city. And, I actually think if the Civic League looks at it, it actually is going to look better, but they just do not want a bad precedent that I do not think it creates the precedent that they are worried about. That is it. Mr. Weiner: Any questions for Mr. Brown? Okay. Thank you, sir. Mr. Brown: Okay, thank you. Ms. Dozier: We call Paul Calhoun. Mr. Calhoun, when you approach a podium, if you could state your name for the record, please. Mr. Weiner: Welcome sir. Mr. Calhoun: Good afternoon. Honorable Members of the Planning Commission thank you for your time and allow me to speak. I am Paul Calhoun, I am president of the Lakeview Park Civic League. This variance, as Mr. Brown said, and I agree with him is unique to any other variances that normally Lakeview Park Civic League argue against. Both the lots are under the 40,000 square foot, they were grandfathered in probably I want to say around 1963 or something like that. Like I said, one of the lots does not have the required street frontage for R40. So, both lots are nonconforming. I had a really nice conversation with Mr. Brown yesterday and talked to him, reviewed the plat and looked at it and actually, in all aspects, I agree with what he is doing, it makes both lots more appealing, more attractive, and both of them will have waterfront access, there will be waterfront properties. Our only concern is that both the parcels are around 32,000 square feet and, so, it would be under the 40,000 minimum for R40 lot. So, in our case, it sets kind of a precedent and it is just a concern for the neighbors and the residents of Lakeview Park. I did kind of put out a query for a survey for the residents and I think you all have it on file. There was a petition that went out and 35 people out of the emails that we had that we sent out 35 were against it and five were for it. And basically, our concern is that this potentially could set up a precedent. But, there is a lot of caveats to these parcels, since none of them are compliant. And, the applicant is definitely making the lots more attractive to anybody. So basically, we just want to be on the record saying that the residents, we purchased the property, because we like the R40 zoning, Lakeview Park is like, one of the best, and I am sure all of you all been out 2 there and taking a look at it. And, it is like one of the best kept secrets in Virginia Beach, you are five minutes away from everything, but then you are almost in like on a farmland. And, for over 45 years, the city has maintained the integrity of R40 zoning. It is actually mentioned in past comprehensive plans. Although, I totally understand the reasoning behind the applicant's proposed variance, we are just concerned about any type of precedent that may be set going forward, because, like Mr. Brown said, occasionally, we will get a developer come in there, and they will see it as an opportunity to subdivide the parcels, a single parcel into postage stamp sized parcels and so. We want to maintain the type of land that we purchased and lived on. So, I thank you for your time. Mr. Weiner: Thank you, sir. Any questions? Mr. Redmond. Mr. Redmond: Mr. Calhoun, there are a number of lots in Lakeview Park that are not 40,000 square feet. Is that true? Mr. Calhoun: That is correct. But they were grandfathered in prior to most of them there has not been a subdivision on a parcel in 40 years, where the other parcels where it was subdivided was not 40,000 square feet. Some of them are grandfathered in way back in the 60s and the surrounding areas in the 50s where they created, but really, I will say 45 years, there has not been a single parcel that was been subdivided less than 40,000 square feet. Mr. Redmond: Okay. Thank you. Mr. Weiner: Any more questions? Thank you, sir. Mr. Calhoun: Thank you. Mr. Weiner: Mr. Brown, did you want to add anything, you can rebut anything? Mr. Brown: The only thing I can say is, we are not creating a lot, I can say he is concerned that they do not want to have any lots created under 40,000. But, we are not really creating any and we are just making a minor adjustment to these that are already under 40,000 to make them look better. And, I think a lot of people that are opposed maybe then, because their opposition just came in the last couple days. If I would have known about it, I would have gotten maybe went to a Civic League meeting or something. But, I think a lot of people that are opposed if it was really shown to them like what I have there. I think they might not be that opposed because I think even Mr. Calhoun agreed it makes the lots look 3 better. So, I guess my main point is, we are not creating a lot that we need a variance on. And really, we are not changing the nonconformity. It is just because we are changing it a little bit, just technic technically have to come back for a variance. Thank you. Mr. Weiner: Okay, thank you, sir. I guess we will close that and open it up for a discussion or a motion, Mr. Redmond. Mr. Redmond: There are in fact a number of lots in Lakeview Park that are not 40,000 square feet, this is not a unicorn. And, it is true that the configuring of the lots not only look better, but they simply work better. I mean, I think it should not take a lot of deep thought to understand that more regularly shape lots of a more uniform size, are simply a better land use pattern than what we have here. I live not far from here. My lot is 26,000 square feet. I cannot keep up. These are big lots, by any stretch of the imagination this is a large lot, three quarters of an acre, more than added in acres 43,560 these are large lots. I do not see what the harm is in reconfiguring these in such a way that they just work better. And, it is a better land use pattern. There are folks who are opposed to things sometimes I think for reasons which are too rigid. And, this may be one of them. But, I do think this is a sensible justifiable change that is for the better and I will support it. If anybody has any other comments I want to let him speak and I will be happy to make a motion, George wants to say something over there. Mr. Alcaraz: Mr. Redmond, I concur just one thing that I am pretty familiar with this is not a subdivision it is a re-subdivision, relocating property lines and if you weigh the two nonconformities out for each lot, one has one nonconformity, one has two now, they only have one each. So, it is a better situation. So, I concur and I agree I would support it too. Mr. Redmond: Thank you. Mr. Weiner : Any other comments. Mr. Wall. Mr. Wall: I appreciate the Civic League and their efforts to maintain the integrity of the lot size in the neighborhood, but in this case it seems like it is betterment, and it does not seem like it would be a detriment to the neighborhood due to the align the lot lines the way that they are shown. So, I am going to support it. Mr. Brown: Awesome. 4 Mr. Weiner: Okay, any other comments? Mr. Redmond: Mr. Redmond: Mr. Chairman, I move approval of agenda item number four. Mr. Alcaraz: I will second. Mr. Weiner: Mr. Redmond has made a motion and Mr. Alcaraz has made a second. We are ready for vote. Ms. Cartwright : I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: By recorded vote of 8 to 0 agenda item number 4, has been approved. 5 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Exhibit for Site A7 and Parcel Designated as `H G Felton, DB 580 P 307'," and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. If deemed necessary during final plat review, the subdivision plat shall comply with the Subdivision Regulations for right-of-way dedication. 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 10/12/20 Lakeview Park Residents Against Resubdivision of the Shell Road Parcels The officers of the Lakeview Park Civic League offer the following arguments against the Resubdivision of the parcels located at Shell Road (GPINs 1469-83-2476-0000 and 1469-83-2680-0000). The property owners of the Lakeview Park Neighborhood are 100%against the Resubdivision of said parcels. Although we understand the applicants desire to create 2 waterfront lots,our concern is that the 32,082 sq.ft. parcels is far lees than the 40,000 sq.ft. minimum requirement for a parcel zoned R40 and therefore sets a dangerous precedent for our area. The residents of the Lakeview Park Neighborhood purchased property in this area specifically because of the size of the parcels with the understanding that the integrity of the R40 zoning would be maintained. For over 40 years the residents of Lakeview Park have opposed the creation of any parcels under the 40,000 sq.ft. minimum and to this day the 40,000 sq.ft. minimum has been maintained by the City of Virginia Beach. By allowing this variance to the R40 zoning,the residents of Lakeview Park are concerned this sets a dangerous precedent where potentially all the parcels can be resubdivided. For this reason,the Residents of Lakeview Park are opposed to this variance. We will be providing a petition consisting of the signatures of those residents opposed to the variance by the end of 10/12/20. Kind Regards, Paul Calhoun (President Lakeview Park Civic League) Proposed Resubdivision of Parcels on Shell Road The property owner of the two parcels located on Shell Road has applied for a variance to alter the existing property line so both parcels will have the same square footage and waterfront access. Currently, neither parcel meets the R40 requirements of minimum area (40000 sq. ft.). The second parcel meets the road frontage requirement. The proposed Resubdivision will vacate the existing interior property line in favor of a new line creating two new parcels both having 32,082 sq. ft. Both parcels will have basically equal access to the lake. See attachment of proposed variance plat. We would like the opinion of the Lakeview Park residents on this variance. We have set up to surveys: 1. I am against approval of this variance. Although the applicant has a valid argument that the proposed lots will be more appealing,the subdivided lots would not meet the R-40 City code stating lots must be 40,000 square feet each. This would set a dangerous precedent for other lots to be subdivided into smaller lots. The Lakeview Park Civic League has vigorously opposed variances like this for 40 years and will oppose this variance in order to preserve the historic R-40 value of our neighborhood. The survey site for this opinion is https://surveyhero.com/c/54f84c48 2. I am not against the variance. I strongly opposed any subdivision of one parcel into two or more smaller parcels in order to preserve the historic R-40 value of our neighborhood. The reallocation of square footage between the two parcels of land and does not change the number of parcels. The survey site for this opinion is https://surveyhero.com/c/3996ae67 If you don't connect directly to the survey—high click and open hyperlink. You can print and sign the bottom of the email and supply your address (Both are required to be counted). Then drop this letter in the Lake view Park Mail box located in the front of my yard at 1468 Maharis Road. Please have your responses back to us by Sunday October 11th.This will give us time to compile the petition and provide it to the Planning Commission. The Planning Commission is meeting on October 14th to hear both pro and con reasons for the subdivision. The information on how to attend either in person or virtual are at the following site: https://www.vbgov.com/government/departments/planning/boards-commissions-committees/Pages/pc.aspx There will be limited seating in Council Chambers for citizens who wish to attend the meeting in person.For those citizens who wish to speak in person at the public hearing please call(757) 385-4621 to register. We ask that you arrive 15-20 minutes early to check in with Staff in the lobby of the first floor of City Hall to receive a speaker order number. For those citizens who desire to attend this meeting virtually via WebEx,registration is required.Please visit www.vbgov.com/pc or enter the following URL into your web browser to register: legs;//vbgov webex com/vbgov/on age/g phhn?MTID=e4ab924f0211436ce524a02ed415a2df1 If you desire to speak at the public hearing via WebEx,you must notify staff prior to 9:00 a.m.July 8,2020 at(757) 385-4621.To speak and attend by Webex,you will need to register twice. Thank you for helping to keep our neighborhood as beautiful as it is. Sincerely, The Lakeview Park Civic League. If you do not use the virtual petition above please print the page below and deliver 1468 Maharis Road by October 11. Please include the statement below with your name and e-signature By signing this petition, I affirm that: I the undersigned are property owner urge the City of Virginia Beach to deny the variance to Shelton Road properties.,therefore maintaining the R-40 lot size standard of the Lakeview Park neighborhood. O I the undersigned are property owner urge the City of Virginia Beach to approve the variance to Shelton Road properties. I am aware this may set a precedent to allow other properties in our neighborhood to be resubdivided. Name: Address: Signature By signing this petition,I affirm that:I am against approval of this variance.Although the applicant has a valid argument that the proposed lots will be more appealing,the subdivided lots would not meet the R-40 City code stating lots must be 40,000 square feet each.This would set a dangerous precedent for other lots to be subdivided into smaller lots.The Lakeview Park Civic League has vigorously opposed variances like this for 40 years and will oppose this variance in order to preserve the historic R-40 value of our neighborhood. Please provide your name,address,and e-mail address below. Number of responses:31 Alan P.Chapman 1467 Maharis Road,Virginia Beach,Va.23455 apc1113us@yahoo.com Lou Anne Templeton 5009 Cullen Rd,Virginia Beach,VA 23455 LTEMPL6236@aol.com Paul Calhoun 1468 Maharis Road PECalhoun@Verizon.net Alice Calhoun 1468 Maharis Road Virginia Beach,VA 23455 1121alicep@gmail.com Nathan J Power 1416 oyster shell In Virginia Beach,va 23455 nj.power87@gmail.com Zizhong John Wang 1481 Maharis Rd Virginia Beach,VA 23455 jwang@vwu.edu Kimberley Jerald 1408 Claudia Drive Virginia Beach VA 23455 Kjeraldl@gmail.com Deborah&Ed Chapman 1471 Maharis Rd.Virginia Beach,VA 23455 lily725@gmail.com Susan and Bob Brown 1456 Maharis Rd Virginia Beach,Va 23455 sbbrown2@yahoo.com Mike Mastice 5001 Cullen Rd Virginia Beach,VA 23455 jmmastice@verizon.net Ernest Reed 5009 Farrington Drive reedet_99@yahoo.com Dorothy Reed 5009 Farrington Drive Virginia Beach,VA 23455 dreed_50@yahoo.com JoAnna Bender 4905 Farrington Dr Virginia Beach,VA 23455 Lewis E Winston 4816 Sheldon Dr Virginia Beach,VA.23455 Lwinstoniii@gmail.com Dr.&Mrs.Antoine Arrage 1420 Rylands Rd Virginia Beach,VA 23455 Mhwalker321@hotmail.com Herbert Beach 1404 Claudia Drive joynoy@msn.com Jennifer Holzhausen 4921 Cullen Road Virginia Beach,VA 23455 Scaryundrwtr@gmail.com or zholzhausen@gmail.com Zachary Holzhausen 4921 Cullen Road Virginia Beach,VA 23455 zholzhausen@gmail.com Barri Soreil 1403 Maharis Road Virginia Beach,VA 23455 ronbarri@aol.com Ronald L.Soreil 1403 Maharis Rd Virginia Beach,VA 23455 Barigroan@aol.com Fredrick T.Nunn 5029 Cullen Rd.Va.Beach Va.Nunns2305@aol.com Jon Bourque 1413 Claudia Dr Virginia beach.VA 23455 jon@elite757team.com Leo and Mandy Johnson 1464 Maharis Rd VA Beach,VA 23455 Mjohnson_23455@yahoo.com CAITLIN OSHEA&KEITH BREMER 5008 FARRINGTON DRIVE VIRGINIA BEACH,VA 23455 Caitlin.OShea85@gmail.com KeithBremer3@yahoo.com JAMES K&DEBORAH A LOCKHART.1412 CLAUDIA DRIVE LAKEVIEW PARK.E-mail twoharts7@verizon.net By e-mail John Parrish,1405 Maharis Rd,Virginia Beach VA 23455 757-439-0147 By Mail Antoine Arrage 1420 Rylands Raad mhwalker321@hotmail.com Mrs.Arrage 1420 Rylands Road mhwalker321@hotmail.com Barbara W.Garton 5001 Farrington Drive Brenda Bartlet 5012 Dailey Drive jbbartlette04@verizon.net James Bartlett 5012 Dailey Drive jbbarttlett04@verizon.net , . "// ' Vik!`-'3 -.61 1 z l�� CV rn �, N. st \. to 1. , 4-.0 \ -(.4 ,r) N •.,, tot,* < __ , ___ •• ,„ ..„- ,. c-N. 1 r o c., ort— I . __ ,v arn. a a ,coN ‘9,3 N --`CD o Q �� < �.r' U • 1 a_s ,. ♦ 1 .k II� Q —AQ ,- Q V zi . Q N N 1 Q Q h 2 T1 L p > otf o Q \ . = M *N. M I 0 CI — Q f. , k r - a) V) Cl) Q C N O > m O -, �I 0 °) m m O � C Y 'a — O. O as 7 U) 0 N a. 03 4 �; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONALD H. & DIANE F. HORSLEY [Applicants & Property Owners] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations)for the property located at 3340 Ives Road (GPIN 1480187240). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: November 17, 2020 ■ Background: This application was originally scheduled for the October 6, 2020 City Council public hearing. As that meeting was cancelled, this request was moved to the November 17, 2020 agenda. The 327-acre property was placed in the City's Agricultural Reserve Program (ARP) in 1998. The property was developed with a single-family dwelling when the ARP Easement was recorded. The ARP Easement included the reservation of two additional building sites, which means the purchase price was adjusted for the deduction of these two easement exception sites. Proposed Parcel 1 , as identified on the Subdivision Variance exhibit and which is the original home site and not one of the reserved sites, will remain subject to the ARP Easement unless the ARP Easement exception lines are modified by City Council at a later date. The two additional building sites are proposed as Parcel 2 and a portion of the residual site; however, the residual site is not part of this request for a Subdivision Variance as the property owner is not yet invoking that development right at this time. The applicant is seeking a Subdivision Variance to create Parcels 1, 2 and the residual parcel, as none will meet the minimum 150-foot lot width and 120-foot street line frontage requirements for the AG-1 and AG-2 Agricultural Districts. Proposed Parcel 1 and a residual parcel will have zero feet of lot width and street line frontage, and Parcel 2 will have 14.9 feet of lot width and street line frontage on Ives Road. All three parcels will be accessible by an existing 50-foot wide access easement that is paved and functions as an extension of Ives Road. • Considerations: The proposed Subdivision Variance is in conformance with the 1998 ARP Agreement, which is attached as requested during Staff's September 22nd presentation of upcoming projects to City Council. The ARP Easement designated two areas for future residential development in addition to the dwelling that exists on site. It is the applicant's intent to demolish that dwelling to construct a new dwelling, and to construct a second dwelling on Parcel 2. A third dwelling could be constructed in the future within the Easement Exception Site 1, subject to an Donald H. & Diane F. Horsley Page 2 of 2 approved Subdivision Variance for lot width and street line frontage. The proposal will yield a density of one unit per 109 acres, thus far exceeding the Zoning Ordinance requirement for properties in the agricultural districts of one unit per 15 acres. All parcels will have vehicular access from the existing 50-foot wide improved ingress/egress easement. As the proposed boundary lines provided with the Subdivision Variance application do not match those of the recorded ARP Easement, a modification to the ARP Easement Exception boundary areas will be required by City Council prior to lot recordation. The Staff report described the comments provided by the Department of Agriculture Staff incorrectly as those made by the Agricultural Advisory Commission (AAC). The report has been corrected, as the AAC did not comment nor is their consideration of these matters required. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this request. ■ Recommendation: On September 9, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Subdivision of Property of Donald H. Horsley& Diane F. Horsley," dated February 24, 2020, and prepared by Warren & Associates, P.C. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Agricultural Reserve Program Easement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department I City Manager: Applicants & Property Owners Donald H. & Diane F. Horsley Agenda Item Public Hearing September 9, 2020 City Council Election District Princess Anne 4 \&3 Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Staff Recommendation Approval Staff Planner 11:00-9441 Hoa N. Dao 0 Location 3340 Ives Road GPIN 1480187240 Site Size 327 acres AICUZ Greater than 75 dB DNL;APZ-2 Watershed Southern Rivers Se ' Existing Land Use and Zoning District Single-family dwelling/AG-1&AG-2 ' 0)46 Agricultural a�- Surrounding Land Uses and Zoning Districts so m North , ° Woods /AG-1 Agricultural South Cultivated fields/AG-1 Agricultural '.a , East :. ._. Single-family dwelling, cultivated fields/AG-1 • Agricultural West 15) Undeveloped land, City of Chesapeake/AG-1 Agricultural "o Land Of Promise Road Donald H. & Diane F. Horsley Agenda Item 4 Page 1 Background & Summary of Proposal • The subject 327-acre parcel was placed in the City's Agricultural Reserve Program (ARP) in 1998 (MB 3881, PG 1625). • The parcel was developed with a single-family dwelling when the ARP Agreement was recorded.The ARP Agreement reserved two building sites, Easement Exception Site 1 and Easement Exception Site 2,for a total of three dwellings to be constructed on the 327-acre parcel. • The existing dwelling is located on the proposed Parcel 1 site. • The applicant is seeking a Subdivision Variance to create two additional parcels in the approximate location of the Easement Exception Site 2, as permitted per the ARP Agreement. Since the proposed parcels and residual parcel will not meet the minimum 150-feet lot width and 120-feet of street line frontage requirements of the AG-1 &AG-2 Agricultural District, a variance is required. • The proposed Parcel 1 will have zero feet of lot with and street line frontage,the proposed Parcel 2 will have 14.9 feet of lot width and street line frontage on Ives Road, and the residual parcel will have zero feet of lot width and street line frontage. All three parcels will be accessible by an existing 50-foot wide ingress/egress easement that is paved and functions as an extension of Ives Road, as shown in the photographs on page seven of this report. Required Lot Width Required Street Line Frontage Proposed Lot Width and in AG-1&AG-2(feet) in AG-1&AG-2(feet) Street Line Frontage(feet) Proposed Parcel 1 150 120 0 Proposed Parcel 2 150 120 14.9 Residual Parcel 150 120 0 • The proposed Parcel 1 is 4.45 acres,the proposed Parcel 2 is 2.9 acres, and the residual parcel is 319.65 acres. All three parcels exceed the minimum one acre lot area requirement in the AG-1 &AG-2 Agricultural District. f A•� .l` j .. A4f Zoning History / V�a:;r. • # Request Ao_�;�F 1 CUP(Single Family Dwelling)Approved 07/08/1992 ��j 2 CUP(Single-Family Dwelling)Approved 12/15/1986 SVR(Section 4.4(b)of the Subdivision Regulations) f I A°-'' Approved 12/15/1986 A(it AG-t• I A`'2 AG-r A. . GZ'. -, AO2 A' '•en_o• ^:L, -X-2{ 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 SIC—Street Closure SVR—Subdivision Variance Donald H. & Diane F. Horsley Agenda Item 4 Page 2 Evaluation & Recommendation Staff supports the applicant's request for a variance from the required 150 feet of lot width and 120 feet of street line frontage required in the AG-1 &AG-2 Agricultural Districts in order to create two additional lots for residential development. The 1998 ARP Agreement, which places 327 acres into the City's Agricultural Reserve Program (ARP), designates two areas for future residential developments in addition to the dwelling that exists on site. It is the applicant's intent to demolish the existing dwelling on proposed Parcel 1 to construct a new dwelling and to construct another dwelling on proposed Parcel 2 for a total of two dwellings. While not part of this request and subject to a future Subdivision Variance to lot width and street frontage requirements, per the ARP Agreement the applicant has the ability to construct a third dwelling within the Easement Exception Site 1 area. As stated above,the proposed parcels will have access from a 50-foot wide improved access easement. There is a hammerhead turnaround at the end of the easement, as shown in the photograph on page seven of this report. Per the Zoning Ordinance, a density of 15 acres per unit is required to subdivide in the rural area. The proposal yields a density of 109 acres per unit,far exceeding this standard. The request has been reviewed by the Agricultural Advisory Commission and no objection was raised Department of Agriculture Staff who noted that the proposed parcel property lines depicted on the Subdivision Variance exhibit do not match the boundaries approved with the ARP Easement. Any changes to the boundaries will require consideration by the City Council at a later date and prior to plat recordation should the Subdivision Variance be approved. At the time this report was written, Staff was not aware of any opposition to this request. Variance is in conformance with the 1998 ARP Agreement. Staff recommends approval of the application subject to the condition listed below. Recommended Condition 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Subdivision of Property of Donald H. Horsley & Diane F. Horsley," dated February 24, 2020, and prepared by Warren &Associates, P.C. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 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. Donald H. & Diane F. Horsley Agenda Item 4 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental,scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The subject site is located within the City's Agricultural Reserve Program (ARP). Per the ARP Agreement, a total of three dwellings are permitted to be constructed on the 327-acre parcel. The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Ives Road No Data Available Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Ives Road is not included in the MTP and there is no roadway CIP projects slated for this area. Public Utility Impacts Water & Sewer No public utility impacts anticipated as the parcel is served by a private well and a private on-site sanitary sewage system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, August 23, 2020 and August 30, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 3, 2020. Donald H. & Diane F. Horsley Agenda Item 4 Page 4 City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 13, 2020. Donald H. & Diane F. Horsley Agenda Item 4 Page 5 Proposed Subdivision Layout o 1 C _ - - sa:.+�r mr .cars .res OUNCE�mawa4r \ .:...%t .xsatau 3,90 1 t c� «�is ,4vrt e.a4 __ r►i rye —_ ---- ,•' - -----»e \ Ti 2 +X.Il4 I iD I Oa t \ tlbrr5 0 EASEVENT EXct Ot. 'S+TE 2' t DEED BOOK 388! PAX 1525 s • J I ' S 8916 O8'`f 27551' 84. s. r 'm. t %' a.. r NI. VI PROPOSED ,-. :: .-.:~' c. �• may` -•' -` 1 c PARCEL 1 ;, z (4.45 Acre) '-srCRY F?AI(. If . i R_£SJOENCE -:c 524'52`34t 57.59 i 5 83 N 4048`17- N'j • SSGu17f a ib:-b?` 8085 PROPOSED POU eArk [.---' j PARCEL 2 (2.90 Acres) ss93r341 173.C9 t r_. at ^ PAAC;E'_ G t :RAW BR.y4 ,1 I ^ $193r3 .1 1 w 3 \ rv8918.OB'A+ 257.sr RESIDUAL r h . _ . __ PARCEL (319.65 Acres) r Us c0 Limas Of LAS M NI EXCL :'Ok 'S!'E a CUD WON 3881 PAC1. :625 +;,ti.26' :. 102 4- �i r r k89'16.08'W — - k44.00.13.W 76.'9 _ 78 71' r A n89'16G8'w 3161— - -- iL Ef �O 9� ,J N I 1 Donald H. & Diane F. Horsley Agenda Item 4 Page 6 ARP Easement Exception Sites Easement Exception Site 1 0P/N 121480-18-7240 N 34097J6.73 pPN S B95B iB"E 6J418" E I21BJ762.2J C, N K � M / ° wt.. NPE FFNCE y {i 7RAKER •h, $ ] y 1r'I:— - iacr5: �7A,(S) USENEN7 tii?, h J EA'C£PI11�MV cP1Xay L f "�('S7 BOUNDARY :II: ` liti �F7 BGXINOARY 7L74N2.5 Cf• n/E' 1:1112•4:1(31- EASZNViV7 AREA = 22Y),892 5rZ/ARE fFNL1� Lfs RCUp 3 S (v�8�1'67ATPACE5I ACRE o cRA H<z a ear£ I `a(s) �() ) 77 ACRES -- - fiqi .s .,,, ts L,.: EAsinozNT ElleCPTION i. yp 80►A10ARY An ��' if ; AVW OR FORMER Y j WILLAM HERBERT �4o -P 1><-�..�_-- - -L fEnCE1 (Otter Es z�rta 9 IP(S) / --N 8974'12" W 69856' ors) AT PACE 1014) -Tits N 340940220 ORIN 1480-46-57.55 E 12f831.i58BGemmoo-5- NOW Co FORMERLY 'vow Co fp41 NERL r ar V. CAMP , LXN/8/T GRAPHIC SCALE IN FEET ANTHONY KYRUS i 'EASEMENT F�'CEP7>ays 4 GEORGE A. WA!1 F P I av PROPERTY sTA,m/Nc w THE ALAME or n ;co 2ao (DEED 800V 3217 AT PACE 470) (Oat'ROOM'2709 AT PACE 290) CCRAI2EA. WALLS, SCALE - I' /6.0 (MAP 600K 67 AT PACE 51) Fr1P Easement Exception Site 2 p(F) Not 517A51Y 55175' Fr)No/sl O6'ir _ 1.�1'.L T + £ASEMENTT A 3409576.49 EyC:EPROM :=y or r4.,=•-vz.se.r.IMuP f na' w(r) IRON PIN FOUND VE 1218404294 BOUNDARY G , I4B0-/8-720o[��ers .r ww.wa,ar h INOw R FORMER( I., E TAME GEORG� A WALLER I LI LIRE LEVGn+ BEARING EASEMENT EXC197110N DEED 800Y367 AT PACE 51217 A T PACE 10 RI Cr 4893' SA57LI3— 97F2 Ih L2 59.96' S2702551- 4/ I L..T , S�919' SF973J� o, AREA = ?1Q025 SiOUARE E 12184227.82 I FEET OR APPROXIMATE- TH Op 5� ,0,^ ACREAGE- S A25 AGPES r ,E y1 �.. h� ��'it P�ti � 1= OLD PkY s,Tp6'�/24'POPLAR C 'S 1 5027102E /N STUMP /Zpp.0'' t� > 0 GPFN /481-40-9242 ` O 1 I JOBN Y P THE 6T 20038' �yFOaa�� t •' . NOW OR Fa2MERC Y�_E Fi.PAPN/C SL.OL f /N FEE7 L44 I ,y�' H'ILSON F. & 3I E .3-sa-x,. b i i e'7'13 ELEANOR P. TA - 449 avRY�° O SCALE ; I' 100 TOO 10 v �i . IS- oE£O BOO•.'1J/s AT PA 1t oL. 4 t�, u YN TE'S v%.�.'c ; N .4/or(NG EAS9£NT LX2Tnav3t m mf 718S PLAT A2tS Nor LYAYSn11/1E A SUBCYKS'OV O<LAND d ' 43 h ,,,,, OY P1 oear Mi?NG4 w AN£o`' .,.THIS PLAT IS A A11LW O>F"BOTHI A f7EZD SURI Y AM)A 1 -7 FOR PLAT PYPIEPARID BY NAIG'LYO C Mf!/9?p1O .R, DATED FEH4L/ARY?f, ^,.s. CITY /1054G01 tw95 .SiARY£/zW's LERnF1CAlE `�x 0 4 A09C1'L7LR4L f E/9 4AA/ % etACT'WA 7E74 B WOUGY H56/NSA 6E'ACi/, YA •••-•'-.,--7 7+•••••— -4 _w v+a r r DA rF- -T/23/5718 SCALE J' 1(X1' w/Mv+w�rn��k�.� 4w.rw•t•4 r rrr rq r-OOp.V M6/MOO—I M N/mWrw%N/ad r awry M y L3 DEED BUOY(.7217 A T PACE 410 pl.m•/.4.�/ �rr�y,.....4.,4 s ir'•o /- ' Donald H. & Diane F. Horsley Agenda Item 4 Page 7 Site Photos r '*Ir - , 's"` _.r. is Mi- - .. rR".-�' - _ - • 'y' .cq k r,� :e'"'7"'` "a `ram „ill? 't ... ' -if,,,A.,,,,,,t- 'St, , SPii.Y.,.! .,y. .! `j. ♦.: '' y. 1 ` _ • 5'. • Donald H. & Diane F. Horsley Agenda Item 4 Page 8 Disclosure Statement okv Virginia Beach,- APPLICANT'S NAME Donald H. Horsley&Diane F.Horsley 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 A•peals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to an. Page 1 of 7 PlanningCommission and City Council meeting that pertains to the applicationis; • APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE: 11 04 707n El REVISIONS SUBMITTED DATE: Donald H. & Diane F. Horsley Agenda Item 4 Page 9 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Donald H.&Diane F.Horsley___ If an LLC,list all member's names If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroperty owner is different from Applicant. O 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 Donald H. & Diane F. Horsley Agenda Item 4 Page 10 Disclosure Statement AtI3 Virginia Beach - If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See State and Local Government Conflict of Interests Act,Va Code§2 2 3101 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of.the application or any business operating or to be,operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Donald H. & Diane F. Horsley Agenda Item 4 Page 11 Disclosure Statement APPLICANT virgins Beach.- YES NO i SERVICE PROVIDER one additional sheets if needed! nAccounting and/or prepares.of your tax return n IX Architect/Landscape Architect/ l ' Land Planner ❑ Contract Purchaser(if other than lXthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ri7 Construction Contractors 71 I I Engineers/Surveyors/Agents Warren&Associates,PC Financing(include current Farmers Bank X 1 mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) ^I Legal Services R.Edward Bourdon,Jr..Esquire Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject ro erty e 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? Donald H. Horsley is a member of the Planning Commission Page 4 of 7 Donald H. & Diane F. Horsley Agenda Item 4 Page 12 Disclosure Statement V,a. 'irginia Br•uh 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. � ______ ) � kii �`,� i Donald H.Horsley .� WI)�CJ1NT S SIGNA E r /�PRINT NAME 0AT 11.L1a,uti% • _._i r)ianH F 1inrs1ev 4& Page S of 7 Donald H. & Diane F. Horsley Agenda Item 4 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Donald H. & Diane F. Horsley Agenda Item 4 Page 14 Items # 4. Donald H. & Diane F. Horsley Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 3340 Ives Road September 09, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Thank you very much for taking the time to come down and speak. And, with that, we are going to go ahead and move on to the Consent Agenda and Mr. Weiner. Yes, you. Would you take that over please? Mr. Weiner: Thank you, Madam Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred. There are no speakers signed up in opposition to the Planning Commission. The Planning Commission places on the following applications like Consent Agenda. Item number 2, 3, and 4 on the consent agenda. The Planning Commission also replaces the following applications for the conditional use permit of Short-Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission supports the applications and there are no known speakers signed up to comment is belated item 6, 7, 10, and 11. Is there anyone here in opposition of these items being put on the Consent Agenda? As hearing none, I Move for approval of the following items to being on the Consent Agenda items 2, 3, 4, 6, 7, 10 and 11. Ms. Oliver: Right. Thank you, is there a second please? Mr. Alcaraz: I will second. Ms. Oliver: Alright, we got a second. Is anybody need to abstain from any of these items? Ooh, I do. Excuse me. Hold on one second. I forgot it went on. I am going to abstain from item number seven. I am a party to a court case that is unrelated to the Planning Commission or this application, but a representative of the applicant is involved in this case, so, I have chosen to abstain. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. 1 Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham, Mr. Horsley, Mr. Inman, and Ms. Klein are all absent. Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Wiener. Mr. Weiner: Yes. Ms. Coleman: And, Ms. Oliver. Ms. Oliver: Yes, with the exception of number seven. Ms. Coleman: Okay. By recorded vote of seven, for and zero against with the notations noted on number seven. The following items to 2, 3, 4, 6, 7, 10, and 11 have been recommended for approval by consent. If you have had an application that was on Consent Agenda today 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. Thank you all for your participation. Ms. Oliver: Thank you for coming down. And, now we will move on. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes AYE Coston AYE Graham ABSENT Horsley ABSENT Inman ABSENT Klein ABSENT Oliver AYE Redmond AYE 2 Wall AYE Weiner AYE CONDITION 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Subdivision of Property of Donald H. Horsley & Diane F. Horsley," dated February 24, 2020, and prepared by Warren & Associates, P.C. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. 3 00 6849 BK3881PG 1625 This instrument was prepared by Virginia Beach CityAttorney's office Exemption Claimed: §58.1.81 l(A)(3) §58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this 29th day of April, 1998, by and between GEORGE A.MILE,widower and unremarried(collectively, the"Grantor"), and CITY OF VIRGI IA BEACH,VIRGINIA,a body politic and corporate of the Commonwealth of Virginia(the "City")whose address is Municipal Center,Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17,Title 10.1 of the Code of Virginia of 1950, as amended (the"Act"),the City adopted the Agricultural Lands Preservation Ordinance(the "Ordinance") as Appendix J to the Code of the City of Virginia Beach,Virginia,as amended(the "City Code"),to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City; and WHEREAS,in furtherance of the purposes of the Act and the Ordinance,the City has established the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land");and WHEREAS,the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights(hereinafter defined)in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein;and GPIN# 1480.18.7240 BK388 IPG 1626 WHEREAS,the Cit'has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS,the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity;and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith(the"Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS (S10.00), the covenants and promises contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Grantor, for Grantor,Grantor's heirs,personal representatives,devisees,successors and assigns,and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City,and its successors and assigns,forever and in perpetuity,an agricultural land preservation easement in,on,over and with respect to the Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns,forever and in perpetuity,all of the Development Rights with respect to the Land. TERMS.COVENANTS.CONDITIONS AkND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs,personal representatives,devisees, successors and assigns covenants with the City,(1) to refrain from engaging in any act or activity,or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use,it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance;and(2)that this Deed of Easement shall create a perpetual easement,running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, title or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves,their heirs, personal representatives, devisees, successors and assigns,further covenant and agree as follows: 2 BK388IPGt627 (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial,industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term"Agricultural Use"means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits,vegetables,honey,grains,meat,poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity,(ii)the repair,expansion or replacement of no more than one(1)bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural,horticultural or aquacultural products,except as an accessory use, (3) This Deed of Easement does not grant the public any right of entry or access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland,and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv)reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof,the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate,prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. Ii 3 8K3881PG1628 GRANTOR: • 94t1.44-5FAL) George .WaIler APPROVED AS TO FORM AND ACCEPTED OH BEHALF OF THE CITY Ti`VIROINIA BEACH CITY ATTORNEY COMMONWEALTH OF VIRGINIA AT LARGE,to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach,Virginia,this 29th day of April, 1998,by George A.Wailer,Grantor. ." •(, 1 t (L.- 11(tary Public (SEAL) My Commission Expires: 6'3/-.700'0 4 PM3881 PG 1629 EXHIBIT A PARCEL ONE ALL THAT certain tract of land situated in Blackwater Borough,Virginia Beach,Virginia,containing thirty-nine and five tenths(39.5)acres,and described as follows: BEGINNING at a post on a lane running S. 2 degrees W. 23 chains to a ditch; thence along the ditch N. 86 degrees W. 17.58 chains to a ditch between property now or formerly Webb and Bailey; thence along the ditch N. 15 K degrees E. 10 chains; thence N. 12 degrees E. 13 chains to a lane between property now or formerly Ives and Webb; thence along the lane S. 84 3 degrees E. 17.50 chains to the beginning, all of which more fully appears by reference to a plat of the said land made March 4, 1905,by E,E.Burroughs, County Surveyor, PARCEL 2; ALL THAT certain tract,piece or parcel of land,situated and being in Blackwater Borough, Virginia Beach, Virginia, bounded and described es follows: BEGINNING at a station near property riaw or formerly A.L. Ives' gate 18 links from a ditch running S. 83 degrees E. 17,04 chains to a poplar corner of property now or formerly Batchelder and Ives on property now or formerly of Y. B. Miller's line; thence 24 Y degrees E. 7.94 chains to a gum stump; thence S.22 'Vi degrees E. 4 chains to a water oak; thence S.36 V4 degrees E.5.43 chains to an ash;thence S.37 /2 degrees E. 1.60 chains to a gum;thence S 13'/2 degrees E. 1.63 chains to a gum;thence S. 16 ih degrees E..43 chains at bend of ditch;thence S. 19 degrees W. I.72 chains to a gum; thence S. 14 '4 degrees W.3.74 chains to a water oak; thence S.28%degrees W..99 chains to a gum;thence S. 33 degrees W..65 chains to a maple;thence S.8 degrees W. 1.29 chains to a gum;thence S.4 degrees W. 1.46 chains to a gum;thence S.4 degrees W. 3.76 chains to a beech and a red oak; thence S. 2 '/, degrees W. 2.84 chains to a red oak; thence S. '/4 5 8088 IPA 163Q • degrees E. 191 chains to a white oak,corner of property now or formerly Batchelder and Baxter, thence N. 89 3' degrees W. 15 chains to a station in a ditch;thence S. 79 Yz degrees W. 1.22 chains to a corner now or formerly of Batchelder and Baxter; thence S. 9 Yz degrees W. 1.50 chains to a gum; thence S.10 degrees 4"W.3.12 chains to a pine;thence N. 86 A degrees W.6.43 chains to a station on a ditch;thence N.7 degrees E. 42.59 chains to the beginning, and containing 79 acres,2 roods and 13 poles. There is excepted from the above description all of that 45.8 acres transferred to property now or formerly T.A.Ives by Herbert Realty Corporation by deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 160,page 136, reference to which is hereby made. PARCg 3; ALL THAT certain tract,piece and parcel of land,situated in Blackwater Borough, Virginia Beach,Virginia,and bounded and described as follows; BEGINNING at a poplar and running N.79'A degrees E. .96 chains to a beech; thence along a ditch S. 88 h degrees E. 14.71 chains,S.2 degrees W. 4.00 chains, S. 70%E. 7.97 chains, S. 9 degrees E. 4.03 chains, S. 4 degrees W. I4.4D chains,S. 89 degrees W. 1.13 chains to a beech,S.89 degrees W. 74 chains to a gum due west 4.00 chains to a gum,S. 89 degrees W. 1.21 chains to a gum, S. 88 degrees W. 1.82 chains to a pine;S.88 degrees W. 2.77 chains to a gum;S. 88 degrees W. 1.97 chains to a gum, S. 88 degrees W. 2.69 chains to an oak,S.88 degrees W.2.26 chains to an oak, S. 88 degrees W. 1.87 chains to an oak,S. 88 degrees W.4.63 chains to a pine;S.88 degrees W. 1.19 chains to an oak;S. 88 degrees W. 6.70 chains to a maple, S. 88 degrees W. 44 chains to a post, S. 5'IA degrees W. 81 chains to a ditch,N. 80 '14 degrees W. 63 chains to a gum;thence along a ditch N. 80 'A degrees W. 3,52 chains,N. 17 %degrees E. 1.56 chains,N. 74 degrees W. 10.91 chains,N. 35 degrees E.3.58 chains to an oak stump,N. 36'/,degrees E.3.86 chains to a pine,N. 34 'h degrees E.2.00 chains to a gum stump,N. 36 degrees E. 1.42 chains to a post,S. 86 3 E.36 chains to a gum,S.86 % degrees E. 1.07 chains to a gum, S. 84 ''A degrees E. 1.40 chains to an oak, S. 86 '!. degrees E.2.45 chains to a beech, 6 :3881Pg1631 S. 83 '/, degrees E. 1.33 chains to a pine; N. 85 degrees E. 3.76 chains to a maple, N. 76 degrees E. 3.25 chains to an oak,N.2 %degrees E. 7.05 chains to a gum,N. 13 degrees E. 3.65 chains to an oak, N. 9 Vi degrees E. 1.43 chains to the beginning,containing eighty and two-fifths(80 2/5)acres,as shown by plat thereof made by E, E. Burroughs, County Surveyor,recorded April 4, 1906; PARCEL 4: ALL THOSE two certain tracts or parcels of land situate in Black Water Borough, Virginia Beach, Virginia, the same being bounded and described as follows: (a) A tract of open land containing twenty nine and five tenths(29.5)acres,located on the south side of the lane adjoining the lands now or formerly belonging to Webb, Ives and Whitehurst, now or formerly Amos L. Ives, and more particular described as shown on a survey and plat of same bearing date March 4, 1905, and made by E. E. Burroughs,County Surveyor,recorded in the Clerk's Office aforesaid, in Map Book 3,page 259; (b) That certain tract or parcel of woodland containing three acres located on the north side of the lane running through the lands now or formerly Ives, being bounded on the north, east and west by the land now or formerly belonging to Amos L. Ives and on the south by the said lane,the said three acres being the center block of three acres as shown on a plat dated November 16, 1903,end made by E. E. Burroughs,County Surveyor; PARCEL 5; ALL THAT certain piece or parcel of land with the buildings and improvements thereon, and the privileges thereto belonging, situated in Pungo Borough, Virginia Beach, Virginia,bounded and described as follows: COMMENCING at a post at the corner of property now or formerly Jonathan Wood's deceased,land,and adjoining the land now or formerly of Dr. Williams on the north; thence running in an east course to the land now or formerly of I. B. 7 '388 IPG 1632 Baxter;thence running south and various other courses to the land now or formerly of the said Wood; thence running in a west course to a corner, thence running in a north course to the beginning place;containing by estimation fifty(50)acres, more or less; PARCEL 6; ALL THAT certain piece or parcel of land,with the buildings and improvements thereon and the appurtenances thereto belonging,in Pungo Borough,Virginia Beach,Virginia, and known as the property now or formerly Amos L. Ives Home Tract,and bounded and described as follows: BEGINNING at a poplar,a running line with property now or formerly I. C. Emeis and a corner with another tract of the said property now or formerly of Amos L.Ives,purchased by B. F. Batchelder,Executor, and the said Ives Home Tract, which said poplar stands in the centre of a branch which divides the said Home Tract from the lands now or formerly of!.C.Emeis,and extending in a line with said property now or formerly Ives-Batchelder Tract North 81 '/2 degrees West 98 chains to a gum,North 28 %a degrees West 10.03 chains to a post near property now or formerly Amos L. Ives gate; thence in a line with said Ives private road South 8 degrees 28 min. West to a point opposite the Northern line of another private road of said of property now or formerly Amos L. Ives running Westerly along the first mentioned private road, thence crossing the first mentioned private road,and along the Northern line of said other private road to a post in the line of property now or formerly Calvin Smith;North 17 %:degrees East 3.88 chains to a maple; thence same course 4.13 chains to a gum,North 47 degrees West 5.37 chains to a post,North 44 V.degrees West 2.47 chains to a maple in property now or formerly Mrs. Sadie Holt's line; thence in line with said property now or formerly Holt North 15 3 degrees West 46 chains to a beech;North 44 a/4 degrees West 1.45 chains to a pine stump North 38 a/.degrees West.77 chains to a station; North 44 3/4 degrees West 4.79 chains to a station,North 14'/. degrees West 3.64 chains to a station, North I a/, degrees West 2.98 chains to a post in centre of a branch, North 28 degrees East .78 chains to a gum, North 31 Y2 degrees East 2.02 chains to a gum,North I2 %+degrees West .95 chains to 8 BK388IPG1633 a gum,North 11 degrees West 1.49 chains to a maple;thence in a line with other swamp lands of the property now or formerly of said Amos L. Ives(supposed to be in the City of Chesapeake)North 21 'h degrees West 1.69 chains to an elm, North 37 h degrees West .53 chains to a gum, North 40 degrees West 1.50 chains to a gum,same course,65 chains to a gum,North 37 Va degrees West 2.00 chains to a gum; same course 2.13 chains to a maple North 38 ''A degrees West 1.42 chains to a gum,North 36 'A degrees West .73 chains to a gum,North 35'A degrees West.72 chains to a gum,a running line on property now or formerly Y. B. Miller's line, and thence in a general Easterly course along a line of marked trees along the Southern line of said property now or formerly Y.M. Miller, Nellie Miller, W. L. Ives and P. W. Ives to a post in the line of other land of the property now or formerly of said Amos L. Ives, thence South 2'/a degrees West 10.84 chains to a post at the edge of the high land;thence North 67 degrees East 7.20 chains to a post;thence along a line of marked trees South h degrees West ,30 chains to a gum, South'A degrees East 1.77 chains to a gum, South 3.17 chains to a gum, South 3 % degrees West 123 chains to a gum, South 'A degrees East 1.74 chains to an ash in the mouth of a branch in property now or formerly!.C.Enieis Line;South 48 yi degrees West 1.05 chains to a gum,in the mouth of said branch; and thence along a line of marked trees down the centre of the branch,dividing line between property now or formerly A.L.Ives and property now or formerly J.C. Emeis to the beginning poplar,containing two hundred and sixteen (216) acres, more or less; EXCEPTING, however, from the above bounds a tract of land of nine(9)acres at the Southwest corner of the land hereby conveyed, and EXCEPTING also the graveyard 30 feet square in the yard of the house on the tract hereby conveyed;being apart of the land devised to the said Amos L. Ives by the Will of his father,Jesse Ives, Sr., in Will Book 5, page 112, LESS AND EXCEPT those portions of the above described property conveyed by George A. Wailer and Elaine S. Waller, husband and wife to the Commonwealth of Virginia by deed dated June 22, 1948,duly recorded in the aforesaid Clerk's Office in Deed Book 255, at page 182; to Dorothy J. McConnell by deed dated July 31, 1957,duly recorded in the aforesaid Clerk's Office in Deed Book 514, at page 185;and 9 _73881 .- 1634 to A. C. Clark Company,Inc.,by deed dated February 15, 1966,duly recorded in the aforesaid Clerk's Office in Deed Book 948,at page 95, and from Elaine S.Waller to Bennie George Waller, by deed dated April 17, 1986,duly recorded in the aforesaid Clerk's Office in Deed Book 2496,at page 112. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1)Back Bay Mucky Peat; (2)Dorovan Mucky Peat; (3)Nawney Silt Loam; or(4)Pamlico Mucky Peat,Ponded, LESS AND EXCEPT that certain tract,piece or parcel being a portion of the above described property designated and described as"EASEMENT EXCEPTION SITE 1,AREA= 220,892 SQUARE FEET OR APPROXIMATE ACREAGE EQUIVALENT,. 5.071 ACRES" as shown on that certain plat entitled: "EXHIBIT SHOWING EASEMENT EXCEPTIONS ON PROPERTY STANDING IN THE NAME OF GEORGE A. WALLER FOR CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM", Scale 1" = 100', dated October 22, 1997, prepared by Langley and McDonald, P.C., which plat is attached hereto and recorded simultaneously herewith. LESS AND EXCEPT that certain tract,piece or parcel being a portion of the above described property designated and described as"EASEMENT EXCEPTION SITE 2,AREA 218,025 SQUARE FEET OR APPROXIMATE ACREAGE EQUIVALENT= 5.005 ACRES" as shown on that certain plat entitled: "EXHIBIT SHOWING EASEMENT EXCEPTIONS ON PROPERTY STANDING IN THE NAME OF GEORGE A. WALLER FOR CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM", Scale 1"= 100',dated 03/23/98, prepared by Langley and McDonald,P.C.,which plat is attached hereto and recorded simultaneously herewith, IT BEING a portion of the same property conveyed to George A.Wailer from Allen J.Gordon and Martin W.Boclens,Jr. Special Commissioners,by deed, dated May 17, 1993,duly recorded in the aforesaid Clerk's Office in Deed Book 3217, at page 410. I0 r mom , 4CO1lk O / 4.Q i$ €m l' � N �� c cq. o �O h1 h �aA, b 'U cv Q : k : . x .. . n a �P ply S9P � `� as .o h a F � ,C. ' q CP P Leila. v ' E aN o ;ram °�4 0 0���61 z >v • ��00 �� y `��.` q N. 2 ^ 2. Z w 1.0Q. .c,,,o-kiLoga-- ,,,,,,1 ,, R N � o i •1. t4 \ 41' i W �O t z C il) IR l' • o.,� h :o w cp -- f -- : 3 lb.b*QOS 0IN 3 W • Z7 try 2 N h w m O ^ti y - F7 /TCN ew % a Q m '` ' • �A iSCOl�o ,l7 dV 144 Q W g ` eV�iV:it 4 C A-' g � el \ I c:# Q c, lief N Di k.k''., li N(,) ..,,,, i Afill R., 4t,,,, -: , 1,, ..„ ,..., \L PzIki19., -',-. ivl 0 ikle.11i Rct k7 Nt - t 1,11 'r 8 trr ,.rzo4 o N ` e o ,, g111[)-, i 001-91-0861 N/dV h o it 4 ..%N 0'1 t4 VIVO a p tors HO ,v uc grin 1 Oar tunas to cvki'eau o emm e Zi W k) S i'i i f .--" Mai61111VD--- 10Nr. % Cl 4 tits i altr tj SL IJdI $1:f.00 1b110D I¢IJPJ•/t1I) 1147( '31S31 -- ;t‘It v. ?TITS§ U -"-e 5� i. . _ _ SOW' 4 60 .1 Wd I- 33N86 CI- 5c' } 3,b1,1�69S ' m O z ' . I ,� �� a :I3XJhNr J1} IAIla o �� ^ o rt , N NJ►i1+M�o�3a e A & o El* N t. 0^1 k� • ry tizi 1 N Am��LI kW 2 4,ink5 �E ri$ N • j 4=47 C5k Vm ' gi,„ 4Q1 A'vw°° gt O } QQ W t W oa o , Dt`o �' h o V \s J . 5 c4oN ,...1 Lk''' r m . ir) $;,., • (1-'NNee k i 0 Z ryNO3 �--� ,9tL6t ��� N Pt t ti:E Cs N ill • i II �,' W W w Zf p p S'8l 39 frd 1 V tic N008 0330 \ "� ��Q 'Ig 773NNOoon��AMOOol0O W 1 f891, 6t-0861 N/dJ ,l9Gff ,61Ytl M.LI,S&88S ,gp£F.68�� ,� o C -- -rk, h Q� E O ? o 'C 2 W 7, t !I '�$ Qh-j iii, ill cg.., �d � Z W pR` � � dl"AI, 1'1' o .-. k e 6 0 ty$ 1 ; sill PII 4 ,, a '; 112' �I C+1�tA 1. Z r e$$ q1,. ' • ) :e?, ZA ll 6. vat ° C g h Q8 sy f m DCDIDDIfaVii nNInstr,2002051%000OPS OF 11 I City of V1rslnia Beach it:.Curtttis Fruit, Clnerrk19 Orf210.00antor x Pd Gy THIS DEED,made this 22nd day of May,2003,by and between BARRY D. JCNIGIIT and PAULA W.bNIGHT,Husband and Wife,parties of the first part,Grantors; and VINCENT I.MAROUETTE,Unmarried,party of the second part,Grantee,whose mailing address is 1304 S.Dominion Boulevard,Chesapeake,Virginia 23323. WITNESSETH: That for and in consideration of the sum of Tcn Dollars($10.00),cash in hand paid,and other good and valuable consideration,the receipt of which is hereby acknowledged,BARRY D.KNIGHT and PAULA W.KNIGHT,Husband and Wife,parties of the first part,Grantors, does hereby grant and convey,with GENERAL WARRANTY and ENGLISH COVENANTS OF TIME,to VINCENT I.MAROUETTE,Unmarried,party of the second part,Grantee the following described property,to-wit: All that certain lot,piece or parcel of land,with the buildings and improvements thereon,situate,lying and being in Blackwater Borough,City of Virginia Beach, Virginia,containing a total of 108.5 Acres,more or less,and being known,numbered and designated as Area=103.2 Acres+50'Right of Way A to B 2.9 Ac+B to C to D 2.4 Ac+,Total 108.5 Ac+,including the 50 foot right of way,as shown on that certain plat entitled"Survey of Property of A.C.Clark Co.,Inc.",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Chesapeake, Virginia,in Map Book 67 at Page 51. Subject to a right of way casement of ingress and egress over the fifty foot right of way as shown on the aforesaid plat reserved for George A.Waller et al,as contained in Deed Book 948 at Page 95 recorded in the Clerk's Office aforesaid. cox AND cox It being the same property conveyed to Barry D.Knight and Paula W.Knight,by Deed Attorneys at Law 1310 from S.V.Camp,III and Kyras Anthony Partnership,dated April 23,2002,recorded Wilkie NA.Vi1140 c7171.r.st0 April 26,2002,in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,in Deed Book 4677,Page 633. GPIN NO.:1480-46-6738-0000 This Deed was prepared by Carrollyn C.Cox,Attorney at Law • I _ II Pala: :..--. The grantors covenant that they are seized in fee simple of said land;that they have the right to convey the said property to the grantee herein named;that the said grantee shall have quiet and peaceful possession of said property,free from all encumbrances;that the grantors have done no act to encumber the said property;that the said grantors will execute such further assurances of said property as may be requisite. This conveyance is made subject to the conditions,restrictions,easements and reservations of record,if any,affecting the aforesaid property and constituting constructive notice. WITNESS the following signatures and seals: � (SEAL)AR D.KNI HT // ll 1-(1 , .QTt k) enA8A-6EAL) PAULA W.KNIGHT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH,to-wit: IR I, r c "FX.(' CII R ,a Notary Public in and for the City and State aforesaid,do hereby certify that Barry D.Knight and Paula W.Knight,Husband and Wife, whose names are signed to the foregoing writing bearing date on the 22nd day of May,2003, have acknowledged the same before me in the City and State aforesaid. GIVEN under my hand this day of May,2003. COX AND COX Auaraer i at Law P.O.Asa MO VMdM Dad,VA UM On)ewes 4C---- 21;2,4C2_1_1&46146 Notary Public My commission expires: QZ-LS-C-15 . J SAG _—. AG-2 AG-1 AG-1 AG 2 2 co _ cr 170 o � N h: Site E'��� Ruth B. Wilson W �►' Property_Polygons 865 & 877 Sandbridge Road s Zoning —1 Parking Lot Drive Aisle ismo. Feet I Building 0 40 80 160 240 320 400 480 u . ji t ��::ter CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: RUTH B. WILSON [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the properties located at 877 & 865 Sandbridge Road (GPINs 2423474501, 2423475730). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: November 17, 2020 • Background: The applicant is seeking a Subdivision Variance to reconfigure two existing parcels on property zoned AG-2 Agricultural District in the Princess Anne District. The lots were created in 1955 and 1966 and each contains a single-family dwelling. Lot 21 contains 3.61 acres and has a home on it that was built in 1910 and Lot 22 contains 0.94 acres and has a home on it that was built in 1965. Neither lot in the current configuration meets the minimum upland acreage requirement of one acre of land outside of water, marsh, wetlands, or AE floodplain (upland area) as stipulated in the Zoning Ordinance for properties zoned AG-2 Agricultural District. While the proposed layout increases the upland area of Lot 22, thereby making it more conforming with the Zoning Ordinance standards, the upland area for Lot 21 becomes increasingly less conforming; therefore, a Subdivision Variance is necessary in order to replat these lots. No development activity is proposed with this application, but simply a resubdivision of the two existing lots. As the properties lie within the AE floodplain, any future redevelopment or expansion of the existing dwellings will require a Floodplain Variance. The applicant is aware of this requirement. • Considerations: Other than the upland area requirement, the proposed lots meet all other dimensional standards set forth in the Zoning Ordinance for parcels in the AG-2 Agricultural District. The proposed layout of the lots will eliminate the L-shaped configuration of Lot 21 and allows the applicant to retain the existing garage on Lot 22A where she resides. The new layout results in an orderly pattern of development where both lots are more comparable in terms of size and shape. 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. Ruth B. Wilson Page 2 of 2 • Recommendation: On October 14, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and prepared by Michael W. Murphy, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. • 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 Manager:re Applicant & Property Owner Ruth B. Wilson Agenda Item Public Hearing October 14, 2020 �' City Council Election District Princess Anne 3 City of Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation / Approval Staff Planner Hoa N. Dao ` ,. '=". , A Locations e 865 &877 Sandbridge RoadNak i GPINs 2423475730& 2423474501 Site Size 4.55 acres ° 's AICUZ t NI%Less than 65 dB DNL • Watershed Southern Rivers Existing Land Use and Zoning District • 'x ,,, •,:ye-- ` ' ' ` f A r < c Single-family dwellingAG-2 Agricultural -'` t. t.' �.. fin. , Surrounding Land Uses and Zoning Districts .•, `° , ,, :',dy '� r +a.Y t. North f XGr Woodland/AG-2 Agricultural 1 South , � , n . 3 r . Woodland/AG-2 Agricultural .. ; , '^» � . East •:' ' riit ft , a 0` , r-4 `$ < .gi , Woodland/AG-2 Agricultural �7'1F "'-r f;-, .. g ;tr r' ;r West w o.tr %�' a Sandbridge Road ~'? `�= <,r" Outdoor Recreation Facility (golf course) /AG-2 N. ..t, "� "' `�' ` "r Agricultural : g Ruth B. Wilson Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is seeking a Subdivision Variance to reconfigure two existing parcels,each developed with a single- family dwelling on property zoned AG-2 Agricultural District. The dwellings were constructed in 1910 and 1965. Lot 21 exists with 3.61 acres and was created in 1966(DB 970, PG 294)while Lot 22 consists of 0.94 acres and was created in 1955(DB 395, PG 10). • Neither lot in the current configuration meets the minimum upland acreage requirement for lot area outside of water, marsh,wetlands, or AE floodplain,as stipulated in the Zoning Ordinance for properties zoned AG-2 Agricultural District. • While the proposed layout increases the upland area of Lot 22,thereby making it more conforming with the Zoning Ordinance standards,the lot area outside of the AE floodplain on Lot 21 becomes increasingly less conforming; therefore, a Subdivision Variance is necessary in order to replat these lots. Minimum Lot Area Required Existing Lot Area Proposed Lot Area q Existing Lot Area Proposed Lot Area Above AE Floodplain Above AE Floodplain As Uplands* (square feet) (square feet) (square feet) (square feet) (square feet) Lot 21 43,560 157,434 86,631 24,783 18,129 Lot 22 43,560 41,317 109,022 0 6,654 *outside of water,marsh,wetlands,and/or AE floodplain • Other than the upland land area requirement,the proposed lots meet all other dimensional standards set forth in the Zoning Ordinance for parcels in the AG-2 Agricultural District. Zoning History AG-1 1 / # Request /, AG-2 Ate' 1 CUP(Communication Tower)Approved 05/13/1998 j, CUP(Communication Tower)Approved 08/13/1997 II -wa-: 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 Ruth B. Wilson Agenda Item 3 Page 2 Evaluation & Recommendation As mentioned above,the existing lots do not meet the Zoning Ordinance requirement of at least one acre of lot area located outside of the AE floodplain. Considering that both lots are currently developed with single-family dwellings and the proposed arrangement of the lots will eliminate the L-shaped configuration of Lot 21,Staff supports the applicant's request for the Subdivision Variance.The reconfiguration of the lots allows the applicant to retain the existing garage on Lot 22A where she resides and results in an orderly pattern of development where both lots are more comparable in terms of size and shape.According to the applicant,there is a contract pending for the sale of proposed Lot 21A should this request be granted by City Council.As these parcels could be developed with two homes as a matter of right, no exterior building elevations were requested or submitted. No development activity is proposed with this application, but simply a resubdivision of the lots.As the properties lie within the AE floodplain, any future redevelopment or expansion of the existing dwellings will require a Floodplain Variance.The applicant is aware of this requirement. At the time this report was written,Staff was not aware of any opposition to this request.Staff recommends approval of the application subject to the condition listed below. Recommended Condition 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B.Wilson," revised June 20, 2020, and prepared by Michael W. Murphy, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities.An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental,scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, Ruth B.Wilson Agenda Item 3 Page 3 poorly draining soils, and high water surface elevations in downstream receiving waters. No impact on the floodplain is expected with this request since no additional development is proposed. The properties lie within the X and AE flood zones, and the AE portion of the floodplain is part of the Floodplain Subject to Special Restrictions. The floodplain Subject to Special Restrictions limits new residential development in this highly sensitive area, so any proposed future redevelopment or expansion of the existing dwellings will require a Floodplain Variance. There are no known significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 11,170 ADT1 11,200 ADT 1(LOS 3"D") Existing Land Use 2-20 ADT Proposed Land Use 2-20 ADT 1Average Daily Trips 2 as defined by two residential 3 LOS=Level of Service dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sandbridge Road is a two-lane undivided rural minor arterial road. There are no plans to improve this portion of Sandbridge Road at this time. Public Utility Impacts Water &Sewer No public utility impacts anticipated as the parcel is served by a private well and a private on-site sanitary sewage system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on September 14, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 2020 Ruth B. Wilson Agenda Item 3 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/Docu ments/BookmarkedAgenda.pdf on November 13, 2020. Ruth B. Wilson Agenda Item 3 Page 5 Proposed Resubdivision Layout EXISTING CONFIGURATION S wooly E '".... 368.14 (0./..) PINY)1 234 ea" ! PIN(0) 4 FLOOD,ZONE. 'AL.' _......_ ---- N : I FLOOD ZONE• "11-SFr 0 GARAGE i z.7. -4. •t, LOT 22A LOT 211 LOT 21 -. on F MID 'ZONE- "E-SHADED- 45 (157,434 7, :r. „v. j.: eir V r, P- 4 • 4i IS ,C. ,5 1,C. ,I I 1.D _ _ _ OLD I _le .0 l'-- ‘ 00 *Ell. t). BARN .v• 44: • : .40° 'Is.") L__' PROPTIETT LAVES CREATED HT 0 I__. ' -._ ...,_ - IT ,,,- OEM POOTI EDS PAGE ID PERM VA(ATFO It k '0 .3 e' x tt. ," STORY i :7 FRAME 088 . k 1 STON1 MUCK LOT 22 (41,317 SF) ,. ..,_._•., DUD(AIDA DAUM N: 3.43 .ID GRANTED TO CITY OT VA ET HT VA E: 12.2 o c ..„.... ,,, ..„....N.03'13'fi9- F. 2.71 Wi' _ FINN'_ 37 i 6 I .g PIN(f) PIN(f I 6 00 9N 03•13.69. 2310.42' ." COLICIII- ---—--— -- -- -- PROPOSED RECONFIGURATION S 03•00.51" E •-.,I 568.14 (O.A.) PIN(f) 234.60' 'i'..1., 333.54' PIT 4.- tizott ZONE: "Ar . ' FLOOD ZONE: "X-311" GAL I1 .. LOT 22A LOT 21A - -, s'a O LOT 21A 1 :tool. /oN L 'X-SMADEDI`,. LOT 22A (86,631 SF ..v. .,5„..„.. ..,p, FARkt.E (109,022 SF) :,-- .6, ..113' 40. • •5'F' o„.t$5‘vi Eu SlIt I, BARN iv- ego I _._ - - er PROP AIM LITIM CllY.AVED HT a* DEED Pot*305 PAGE le REAM VA(ATED - • tt i ...- o 'ca r .0 :,.. 2 SLIM is FRAME o --- I STOR1 A al /03 i WW1: 11177_ ' x w ID 10TAII-OT-1411 emu.noN UAREDY N: 3.43 DRATTED to CRT DT VA WWII VA TE7 12.2 O / N 04'i 3'35 E 273 0 i' - N 0313.U," E 271.96. rei(A) 37. ,. :•;.. N.‘, ".,7,1& "liz Min 0 e MI N orwur I 310.42 prmr) d ' — COUCHED -•-----— -- -- •- Ruth B.Wilson Agenda Item 3 Page 6 Site Photos I T \ 5. e a tr..,f #�4..0 '`-ri l � .. ._ tr'. 44 v, - 11-,R ,L-4,4„,7>,....+4,;-- ;,•• ,•-'• ;.: ,I . '•,•.,:. ' :i'.' : : al. *rj:::...11 f 4',.''7,11. :.:-.. "'. . - lk t tig° .y ' .10 q 1}rt ir• '-iOt -01:'-'41.;-.' - 4'•,---, , •'.:-,-.- `-- 114 ._-...:,,:. -, Aek.,?,•,.....,i:),..;.,i. ' ......_. '.-.. ...:1-..,_ . r, .44,.,. . . .z.„,.:. 't , ''.*i 4,6' '- A. - 4 nt I E � _ '111: . �. N • '4 - r z 'I it _ - 4 - . 1 • �' l am• h �✓-. f - ..\' 1 F y� of '.'-_ t- " 'I'' 4-4' e { TM'-. Ruth B. Wilson Agenda Item 3 Page 7 Site Photos . ,f'1. • 4 ��... ") i''' 11k, "'-'1.' s•., • '. ... t' ifl • .. —xi• 4t,4, !A ..."A iti k.- .,, ti t k . ,, ._ 4., .. _ w, w!""Tr r "`- �""w.0.000p.'-.fie_..i� • yY'Y Fz'y'f*Y K R n . teriv ,I.'4: -Y+ .c } e , . - • Ruth B. Wilson Agenda Item 3 Page 8 Disclosure Statement Disclosure Statement Nti3 CuyofYn Planning&Community Development 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. 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 City board,commission or other body. Applicant Disclosure Applicant Name __ evr� 3. 14)JJ-5OX Does the applicant have a representative? ❑Yes ® No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes X No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a 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. '"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,Pi)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. 11 Ruth B. Wilson Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement Coy o'V,ryvm Booth Planning&Community Development Known Interest by Public Official or Employee 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?❑Yes l No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions. 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? it Yes ❑ No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ffiNo • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes cSrNo • If yes,identify the purchaser and purchaser's service providers. 21 Ruth B. Wilson Agenda Item 3 Page 10 Disclosure Statement Disclosure Statement City ofti,p Bach Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 8 No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes l$No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 12§No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature 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 meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature RiCr t •• L.[//ti.SDJy Cazeix-e./1/ -. Print Name and Title &1. /0) a02‘d Date Is the applicant also the owner of the subject property? Ix Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date I 1 1.05.2020 Signature Print Name Hoa N.Dao 31 Ruth B. Wilson Agenda Item 3 Page 11 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. Ruth B. Wilson Agenda Item 3 Page 12 Item # 3 Ruth B. Wilson (Applicant & Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 856 & 877 Sandbridge Road October 14, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, Mr. Redmond. The next item is item number three, Ruth Wilson Subdivision Variance (section 4.4 of the subdivision regulations) at 865 & 877 Sandbridge Road, Princess Anne District. Please come forward. Please state your name for the record. Ms. Wilson: Ruth Wilson. Mr. Weiner : Do you agree with the everything with conditions? Ms. Wilson: Yes. Mr. Weiner: Okay. Thank you very much. You can have a seat. Is there any opposition to this being placed on the Consent Agenda? Hearing none, Mr. Horsley is going to read this into the record. Please. Mr. Horsley: Thank you, Mr. Weiner, the applicant is asking for variance today to realign these lots to make them more conforming. These homes were built in 1910 and 1965, and back then the regulations did not apply as they do now. But, neither one of these lots has at least one acre that is needed to be above the floodplain. So, therefore they are reconfiguring the lot lines to make it so both of these lots can be independent of each other and can become more conforming. So, there is no opposition to this application. And, it seems like a very simple thing at fixing some problems that occurred way back gives before all the lot regulations came into effect. So, I think Ms. Wilson will be very appreciative if we go ahead and approve this. And, that is reason we put it on the Consent Agenda. Thank you. Mr. Weiner: Thank you, sir. The next two items are the short-term rental that has been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of section 241.2 of the Zoning Ordinance. Staff supports the application 1 and there is no known opposition to this request for items number 9 and 17. And, saying that I would Move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of nine to zero Agenda Items number 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number 6 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITION 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and prepared by Michael W. Murphy, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 ilt-01, Vi Trrior___... l'oos Ilk"......- Wiari, ilk ririren li R1.0 ��_ �R10 % Ate" R1.0 10. o1r I II-- e0-IC'5-"a. 111-1'0- 1k %I = i i wil I alM ell tl i - r land � M_ Al2. land A, anus 1v. is k Maw giir' tame \ ', lig 111101.1.1".. . ma 111 11111,71. - 1.11. p juOiVa G 10 1 101 ; -1I 13,74-1-- --i- -- --- \ it :0100 1 .-130,, ,Crali0 t - V SO \ OAiii ,,,,,,......... ..„ R1_0 a ...1, .,10.... , ASIR ..10 i R1_0- 114, oriii k , B. rem s, ow 1111 ,11t R10 _ _ milli_: ...n, 1 ealkilitil*2.• 1111116;141011, -, ►�- R10 ; tip r *SS it 00110, 1 iR10 0giw ` �`� ,. � __. .-Alui _ di s_ _ ...• _ , nib -.-411 liAm jav Lamm WA Site Hal J. & Deborah Woolard W.,4N• S. Adjacent to 833 S Atlantic Avenue NVJ Property_Polygons s Zoning L Parking Lot Drive Aisle Feet [ -1-4:4,), f4rj Z 4iI� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Hal J. Woolard and Deborah Woolard for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 833 S. Atlantic Avenue in Croatan MEETING DATE: November 17, 2020 • Background: Hal J. Woolard and Deborah Woolard (the "Applicants") requested the closure of approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property located at 833 S. Atlantic Avenue (GPIN: 2426-37-9818), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been granted to property owners within the same block. 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. • Recommendation: The Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions, except Condition 1 has been modified to include the specific purchase price to be paid to the City: 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. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the property and vacate the internal lot lines to incorporate the closed area into the Hal J. & Deborah Woolard Page 2 of 2 adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat 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 Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities 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 is not approved for recordation within one year of City Council approval, said approval shall be considered null and void. • Attachments: Ordinance 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 ---Kj City Manager: i 1 ORDINANCE APPROVING APPLICATION OF 2 HAL J. WOOLARD AND DEBORAH WOOLARD 3 FOR THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 833 S. ATLANTIC AVENUE IN 6 CROATAN 7 8 WHEREAS, Hal J. Woolard and Deborah Woolard (the "Applicants") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "7.5' x 50' PORTION OF ALLEY TO BE 28 CLOSED" and "PART OF ALLEY 375 SF / 0.0086 AC", 29 shown on that certain street closure exhibit entitled: 30 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT 31 TO LOT 18, BLOCK 14, CROATAN BEACH, TO BE 32 CLOSED (M.B.24 P.37) VIRGINIA BEACH, VIRGINIA", 33 Scale: 1" = 20', dated November 20, 2019, and revised April 34 30, 2020, prepared by DKT Associates, a copy of which is 35 attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2426-37-9818 48 Pursuant to Street Closures", approved by City Council. It has been determined that the 49 purchase price to be paid to the City shall be $3,000, which is consistent with similar 50 street closures in this area. 51 52 2. The Applicants, or Applicants' successors or assigns, shall resubdivide the 53 property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining 54 parcel. The resubdivision plat must be submitted and approved for recordation prior to 55 final street closure approval. Said plat shall include the dedication of a public drainage 56 easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of 57 the Department of Public Works and the City Attorney's Office, which easement shall 58 include a right of reasonable ingress and egress. 59 60 3. The Applicants, or the Applicants' successors or assigns, shall verify that 61 no private utilities exist within the Right-of-Way proposed for closure. If private utilities 62 do exist, easements satisfactory to the utility company must be provided. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above-stated conditions within 365 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved within one (1) year 67 of the City Council approval, said approval shall be considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before November 16, 72 2021 , this Ordinance will be deemed null and void without further action by the City 73 Council. 74 75 2. If all conditions are met on or before November 16, 2021, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH (as "Grantor") and HAL J. WOOLARD and DEBORAH WOOLARD 88 (collectively, as "Grantee"). 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 91 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:.— Planning De artm nt City Attorney CA14883 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d028\p037\00679009.doc R-1 November 5, 2020 1. The exhibit shown hereon is based on a current field survey performed on October 29,2019 and In combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fail in flood zone(s)X as shown on the Federal Emergency Management Agency's National Flood Insurance Program's Rood Insurance Rate Map for the city of Virginia Beach. Map number 515531 0129 G,dated January 16.2015. 7 8 Sandcastle Cottage, LLC 9 Ronald W. Ark, Wai Wong Ark I GPIN #24263788040000 & Yuen Wong I Car! E. Cholewa, Jr. GPIN #24263787190000 I , and Elizabeth H.Cholewa REMAINDER OF GPIN #24263778990000 15' ALLEY (unimproved) N:3467822.30 -I- - - - - - - -- -I- - - E:12223644.04 1 .� PART OF ALLEY -I 375SF/0.00;6AC - -- - ' N 12'2,3'10"W 50.00'7.5'x to be closed portion of alley V NO'4'TH�9/n/a S7a�p Sib',zone NAD rg i�g N ste N o o 18 o `' 5,000 SF 0..1148 AG Roger S. Slagle Jon & Deana Hess Hal J. Woolard and GPIN GPIN #24263798330000 Deborah Woolard #24263799020000 GPIN #24263798180000 su r 6 17 n 40 19 1.r_ r. se 2 N:3467845.36 E:12223949.04`. /00.00'to South 8 12'23'1O"E 50.00' Maryland Avenue S. ATLANTIC AVENUE (50') (formerly Chautauqua Avenue) '��rilii• EXHIBIT SHOWING Graphic Scale 1"=20' ArrV3ii 07'.►, -.- ', Portion of 15' Alley adjacent to Lot 18, 0 10 20 40 C Block 14, Croatan Beach, to be closed Cr , /� ♦ (M.e.24 P.37) ' DKT Associates c_) DJ2.1CNIS T. L. MBAS r � Virginia Beach,Virginia November 20,2019 LAND SURVEYORS R Lie. No. 0021139 1100 Granby Street,Suite 100 y 4/30 f20 -� For: Hal and Deborah Woolard Norfolk,Virginia 23510 _a / Job Number 20024 Drawing Scale 1-=20' Tel. (757)588-5888 www,DKTAssociates.cem 4'O cc., / Field Book 281 Paper Size Legal Fax (757)588-5880 dkdassociatescgmatl.com _ S U R CAD Technician JSO Revised Date 4-30 20 ���f Revie,Aed By DT Sheet Number 1 of 1 IIN/BApplicants and Property Owners Hal J. & Deborah Woolard Agenda Item Public Hearing October 14, 2020 City Council Election District Beach 7 Virginia Beach Request Street Closure I Staff Recommendation z 1 Approval o " S „( Ro„c, i Staff Planner �1�=1 Bill Landfair s mNee- 3 Location �� S 5 t Adjacent to 833 S. Atlantic Avenue c‘ 7 K c Site Size 375 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed / Atlantic Ocean lt S Road t Azov' Existing Land Use and Zoning District Undeveloped right-of-way Surrounding Land Uses and Zoning Districts i ' + '" ) North 4 rt Single-family dwellings/R-10 Residential , South +� ;; Single-family dwellings/ R-10 Residential ,„ t.:4 - ` ` r-- EastIllir 1 t Single-family dwellings/R-10 Residential ,A. _` . �' West � . Single-family dwellings/R-10 Residential 5 1 P.4170-0H ....J.,* , --1, .-{i. et ,,. lialk- .-• oho Hal J. & Deborah Woolard Agenda Item 7 Page 1 Background & Summary of Proposal • As shown on the submitted street closure survey,the applicant requests to close half of the 15-foot-wide platted, unnamed,and unimproved alley,totaling 375 square feet,and incorporate into their adjacent residential lot, identified as Lot 18, Block 14,Croatan Beach, Beach District. T 1:::.3 v"\.: - \j---- Zoning History ( # Request M� �..�•. t 1 I STC(Portion of 15-foot wide alley)Approved I _._ 03/01/2016 R,p 2 STC(Portion of 15-foot wide alley)Approved {� ' t�' — s,� 01/23/2007 1�, {• 3 STC(Portion of 15-foot wide alley)Approved .3 V. 10/26/2004 \c_ \ --` 1:,Ali 4 STC(Portion of 15-foot wide alley)Approved _ _ _,_ 05/22/2012 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation As required by City Code,a Viewers' Meeting was held on August 31, 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 this request. The Viewers determined that the proposed closure will not result in a public inconvenience;therefore,closure of this portion of the right-of-way is deemed acceptable. On January 23, 2007, City Council approved closure of half of the 15-foot wide alley adjacent to Lot 14 in this block, Block 14.The City retained a public drainage easement over the closed portion of the alley. Similarly,the City retained a public drainage easement over the closed portion of the alley adjacent to Lot 19, also in Block 14, as a condition of approval by City Council on March 1, 2016.This closure was for a portion of the alley that is immediately adjacent and north of this site. The dedication of the drainage easement was a condition of both of these closures. The Department of Public Works has recommended that a public drainage easement be retained over the area proposed in this closure, as provided in Condition 2. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Hal J.& Deborah Woolard Agenda Item 7 Page 2 Recommended 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 applicants,or the applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the alley 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 applicants,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 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 is not approved for recordation within one year of the City Council vote to close the right-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. Public Outreach information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4,2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on September 28, 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 October 8,2020. Hal J.& Deborah Woolard Agenda Item 7 Page 3 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8,2020. • 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 November 2, 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 November 13,2020. Hal J. & Deborah Woolard Agenda Item 7 Page 4 Street Closure Survey 1. Tle r01L1t sham hewn b basal c.nova amid slaw y pahme0 on October 29.2010 aM h mNYratlon MOh the pta(a)antlh, damd(s)rrpsrod Wain.TMs surrey was twr5 ee,Rd MEW the banal are wrest be r t The eaeamena. erg an fi survey.It any.wee tlythd andk r War 1n the Mhel load Itt(s)e1d'a dee0(0)udssn ofaw6e raid. 2. 110a paper*taxman b Y In bad mrc(s)X as AD"on ar Faders!Erwvpnwy Wnagarnant AQrcfs Natica l Pbod Insurance Propsm's Food trauma=Rana Hap br the ally al Vagina 6ssdn Hip ember 51s531 Of29G.d.bd JsMwry 1S,2015. 7 Ronald W.Ark Wai Wong Ark Sandcastle Cottage,LLC 9 &Yuen Won GPIN#24263788040000 I Cart E.Chotewa,Jr. GPIN#24263787190000 I 1 and Elizabeth H.Cholewa R1a48.923ER OF GPIN#24263778990000 15'ALLEY - N.3467822.30-- _L E 12773644.04 1 i IY,J1- PART OF ALLEY 378 SF f0.00da AC a1 Tw a0.00' -- i -adm°i°onaatby Kab7.NORTy wooa,.,o ' RN $ 18 S.DDD SF 01'48'C Roger S.Slagle Jon&Deana Hess Hal J.Woolard and GPIN GPIN#24263798330000 Deborah Woolard #24263799020000 GPIN#24263798180000 a ■ 17 I 19 er a N:34117845.30 E.1222391904', a UY!!'IC a saw Maryland to ter, Mrybd Avenue S.ATLANTIC AVENUE(501 (10s'mrN Chautauqua Avenue) ♦• EXHIBIT 014OWING Clap*kith 1••9D' �C(,?t'TH oiNk # '' Portion of 15'Alley adjacent to Lot 18, D M a t0 ,p " ' Block 14,Croatan Beach,to be dosed (MB&P.S71 DKT Associates 44 ci?}�Lt NTS 1S y VN5*n 6esd va9ns Wanner 20 201a LAND SURVEYORS 1 Lic. No 002189 1100 Oeby street Niue 100 ¢ For:Hal and Deborah)Woolard NcnkN.watt 23510 IL if 4/3°f2° ,+n/ Jab Wham TO07A Dam*Sara r.20 TeL(157)588.9308 woad3XTAasadMnan f, / ROId ant 281 Floors a Ls� Faa(7S7)585.5880 dimsma aes icam _�0 t)F v-/ CAD Techsldln J80 MANIC Osb e,4040 �..i Roamed W DT Stoat Number 1 M 1 Hal J. &Deborah Woolard Agenda Item 7 Page 5 Site Photos Win' 3 I J� i • ' 0• 045 $ J�J�F. xY• poa W , aR R ` �i rt' J A ice ' ! # I 4 r •...e • t '..t-. -S� . 1 ' ... ,F.-- ..iiiip,... .. ..,... . ir;,. . :11, ow • .1 ; i I T r • Y: f. Hal J. & Deborah Woolard Agenda Item 7 Page 6 Disclosure Statement \113 APPLICANT'S NAME Hal J.&Deborah Woolard 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 Appeals Encroachment Request Rezoning __ _ 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 CITti USE ONLY/All dsr osu'es mEt to up;a.ed te.r,Li)weeks pr.or to any Page 1 of 7 Flan Iv r"nt rn:sion and Gt.Coilno,meet n..the neridhts to the a_-Llicatr«1sl _ 0 APPLICANT NOTIFIED OF NEARING [?AD ...,8( I _ CHANGES AS OF 0.47E a REVISIONS SUBMITTED PATE I 71/P,/ ` Hal J. & Deborah Woolard Agenda Item 7 Page 7 Disclosure Statement Nif3 Virginia Beach IX] Check here if the APPUCANT 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:Hal J.&Deborah Woolard 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 ff property owner Is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 7 Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND_7HEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: -- — Page 2 of 7 Hal J. & Deborah Woolard Agenda Item 7 Page 8 Disclosure Statement N1B.t. Virg nia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "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 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. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or nbusiness 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 Hal J. & Deborah Woolard Agenda Item 7 Page 9 Disclosure Statement APPLICANT !it nia Beach YES NO SERVICE LPROVIDER fuse additional sheets if —--_-- needed) ❑ " Accounting and/or preparer of your tax return ZArchitect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n Imo/ purchaser of the subject property f I l/� (identify purchaser(s)and purchaser's service providers) Construction Contractors — `� ❑ Engineers/Surveyors/Agents DKT Associates Financing(include current TowneBank mortgage holders and lenders /1 ❑ selected or being considered to provide financing for acquisition or construction of the property) ix] ❑ Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property tw f► 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 Hal J. & Deborah Woolard Agenda Item 7 Page 10 Disclosure Statement 4 is 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 I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �7 \ 1�— C ���- Hal J.Woolard 51r11201. AP UCANT'5 SIGNATURE �_ PRINT NAME DAT Page 5 of 7 Hal J. & Deborah Woolard Agenda Item 7 Page 11 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. Hal J. & Deborah Woolard Agenda Item 7 Page 12 Item # 7 Hal J. & Deborah Woolard (Applicants & Owners) Street Closure adjacent to 833 S. Atlantic Avenue October 14, 2020 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Okay, move on to item number seven. Hal and Deborah Woolard street closure adjacent to 833 South Atlantic Avenue in the Beach District. Mr. Bourdon:Thank you, Mr. Weiner. Madam Chair and members of the Commission. For the record Mr. Eddie Bourdon, Virginia Beach Attorney representing Mr. and Mrs. Woolard, I appreciate Mr. Landfair's work on this standard alley closure in Croatan. All four conditions are acceptable to the applicant. And, if you want to save time, the same is true for the next application. Mr. Weiner: Okay. Thank you. I will come back to that. Mr. Bourdon: Thank you. Mr. Weiner: Is there any opposition to this being on the Consent Agenda? Hearing none. Mr. Alcaraz is going to read this in the record for us. Mr. Alcaraz: Sure. Thank you. This applicant requests to close half of the 15-foot wide plotted unnamed and unimproved alley, adjacent to 833 South Atlantic Avenue, totaling 375 square feet and incorporate into their adjacent residential lot identified as lot 18, Block 14, Croatan Beach District. Staff recommends approval. The Planning Commission supports the conditions as stated and it is on the Consent Agenda for approval. Thank you. Mr. Weiner: Thank you, sir. The next two items are the short-term rental that has been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this request for items number 9 and 17. And, saying that I would Move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. 1 Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By a recorded vote of nine to zero Agenda Items number 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number 6 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE 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 applicants, or the applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley 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 applicants, 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 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 is not approved for recordation within one year of the City Council vote to close the right-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 3 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 s +, i - .NV' N a. 0 0 `�" N � _ O Co 101 I : 11,14\i,\I I\ `\ 00 0 r , \ I O 1 il 1 N O ii t S\ tit $101" - ' (%) lc 0 0 gOt • � Aye a000116 \ - . i .— ii t *,77-,. 1 C •.►� Atlan II�� t c < _ ----mod it% Ili III 2 us ti 0 o 1 0es 2 �110 _ p11e�y _cc liok p t II i 1 - . cp_, ,0\ 4 I' 0 a i2 nue �*0 �► pie 1 f b,lt 1...4 _ arc li d 1 iiiir - der t van 0•4I p �► i 1 otor till __ i a) (71 , :< o iii via tali AI \ Ti\st = lley © cr)>. o .ter tp , Alley ry t will CL 46 /. o, itc * * taw ir„7.. , a) c LQri . a N m%.1 C4 1 !B r,„„g„�►� �� �de vpenue 00a us o H: c pes. ) 4'. ii CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: Ordinance Approving Application of Jon S. Hess and Deana M. Hess for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 837 S. Atlantic Avenue in Croatan MEETING DATE: November 17, 2020 • Background: Jon S. Hess and Deana M. Hess (the "Applicants") requested the closure of approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property located at 837 S. Atlantic Avenue (GPIN: 2426-37-9833), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been granted to property owners within the same block. 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. ■ Recommendation: The Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions, except Condition 1 has been modified to include the specific purchase price to be paid to the City: 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. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the property and vacate the internal lot lines to incorporate the closed area into the John S. & Deana M. Hess Page 2 of 2 adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat 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 Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities 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 is not approved for recordation within one year of City Council approval, said approval shall be considered null and void. • Attachments: Ordinance 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 City Manager:flp 1 ORDINANCE APPROVING APPLICATION OF 2 JON S. HESS AND DEANA M. HESS FOR 3 THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 837 S. ATLANTIC AVENUE 6 IN CROATAN 7 8 WHEREAS, Jon S. Hess and Deana M. Hess (the "Applicants") applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 10 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "7.5' x 50' PORTION OF ALLEY TO BE 28 CLOSED" and "PART OF ALLEY 375 SF/0.0086 AC", and 29 shown on that certain street closure exhibit entitled: 30 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT 31 TO LOT 17, BLOCK 14, CROATAN BEACH TO BE 32 CLOSED (M.B.24 P.37) VIRGINIA BEACH, VIRGINIA", 33 Scale: 1" = 20', dated November 20, 2019, and revised April 34 2, 2020, prepared by DKT Associates, a copy of which is 35 attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2426-37-9833 48 Pursuant to Street Closures", approved by City Council. It has been determined that the 49 purchase price to be paid to the City shall be $3,000, which is consistent with similar 50 street closures in this area. 51 52 2. The Applicants, or Applicants' successors or assigns, shall resubdivide the 53 property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining 54 parcel. The resubdivision plat must be submitted and approved for recordation prior to 55 the final street closure approval. Said plat shall include the dedication of a public 56 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the 57 approval of the Department of Public Works and the City Attorney's Office, which 58 easement shall include a right of reasonable ingress and egress. 59 60 3. The Applicants, or the Applicants' successors or assigns, shall verify that 61 no private utilities exist within the Right-of-Way proposed for closure. If private utilities 62 do exist, easements satisfactory to the utility company must be provided. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above-stated conditions within 365 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved for recordation 67 within one (1) year of City Council approval, said approval shall be considered null and 68 void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before November 16, 73 2021 , this Ordinance will be deemed null and void without further action by the City 74 Council. 75 76 2. If all conditions are met on or before November 16, 2021, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the underlying 80 fee, the City Manager or his designee is authorized to execute whatever documents, if 81 any, that may be requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 83 84 SECTION IV 85 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 87 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH (as "Grantor") and JON S. HESS and DEANA M. HESS (collectively, 89 as "Grantee"). 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of , 2020. APPROVED AS TO CONTENT: APPROVED ASS LEGAL SUFFICIENC Planning Dep ment City Attorney CA14882 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p037\00679008.doc R-1 November 5, 2020 1. The exhibit shown hereon is based on a current field survey performed on November 8,2019 and In combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report The easements appearing on this survey,If any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fall in flood zone(s)X as shown on the Federal Emergency Management Agency's National Flood Insurance Program's Flood Insurance Rate Map for the city of Virginia Beach. Map number 515531 0129 G,dated January 16,2015. v/,B;n� NOR7-y 7 Sr$te l3ene ZOne /vAO 1 8r3 llnefe Sysre Ronald W. Ark, Wai Wong /7g93�4R� I Ark & Yuen Wong 6 i GPIN #24263787190000 1 8 1 John R. Hitchcock REMAINDER OF and Cheryl S. Hitchcock I 15' ALLEY I Sandcastle Cottage LLC GPIN #24263787240000 GPIN #24263788040000 (unimproved) 1 — - - -l- - - - - - - - -I- —N:3487822.33 • /E 12223843.91 1 PART OF ALLEY 'F 375 SF/0.0086 AC i N 12'19'34'W 50.00' 7.5'x 50'portion of alley to be closed o 0 o p 17 Thomas M. Bates 5,000 SF Hal J.Woolard and GPIN #24263797080000 0.1148 AC Deborah Woolard GPIN #24263798180000 3 Jon and Deana Hess w lo GPIN N e #242637983.30000 c n a z 16 18 N:3467845.28 1E 12223948.93 150.00'to South S 12'19'34"E 50.00' Maryland Avenue SOUTH ATLANTIC AVENUE (50') (formerly Chautauqua Avenue) Gr�pfticSc•M 1-=20' ��—��� EXHIBIT SHOWING : Portion of 15'Alley adjacent to Lot 17, 0 10 20 40 0�' r-. Block 14, Croatan Beach to be closed ♦ �'' ,yj� ' (M.B.24 P.37) D K T Associates 4 ,.., DENNIS rI'f PSI.HM1SIAS Y AVirginia Beach,Virginia November 20,2019 LAND SURVEYORS T,ic. No. 002189 1100 Granby Street.Suite 100 % Q'0 For: Jon and Deana Hess Norfolk.Virginia 23510 11/20/19 c: - ,l, _� / Job Number 20113 Drawing Scale 1'-20' Tel. (757)588-588B www.DKTAsivi fates corn II\ d F. 0 Field Book 145,280 Paper Size Legal INS Fax (757)58BS880 dktassodales`aigmal.com S t,t R )_� CAD Technician JSO Revised Date 4-2-2020 ���� Reviewed By DT Sheet Number 1 of 1 Applicants and Property Owners Jon D. & Deana M. Hess Agenda Item Public Hearing October 14, 2020 _ City Council Election District Beach 8 City of Virginia Beach Request Street Closure Staff Recommendation J Approval 47 Cr .Road t L —~ Staff Planner Bill Landfair o Its\ Location Adjacent to 837 S. Atlantic Avenue s $je • Site Size 375 square feet AICUZ 65-70 dB DNL;Sub-Area 2 Watershed Atlantic Ocean Rale Range 1°o341 Existing Land Use and Zoning District Undeveloped right-of-way Surrounding Land Uses and Zoning Districts North Single-family dwellings /R-10 ResidentialAlOik� South �` �, Single-family dwellings/R-10 Residential ary���dAye� East 110 Single-family dwellings/R-10 Residential ` '' West ..dLL a Single-family dwellings/R-10 Residential • � " Q # tSnowom` �� d as Jon D. & Deana M. Hess Agenda Item 8 Page 1 Background & Summary of Proposal • The property owners propose to close a portion of the that is adjacent to their rear lot line. • As shown on the submitted street closure survey,the applicant requests to close half of the 15-foot-wide platted, unnamed, and unimproved alley,totaling 375 square feet,and incorporate into the adjacent residential lot, identified as Lot 17, Block 14,Croatan Beach, Beach District. RA _ vM,o, r Zoning History slo �dA r �� # Request _-` _ r. 1 STC(Portion of 15-foot wide alley)Approved • \- 03/01/2016 C ,._ 2 STC(Portion of 15-foot wide alley)Approved 01/23/2007 { ' 3 IRS . 3 STC(Portion of 15-foot wide alley)Approved ;tea _< `' 10/26/2004 L r "�1. , ,� 4 STC(Portion of 15-foot wide alley)Approved 05/22/2012 y f ' 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation As required by City Code,a Viewers' Meeting was held on August 31, 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 this request. The Viewers determined that the proposed closure will not result in a public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. On January 23, 2007,City Council approved closure of half of the 15-foot wide alley adjacent to Lot 14 in this block, Block 14. The City retained a public drainage easement over the closed portion of the alley. Similarly,the City retained a public drainage easement over the closed portion of the alley adjacent to Lot 19,also in Block 14,as a condition of approval by City Council on March 1, 2016. The dedication of the drainage easement was a condition of both of these closures. The Department of Public Works has recommended that a public drainage easement be retained over the area proposed in this closure, as recommended in Condition 2. Based on the considerations above,Staff recommends approval of the proposed Street Closures subject to the conditions listed below. Jon D. & Deana M. Hess Agenda Item 8 Page 2 Recommended 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 applicants,or the applicant's successors or assigns,shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley 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 applicants, 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 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 is not approved for recordation within one year of the City Council vote to close the right-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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. Jon D. & Deana M. Hess Agenda Item 8 Page 3 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on November 13, 2020. Jon D. & Deana M. Hess Agenda Item 8 Page 4 Street Closure Survey 1 The exhlbh shover hereon breed on a euee,t fled survey Perfumed cn November 8,2019 end C mrbkutlon win Me W+4s)a 25e seed(*)referenced harem T.tis su nay was perto3nec wlU,uI the bane&of e cunern ase report The easements oppeare;on this survey.if any,were depsoc andle noted In the slammed patio)and'*dosage)unlere dwevdee nosed. 2 Thb property appeals to fall C flood sone(s)tk as shown on 6e Federal Emerprtq MenegemrK Agency%NI.0 b flood Insurance Prngrn's Flood Insurance Rate Map knee Uly of Virginia B•ch.Map meter 515631 0129 G.dated January 16.2015. � NpR� 7 .a zp'4 'o, ,F�H Ronaalc dW.Y Ark, Wai Wong uen 6 GPIN#24263787190000 : 8 John R.Hitchcock REMAINDER OF and Cheryl S.Hitchcock 151 ALLEY Sandcastle Cottage LLC GPIN#24263787240000 GPIN#24263788040000 (utsnprovaA) --- -I------------I---µ 3487822.33 a /E:12223843.91 PART OF ALLEY 315 SF/0.0066 AC --- r N 12'1974e W 60.00 7.5's 50'portion of May b be closed 17 Thomas M.Bates 5,000 SF Hal J.Woolard and GPIN#24263797080000 0.1148 AC Deborah Woolard GPIN#24263798180000 Jon and Deana Hess ■ GPIN #24263798330000 d z 16 18 N 3467/34628 E:12223946 93 180.00b ROI& a 12'1 P34'■ 60.00' dfq'Yrd Ammo SOUTH ATLANTIC AVENUE(50') Do/marts Ch...Nre Avenue) /4�et._ EXHIBIT SHOWING Graphic Spate I.•20' �aar ATM Op _MNf 1.j,Q Portion of 15'Alley adjacent to Lot 17, o 10 20 40 I Gz Block 14,Croatan Beach to be closed cc ��'' (M.624 F37) DKT Associates DENNIS T AS a: Virginia Reach s,MOW November 202c1p LAND SURVEYORS ' Lid. No. 002189 1100 Granby street Suite 100 1 e e 0 Foe: Jon and Deana Hops Nab..Virginia 23610 ,>A 11/20/19 Y b JOa Nona 20113 Drawing Scale m••20' Tel.(75715888M enveDKTAssor ate em O f. 0 Mid Boot 145,280 Paper Size Legal Fax�7)596 llbseocb�mb mT (1 R � G1D Tetlmban JSO Reviewa-12020 ��/ Reviewed try OT Sheer Numb. m o Jon D. & Deana M. Hess Agenda Item 8 Page 5 Site Photos �,8 N _ L ^f,1 k 1 .. V' - T 7.- 11 'i 111; 1111:4;_.,' T R a .,r- Oliillll !'. =ri1 IIIIIIIIII. ,,,._.IIII!1 III . -00--11. 41111 v r r - W. t: IIIIIIII IIIIIIIIIIIIIIIIIIIII111Ifflu1IIIIIIIIII IIIIiiIII; -7711 -- - - -- tar i 0 A—10 ,rn...,?,::—.:-.—:-...=-,7-r-'— 1 tar---T-- ------: .4 i Imo. \. jai+ Jon D. & Deana M. Hess Agenda Item 8 Page 6 Disclosure Statement NB Virginia Beach APPLICANT'S NAM EJon s.&Deana M.Hess 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: I Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes i Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning _p_peals ._ - _ _ Certificate of Floodplain Variance Appropriateness • Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board __ Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, E 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/A distlostres n1U5t be ltodatcd t,..o ici wees!5 prio,to any I Page 1 of 7 I"et mr. Cornm scion andC Cotinctl mortln2 that crtams IO tilt eI:Lca, ntclg. APPLICANT No FIFIED OF HEARING DAIS NO CHANCES AS OF DATE )*Ii.,..) I 0 REVISIONS SUBMITTED f.iATE �� Jon D. & Deana M. Hess Agenda Item 8 Page 7 Disclosure Statement Virginia Beach: ® Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business,or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jon S.&Deana M. Hess 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 J,provertry_owner is different from Applicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. rI 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 Jon D. & Deana M. Hess Agenda Item 8 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 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,(il)a controlling owner in one entity is also a controlling owner in the other entity,or (Iii) there is shared management or control between the business 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 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 Jon D. & Deana M. Hess Agenda Item 8 Page 9 Disclosure Statement 113 APPLICANT Virginia Beach PROVIDER(use additional sheets if YES NO ( SERVICE needed)xAccounting and/or preparer of your tax return nxi Architect/Landscape Architect/ I I Land Planner Contract Purchaser(if other than ® the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents DKT Associates Financing(include current Middleburg Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ D Agents/Realtors for current and anticipated future sales of the subject property e. e 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 Jon D. & Deana M. Hess Agenda Item 8 Page 10 Disclosure Statement I\B Virginia Beach )CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 'complete,true,and accurate. I understand that, upon receipt of notification that the application has been !scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA j meeting, or meeting of any public body or committee in connection with this ',Application. ____ —— wS/6e-71 Jon S. Hess Sir t) { uc N 'S SIGNATURE i � PRINT NAME 097E k Vt..,�_}AA\ b Deana M. Hess - 5l LA)1 ---- Page 5 of 7 Jon D. & Deana M. Hess Agenda Item 8 Page 11 Item # 8 Jon S. & Deana M. Hess (Applicants & Owners) Street Closure Adjacent to 837 S. Atlantic Avenue October 14, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, sir. The next one is item number eight, Jon and Deana Hess, street closure adjacent 837 South Atlantic Street, Beach District. I know we heard you before what you have said Mr. Bourdon. Please. Mr. Bourdon: I say ditto. Mr. Weiner: That is fine. Mr. Bourdon: For the record Eddie Bourdon. The applicant support the conditions and appreciate being on the Consent Agenda. Thank you. Mr. Weiner: Thank you, sir. Is there any opposition to this being on the Consent Agenda? Hearing none, Mr. Alcaraz is volunteered again. Mr. Alcaraz: Sure, ditto. The applicant requested closure of the 15-foot wide platted unnamed and unimproved alley adjacent to 837 South Atlantic Avenue, totaling 375 square feet to incorporate into the adjacent residential lot identified as a lot 17, block 14, Croatan Beach, Beach District. Staff recommends approval and the Planning Commission support this for Consent Agenda. Thank you. Mr. Weiner: Thank you, sir. The next two items are the short-term rental that has been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this request for items number 9 and 17. And, saying that I would Move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. 1 Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of nine to zero Agenda Items number 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number 6 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE 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 applicants, or the applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley 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 applicants, 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 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 is not approved for recordation within one year of the City Council vote to close the right-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 3 Certificate of Occupancy, are required before any approvals allowed by this application are valid 4 \ \ */\'‘\PD-H1 40 .� l*c O rroz\1/4' / 42, o0 /9‹ N-----) ._ l I 68<.( ' /' - -* ' ° : ; • f , PD: ; ,�' IP • AO o O�o0 PD;H 1 o,��' C:::- --0 •04 IOC o PD-H1 P -H1' NN N„ / ,/‘ .._ 2 ` ,/4 N WA Site 1 Property_Polygons Latifah Privott w� ��, r 4494 Cherrywood Lane Zoning s Parking Lot Drive Aisle I m Feet L I Building 0 15 30 60 90 120 150 180 trVA, 4014, CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: LATIFAH PRIVOTT [Applicant] ANTHONY PRIVOTT [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 4494 Cherrywood Lane (GPIN 1486202258). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: November 17, 2020 • Background: This application was originally scheduled for the October 6, 2020 City Council public hearing. As that meeting was cancelled, this request was moved to the November 17, 2020 agenda. The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Green Run neighborhood. The applicant has over 10 years experience caring for children. The 6,025 square foot property has an enclosed fenced-in backyard and sideyard for the children to play outdoors. The typical hours of operation are 7:30 a.m. to 6:30 p.m., Monday through Friday. • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's policies for residential areas, as it will provide a valuable service for families in the Suburban Area. The final number of children permitted to be cared for by the applicant will be determined by the Virginia Department of Social Services, but as conditioned below that number cannot exceed 12. The property appears to be organized and well-kept. To alleviate the potential for congestion of client parking in the right-of-way, a condition is recommended to stagger pickup and drop off times. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this request. • Recommendations: On September 9, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. Latifah Privott Page 2 of 2 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. This Conditional Use Permit is limited to the applicant only, as the main provider of the Family Day-Care Home. 5. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 8. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 9. There shall be only one Home Occuaption, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. • 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 Manager: ,,?,410 Applicant Latifah Privott Agenda Item Property Owner Anthony Privott Smb 9, 2020 2 CityoJ CityPublic CouncilHearing Election epte District er Centerville Virginia Beach Request Conditional Use Permit (Family Day-Care Home) �/ . 1� p .I� r Staff Recommendation SA / 44 a. R°� I i Approval ��� � on . Cam pion Avenue J i \ F/Q°w ar�y R Staff Planner �- °+a.°°°ac` / /4 Marchelle Coleman ' ye coo. °`ry LocationlaAe �Q� Sum `P �" fib- 4494 Cherrywood Lane 110. , 411101P *2- GPIN 1486202258 letrilligi, 4111 Site Size 6,025 square feet AICUZilk r # I Less than 65 d6 DNL ` Watershed \ . Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ PD-Hi Planned Unit Development Surrounding Land Uses and Zoning Districts %._, • •. North __ _.., Cherrywood Lane \.N. ` ; ,> Single-family dwellings/PD-H1 Planned Unit , Development /.' South ~� .is ' �,, S. Independence Boulevard " , o� �` Convenience store, shopping center/ PD-H1 'i `.,_ ;n- Planned Unit Development `� f; :. .0 East . • Single-family dwelling/ PD-H1 Planned Unit r Development ♦ --N. •r" West Single-family dwelling/ PD-H1 Planned Unit Development Latifah Privott Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within the single-family dwelling in the Green Run neighborhood. • The applicant has over 10 years experience caring for children and is the only caregiver associated with the proposed day-care. • The 6,025 square foot parcel has an enclosed six-foot tall fenced-in backyard and sideyard for the children to play outdoors. • The typical hours of operation are 7:30 a.m.through 6:30 p.m., Monday through Friday. PD-H1 Zoning History • Var,'Irr # Request \ 1 LUP(Green Run Master Plan)Approved 06/14/1971 �// r . 2 MOD LUP(Religious Use)Approved 04/28/1992 ' CUP(Religious Use Expansion)Approved 10/13/1992 ", `,.\ , CUP(Religious Use)Approved 08/24/1999 \ • ‘ 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 request for a Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion,consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well- kept,successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. The applicant has requested to provide day-care services for 12 children.A Family Day-Care Home with four or less children is permitted by right in residential districts. When the number of children cared for increases to five or more children,excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at any one time to alleviate the potential for congestion in the right-of-way. In general, approval of a Conditional Use Permit runs with the land; however,due to the nature of the use,Staff recommends a condition to limit this Conditional Use Permit request to only this applicant. Each Family Day-Care Home operator should make the request with the City and allow Staff the opportunity to inspect the site and evaluate the operating conditions on an operator-by-operator basis. Latifah Privott Agenda Item 2 Page 2 In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and,subject to the conditions listed below,will not be detrimental to any adjacent land uses. Based on these considerations,Staff recommends approval of this request. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12)children,other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. This Conditional Use Permit is limited to the applicant only,as the main provider of the Family Day-Care Home. 5. No more than one(1) person,other than the applicant,shall assist with the operation of the Family Day-Care Home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 8. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 9. There shall be only one Home Occupation,the Family Day-Care Home,operating on the property associated with this Conditional Use Permit. 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. Latifah Privott Agenda Item 2 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Cherrywood Lane No Data Available Existing Land Use Z=10 ADT Proposed Land Use 58 ADT lAverage Daily Trips 2 as defined by a single-family dwelling with a family day-care home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Cherrywood Lane in the vicinity of this application is considered a two-lane undivided local street.This roadway is not included in the MTP and no roadway OP projects are planned for this area. Public Utility Impacts Water&Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 10, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on November 13, 2020. Latifah Privott Agenda Item 2 Page 4 Site Layout 4482 CFERRYWOOD LN 4* 4486 CMERRYWOOD LN 4414 / 4490 OIERRYW000 LN / • 44 Shed „v.?, .? / Single-family /' 4403 Dwelling ,' 4483 CMRRYWOOD 1 • 6ftTall Privacy Fence 4487 4491 • 4487 O1ERRYWOCYf LN • 4491 O1ERR'YWOOD L$ \IL837 ORANG Latifah Privott Agenda Item 2 Page 5 Site Photos - 407,14 I Naii t _f1 1 r M ,40 r 41111 } Latifah Privott Agenda Item 2 Page 6 Site Photos N tea*;'. �* 'r:}• '..)31114.a. : '• , �� +l ' • 4. '_ apL• �� oe • , ,....iiiiiiiimiiillk.\. . - , ; ' Latifah Privott Agenda Item 2 Page 7 Disclosure Statement 1'ir inin livach APPLICANT'S NAME Latifah Privott 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 dudosutes must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING I DATE ® NO CHANGES AS OF DATE 11/3/2020 MLC REVISIONS SUBMITTED DATF Latifah Privott Agenda Item 2 Page 8 Disclosure Statement \11-3 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:Latifah Privott 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 footnotesI and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 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:Anthony L. Privott, II If an LLC, list the member's names: Page 2 of 7 Latifah Privott Agenda Item 2 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation- See State and Local Government Conflict of Interests Act,Va. Code§ 2 2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. rr - 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 Latifah Privott Agenda Item 2 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) nAccounting and/or preparer of Diversified Strategies-Linda your tax return Carrington ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Nthe 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) • NConstruction Contractors • IXEngineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • MLegal 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 Latifah Privott Agenda Item 2 Page 11 Disclosure Statement A/B Virginri Reach CSTIFICATION. I cartity 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. VRDA meeting. or meeting of any public body or committee in connection with this Application. 11-11- AR>� PRINT Nile DATE Page 5of7 Latifah Privott Agenda Item 2 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) h( ❑ Accounting and/or preparer of Diversified Strategies-Linda your tax return Carrington Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than pithe 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) Construction Contractors I I Z Engineers/Surveyors/Agents Financing(include current T mortgage holders and lenders • �. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ❑ 7. 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 ❑ ICJ 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 Latifah Privott Agenda Item 2 Page 13 Disclosure Statement VB CB iTIFICATION- I certdy that all of the information contained in this Disclosure aatement 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. FFOltilnfovaam sONATUFE RiNT Kim DATE Pwju 7 of Latifah Privott Agenda Item 2 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. Latifah Privott Agenda Item 2 Page 15 Item # 2. Latifah Privott [Applicant] Anthony Privott [Owner] Conditional Use Permit (Family Day-Care Home) 4494 Cherrywood Lane September 09, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver: Thank you very much for taking the time to come down and speak. And, with that, we are going to go ahead and move on to the Consent Agenda and Mr. Weiner. Yes, you. Would you take that over please? Mr. Weiner: Thank you, Madam Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred. There are no speakers signed up in opposition to the Planning Commission. The Planning Commission places on the following applications on the Consent Agenda, Item numbers 2, 3, and 4 on the consent agenda. The Planning Commission also places the following applications for the Conditional Use Permit for Short Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission supports the applications and there are no known speakers signed up to comment is belated item 6, 7, 10, and 11. Is there anyone here in opposition of these items being put on the Consent Agenda? As hearing none, I Move for approval of the following items to being on the Consent Agenda items 2, 3, 4, 6, 7, 10 and 11. Ms. Oliver: Right. Thank you, is there a second please? Mr. Alcaraz: I will second. Ms. Oliver: Alright, we got a second. Is anybody need to abstain from any of these items? Ooh, I do. Excuse me. Hold on one second. I forgot it went on. I am going to abstain from item number seven. I am a party to a court case that is unrelated to the Planning Commission or this application, but a representative of the applicant is involved in this case, so, I have chosen to abstain. Ms. Coleman:If you are in favor of the motion say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. 1 Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman:Mr. Graham, Mr. Horsley, Mr. Inman, and Ms. Klein are all absent. Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Wiener. Mr. Weiner: Yes. Ms. Coleman:And, Ms. Oliver. Ms. Oliver: Yes, with the exception of number seven. Ms. Coleman:Okay. By recorded vote of seven for and zero against with the notations noted on number seven. The following items 2, 3, 4, 6, 7, 10, and 11 have been recommended for approval by consent. If you have had an application that was on Consent Agenda today 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 and watch. Thank you all for your participation. Ms. Oliver: Thank you for coming down. And, now we will move on. 2 AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes AYE Coston AYE Graham ABSENT Horsley ABSENT Inman ABSENT Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. This Conditional Use Permit is limited to the applicant only, as the main provider of the Family Day-Care Home. 5. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 8. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 3 9. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 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 a) z N.� s II_ CD i N 0 Ia.,j M N O co I ///, lt, AP ------, )proil41/4'''''.,. J If r --,, ,, 4/0/1/3 I : CO ip �if0 U py01ti ��/41 I 1 t i� .....„.,,, • = = Ii , ,, ni,_ , _,..._ co co / nipAr, / CD •— ' i ic4.41. > %— / I:' / N',, /"7h.. - 14 m / /i, / n C : , : i6—>a-) it „VO (0 cn � N ----\ u s� ( .-...,'psi "' ts' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VALVOLINE INSTANT OIL CHANGE [Applicant] JOHN & RITA NINOS [Property Owners] Conditional Use Permit (Automobile Service Station) for the property located at 5101 Virginia Beach Boulevard (GPIN 1467854801). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for an Automobile Service Station at the corner of Virginia Beach Boulevard and North Witchduck Road. The proposal includes redevelopment of the approximately 31,000 square foot parcel with a new 1,668 square foot building with two overhead garage doors to provide automotive oil change services. The proposed development will result in the closure of two of the three existing vehicular ingress/egress points along Virginia Beach Boulevard. The ingress/egress along North Witchduck Road will remain a shared access easement for use by both this parcel and the parcel to the west. • Considerations: The site is in the West Campus District of the Pembroke Strategic Growth Area (SGA) which envisioned a mid to low-rise academic village and service district. While the proposed use of an Automobile Service Station is not consistent with the Comprehensive Plan recommendations, there are similar automobile-related uses in the vicinity. In Staff's opinion, the request is appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. Since the site is located in the Pembroke SGA, the applicant worked closely with Staff to ensure that the building façade is consistent with the design guidelines of the Pembroke SGA Plan which will allow for new future usage of the building to be consistent with the Pembroke SGA. While on the Planning Commission's consent agenda, a condition was added that requires a reduction in impervious cover by replacing approximately 3,200 square feet of pavement with turf on the southern portion of the property that is bounded by the shared access easement to the south, the 15 feet Category IV landscape buffer to the north, and the ingress/egress lane to the west. The new Condition 10 is identified below with underlined text. 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. Valvoline Instant Oil Change Page 2 of 3 • Recommendation: On October 14, 2020, the Planning Commission placed this item on the Consent Agenda with the addition of Condition 10, passing a motion by a recorded vote of 9-0 to recommend approval of this request. 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Site Plan,"dated July 15, 2020, and prepared by CESO. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled "Site Landscape Plan," dated July 15, 2020, and prepared by CESO. In addition, the applicant/owner shall install and maintain shrubs and foundation planting along Virginia Beach Boulevard. 3. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Valvoline Instant Oil Change, Virginia Beach, VA — Brick/Brick," dated July 13, 2020. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 4. Any onsite signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 5. There shall be no portable or nonstructural signs or electronic display signs on the site. 6. There shall be no repairs of automobiles on-site and all work on automobiles shall be completed within the enclosed building. 7. There shall be no outdoor storage of equipment, parts, tires, or materials. 8. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 9. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Valvoline Instant Oil Change Page 3 of 3 10. Unless otherwise deemed in conflict with existing codes and regulations, the applicant shall install and maintain a grassed area that is bounded by the shared access easement to the south, the 15 feet Category IV landscape buffer to the north, and the ingress/egress lane to the west. ■ 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 Y City Manager: PW Agenda Item Applicant Valvoline Instant Oil Change Property Owners John & Rita Ninos /� Public Hearing October 14, 2020 cityoJ City Council Election District Kempsville 6 Virginia Beach Request Conditional Use Permit (Automobile Service Station) 1Xt Staff Recommendation 14 11 Approval ,� #�1* Y@� J ' �h @ r .� Fl°qs Staff Planner %,, a Hoa N. Dao s • 11111 M.„ ..+� j i o A 0 .11 Location Al� 5101 Virginia Beach Boulevard s GPIN L_ Alin 1467854801 i _. Site Size 10 1 30,772 square feet AICUZ Less than 65 dB DNL __—t ` 0aLs.••„T v..' ..a° Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant parcel/ B-2 Community Business , r Ft ,d Surrounding Land Uses and Zoning Districts r '°� �1`� ��s North �`� Virginia Beach Boulevards Mixed retail / B-2 Community Business j'f.: ''(::,:,.:::.;,L'iL, 1 South *‘'''1'.:7: ;41iv /� Multi-family dwellings/A-24 Apartment I' East . "` North Witchduck Road - � Vacant parcel/B-2 Community Business '..g _ West " •3 1`4,4 ,- , t ,? , i Mixed retail/ B-2 Community Business fit ', ? N l I Valvoline Instant Oil Change Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Automobile Service Station to provide oil change services within a new 1,668 square foot building with two bay doors at the corner of Virginia Beach Boulevard and North Witchduck Road. • The subject site is in the West Campus District of the Pembroke Strategic Growth Area (SGA). • The submitted Landscape Plan depicts screening along the southern side of the property where it abuts multi-family dwellings, along the eastern property line to screen the bay doors from North Witchduck Road, and along the western property line abutting mixed retail uses.Additional plant material is also proposed along the frontage of Virginia Beach Boulevard. • The Zoning Ordinance requires a Category IV screening,which includes a 15-foot buffer with planting that reaches a height of 30-feet at maturity along the southern property line where the property abuts the Apartment District; however, due to the location of the shared access and utility easements, it is not practical to install the landscape buffer along the property line without encroaching into the access easement.As an alternative,the applicant proposes to relocate the landscape buffer north of the easements.Staff is supportive of the proposed location. • The proposed development will result in the closure of two of the three existing vehicular ingress/egress points along Virginia Beach Boulevard.The ingress/egress along North Witchduck Road will remain a shared access easement for use by both this parcel and the parcel to the west. • Per Section 225 of the City Zoning Ordinance, an Automobile Service Station requires two parking spaces for each service bay, plus three additional spaces for employee parking.The proposed eight parking spaces exceed the parking requirement by one space. • The hours of operation are proposed as Monday through Friday from 8:00 a.m.to 7:00 p.m.,Saturday from 9:00 a.m.to 6:00 p.m.,and Sunday from 10:00 a.m.to 4:00 p.m.,with up to 10 employees on the site at any given time. Zoning History # Request a-26 1 CRZ(B-2 Community Business to Conditional A-24 9i44Ak� B-z Apartment)Approved 02/06/2018 eo ,.• CUP(Communication Tower)Approved 12/08/1999 2 MOD(Modification of Conditions)Approved 10/07/2014 8.2 CUP(Indoor Recreation Facility)Approved 06/25/2013 �/� \\� CUP(Automobile Repair Garage)Approved 02/23/2010 jf CUP(Motor Vehicle Sales&Service)Approved 08/12/2008 / , \ 3 CUP(Automobile Repair Garage)Approved 11/12/2013 1 'm 4l 4 STC(Street Closure)Approved 05/23/2006 -27-7 CUP(Motor Vehicle Sales&Service)Approved �a 7 8 10/13/1999 5 CUP(Motor Vehicle Sales&Service)Approved i 08/11/1999 6 CUP(Automobile Repair Garage)Approved 11/10/1993 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 Valvoline Instant Oil Change Agenda Item 6 Page 2 Evaluation & Recommendation Staff finds this request for a Conditional Use Permit for Automobile Service Station to be acceptable. As mentioned above,this site is in the West Campus District of the Pembroke Strategic Growth Area (SGA)which envisioned a mid to low-rise academic village and service district. While the proposed use of an Automobile Service Station is not consistent with the Comprehensive Plan recommendations,there are similar automobile-related uses in the vicinity. In Staffs opinion,the request is appropriate as an 'interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. Since the site is located in the Pembroke SGA,the applicant worked closely with Staff to ensure that the building façade is consistent with the design guidelines of the Pembroke SGA Plan which will allow for new future usage of the building to be consistent with the Pembroke SGA. For example,the submitted elevations depict a flat roof modern building with an exterior of brick, metal and stone,with a metal canopy and spandrel glass.The bay doors do not face Virginia Beach Boulevard, but rather are oriented to face east and west. The proposal provides sufficient parking.Traffic Engineering Staff noted that the proposed reduction in vehicular ingress/egress points reduces potential conflict points and improves both roadway capacity and motorist and pedestrian safety.The Landscape Plan also provides a reasonable landscape buffer along the eastern property line to screen the bay doors from North Witchduck Road,as vehicles exit the building; however,the applicant will be required to install shrubs and foundation planting along Virginia Beach Boulevard,as recommended in condition#2. Based on these considerations,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Site Plan,"dated July 15,2020,and prepared by CESO. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled "Site Landscape Plan,"dated July 15, 2020,and prepared by CESO. In addition,the applicant/owner shall install and maintain shrubs and foundation planting along Virginia Beach Boulevard. 3. The design,size,and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "Valvoline Instant Oil Change,Virginia Beach,VA—Brick/Brick," dated July 13, 2020. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning&Community Development. 4. Any onsite signage shall meet the requirements of the City Zoning Ordinance.There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs,or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 5. There shall be no portable or nonstructural signs or electronic display signs on the site. 6. There shall be no repairs of automobiles on-site and all work on automobiles shall be completed within the enclosed building. 7. There shall be no outdoor storage of equipment, parts,tires, or materials. Valvoline Instant Oil Change Agenda Item 6 Page 3 8. The dumpster shall be enclosed by a wall on three sides,constructed of materials that match the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 9. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected,shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 10. Unless otherwise deemed in conflict with existing codes and regulations,the applicant shall install and maintain a grassed area that is bounded by the shared access easement to the south,the 15 feet Category IV landscape buffer to the north,and the ingress/egress lane to the west. 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 being within the Urban Area,West Campus District of the Pembroke Strategic Growth Area (SGA),which envisioned a mid to low-rise academic village and service district. Development within this area can be supported by positioning the building so that the service doors are not prominent, incorporating a quality landscape plan, eliminating parking between the building and the street,and incorporating substantial materials change and transparency into the design of the building's exterior walls facing the street. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.As the site is almost entirely impervious,there are no significant environmental or cultural features on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Blvd 30,500 ADT' 74,000 ADT 1(LOS a"D") Existing Land Use 2—0 ADT 36,900 ADT 1(LOS a"D")-Existing Proposed Land Use 3—120 ADT N.Witchduck Rd 51,300 ADT1 i a 55,500 ADT (LOS "D")-by late 2020 1Average Daily Trips 2 Vacant Site 3As defined by a 1,700 SF oil change facility a LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 150-foot right-of-way section. Valvoline Instant Oil Change Agenda Item 6 Page 4 North Witchduck Road is a four-lane divided minor urban arterial. The MTP proposes an eight-lane facility within a 155- foot right-of-way. There is a roadway CIP project under construction in this area. Witchduck Road - Phase II (CIP 2-025) will provide a six- lane divided roadway within a 143-foot to 165-foot variable right-of-way from 1-264 to Virginia Beach Boulevard,a distance of approximately 2,600 feet. Aesthetic improvements such as a wide outside lane for cyclists and 16-foot wide benches comprised of brick pavers and sidewalk will be provided to enhance this roadway corridor.This project is scheduled to be completed in late 2020. Public Utility Impacts Water&Sewer City water and sanitary sewer services are available to be connected 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 September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2,2020 • 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 November 13, 2020. Valvoline Instant Oil Change Agenda Item 6 Page 5 Proposed Site Layout & Landscape Plan CVOs,,,,,_d k.b?• 7 . i, ii . I 0 0 _ - -� " — - __ i ' �- ' -cl _ : ,, ,., .: . . ,` 1 Li: 4-• L iO o0 00 ` a o _ 1 D i ` .I . . . a • a • -N !3 e 1 I > B;' L - a' �. . :c• i to IV3 :•ca• •fti-• Y P4• . f 1 i ' I 1 O O !I it la la 0 ' - - . i'l ,i4 b 0:;00 0 I ' ` J 4 1 . I ■ 1-W -. %%ow 0 • Valvoline Instant Oil Change Agenda Item 6 Page 6 Proposed Elevation Plan fil Mp ! $y 1 IIIiiii fdlit 1111 li f ll; riij .Lf 1 'l ,„. it 'jil I 1 1 �. I , ill I'l I ii li 11 ! tit — J v i ._ IAE11 ilr to _ . j � � tl ' ! 1 whi1p[II i6 I f If 11 9 iiil i i 3 4 pi I! $F I P11 9 i iill 1 ei 1/ 1 lifi I! 1 fil 1 k i !I 11;1 I 11 Z _rAl yF I ,.. .0 f k - �� 'S 7 N ,My i ', . vi i ,n '1 i kk ,iI I II { 3 i Valvoline Instant Oil Change Agenda Item 6 Page 7 Site Photos • i - - ▪ e ■ ■ • ■ ■ / 4. !rter ,. .f..-•-�:_�"�++a T-- y ,a1s r �' 2"-"$tom _ � -. -•ems v +, -6-- 4 Valvoline Instant Oil Change Agenda Item 6 Page 8 Site Photos .,,. ._.. -,-, - - ,• 1 : -1 I i .. .. 1.,..:, . . '11:-il' . .. ' I • ,r• °POP 1 , —Awl_ • -.---- -..-.. - -' -41if_..1-' I, ,- Lyii. ../,7.-•,'",'.-;:',1-!....::'*: -7Thui 1 .- - ..., ,:_.--..'-' -7.4''..- '' -. ------ --, e."Al''..V.r..', .' •--- , ••." -— -•'-' — ."--141&'- Wit10._ ,--'-----• ..., -'.4.• - . ' .12".., . 94/1"1111142' . , - -:."-- 1..". -.---.' .-3....."-' -• '-''' '...;• ,'. - .' --, --•1 il'.44V.P. W'- -- - - -.'.-'..,,%,,'''';''' --•.-- ;;- , - - ---- - -- •-r-r-4.t ..'--- . „..1,... ..,"i..1Y'-.:,• il4 't ' -7 7- '1-"• - • Z7^.=,..... - _.* i -- ‘-‘ . • / '7Y- 111 1 I- -- • MI MI 0 1 I ir III II II II ik, 1 i • • Ihi. , i _ i - r - . 111M1‘ . ..., 2.,... ,.... :. ..„........z„... v ..... -.., ....„ ..,,,,,,, ...,, ----- - - — — . _ . — .__ ,, ••_,...„. ....,... - - --,,Nte-4.-- - —,--- • .... -.—_,. ••• -•,....„ :., ,,••-• • -_,- _ -- ••,_..c,..,, , ...,.. • .... .. . ...--_,.... ... .. ...........--.—• . . ,,... ... ...„_ ..,--, -,.....,-.4.0.:.,4..,. . . . .... . , • ,..•;--- •. ."'-. ''-'':- .'-7,*--•:'',7.--",•'.' .:_;,:n...., .'....;',': . .t. •••- .1',-..--'1.,(4'_',..-4.•:-','":, '..-:" 2.i,-,,,;.-:.•-',-..''': r ,. :..-.'"•:; - :.-'',.'.1",.'. . • Valvoline Instant Oil Change Agenda Item 6 Page 9 Disclosure Statement Vi3 Virginia Reach APPLICANT'S NAMEValvoline LLC dba Valvoline Instant Oil Change 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 • -r._..- ... e� The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Conanission and City Council meetuul that pertains to the applicaunn(s). __ -- AIM!It AN I Nt)ill III)OF NEARING DATL El Ni)CIIANGES AS OF DATE 11.04.2020 iXso 0 in VISIONS suIlIMI I FED DATE. Valvoline Instant Oil Change Agenda Item 6 Page 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. (XI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Valvoline LLC If an LLC, list all member's names: Valvoline US LLC(see attached list for officers of Valvoline LLC) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Valvoline US LLC, sole member of Valvoline LLC Valvoline Inc., sole member of Valvoline US LLC See next page for information pertaining to footnotes1 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: John and Rita Ninos If an LLC, list the member's names: Page 2 of 7 Valvoline Instant Oil Change Agenda Item 6 Page 11 Disclosure Statement 11/4B 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 (lii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business 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 Valvoline Instant Oil Change Agenda Item 6 Page 12 Disclosure Statement lkiii APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) IAccounting and/or preparer of your tax return --- IX Architect/Landscape Architect/ CESO Inc.Yellow springs Design Land Planner Contract Purchaser(if other than ❑X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X n Construction Contractors TBD after bidding out Qn Engineers/Surveyors/Agents CESO 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 i Troutman Pepper 1 Real Estate Brokers / E 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 �/ an interest in the subject land or any proposed development LiU 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 Valvoline Instant Oil Change Agenda Item 6 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Valvoline Instant Oil Change Agenda Item 6 Page 14 Disclosure Statement ❑ Accounting and/or preparer of j your tax return � ,,(C-c_. © Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ElEl the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) _ ® Construction Contractors t l © Engineers/Surveyors/Agents t I Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services 7-CcytYYS t��vc�\ Real Estate Brokers/ Agents/Realtors for current and Li anticipated future sales of the k15 (l cany subject property • I. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I 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 Valvoline Instant Oil Change Agenda Item 6 Page 15 Disclosure Statement A 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. PROPERy OWNS SIC NAI URL I PRINT NAME - DATE I t-, T' ; , t not zz ,12-0 a • —�- --_`--�-- - Page 7 of 7 Valvoline Instant Oil Change Agenda Item 6 Page 16 Disclosure Statement • WRITTEN CONSENT OF THE SOLE MEMBER OF VALVOLINE LLC September 25,2019 The undersigned,being the sole member(the"Member")Valvoline LLC(the "Company"),a Delaware limited liability company,proceeding under Section 18-302(d)of the Delaware Limited Liability Company Act,hereby takes the following action: Appointment of Officers • WHEREAS the Member has determined that it is advisable and in the best interest of the Company to elect certain other persons to offices of the Company. 1 NOW,THEREFORE,IT IS HEREBY RESOLVED: That,the following persons, F i be and they hereby are elected to hold the offices set forth opposite their respective names,and to hold such offices at the will and pleasure of the Sole i Member or until their successors are elected and qualified: Samuel J.Mitchell,Jr. President Todd P.Graybeal Vice President Nicolas H.Schmelzer Vice President • Lynn P.Freeman Vice President/Assistant Treasurer • Jason L.Thompson Vice President/Treasurer Anthony R.Puckett Vice President Thomas A.Gerrald II Vice President Gregory J.Armbruster Vice President Gregory S.Bickett Vice President Laura I.Pentova Secretary Anthony J.Cieri Assistant Secretary Clayton T.Hagan Assistant Secretary—Tax k � IN WITNESS WHEREOF,the undersigned has duly executed this Written Consent of the Sole Member as of the date written above. I j VALVOLINE US LLC rI Jamal K.Muashsher President Valvoline Instant Oil Change Agenda Item 6 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Valvoline Instant Oil Change Agenda Item 6 Page 18 Item # 6 Valvoline Instant Oil Change (Applicant) John & Rita Ninos (Owners) Conditional Use Permit (Automobile Service Station) 5101 Virginia Beach Boulevard October 14, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, Mr. Horsley. The next item is item number 6, Valvoline Instant Oil Change and Conditional Use Permit for automotive service at 5101, Virginia Beach Boulevard, Kempsville District. Mr. Nutter: Mr. Weiner, thank you. Members of commission, my name is RJ Nutter, I am an Attorney representing Valvoline. The conditions are acceptable Mr. Weiner, but there is one thing that staff and Mr. Wall has asked me to comment on that has to do with and in fact I have a site plan for just a second, perfect. We do not have pointers here. One of thing Mr. Wall asked us to look at is the area, I guess to the north of our access, even the utility area in there, is if we could instead of paving that, if we could look at it have maintaining that as a grassy area. And, that is acceptable to us subject to us getting all the full engineering ports, because we do not know if there is anything drop inlets or what else might be in there. But, if there is nothing in there that would prevent that we would be putting in grass in that area. And, we would be paving only the shared access way and the inter-access into the facility. Okay, thank you, Commissioner. Mr. Weiner: Thank you. Mr. Nutter: My pleasure. Mr. Weiner: Is there is any opposition to this being placed on the Consent Agenda? Hearing none, Mr. Wall is going to read this in the record for us. Mr. Wall: The applicant is requesting a Conditional Use Permit for an automobile service station to provide oil change services within a new building with two bay doors at the corner of Virginia Beach Boulevard in North Witchduck Road. The subject site is in the West Campus District of the Pembroke strategic growth area. The submitted landscape plan to pick screening on the southern side of the property where it abuts the multifamily apartment dwellings on the eastern property line to street in the bay doors from North Witchduck Road and along the western property line 1 abutting mixed retail uses, additional plant materials also proposed on the frontage of Virginia Beach Boulevard. The proposed development will result in the closure two of the three existing ingress-egress points along the boulevard. The ingress-egress points, on the Witchduck Road will remain a shared access easement for use by both the parcel and the parcel to the west. Per the City Zoning Ordinance, automobile service station requires two parking spaces for each service bay, plus three additional spaces for employee parking. The proposed eight parking spaces exceed the parking requirements by one space. Staff recommends approval, the applicant is amenable to the conditions and therefore we have placed this item on the Consent Agenda. Mr. Weiner: Thank you Mr. Wall. Ms. Oliver: Ms. Wilson. Ms. Wilson: Yes. Would that be condition 10, which would be worded somewhat that if possible that the area identified as the utility easement shall be maintained in turf. Are we adding that condition? Mr. Wall: I would be fine with that. Ms. Wilson: Okay. Mr. Wall: If the applicant. Ms. Wilson: It will make it clear if we added as a condition. Mr. Wall: Okay, sure. Ms. Wilson: Mr. Nutter is okay with that too. Mr. Nutter: And the way it is worded, it is fine the way you worded it. Ms. Wilson: Yeah, that is fine, it may not be exactly that way, but that is the intent. Mr. Weiner: Thank you, sir. The next two items are the short-term rental that has been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this request for items number 9 and 17. And, saying that I would Move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. 2 Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein : AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of nine to zero Agenda Items number 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number 6 have been approved by consent. 3 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Site Plan," dated July 15, 2020, and prepared by CESO. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled "Site Landscape Plan," dated July 15, 2020, and prepared by CESO. In addition, the applicant/owner shall install and maintain shrubs and foundation planting along Virginia Beach Boulevard. 3. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Valvoline Instant Oil Change, Virginia Beach, VA — Brick/Brick," dated July 13, 2020. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 4. Any onsite signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 5. There shall be no portable or nonstructural signs or electronic display signs on the site. 6. There shall be no repairs of automobiles on-site and all work on automobiles shall be completed within the enclosed building. 7. There shall be no outdoor storage of equipment, parts, tires, or materials. 4 8. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 9. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10. Unless otherwise deemed in conflict with existing codes and regulations, the applicant shall install and maintain a grassed area that is bounded by the shared access easement to the south, the 15 feet Category IV landscape buffer to the north, and the ingress/egress lane to the west. 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 f, B-2 B-3 - ,II-1 B-2 B-3 Cleveland Street Cleveland Street J L _, , / --: . , , \ B, 3 B2 o ---r B=2�&%I-1 erne ray > > Mal - 1, 7 Q a N WA Site McNeel Properties W 0 Property_Polygons 4901 Cleveland Street s Zoning Parking Lot Drive Aisle — iiimi IN mill Feet A AA AA AA A flA A f1A ,All '1 A r1 ( 4 ° .2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCNEEL PROPERTIES [Applicant] DARE ASSOCIATES [Property Owner] Conditional Use Permit(Automobile Repair Garage)for the property located at 4901 Cleveland Street (GPIN 1477145464). COUNCIL DISTRICT — BAYSIDE MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage to provide auto collision services in an existing building in the Pembroke Strategic Growth Area at the intersection of Cleveland Street and Aragona Boulevard. The auto collision services, including the installation of a paint booth, will occupy the entire 15,626 square foot building. Storage of the cars prior to and following body work will be stored on-site. A slight reconfiguration of the site is proposed in order to create additional staging area for vehicles awaiting repairs. Several mature trees and shrubs exist on the property and will remain. Replacement plant material will be installed along Aragona Boulevard due to the relocation of entrance. Vehicles considered to be a "total loss" will be temporarily parked for no more than 48 hours within an area behind the building. This area and the vehicle staging area will be screened with a combination of six-foot tall solid vinyl fencing and a six-foot tall decorative aluminum wrought iron-style fence with masonry columns. The decorative fence along the eastern property line will encroach into the Aragona Boulevard front yard setback, and as such, a deviation to the 30-foot setback requirement is requested. Minor changes to the exterior of the building are planned, such as new paint and canopy treatments above the windows facing Cleveland Street, and new building signage. An updated freestanding monument style sign along Cleveland Street is also proposed. According to the application, the Automobile Repair Garage operation will have up to 15 employees. The typical hours of operation are currently and will continue to be between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. • Considerations: All work and the storage of materials will occur within the building. The existing 83-space parking lot exceeds the minimum parking requirement for this use by 66 McNeel Properties Page 2 of 4 spaces. The upgraded building design includes the installation of canopies over the windows and the removal of an overhead garage door visible from Cleveland Street. The garage doors proposed along the eastern and southern facades of the building will not be visible from Cleveland Street. There is a planned roadway Capital Improvement Project (CIP) for Cleveland Street scheduled for construction in 2023 with a completion in 2025. The Cleveland Street Phase IV roadway improvements CIP includes funding for design, property acquisition and construction of an improved Cleveland Street. A three-lane, 90- foot wide divided roadway with shared-use pathways, on-road bike lanes and landscaping will be constructed, as identified in the Pembroke SGA Plan. In anticipation of these imminent improvements, it appears that the existing improvements will accommodate a potential 15-foot right-of-way expansion and a 10-foot street frontage landscape buffer. As the property is located in the Central Village District of the Pembroke SGA, the proposed use is not consistent with the vision of the SGA Plan. The Plan calls for an eclectic, mid- to low-rise commercial and urban residential area that is envisioned as a live-work community with loft and row-house residential buildings and smaller scale mixed use commercial buildings. However, there are similar auto-related uses along Cleveland Street; and therefore, the Automobile Repair Garage is deemed appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. Despite that the use is not consistent with the recommendations found in the Plan, the Planning Commission removed Condition 13, which would have imposed an administrative review by the Planning Director 10 years from the date of City Council. At that time, a determination would have been made whether the auto- related use continued to be acceptable at this location. This change is depicted below by strikethrough text. 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. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Caliber Collision (Building Renovation) 4901 Cleveland Street, Virginia Beach, VA ", dated 09/16/2020, prepared by Brian Rumsey, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint both are not obtained, the painting of vehicles shall be prohibited on the site. McNeel Properties Page 3of4 3. Vehicles in a state of obvious disrepair shall be stored in the rear of the building and fully screened with required landscaping and a six-foot solid fence. 4. Vehicles that are considered to be total loss shall not be stored on-site for more than 48 hours and vehicles awaiting repairs shall not be stored on-site for more than seven days. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of- way. 8. The owner of the property shall be responsible for the continued proper maintenance of all fences, and shall keep them in a proper, neat, and orderly appearance, free from structural deterioration and disrepair at all times. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 11.There shall be no portable or nonstructural signs or electronic display signs on the site. 12.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3.Subject--to-StaGtion 221(4-;-ef the Zoning Or inance, an i istrative review by the Planning Director mall occur 10 ycars after City Council approval of the Automobile Repair Garage Conditional Use Permit. This use may be mowed-to remain nn the site s ct to-a-dete-r Minn by the Plannin Director that the presence of the use is not detrimental to public health, safer tty, and welfare F firth s i roe onditioned heroin shall not , ar�rartrre��}�i-C-�-tYFi�� ccr-rTu--rcnT�rran--r-rvi cause public inconvenience, annoyance, disturbance, or be incompatible McNeel Properties Page 4 of 4 with other u es in the vicinity or otherMse interfere with the reasonable use andpnjoymT t of neighboring prrn ys by reaso excessiyee noise, J • 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 Manager: 11'A eilkBApplicant McNeel Properties Agenda Item Property Owner Dare Associates Public Hearing October 14, 2020 (Deferred from September 9, 2020) 2 City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) Valley Forge Lane / al Street Crown Point Lane o Staff Recommendation —,,, Q m I 1, 2o Approval s a o a m 3, R 4 c p '`'..,,, to m O V 1 I ,r1 T m Staff Planner F v Marchelle Coleman 3 �%. Boulevard » i o 5 x Location Cleveland Street t- 1 Columbus Street 2 il 4901 Cleveland Street Southern Boulevard GPIN i mad i p ' l 1477145464 J {r"� / :i .. oad c5d 11` 3oras5-dOSiva.. /� �oqa Site Size °t 00. a,1 58,983 square feet arlieripc AICUZ 1 i —1-Iti\\1 5 Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District • _ Retail / B-2 Community Business, I-1 Light - - "Potomac Street Industrial :.: .: SurroundingLand Uses and ZoningDistricts ',.- I- North A Cleveland Street Cleveland Street Retail, office use / B-2 Community Business, I-1 Light Industrial g .-_ �2y` a aN South -,2 s Office/ I-1 Light Industrial _ i East Aragona Boulevard i mi. _ ._ Mobile home park/ B-3 Central Business West Parking lot, bingo hall/ B-2 Community �Business McNeel Properties Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage to provide auto collision services in the existing building along Cleveland Street. • The auto collision services, including the installation of a paint booth, will occupy the entire 15,626 square foot building. • Storage of the cars prior to and following body work will be stored on-site. All work and the storage of materials will occur within the building. • There will be some minor changes to the exterior of the building to include new paint and canopy treatments above the windows facing Cleveland Street, as depicted on page eight of this report. • In addition to minor exterior changes, the applicant is proposing new building signage and changes to the logo on the existing freestanding monument style sign along Cleveland Street, as depicted on pages 9 & 10 of this report. • The site does contain many mature trees and shrubs. As shown on the site exhibit, additional plant material will be added to provide an attractive buffer around the building. A six-foot tall ornamental aluminum wrought iron-style fence with masonry columns will be installed along the eastern property line of the site. The applicant is proposing a six-foot tall solid vinyl fence to screen total loss and damaged vehicles in the rear of the site. Condition 9 is recommended to ensure all fences will be maintained in a proper, neat, and orderly appearance, free from structural deterioration and disrepair at all times. • Per Section 203 of the City Zoning Ordinance, parking for an Automobile Service requires one space per 900 square feet of floor area.The existing parking area consists of 83 parking spaces, thereby exceeding the minimum parking requirement by 66 spaces. • According to the application, the Automobile Repair Garage operation will have up to 15 employees.The typical hours of operation are currently and will continue to be between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Zoning History # Request 1 MOD(Motor Vehicle Sales &Service)Approved l _ Potomac Street 08/14/2012 1 o I CUP(Motor Vehicle Sales&Service)Approved Bz a.3 _ sz' m ( e 08/08/1995 I 2 CUP(Auto Body& Paint Shop)Approved 04/13/2010 e' REZ(B-3 to I-1)Approved 01/12/1993 Ct.vetana Street REZ(B-2 to I-1)Approved 01/12/1993 ' � 3 MOD(Bingo Hall)Approved 10/24/2006 12 o;i,/// MOD(Bingo Hall)Approved 02/25/2003 ��/ a.3 CUP(Bingo Hall)Approved 01/26/1999 I / L ; 4 CUP(Vehicle Sales& Rental)Approved 06/28/2005 L 5 CUP(Automobile Service Station (Fuel Sales))Approved 11/09/2004 I I 6 STC(Portion of Lavender Lane)Approved 09/25/2001 7 CUP(Automotive Repair Facility)Approved 03/10/1998 McNeel Properties Agenda Item 2 Page 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance 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 request for a Conditional Use Permit for an Automobile Repair Garage, in Staff's opinion, is acceptable. As stated previously, the existing building will remain substantially the same with minor improvements to include painting of the exterior of the building, canopies installed above the windows, additional plant material and fencing installed, and signage updated. To provide additional space in the rear of the property for staging purposes,the applicant proposes to reconfigure the site by shifting the entrance along Aragona Boulevard to the north towards Cleveland Street.Traffic Engineering reviewed the proposed changes to the entrance and agrees that the tangent distance between the roadway corner radius and the radius to the entrance meets the required 50 foot distance.Vehicles considered to be a total loss will be temporarily parked in the fenced in area behind the building for no more than 48 hours and damaged vehicles waiting for repair will be temporarily parked within the fenced area for no more than seven days.A condition has been recommended to address this. A sliding gate will be installed on the eastern portion of the site to limit customer traffic to the rear of the property. This site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA).While there are similar uses along Cleveland Street,the proposed use is not consistent with the Comprehensive's Plan's recommendations for this portion of the Pembroke SGA. The Plan calls for an eclectic, mid-to low-rise commercial and urban residential area. This area is envisioned for live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. However, the Automobile Repair Garage is deemed appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan. The applicant was amenable to improvements to the building to ensure an attractive facade facing Cleveland Street.The upgraded design requires removal of a garage overhead door and the installation of canopies over the windows as an added architectural feature. The overhead garage doors are proposed only along the eastern and southern sides of the building, and will not be visible from Cleveland Street. There is a planned roadway Capital Improvement Project(CIP)for Cleveland Street scheduled for construction in 2023 with a completion in 2025.The Cleveland Street Phase IV roadway improvements CIP includes funding for design, property acquisition and construction of an improved Cleveland Street. A three-lane, 90-foot wide divided roadway with shared-use pathways, on-road bike lanes and landscaping will be constructed, as identified in the Pembroke SGA Plan. In anticipation of these imminent improvements, it appears that the existing improvements will accommodate a potential 15-foot right-of-way expansion and a 10-foot street frontage landscape buffer. Since this use is not consistent with the Comprehensive Plan's vision for this area for a more pedestrian oriented style of development, a condition is recommended that the use be limited to 10 years with an administrative review by the Planning Director.This review will include a determination of whether the auto-related use associated with this request remain an acceptable interim use and that a continuation of these uses poses no detrimental impact to public health, safety, and welfare. Based on these considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Caliber Collision (Building Renovation)4901 Cleveland Street,Virginia Beach,VA", dated 09/16/2020, prepared by Brian McNeel Properties Agenda Item 2 Page 3 Rumsey, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint both are not obtained, the painting of vehicles shall be prohibited on the site. 3. Vehicles in a state of obvious disrepair shall be stored in the rear of the building and fully screened with required landscaping and a six-foot solid fence. 4. Vehicles that are considered to be total loss shall not be stored on-site for more than 48 hours and vehicles awaiting repairs shall not be stored on-site for more than seven days. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of-way. 8. The owner of the property shall be responsible for the continued proper maintenance of all fences, and shall keep them in a proper, neat, and orderly appearance, free from structural deterioration and disrepair at all times. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 11. There shall be no portable or nonstructural signs or electronic display signs on the site. 12. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 13. Subject to Section 221(k)of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 yoors after City Council approval of the Automobile Repair Garage Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. McNeel Properties Agenda Item 2 Page 4 Comprehensive Plan Recommendations The site is located in an area of the Pembroke Strategic Growth Area referred to as the Central Village District. This district is envisioned by the Pembroke SGA Plan as an eclectic, mid to low-rise commercial and urban-residential area. More specifically a maximum building height of thirty to fifty feet is recommended (p.58). Due to the planned high residential density, a great deal of gathering places and open space will be required.The SGA Plan specifically calls out pocket parks and urban plazas as being appropriate in the Central Village District and recommends that twenty percent of the developed area be green space and thirty percent be open space (these spaces may overlap) (p.58).To achieve this, the Plan recommends incorporating recreational activities as a secondary use of green infrastructure improvements (p.54). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Cleveland Street 10,100 ADT1 12,500 ADT 1(LOS 2 "D") No Data Available3 Aragona Boulevard No Data Available 12,500 ADT 1(LOS 2"D") No Data Available3 1 Average Daily Trips 2 LOS=Level of Service 3 There is no trip generation data available for an auto collision center,however;this proposed use will generate less traffic than a typical B-2 use. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Cleveland Street is currently a two-lane undivided collector roadway in the vicinity of the site.The Cleveland Street Phase IV roadway improvement project involves construction of an improved Cleveland Street/Columbus Street as a three-lane roadway in a 90-foot right-of-way section between Witchduck Road and Independence Boulevard with turn lanes, shared-use pathways, on-road bike lanes and landscaping as identified in the Pembroke Strategic Growth Area Plan. Aragona Boulevard is a two-lane collector roadway in the vicinity of this site. Aragona Boulevard is not included in the MTP and no roadway CIP projects are planned for this portion of this right-of-way. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. McNeel Properties Agenda Item 2 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 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 November 13, 2020. McNeel Properties Agenda Item 2 Page 6 Proposed Site Layout VA 1NOV39 V NIOUTA i I } I „x. ») kl . .41 1331d1S CNb13A310 L06b p. . 4 tune sxia 3/..tea a (NOlbAON3d JNIO7118) B' USII � 1 g = CL " �` i" '" NOISI1100 H811VO t, b @ 4 p s2 i - g€ _ 111.1111.111.1111111.11.11 h eF f E 11 t e S UW u c tT pg � i l R € L � e g i y Q Q � r � q , S- b � �gAyl P d K e. ry u.C, O ri i , B tkE OMVNOOver grv' " '"..p..'�N. ':n•.e .11.. A 75 3 a _ Y 1 __ , _ .._.:_______,,___ .140 filgllir: . --,-- s W f _ VI Y{ i t f ; fir I LLJ I rx� P r 3 �E€ s s his 1 � I 1. ,sue , + r W� z ", { I 1 Ing Fs f t W f -� -a — . Z'-' W S er CD L C.-_ -.-.... Z + N S W J C �p W to J t � c: i" 'lv----------;:. Fe ie Q _ 'y I �— ' 11 •X / LL z I o I ; � - - , _ g_g i. gas $ 1■ E p6gt 34 NP .itL T # L, 3 'a t a a -,s it G it L9 it $1 t it�R 7 t F Y kite, 1 1 I i f [ , d g c e i"a _ r 4 Z _ , u z ( . Fr, , ..-, I- r-affitipasiiiiii-... 1 1 LT, ., ., ;, , , c.„ L _ 1 = ~; McNeel Properties Agenda Item 2 Page 7 Proposed Exterior Elevations VA'HOV39 VINID IA �8 N���, ""'9"`r"�° 133aLSaNdl3A310106ti t aS 3Aitl0N 111Wad (NOIlvnoN ill . li JNIaIn9) $ . e a ; Q W® NOISIl100 a3911VO i :axuND. o ! 1 0 - 0 1 Ll 0— C ! � i. 0 -1 A 111111 ill a II. a 9. o 0 0 � ; z1 0 O J`y III O o II U— ® OC J lim a. ...^ v. lilil . U I Z O O I O O a O a - c 0— LL W§ § t_1 Al Lt J W m W 1.P Y e Li 1y�(y wW i fn 7, v Nm--, 1 i i Q§ ,La , ® �/ 4 U o ' McNeel Properties Agenda Item 2 Page 8 Proposed Exterior Elevations ..: a, • •,...rt*::,,. F• .4' 44, , .. , .- ,, \ \ ,. • • i • A , -- . . ; • • •,,,. - • .. .. ' k't .., -..1 ii-es , • .. . -r .., . ..k.,„_. tt , +,,v • , .. il ‘ L , ‘ •--i. e • k•-fl — 1 ' ,. %5 1 4*c.,•i,, , .t v ......3 T' •Is ) .1 • 4. I "- ..',,, .-II-_. .- • •'''...,1,"P _2, , 1.&I't:.(--: -• . --.. • . .' i',.., --.itc:'•V - 4. :f,.:..,1 .,, 1 4 , ,' . iv.le.:1.• , , _ ...J... .,... ...... t. . . .,- • — ,: .,-; - et"--Itt-7- , ,.... . , 5. : . -.f! . . . „.,:_..4 :..\-1,_ Lit , ......,... ,,,,... ikilik if, .........,..i.:_ -, . :t :a -11,$.a '11141.4116, '• ' .4 . ,., 4 " -•,-- r , -74:-‘ 's 2. 4,‘". /0 = r 1 • , oi „„,:. ,:n ',,._ . ,.. ,. ..,of , it,• , ..-... ,-.:4:-. - •'.' - L 4 .0., . ". \ , , 1 1,144-7 es ,., .. t. . .. .. : p . ,, t , ,...,v, 1 ...I' ' 14 1 • • 1 ,. ) \1 1 { • • 411- ' 1 • , . . , ,y,..; , ., •-k-* , V. I',• '''y. /: 4 ; •,.. _ .., 4 .. .... ... . , . , .- • ,P .:dd.,•t . -1; , . ' A i t ... ....... , - ' R ' •.. ;4..- 4 ..V: 1. . McNeel Properties Agenda Item 2 Page 9 1 O O 0 NORTH ELEVATION 0_ Exterior Paint �• anon Color. Building Trim Color P 'I lathe Desert Tricorn Black ,I01 SW6258 0— (1) Z crg Al 38' CHANNEL LETTERS-77 SO FT O V Mb.—roe all ,r, ; 7 11 .:,.. ,_ 11' l� CALIBER COLLISION , r u ` n . ,, !IL 3 . • . ..' "LS all •• • bw�„ ` • ... Existing Condition Proposed Rendering J> cmCREE INDUSTRIAL ARTS v Ux F1 CALIBER pddressT80 Date 8141320815etn 1 I 1I IEE co — 43Ul W.William Cannon Rd.STE 8155 N 300 Austin.TX 71749 COLLISION Burleson.1015009 Brave Ol taco 5 1 V Q - a v ar O rD n rt. F-' fD 0 NJ yr O O An FREESTANDING MONUMENT Q g O z E REPLACEMENT MONUMENT-29 SO FT a V1 . fD M r r Q Iinticnnic rfvf;i., - CALIBER i, ��� 4 ---- COLLISION _ '4 ''- -fit ke.1"* 'F+..4i ' }', �aR w r ` ' Existing Condition Proposed Rendering CI CREE INDUSTRIAL ARTS s t CALIBER YrtXina Beach tobS ::a9 , REV SKEET z 4901 Cleveland SI Date Me a MO a 1 5 C10 CD 4301 W.Wiliam Cannon Rd.STE.B150#300 Austin,TX TI149 1K'ED'_._ COLLISION Vn¢ina Beach.VA 23462 -- -- -— CD _ &mina tech . e -----._-- D a Q —9 Cu 0 Q) — fD cmTs I— NJ sn Site Photos . .....:x 0.. • , .` . - • .- ...• .. ..•• : , ' .... . -• 14. • . ..- ..- - ...,;•;••• . ., • - .:.4 .. -:- . . • 4 . '. . /111111L6 • _, . 41 a. Arallit.:.a. i . . , •-raiig . ...... .1. PRIMI ' e - ,, " '0 2J.LP , '"-- I''' : • -E-t'‘ ', --- — . ,;,-,,,--,„,..-_,,,".^1-':- 'vi'-'.,44::••,•' t- •..'',.,'-':.,. .%• f..,.--.. •( , i. '.i' ••• • '..;..4.41.‹..xx•• . ' • .-' '• -•••- '• - -.-4.• •-.4:;'-i- -.-^xt9.4•. •'' ':4, .''. '• ' • - ...;,..1,6-. ,.:„ ---4-1'.4,0'.' r,4 '-': .- - • . 1 , . t,.., `,-, • - '"• —-4-4,-, :'-. .. . , ' •.• . ..e.n. .... . .., .......,.—.., ........— . .4.,555,, .. - '. ". ------------ ..--;,:-...„,,../.:.............. .............. -,.__. -..." _.. , • 4.4.• 1.".,m,„ . " • tlie ' " c • ' -• . OP fr.7"., • ..t . a . • „ "• ija 1 1 4 ' 1'' • ' '''.4 •' 4111111ii. :• . .•. ,. i• ..t.- • - 40' t"' ..6 , ..'9‘..'r.- . -'. Mk _ 4• " • • 4. • IOW z .... , '. , . .2s... „_... ,. . iit . 4.,• , . , .. , . , - ,., --- 4*---- , *.‘1=1,---11,...... , ----—___ ___. :,-, .;•' v• . .".' •1 •'•X • -• ' 44 1 4\ '' . ,- ?-a. •--„ii0 - ; k- • Wr--.....'.•;•••• 4.•-: , • , - " -,, , -- '''', MIN! •-,i''' t, - '.... . •-•*i• , ' ,' 4''.•• . '' . -- ,,,1•% . - .—..4- ,44 i'4',' i''..` %; •,r, A , '• 4' , • itt , ' - '''.•.if's',..-•,-i, ..-, r— - . 401,... .,:,"; r ‘;: —' — • ---', ' k' • :•'•••' X‘ • <44 or•'..— :0.'..---` . :1"..-.4.i....N44`v.. - ':• "-' -- ' ..,' ...- =. . w- r `",...., -- 41""• . , .j. - , ,,,,,,.1..1,:e7,-4,,:-•?,-,1,-.t.'- -;`,,,. ,.,. . 4--.' , • . ..'-.- ,- .-1' E: - ‘,.. -- -.. - I _ . . , McNeel Properties Agenda Item 2 Page 12 Site Photos *1111tvim _ ' . .Y , ,II.` r. ,►,.. `h Y. 4 • a -, '-Ar----vt. iti. Alla 4 .4 - I,.---- 1 ,v, , I—-.-• Jos. v A. 1 McNeel Properties Agenda Item 2 Page 13 Disclosure Statement VB Virginia Beach APPLICANT'S NAME McNeel Properties DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 _ _...._ _ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures musr!,-updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El I APPLICANT NOTIFIED OF HEARING DAT NO CHANGES AS OF DAt IXI REVISIONS SUBMITTED n^' 11/4/2020 MLC ,,'-4. t- McNeel Properties Agenda Item 2 Page 14 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McNeel Properties If an LLC, list all member's names: Walter M. Keenon, Jr If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Troutman Pepper- RJ Nutter 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:Dare Associates,A General Partnership If an LLC, list the member's names:Edmund Ruffin, Ricky Haycox Page 2 of 7 McNeel Properties Agenda Item 2 Page 15 Disclosure Statement 11/4)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 "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 McNeel Properties Agenda Item 2 Page 16 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of f I V�1 your tax return • riII Architect/Landscape Architect/ Brian Rumsey Architect, NCARB f 1 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) ❑ xj Construction Contractors Engineers/Surveyors/Agents Terry Branch Financing (include current ❑ z 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 ❑ /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 4 of 7 McNeel Properties Agenda Item 2 Page 17 Disclosure Statement 0 ;:lily.st:irh CERTIFICATION: certify that ail of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 I understand that, upon receipt of notification that the application has been 'scheduled for public hearing, I am r ponsible for updating the information provided he in two weeks r' r • th• Planning Commission, Council, VBDA meets' a meeting of any bli ;z :;:: tt:; d i connection with this App)i atio 47'S SIGNATU+E ! r _ p� `-�T(_,_n..___—._ Page 5of7 McNeel Properties Agenda Item 2 Page 18 Disclosure Statement q\B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than 11 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) Construction Contractors 7 Engineers/Surveyors/Agents Financing(include current f I mortgage holders and lenders �J selected or being considered to 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 ❑ ICI 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 McNeel Properties Agenda Item 2 Page 19 Disclosure Statement 1\113 %•H:.IIlia x�:,,•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 I Application. 1-0 • l , r r I O;30/Lc PROFERFr..CW'NER•5 SIGNATURE i PRINT NAME r_ : DATE • =aae 7 of 7 McNeel Properties Agenda Item 2 Page 20 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. McNeel Properties Agenda Item 2 Page 21 Item # 2. McNeel Properties (Applicant) Dare Associates (Owner) Conditional Use Permit (Automobile Repair Garage) 4901 Cleveland Street October 14, 2020 RECOMMENDED FOR APPROVAL — HEARD — CONDITIONS AMENDED Ms. Dozier: The first item to be heard today is McNeel Properties application for Conditional Use Permit for an Automobile Repair Garage located at 4901 Cleveland Street in the Bayside District. Ms. Oliver: Great, thank you and I do not think Mr. Nutter needs to know this. But, I am going to remind everybody out there that we are on a time limit of three minutes and, so, I ask that you would respect that and to silence your cell phones as well. Thank you. Mr. Nutter, welcome. Mr. Nutter: Thank you very much Madam Chairman. For the record, my name is RJ Nutter, I represent Caliber or in this case McNeel. And, first of all, I did appreciate that we were able to be here during the informal session this morning and was privy to the discussion, but would like to set a couple things up for you just to let you know about this. Caliber is actually the largest auto repair facility in the country. They have several facilities here all of them are operating in pristine condition with no complaints whatsoever. So, the company itself, the use itself, I think you have already found to be consistent with the uses in the area, and would be consistent with the other uses in that area and not be disruptive. The property is currently zoned B2 and I-1 without any conditions whatsoever. It sits on 1.35 acres it is about 15,000 square feet in size. And, what Caliber is doing is making extensive improvements on the outside of the building, both to the facility itself, closing doors that are there today that do not look very attractive, adding awnings, repainting the building, putting in additional landscaping, redoing the access ways, and putting an extensive screening of ornamental fences and features like that. All of those together, the total cost of this project to them is a little over $4 million. This is not a lightest investment by their part at all. And, quite frankly, all of the conditions, 12 of the 13 conditions are acceptable. And, the nice part about the 12 conditions, by the way, which none of which would apply in the event that this application did not get approved. All of those conditions are designed to two things, to improve the appearance of the site, to make sure it is properly maintained, to add a different access way 1 to the site, to consistent with what the City would like to see, to improve the quality of the building, and to shield any vehicles that are there. Right now, if those conditions are not there, any vehicles could be there would not be shielded can be used for any B2 or 11 use without condition or pre- content. The only condition is Condition 13 with respect to that this would be reviewed after 10 years. The problem with that as you have got a $4 million capital investment, you would not occur with a 10-year restriction. It would not be able to be monetized, if you will, during that time period. In addition to that, the terms of the Caliber stay here are going to extend well beyond the 10-year period. So, with the 10-year limitation, Caliber could not make an investment of that nature and proceed with the project. That is why we have asked that you eliminate Condition number 13, we are perfectly acceptable to the 12 conditions that precede that one. And again, the whole purpose of those is to make sure this site is improved, and you have a better looking site than you do today. One other thing I will add just might be close to my time limit is that, if this building were left alone, and Caliber did not come in, you have the exact same building, but in worse condition with no conditions whatsoever. So, I would ask that should be something you would want to pursue and proceed with, and in fact, allow it to continue well beyond the time period. If the conditions change in the region, economics would make that change. No matter what condition you put on this, the fact that condition like this makes it impossible to sell, no one's going to want to buy or invest in this property with a 10-year limit that they use, that you spent $4 million for might go away in 10-year period, it just would not happen. So, would actually hurt the value of the property if we would agree to that condition, that is the problem we have with it. But we have no problem with all the conditions that you have recommended with respect to the operation use of the facility. And as you know, the other uses in that facility, they are almost identical to this use, have no such conditions. Philips used to be Philips if you forgive me, Charles Barker is right down the street, they have got their facilities, a number of facilities around our auto repair facilities without conditions like that. So, we would like to proceed, we would like your recommendation for approval. We would ask that you consider dropping 13, but otherwise, I am here for any questions, Madam Chairwoman that you might have. We have no additional speakers, but I do have the engineers here if you like and representatives from McNeel, if you have any questions. So, I hope I stayed within my time limit. Ms. Oliver: Do we have any questions for Mr. Nutter? No, not right now. 2 Mr. Nutter: Alright. Thank you, so much. I appreciate it. Ms. Oliver: Thank you. Mr. Nutter: My pleasure. Ms. Oliver: Alright. With that, I will just go ahead and close this to the Commissioners and open it up for discussion. Yes, David. Mr. Redmond: I stated this morning, and so for the purposes of the public hearing, I will restate it. I do agree with the applicant's position. And, there was a time when I didn't, and it has to do with the importance of trying to improve and redevelop Strategic Growth Areas. That is what they are, they are Strategic Growth Areas. Be that as it may, they do not all move at lightspeed. And, what I have found over time and this comes in part with a conversation I had with one of our Council members, is that the timeframe, particular timeframe on a Conditional Use Permit is just not helpful in any way towards advancing the SGA cause, what is, is market dynamism and momentum. And, that is far more powerful than a bureaucratic deadline. Within all of our SGAs we have transitional uses, where we might hope, by virtue of the particular SGA plan in the context of the overall comprehensive plan that we see, higher end redevelopment, it is not going to occur in in a New York minute, right. And, so, we have some temporary uses or transitional use is a better way to put it. This is a parcel that is, as I said this morning, it is across from the 7-11 , that has gas pumps, which requires a Conditional Use Permit, it is next to a trailer park, and on that very street or whole lot of the same similar kinds of uses, which I did not realize the applicants attorney noted, do not have the same kind of restriction. I do not think it hurts the SGA cause to have this use. We have it in lots of other places. Transitional uses, I do not think a 10-year limit on the Conditional Use Permit serves any purpose. Other than perhaps limiting the ability of this particular redevelopment will make this SGA grow and it is already growing in various places, is the kind of dynamism and market momentum that we hope to see in lots of places. And, we are seeing it in lots of places, we have seen in the Burton Station corridor. We are seeing it on, actually, curiously enough at the western end of this Strategic Growth Area. That is how this stuff gets done. It does not get done with an arbitrary bureaucratic deadline, in my view. The particular conversation I had, had with a Council member once, before we had this discussion, I said, now what I want these SGAs want to stick division have these things in occurs, to which he replied, who would build anything if they had that restriction? And, as I said, I just do not think 3 that is how that gets done. I accept what the applicant has said about this, as I said, I had a different position in the past I just came with you differently because I just do not think that is the workable way to do it. I do support the application, when the time comes, I will make a motion for approval with Condition number 13 removed. Thank you, Dee. Ms. Oliver: Alright. With that, we will entertain a motion. Mr. Redmond. Mr. Redmond: Madam Chairwoman, I move approval of the application with removal of Condition number 13. Thank you. Mr. Graham: I second. Ms. Oliver: I have a second from Mr. Graham. And, we can call for the vote. Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. 4 Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of nine to zero, Agenda Item 2, has been approved with Condition number 13 removed. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Caliber Collision (Building Renovation) 4901 Cleveland Street, Virginia Beach, VA ", dated 09/16/2020, prepared by Brian Rumsey, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint both are not obtained, the painting of vehicles shall be prohibited on the site. 3. Vehicles in a state of obvious disrepair shall be stored in the rear of the building and fully screened with required landscaping and a six-foot solid fence. 4. Vehicles that are considered to be total loss shall not be stored on-site for more than 48 hours and vehicles awaiting repairs shall not be stored on-site for more than seven days. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of-way. 5 8. The owner of the property shall be responsible for the continued proper maintenance of all fences, and shall keep them in a proper, neat, and orderly appearance, free from structural deterioration and disrepair at all times. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 11.There shall be no portable or nonstructural signs or electronic display signs on the site. 12.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 13.Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, noise, traffic, or overflow parking. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 /, V \i / R-40' _rv' .c� 4.' R-40 O 0 \ , rceo,i4 < * r./4° 40i ' .., ..�• , S iI •4 \ AL is skp'C� a ♦►� cob ,�fN -C13 7 O • R-40 i� s 0 1j1 � '�44° R-'4'0 R-4.0 \/\4- 0 it `A t , 0. (-- 1 • :,,\ --- s) A _..., \//_./ _ ,,-0,\ 1.\\ ' / - r , r, Site ArrowFit Human Performance, LLC W; '*, I Property_Polygons 1209 Funnel! Street Zoning Parking Lot Drive Aisle - Feet n 4n an 1 )n Ian ')An 4nn an ..„ 4\ rei t, .• u•iF : 2 4`L : _,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ARROWFIT HUMAN PERFORMANCE, LLC [Applicant] ISIS & ROBERT ARROWSMITH [Property Owners] Conditional Use Permit (Home Occupation) for the property located at 1209 Funnell Street (GPIN 1469903903). COUNCIL DISTRICT — BAYSIDE MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a personal training business within a 600 square foot accessory structure on the property in the Lakeview Park neighborhood. There will be a maximum of four clients per training session. Restrooms will be provided for clients within the single-family home. The business will operate between the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday and 8:00 a.m. to 11:00 a.m. on Saturdays. • Considerations: While the use is proposed within a residential neighborhood, it is a community of large lots zoned R-40 Residential District. And while the minimum lot area required in this zoning district is 40,000 square feet, this site is much larger at 1 .65 acres. Section 234 of the Zoning Ordinance allows up to 20 percent of total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 814 square feet, thus below the maximum allowed. With no more than four clients attending a training session at any one time, there is adequate parking available on the existing 293 foot long driveway outside of the right-of-way. As conditioned, all activities will be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. A condition is also recommended that no amplification of music or use of speakers be permitted except within the enclosed accessory structure to ensure there is no disruption to the adjoining property owners The applicant provided one letter of support and signatures of support from six neighbors, five of which are directly adjacent to the property. One letter of opposition was provided stating that they did not want this type of use to become a precedent in their neighborhood, leading to auto repair and possibly junk yards within the community. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. ArrowFit Human Performance, LLC Page 2 of 2 • Recommendation: On October 14, 2020, the Planning Commission passed a motion on the Consent Agenda by a recorded vote of 9-0 to recommend approval of this request. 1 . The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of 600 square foot accessory structure on the property. 3. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structure. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the accessory structure. 5. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 6. There shall be no more than four (4) attendees at any one time. 7. The activities for the Home Occupation shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Petition of Support (6 signatures) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: eK9 Applicant ArrowFit Human Performance, LLC Agenda Item Property Owners Robert & Isis Arrowsmith Public Hearing October 14, 2020 City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Home Occupation) Staff Recommendation a°�� • Approval G 6 ° Staff Planner dam` 6 t��Q;6°9- Marchelle Coleman ~ w�`°�cy d ° tee' \ e Location a aa es 1209 Funnel) Street6 d� GPIN 1469903903 , Site Size 71,887 square feet AICUZ WA < Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District • Single-family dwelling/ R-40 Residential Surrounding Land Uses and Zoning Districts North Funnell Street Single-family dwelling / R-40 Residential ` South Lake Smith East Single-family dwelling/ R-40 Residential West Single-family dwelling/ R-40 Residential tea ArrowFit Human Performance, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation within a 600 square foot accessory structure on the property in the Lakeview Park neighborhood. • The applicant is seeking to operate a personal training business. • There will be a maximum of four clients per training session. Restrooms will be provided for clients within the single- family home. • The business will operate between the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday and 8:00 a.m. to 11:00 a.m.on Saturdays. • Being that there will only be four clients at a time on the property,there is adequate parking within the gravel driveway,as depicted on page five of this report. R40'' Zoning History R-40 # Request / R-40 q 1 SVR(Lot Width)Approved 08/23/2005 LJ / ' - wit ROO Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation for personal training sessions is acceptable. As stated previously, the personal training sessions will take place in the 600 square foot accessory structure on the large 71,887 square foot lot.The clients will come dressed and ready to work out when they arrive on site.The applicant will allow clients to use the restroom inside of the home but plans to construct a restroom onto the accessory structure in the future. Section 234 of the Zoning Ordinance allows up to 20 percent of total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 814 square feet,thus below the maximum allowed. With no more than four clients attending a training session at any one time, there is adequate parking available on the existing 293 foot long driveway outside of the right-of-way.As conditioned, all activities will be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. In Staff's opinion,this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. The applicant has provided signatures of support from six neighbors, five of which are directly adjacent to the property. Due ArrowFit Human Performance, LLC Agenda Item 1 Page 2 to the nature of the use, Staff recommends a condition that no amplification of music or use of speakers be permitted except within the enclosed accessory structure to ensure there is no disruption to the adjoining property owners. Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance.As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The use shall not create noise, dust, vibration, smell,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. No more than twenty(20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of 600 square foot accessory structure on the property. 3. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structure. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the accessory structure. 5. There shall be no more than one (1)employee, other than the homeowner, on the property associated with this home-based business. 6. There shall be no more than four(4)attendees at any one time. 7. The activities for the Home Occupation shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. 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. ArrowFit Human Performance, LLC Agenda Item 1 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Funnell Street No Data Available Existing Land Use '—10 ADT Proposed Land Use 2-42 ADT 'Average Daily Trips 2 as defined by a single-family dwelling with 4 daily fitness classes a day Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Funnell Street in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects proposed for this area. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant notified the surrounding property owners, and no objections were raised. One petition of support with six signatures have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 2020. ArrowFit Human Performance, LLC Agenda Item 1 Page 4 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 2, 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 November 13, 2020. ArrowFit Human Performance, LLC Agenda Item 1 Page 5 Proposed Site Layout Nor 4 5 . tee. " 1i ds 44 4 Sin- r J. '';` 1, Imo Dwelling l 7 die sum''(°. i^. 141. ". t ., 11 7 x IP„, 340 sq. ft. trp Shed I cti ��� ill a.Q. o•.y 03 L f � =0& M\ < L. W �` Gravel w 6 rz P Driveway CI: ¢ " :al J }z 1 1 Ei F 4 600 sq. ft. �a 01 (20' x 30') cof GI x Accessory Structure Ell ts) `� 1` for Home Occupation 82.t 8 $ PM4)1) 364-57. tci FUNNELL STREET A''0 - & 50 --- PHYSCAL SURVEY OF PARCEL 01 LAND J. P. LAMBERT NOTE fHt$PRQFtR Y APffi1N$T4 FA!t W VIRGINIA arACN,VlRGINIA r e n..' ROM ZONE X AS SHOWN ON THE .a I&ItTIONAlt.FLOODPISUR NCEPROGRAMMAP ROBER I SrISiS ARR0WSMI TH FOR Df CITY a ViaG@dA BEACH CIOIkIgT1Y NQ6I5331-OOIf a Immo HMS W1tE 114IU21 I.WO DIG MINIS dalliTi WOE fiLEVATION SCALE I'*iC L/!I P.C. UMW Fi.00R MEW,now f p.OK C.O TEQt DO me_erae>r aelarrwtLrwa— ArrowFit Human Performance, LLC Agenda Item 1 Page 6 Site Photos " , • 't. ‘C . * $ t I _ - • ¢ � 'l * tr te ,` `'` 1 s: i - .! :Ttisi1 r • .. r 3-• ,� y. - . - ,,.,, L Alliiii‘4. - .. __ "„-� :� ..r.sr ,c "7' " c.d :,j $r=i� . 1' ,,,vim .,a•^r _.a'r '_45 ypx M" a. .'74C a. 'la rk' #n!,, `g = � ArrowFit Human Performance, LLC Agenda Item 1 Page 7 Site Photos F 2 s ms, • 4. 4: Lr ''. S.r M a 4i• s :i •: any.. �w dam. • - — � . o- • h-- -----Ii-- ___ ___ +e� . ____ — ----I-7— —I . q 6 ArrowFit Human Performance, LLC Agenda Item 1 Page 8 Disclosure Statement AB Virginia Beach APPLICANT'S NAME ArrowFit Human Performance, 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 meetina that pertains to the application(s). I 0 APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DAI I 11/4/2020 MLC ele, 17 REVISIONS SUBMITTED D.A, ArrowFit Human Performance, LLC Agenda Item 1 Page 9 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. lx. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:ArrowFit Human Performance, LLC If an LLC, list all member's names: Isis Arrowsmith Robert Arrowsmith 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. E 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:Robert& Isis Arrowsmith If an LLC, list the member's names: Page 2 of 7 ArrowFit Human Performance, LLC Agenda Item 1 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 ArrowFit Human Performance, LLC Agenda Item 1 Page 11 Disclosure Statement VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) nAccounting and/or preparer of I I��! your tax return I l 5' Architect/Landscape Architect/ ` ' Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ I\/I purchaser of the subject property LEI (identify purchaser(s)and purchaser's service providers) n n Construction Contractors • ElEngineers/Surveyors/Agents Financing (include current ❑ 7 mortgage holders and lenders l� selected or being considered to provide financing for acquisition or construction of the property) ❑ 171 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 ArrowFit Human Performance, LLC Agenda Item 1 Page 12 Disclosure Statement 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 li ion. TS SIG T KT NAM f rti YN 7 Page Sof7 ArrowFit Human Performance, LLC Agenda Item 1 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I " Accounting and/or preparer of I I your tax return �( 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) XX Construction Contractors CXEngineers/Surveyors/Agents Financing (include current f 1 I\� mortgage holders and lenders �J �J selected or being considered to provide financing for acquisition or construction of the property) 7 Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ � an interest in the subject land or any proposed development Ill I 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 ArrowFit Human Performance, LLC Agenda Item 1 Page 14 Disclosure Statement 11/413 Virginia Reach 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. 41t OwN[F S SICNATURL PRINT NAME it j J--� _ ,`oho 74-, te)10 4710. J dJ w Page 7 of 7 ArrowFit Human Performance, LLC Agenda Item 1 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. ArrowFit Human Performance, LLC Agenda Item 1 Page 16 Item # 1. ArrowFit Human Performance, LLC [Applicant] Isis & Robert Arrowsmith [Owner] Conditional Use Permit (Home Occupation) 1209 Funnel! Street October 14, 2020 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you. So, with that we are going to get started, we do not have any items today to be withdrawn or deferred. So, we are going to move right on to our next order of business, which will be addressed those items that have been placed on the Consent Agenda and Vice Chair David Weiner is going to handle this portion. Mr. Weiner: Thank you, Madam Chair. Today we have eight items on the Consent Agenda. First one is item one, ArrowFit Human Performance, LLC a Conditional Use Permit for a Home Ocupation at 1209 Funnel Street, Council District, Bayside. Is there an applicant for this item? Please come forward. I am sorry. Please come forward. Great. Please state your name for the record. Ms. Arrowsmith: Isis Arrowsmith. Mr. Weiner: And, do you agree with all the conditions? Ms. Arrowsmith: We do. Mr. Weiner: Great. Thank you. You can have a seat, thank you. Is there any opposition to this being on a Consent Agenda? Hearing none, Mr. Redmond is going to read this into the record for us. Mr. Redmond: Thank you, Mr. Weiner. This is an application of ArrowFit Human Performance, LLC for a Conditional Use Permit for a Home Occupation, specifically for personal fitness training. The applicant intends to perform this use in a 600 square foot accessory structure meaning a shed or an outbuilding on their property in the Lakeview Park neighborhood. There are a number of conditions that protect the adjacent homeowners in the neighborhood in general. Specifically, that there is to be no amplified music that can be heard from other people. It is a very common thing to have home occupations, we do it routinely for daycare for instance and 1 other uses. There is no opposition. The Staff supports this application and the Commission concurs with its consent. Thank you, Mr. Weiner. Mr. Weiner: Thank you, sir. The next two items are the Short Term Rentals that have been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for a Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of Section 241 .2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this request for items number 9 and 17. And, saying that I would move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. 2 Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By a recorded vote of nine to zero, Agenda Items 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number 6 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE • Inman AYE • Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of 600 square foot accessory structure on the property. 3. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structure. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the accessory structure. 5. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 3 6. There shall be no more than four (4) attendees at any one time. 7. The activities for the Home Occupation shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. 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 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: ArrowFit Conditional Use Permit Date: Monday,October 12,2020 5:46:25 PM From:Paul and Jane Ackiss<ackisspb@infionline.net> Sent:Monday,October 12,2020 5:30 PM To:William R.Landfair<WLandfair@vbgov.com> Subject:ArrowFit Conditional Use Permit CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr.Landfair, I am writing in support of the Conditional Use Permit request submitted by AnowFit Human Performance,LLC. My husband and I,both in our 70's,engage in strength training for our health. With the current COVID situation, we no longer workout in public facilities due to safety concerns. We were pleased to learn of the Arrowsmith request. A homebased personnel trainer working one-on-one by appointment provides an acceptable safe training option for us. The Arrowsmiths have a large and secluded lot,which would enable us in continuing to stay active by limiting our exposure to only the trainer.This controlled environment also makes it easier to sanitize and maintain cleanliness. I understand the Arrowsmiths have spoken with and obtained support from their neighbors and civic league president. Having been to the Arrowsmith's house,I can't believe that a couple of people exercising would adversely affect the quality of the neighborhood or disturb others.I understand that they led some physical education sessions for neighborhood children during COVID-imposed home-schooling.Indeed,I would think that such a business and the associated side benefits may even enhance the local area.Thus,as a former client and resident of the adjoining neighborhood(Lake Smith Taylor),I also support approval of this request. Sincerely, Jane Ackiss ArrowFit Human Performance,N:it 1209 Funnel)Street Virginia Beach,VA 23455 (850) 259-7952 Dear Lakeview Park Neighbors, I am applying for a conditional use permit for a home business. I plan to operate a personal training business from my shed. In order to utilize an accessory structure and train more-than one individual at a time I need a special permit. Personal training sessions will take place after 6 a.m. and last no later than 8 p.m. Groups will be no larger than four people at a time and training indoors will be maximized to reduce any noise or visual disturbance. By signing below,you are acknowledging and stating that it is okay to run this business.Thank you in advance for your support and cooperation. Sincerely, Isis Arrowsmith ArrowFit Human Performance-Owner 1'1L �/n� I Printed Name: �/ i Printed Name: Home Address: 50 1-2- -ficitokNecrotj Home Address: // y//e/" ,e-.7 Are you the ner?� No Are you the h wner? Ye /No Signatue Date: ! (3d ZO2Q Signature. ate: / /i7pZi9/) Printed Name: � ,, s/ D CJ , ) y Printed Name: o. c r e� Home Address: ) 3 1 3 /" v✓J 'i t/I sr Home Address:502- et oa Are you the h meowner?c'No Are you e ho ep ner. Ye o Signature: ate: 7 `13 Signatu : ate: 1` 1.3z 02_V Printed Name: / . • /Q Printed Name: 7140 /- `4)) ' ` u lA Home Address: 120LI cvnnc i1 s Home Address: I ZU f )' c ' "E c Are you the homeowner? Are you the / No ���� Signature: Date: 7 /3P° Signature: e: /3 From: Marchelle L,Coleman To: Marchelle L.Coleman Subject: FW:Conditional use permit Date: Thursday,October 29,2020 10:01:32 AM On Oct 13, 2020, at 7:16 PM, lisa facemire<yeswrangler@hotmail.com>wrote: Planning Commission, I have lived in Lake View Park for 67 years, my whole life. We raised our family here and now enjoy family gatherings with our whole crew here, including 4 young grandchildren. There just isn't another neighborhood in Virginia Beach that can compare. Our elderly Lifetime homeowners take pride in its uniqueness. And I cannot count the number of family clans that exist here as properties are bereaved to their children and grandchildren, and many move here to be near their family members. That being said, we have been faced with these permit requests many times. We have stopped our at least one acre lots from being diced into smaller lots for the sake of construction of additional homes over the years. These kinds of requests frighten our residents as well. By allowing a business for profit to operate on private property will set a precedent for other folks to operate a business for profit on their property. Hypothetically, if this passes, anyone could open a mechanical business to repair cars, machines, or anything. Causing unwanted traffic and noise on our quiet streets. I can envision a junk yard developing with this hypothetical business in the neighborhood. (this was a true zoning request a few years ago which included the construction of a massive garage for the purpose of a mechanical repair business.) My husband and I live on Madeira Rd adjacent to the property in question on Funnel Rd. We wish no ill will towards this family. We don't believe this permit, if approved, would cause any hardship for us. We have enjoyed listening to their children playing all hours of the day and evening. We are just afraid of the precedent this request will set if it meets with approval. We Respectfully request a denial for this permit. Lisa and Dan Facemire <drawing.png> Sent from my iPad E:=11 ,,i) _ FT, -- \`) � AG-1 AG-2 \., • W40 Site Property_Polygons Dale Wooden w / is Zoning 6336 Blackwater Road Parking Lot Drive Aisle Building Feet 0 25 50 100 150 200 250 300 Cti �lfv y ilj ,1• CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: DALE WOODEN [Applicant & Property Owner] Conditional Use Permit (Home Occupation) for the property located at 6336 Blackwater Road (GPIN 1397459926). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: November 17, 2020 • Background: This application was originally scheduled for the October 6, 2020 City Council public hearing. As that meeting was cancelled, this request was moved to the November 17, 2020 agenda. The applicant requests a Conditional Use Permit for a Home Occupation for the purpose of providing training courses within a single-family dwelling in the Blackwater section of Virginia Beach. The home occupation consists of computer training courses offered to U.S. military, state, and local organizations focusing on cyberware threats from the use of electronic devices. Classes will be taught inside the home and limited to 10 students per session. • Considerations: The designated space within the single-family dwelling is below the maximum allowable floor area of 20 percent of the structure. With no more than 10 students attending the training sessions, there will be adequate parking within the 1,500 square foot driveway. As conditioned, the number of courses will be limited to no more than five a month and all activities will be conducted indoors. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this request. • Recommendations: On September 9, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1 . The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. Dale Wooden Page 2 of 2 2. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of the single-family dwelling. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 5. The activities for the Home Occupation shall be limited to 5 days, per month, between the hours of 8:30 a.m. — 4:30 p.m., Monday through Friday. ■ 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 Manager: fn !N Applicant& Property Owner Dale Wooden Agenda Item Public Hearing September 9, 2020 B City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Home Occupation) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 6336 Blackwater Road I GPIN 1397459926 Site Size 44,583 square feet AICUZ Less than 65 dB DNL o- Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural ,, _ Surrounding Land Uses and Zoning Districts North Undeveloped land, cultivated field/AG-1 &AG- 2 Agricultural _ °' South s - Single-family dwelling/AG-1 &AG-2 Agricultural r` r East ■ £;_ Undeveloped land, cultivated fields/AG-1 & AG-2 Agricultural West Blackwater Road Single-family dwellings/AG-2 Agricultural Dale Wooden Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation for the purpose of providing training courses within the single-family dwelling in the Blackwater section of Virginia Beach. • The Home Occupation consists of training courses offered to U.S. military, local, and state organizations regarding cyberware threats that stem from the use of electronic devices. • There will be no physical changes to the site to accommodate this use.The classes will be taught inside of the home five days per month during the typical Monday through Friday work week, between the hours of 8:30 a.m. and 4:30 p.m.The class size is proposed as up to 10 students per session. • The applicant owns the property and is the only employee associated with this Home Occupation. • No signage is proposed for the business. • Clients will access the property using the existing concrete driveway and will park on-site.The 1,500 square foot driveway can easily accommodate client vehicles. I , 's Zoning History AO, # Request 1 CUP(Two Single-family dwellings)Approved 11/101992 t 1 - ---------- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation,to teach training courses to military, local and state law organizations personnel, is acceptable.As stated previously,the courses will take place five days per month between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. The designated space within the single- family dwelling is below the maximum allowable 20 percent of the total floor area of the primary and ancillary structures on the site. With no more than 10 students attending the training sessions,there is adequate parking within the existing 1,500 square foot driveway. As conditioned,the number of courses will be limited to no more than five times per month and all activities conducted indoors,similar to a typical family gathering. In Staff's opinion, this use will not change the character of the neighborhood, meets the requirements of a Home Occupation per section 234 of the Zoning Ordinance and will not adversely affect the surrounding properties. Dale Wooden Agenda Item 3 Page 2 Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The use shall not create noise, dust,vibration, smell, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. No more than twenty(20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of the single-family dwelling. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 5. The activities for the Home Occupation shall be limited to 5 days, per month, between the hours of 8:30 a.m. —4:30 p.m., Monday through Friday. 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 being in the Rural Area with primarily agricultural and rural related activities. Goals within the Rural Area include preserving and promoting the agricultural economy, preserving the rural heritage, sustaining natural resources for future generations, and managing rural area development and design. Natural & Cultural Resources Impacts The property is within 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. A preliminary stormwater analysis is not required since the proposal would not result in an increase of more than 2,500 square feet of new impervious surface. Dale Wooden Agenda Item 3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Blackwater Road 1,400 ADT' 11,200 ADT 1(LOS°"D") Existing Land Use Z—10 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips gas defined by a single-family 3 No information available in the 4 LOS=Level of Service dwelling ITE Trip Generation Manual for home occupations Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Blackwater Road is a Rural two-lane roadway. Blackwater Road in the vicinity of this site is not on the MTP and there are no roadway CIP project planned for this portion of the right-of-way.The proposed use will not generate enough traffic to impact Blackwater Road and the surrounding roadway network. Public Utility Impacts Water& Sewer The property is not served by City water or sewer.The private well and septic system was previously approved by the Health Department. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 10, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 23, 2020 and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 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 November 13, 2020. Dale Wooden Agenda Item 3 Page 4 Proposed Site Layout {/� t����t:fH UIc f� • • Jr -� Cf I cif (1)E; JyTt ...--.: Pi • 4.,„ ....,,o'iL 7 0 H- CC g§1 CI Pei Q IL J IX • —1Q W a 6� ` } I + CD NC < =61-2 .._, vN A r J < i 0m C) a.a.z Lai8 OC Cei 4 = m Q up C! a aWin Il m In re (.07 n K i iii tn N y NQ U) W 5": Concrete Y f L Z 4. z Driveway & §.. Q Parking Area �` j _ Single Family }% 0 Ir Dwellings Ili P V W V ., i i I49. a FBI N�' W F e 5., D1 1A W i= Vw (r) PIN {F M w eV' 1°:Zito ► CKWAIER ROAD PHYSICAL SURVEY OF PARCEL OF LAND AT 6336 BLACKWATER ROAD NOTE THIS PROPERTY APPEARS TO FALL IN VIRGINIA BEACH.VINGINA FLOOD ZONE X AS SH04My ON THE �a IwdT 20I+1•aoo.1y/4' NATIONAL FLOOD INSURANCE YROORAN MAP MARSC1 EIfJ R PROPERTIES FOR THE CITY OF YINOINIA BEACHI COIWMLINUTY I O515S:11-OJ70 F DATED Ob04401 OAT('APRIL 27.2012 DIG BASE ELEVATION SCALE.T`.44' LOAND B RVE7C1'7 LOYIZ BY PLOOR ELEVATION F. �ui1H11VEY�!1,►L B S]� CAD TI CII Op •1Dww, Dale Wooden Agenda Item 3 Page 5 Floor Plan b 2o.1' j 4H r31 oI T r —- 1 -- --- - _. Phl Q LAWOR'f BEDRt xek T — —1 r-- 1 1 6 BAT,4 6 — I-I A _ 0 0 0 M M E j N 0 6Eveoor\ F •. 2 0I F I eI I I, 2 0 I 1IN 1 N (MM..El) to ') 0 i 6 d rot 6EDRoo>~ 1 G 201 -� --E— — 1 at F0-5 10 $1-0OPn1T5 __-rl 1— 1 (s) S' rA8lE5 v1/04/305. l (3EDZoor 340,15 ' r I 1- - , 23.254 Dale Wooden Agenda Item 3 Page 6 Site Photos 4• - .0pN i i k* I .. .4*. t qs ` — 4 1/4 N. YIN. t X 4. t� ar- ' -�.. .. I . 4 1 1 . . i . - I . - -- ' a� , , . _ _ ' ,- --„. , .,.. ....„......... . . .,., . .. A , _ d - ... , °.'' .... Ii+'' _ sue., .� .._ . a aiA 9 0 f • loll ii 7. 1 P. _• '' . k"....,„„: -,:--I-74-s' -1 ill t J r 11if etP t Dale Wooden Agenda Item 3 Page 7 8 a2ed E wall ePua0V uapoom aleCI ..., \ _ t I • \ • . • .. 4 I • . ' • I v,": 0 ., i' - ' --- 't • , - . r Jo--go ..„., ANN Iti - - ---- ` `-- ,--.,-, --. , -, ' • ' ,..,, - '. , ..,,.------ -. ";-,-----4,_ . --'•s,''.-''' --,-.A.. --x,... ------ - .-.— _ ,:-.. __ -_ -_ .t._k,,,,,,_ ..,......,... ‘i•.; .4 •- •••••-- "( ....."-;-.... --,z ...• -N.,,, ' '-‘, '- - ...-_2_., '..-- .-. -- ‘-'"k•••''' . . . -•.; ••• - _ . r-.... •.- •-•- • - -- -....1.,4..„ ....... ___ ,._ , _ _,....!.... _ ,14 , , ...• 2 v -- -,,------- _---,--- - - - ---7....;.----.i.,-------:-- • • ,.. .--!2:•,,,.-.- /, .,, , -----' -, - ".• ....,----'-% '.• ,• , -: '.--•- f.--:.--:./-, ,..1 \--: •ft- - "t-. ; _ „. • 177 I- t-_i L---1 ..- -= \ \op, .._. 5.7 r...7 i .,_ ,„ ....., --- :-.. •-- , , , S0104d al!S Disclosure Statement 1kB Virginia Beach APPLICANT'S NAME Dale Wooden 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 discloswes must he updated two I2)weeks prior to a: Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationisi / Op APPLICANT NOTIFIED OF HEARING DATE � /f cm NO CHANGES AS OF DATE 11/3/2020 MLC �('/�j ?"-- -' a REVISIONS SUBMITTED DATE Dale Wooden Agenda Item 3 Page 9 Disclosure Statement 1VB Virginia Beach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Dale Wooden Agenda Item 3 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code§2 2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4- SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Dale Wooden Agenda Item 3 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of Jones.Madden,and Council.PLC your tax return n n Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n 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 N Construction Contractors ❑ IA Engineers/Surveyors/Agents Financing(include current ❑ ' mortgage holders and lenders �& selected or being considered to provide financing for acquisition or construction of the property) E17 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 Dale Wooden Agenda Item 3 Page 12 Disclosure Statement • ,\AB ♦�r'�1111i1 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. Dale Wooden 07/13/20 AP' CANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Dale Wooden Agenda Item 3 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. Dale Wooden Agenda Item 3 Page 14 Item # 3. Dale Wooden Conditional Use Permit (Home Occupation) 6336 Blackwater Road September 09, 2020 RECOMMENDED FOR APPROVAL- CONSENT Ms. Oliver:Thank you very much for taking the time to come down and speak. And, with that, we are going to go ahead and move on to the Consent Agenda and Mr. Weiner. Yes, you. Would you take that over please? Mr. Weiner:Thank you, Madam Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred. There are no speakers signed up in opposition to the Planning Commission. The Planning Commission places on the following applications on the Consent Agenda, Item numbers 2, 3, and 4 on the consent agenda. The Planning Commission also places the following applications for the Conditional Use Permit for Short Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission supports the applications and there are no known speakers signed up to comment is belated item 6, 7, 10, and 11. Is there anyone here in opposition of these items being put on the Consent Agenda? As hearing none, I Move for approval of the following items to being on the Consent Agenda items 2, 3, 4, 6, 7, 10 and 11. Ms. Oliver: Right. Thank you, is there a second please? Mr. Alcaraz: I will second. Ms. Oliver: Alright, we got a second. Is anybody need to abstain from any of these items? Ooh, I do. Excuse me. Hold on one second. I forgot it went on. I am going to abstain from item number seven. I am a party to a court case that is unrelated to the Planning Commission or this application, but a representative of the applicant is involved in this case, so, I have chosen to abstain. Ms. Coleman:lf you are in favor of the motion say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz:Yes. 1 Ms. Coleman:Mr. Barnes. Mr. Barnes:Yes. Ms. Coleman:Mr. Coston. Mr. Coston:Yes. Ms. Coleman:Mr. Graham, Mr. Horsley, Mr. Inman, and Ms. Klein are all absent. Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman:Mr. Wall. Mr. Wall:Yes. Ms. Coleman:Mr. Wiener. Mr. Weiner:Yes. Ms. Coleman:And, Ms. Oliver. Ms. Oliver:Yes, with the exception of number seven. Ms. Coleman:Okay. By recorded vote of seven for and zero against with the notations noted on number seven. The following items 2, 3, 4, 6, 7, 10, and 11 have been recommended for approval by consent. If you have had an application that was on Consent Agenda today 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 and watch. Thank you all for your participation. Ms. Oliver: Thank you for coming down. And, now we will move on. 2 AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes AYE Coston AYE Graham ABSENT Horsley ABSENT Inman ABSENT Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of the single-family dwelling. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 5. The activities for the Home Occupation shall be limited to 5 days, per month, between the hours of 8:30 a.m. — 4:30 p.m., Monday through Friday. 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 3 Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 AG1 • ,. 4. V 41)� � AG 1 a • cz? '6: ° y,?©,, .-w III a� .t . p, d � AG2 / , R20 „ \,.* \ ,f:, ---__J <, .y op / © r A.G=1 &,A:G:=2 l AG1 1 h /R20 l N VIA Site Louis Perrin w A1;,: Property_Polygons 2121 Munden Point Road Zoning Parking Lot Drive Aisle - Feet Building 0 80160 320 480 640 800 960 : uf � ttr,; s=; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LOUIS PERRIN [Applicant & Property Owner] Conditional Use Permit (Residential Kennel) for the property located at 2121 Munden Point Road (GPIN 2307684775). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: November 17, 2020 • Background: The applicant is seeking a Conditional Use Permit for a Residential Kennel for up to 13 adult dogs. As the Zoning Ordinance limits the number of adult dogs on a property to four, a Conditional Use Permit for the additional dogs is required. Proposed is a 1 ,080 square foot kennel on the applicant's 13.96-acre property where he resides. Approximately 5.50 acres of the property is considered uplands, or land outside of water and marsh. The soundproof and airconditioned kennel will not be open to the general public, nor will the applicant offer overnight boarding of dogs. The applicant trains dogs and shows them around the country. ■ Considerations: The proposed kennel structure will be approximately 69 feet from the nearest property line and located over 155 feet from the closest residential dwelling, thereby meeting all setback requirements. This property is located in the rural area of Virginia Beach where residential kennels are somewhat common on large lots. The property will be enclosed by a six-foot high privacy fence and well screened by existing vegetation. The request has been reviewed by Traffic Engineering and commented that no increase to the traffic volume would be expected since the kennel is not open to the general public. Animal Control has reviewed the request and indicated that there is no record of any complaints filed with the City and they have no opposition to this application. There were three speakers at the Planning Commission public hearing, all in support and all of whom live in close proximity to the applicant's property. These neighbors expressed appreciation of the applicant's desire to speak with them in advance of the public hearing about the proposal and noted the seeming high level of training and friendliness of the dogs. Seven letters of support and two letters of opposition noting concerns related to safety, noise, property values, and traffic were also provided to the Staff regarding the proposal. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Louis Perrin Page 2 of 2 • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0, with 1 abstention. 1 . There shall be no more than thirteen (13) adult dogs kept on the property at any time. 2. The dog kennel structure shall be constructed to be soundproofed and air- conditioned. 3. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (7) Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: Applicant& Property Owner Louis Perrin Agenda Item Public Hearing 1 , 2 city council ElectionOctober District4 Princess IB Anne city of 5 Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation €' Approval Staff Planner Hoa N. Dao Location 7 den PointR4,11 2121 Munden Point Road c,„ GPIN LonRwd 23076847750000 Site Size 13.96 acres (5.50 acres above water, marsh, floodplain, &wetlands) AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-1 &AG-2 ... 17f + �rM n Point .dam Agricultural Z 9 " ill Surrounding Land Uses and Zoning Districts • �•,,, d* �"� •' . North .6' ;f.;•_ & . " A • Single-family dwelling, vacant parcel /AG-2 'fi '`-� . Agricultural * s ' �" South ' North Landing River I. East Single-family dwellings/AG-2 Agricultural West Vacant parcel/AG-1 &AG-2 Agricultural Louis Perrin Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Residential Kennel for up to 13 adult dogs.The applicant trains and shows Rottweilers. • The applicant recently relocated to Virginia from Massachusetts, where he formerly operated a residential kennel of similar capacity and would like to continue the same operation here in Virginia. • The kennel is not open to the general public. No overnight boarding of dogs is proposed with this request. • Section 223 of the Zoning Ordinance requires animals to be kept in a soundproof, air-conditioned buildings, or be located at least 100 feet from an adjacent property line. The proposed 1,080 square foot kennel structure will be soundproofed and air-conditioned and is measured approximately 69 feet to the nearest property line, thereby meeting the requirements. In addition,the kennel is located over 155 feet from the closest residential dwelling. z AG-1 46-2 £ ,f. Zoning History � / ( # Request v j I/AGii 2 CUP(Residential in AG)Approved 07/13/1994 1 SVR(Lot width)Approved 12/13/1995 4 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 Staff finds the proposed Residential Kennel to be appropriate and compatible with the character of the surrounding rural area. The property is a large lot of more than five acres of uplands in located at the end of a cul-de-sac in rural Virginia Beach. The dogs will be kept inside the proposed 1,080 square foot structure which will be constructed to be soundproof and air-conditioned. As stated above, the kennel structure is located approximately 155 feet from the closest dwelling and will be enclosed by a six foot high privacy fence and well screened by existing vegetation. The request has been reviewed by Traffic Engineering and commented that no increase to the traffic volume would be expected since the kennel is not open to the general public. Animal Control has reviewed the request and indicated that there is no record of any complaints filed with the City and they have no opposition to this application. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Louis Perrin Agenda Item 5 Page 2 Recommended Conditions 1. There shall be no more than thirteen (13) adult dogs kept on the property at any time. 2. The dog kennel structure shall be constructed to be soundproofed and air-conditioned. 3. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 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 being in the Rural Area with primarily agricultural and rural related activities. Goals within the Rural Area include preserving and promoting the agricultural economy, preserving the rural heritage, sustaining natural resources for future generations, and managing rural area development and design. Natural & Cultural Resources Impacts The property is within the Southern Rivers watershed. A preliminary stormwater analysis is not required since the proposal would not result in an increase of more than 2,500 square feet of new impervious surface. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Munden Point Road No Data Available Existing Land Use Z—10 ADT Proposed Land Use 3—10 ADT 'Average Daily Trips ?as defined by a single-family 3as defined by a single-family dwelling dwelling with a kennel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Munden Point Road is a two-lane undivided local street.There is no roadway Capital Improvement Program project slated for this portion of the roadway. Louis Perrin Agenda Item 5 Page 3 Public Utility Impacts Water& Sewer This property is not served by City water or sewer. The existing private well and septic system has been approved by the Health Department. Public Outreach Information Planning Commission • Seven letters of support and twee two letters of opposition have been received by Staff. The opposition letters expresses concerns for safety, noise, property value, and traffic related to the kennel use. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 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 November 2, 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 November 13, 2020. Louis Perrin Agenda Item 5 Page 4 Proposed Site Layout ,i ,,.. - . _ , ., --'- .,, / 4--1,-: - --.--------- ----'-' / - ---..,_ / , , , , -'- . „._ • \\L_ , ___, , ii : .- ,. 'I. _ ' -'' ,;; r—, •:'': '" , .„ ._ . • 4 ••• e' _ , % /Ln ‘4"....„...„... .- . . u..1 LT V) Lu D v) }— 0 --._ u °° 0 I-1-1 ° re e-1 cC Y •-•- H 2 -,.. if) ..,—... --, , - •I, \ \ t.-. C \ _ Ira 0 \ . •- - a de lapire- ::- .... .4....k -4. Louis Perrin Agenda Item 5 Page 5 Proposed Renderings �� '� 1 '' .arm# 6.4 h ..... __ Mr 44 I ,+` ,t- 1 - -- -- - 4 , -- In grill ; _ 0 . P1JII = ..� . _ { ' r......._,..ii.:1„ Louis Perrin Agenda Item 5 Page 6 Proposed Floor Plan v. c t d < ITS a u4 t l441 .4 3 4 C + S 4- J s v r J�L -,d�y'n nOrTr I en r+ :1i Y 1 N sic------ -- _L I f c s e J I sX75 «1/ dcY 0•'it---1 e I ,' I I t = c,, 4 evk--,„Z r... ill i•4 es4.,„y • d f h jsV J.pa t .. H a1 5,4 V ,rYfr f 0'7 I I I ( r } p /` s. I ' 1•wsy �_ II f �- hr. { t A 1 � 9 d ^tr as dooa s' ' IL 3 Z Q "f 3y1�f7 � day a '. ., y 4.1 <t.t 4� r I 1__--1 I I cm P d J 1�a.a...4, ‘,7-1 — -4Y"..) -1-1 n r. - - -$ *•. CI t-.zo,. 46, ,,..c, A ,. • Louis Perrin Agenda Item 5 Page 7 Site Photos -; <r, r/ wiz - - • -s R ..'t4 . Y y.� I ,_3 I. 4 *3 ,. / `:~ { t H�, K� y` Os ' •tom'. k p 1g1K � ��')� ... � per 10 .1: ...„,... 4 ‘I, ...t . . . , iii...-,..,,_......,...4., N. ' -.. _, ..„fk.',.z4:...4} -----....--,.- ,FraT V 6 •• • , mil yt.. 'i r/..,../ a .iy ( I • � � - ^1/ n r' R , ,_.. Yf fiy, ariiii I tiii P. may. _ _ s, . - ' -- ''''''''.--'-..—L4'. ..,-'--1.-•r'r• . ,...,,,„ k .• ,, ..,....„...,_:: .• . , ., ...,,.. ..,....,,...„..,_, ...__„,,,...,, ,=_,,,,.. . . ''''. r 3J,I 3. - . 1 ;1. i•'C' 2EA''S'�lt e'r- f-5 .. f a:t5 - Louis Perrin Agenda Item 5 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Louis Perrin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals __ Certificate of Floodpiain 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 Plannin.Commission and Cit.Council meetin that i•ertains to the a;.,lication(s). _ El APPLICANT NOTIFIED OF HEARING DATE in NO CHANGES AS OF DATE: 11.04.2020 REVISIONS SUBMITTED DATE. Louis Perrin Agenda Item 5 Page 9 Disclosure Statement V13 Virginia Beach 51 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ElCheck 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. • 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 Louis Perrin Agenda Item 5 Page 10 Disclosure Statement Itfi3 \'irk=i,ua 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) 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 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 Louis Perrin Agenda Item 5 Page 11 Disclosure Statement APPLICANT viania Beach [S 1 NO 1 L SERVICE i PROVIDER(use additional sheets if 1 C Accounting and/or preparer of I I your tax return nArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than athe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed • a purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nU Construction Contractors n n Engineers/Surveyors/Agents Financing(include current n El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers/ • ❑X Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 Louis Perrin Agenda Item 5 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information i 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. 7 40L4.3 4IrT II t.IJ/ . APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Louis Perrin Agenda Item 5 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. Louis Perrin Agenda Item 5 Page 14 Item # 5 Louis Perrin (Applicant & Owner) Conditional Use Permit (Residential Kennel) 2121 Munden Point Road October 14, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: At this point, we will move on item number five. Louis Perrin on Conditional Use Permit fora Residential Kennel located at 2121 Munden Point Road. I have a number of speakers on this Mr. Weiner. Mr. Weiner: Welcome, sir. Mr. Perrin: Good morning Board. Mr. Weiner: Please state your name for the record. Mr. Perrin: My name is Louis Perrin, I reside at 2121, Munden Point, Virginia Beach. And, I applied for a residential application, my address is 13 acres and it is zoned AG2. I had a kennel back in Massachusetts and when I moved to Virginia, I wanted to focus more on my dogs, I show dogs, all over the country. So, I wanted to apply for residential kennel, because your bylaws states if you have more than four dogs you require a residential kennel license. I did submit when I was filling out my application, letters of recommendation from the town that I lived in and also from the dog officers stating I never had any issues or any complaints, and also for my neighbors. I did apply for a permit to build an indoor kennel that is going to be heated and AC, also I have cameras inside and those dimensions were 27 by 30. Other than that, unless the Board's got questions for me. Mr. Weiner: Okay. Please stand by, we listen to some of the speakers talk, you will have a chance to come back up. Mr. Perrin: Thank you, sir. Mr. Weiner: Thank you. Ms. Dozier: Tariq Louka, and as you approach the podium, if you could state your name for the record, please. Okay, moving on to the next one. Samantha Guida. 1 Mr. Weiner: Welcome. Ms. Guida : My name is Samantha Guida and I do live directly across the street from Mr. Perrin, my address is 2120 Munden Point Road. My boyfriend and I are in favor of the dog kennel for the following reasons, we have personally met the four dogs that Mr. Perrin has, when we approach them, they are non-aggressive, they do not bark at us, they are actually very sweet and gentle. We do have a rescue dog that is only a year old, who is only 39 pounds, so, she is small in stature. She has play ed with his dogs, none of them have been aggressive towards her, mean, biting or nipping, none of that, very sweet and playful with them. I personally have fed his dogs, had my hands in their mouths, none of them have been food aggressive. None of them have charged at me, nothing of that sort, they are actually very sweet. And, then we have been in their home before, never once have we heard them bark. The garage that they are staying in currently is soundproof and does have AC and heat, they are well-kept, well-mannered. Never seen them out running loose or anything like that, and matter of fact, we are actually in awe of Mr. Perrin, because his dogs are so well-mannered that they listen to him, they obey him. My dog for instance, does not listen, she runs rampant and just does not behave, unfortunately. But, again, we just are in awe because his animals are so well-kept and just the sweetest dogs personally. And again, we do not ever hear them bark, we do not see them running around or anything of that nature. And, we think it is actually a breath of fresh air to have new neighbors who are very nice, their children are great, and again their dogs and they are just, well-behaved. That is all I have to say. Ms. Dozier: Thank you. Clement Chernak. Please state your name for the record. Mr. Chernak: Good afternoon, my name is Clement Chernak, I live at 2100 Munden Point Road pretty much directly across from Mr. Perrin's house. I have been there for 13 years, we have different types of neighbors. Some come over to you and discuss things, tell you what their plans are etc. Others might call the City to see if you will cut down trees, so they can have a better view. And anyway, bottom line is that Mr. Perrin came up and introduced himself to me. Talked to me about his plans, etc. I have a little bit of background in sound etc. and all that, so, I actually helped him with some things, took some sound pressure level readings, etc. I used to do home theater installation. Sounds to me like the soundproofing ideas for this kennel of look quite sound, should reduce any output by about 30 decibels. I have never walking my dog, up and down the street, experienced any bark from his dog unlike many other dogs in the 2 neighborhood. So, I am not concerned about that in the slightest. I actually had him, make the dogs bark out in the yard. And, the sound levels were considerably less than a lawnmower running or the jets passing overhead. There were basically about the level of a normal conversation that loops coming in around 62 decibels, somewhere around there. So, I am pretty satisfied with that. Having observed his yard for quite some time, because we get flooding and frankly, I kind of use his yard as a gauge as to whether I can get past West Neck Road or what have you, in terms of if I have to go out and get something. Where he plans on putting the kennel, there is no flooding. So, that is the least of my concerns there as far as ground contamination or any of that. This construction plans seem good and I welcome the fact that he took his time to come out, introduce himself, tell me what he was doing before he did it. And, this is the kind of neighbor I like, ones that work with you. And, that is all I have to say, and I have met the dogs. The dogs are fine, I have done animal rescue and I worked on dolphin rescues, dog rescues, fostering kittens, and fostering other dogs. His dogs are confident, they are calm. They are not like our family pets where we tend to spoil them. It is a different level of training. And, I have absolutely no issue with what he plans on doing. Ms. Dozier: Thank you for your comments. Mr. Chernak: Hope to learn from him. Ms. Dozier: Thank you. Mr. Chernak: You are welcome. Ms. Dozier: Maria Perrin. Please state your name for the record. Ms. Perrin: Hi there, my name is Maria Perrin. I am a retired warrant officer from the army, I have been married to my husband for 22 years. I was not raised around dogs. I actually had a pretty big fear of dogs as a kid, my parents kind of embedded that in me. My husband has begged me to have dogs for a long time. I finally did. I am now a pre-vet student at Becker College. One of the things that really turned me on to wanting to be around dogs is not only my husband's but my friends passion for animals and the love that they had for pets. I suffer from PTSD and one thing that I have learned besides going to college, is how therapeutic animals can be. The passion that my husband has shown with his Rottweiler's has really brought a whole new meaning for animals and myself. I have bonded with the Rottweilers that he has. I have seen his passion and we 3 gave up a lot to move to Virginia, we had a lot of property but due to some medical issues, we decided to sell everything and I came along with him to pursue his dream to raise dogs, show dogs and do something that makes him feel better. And, I just want to say that what I have seen with my husband and with the dogs that we have and going to college to pursue a veterinarian degree, I have a whole different view on dogs and I love the dogs that we do have and my husband is very passionate and very good with his dogs. And, that is all I have. Ms. Oliver: Thank you. Ms. Dozier: Kyle Bosiljevac. Please state your name for the record. Mr. Bosiljevac: Good afternoon. I am Kyle Bosiljevac. So, I live at 5909 Hattie Street which is on the corner of Hattie and Munden Point, I lived there for about 10 years now, and I just wanted to come and show my favoritism for Mr. Perrin here. I only just met him a couple days ago. I became aware of the situation that was going on, that is kind of at the other end of Munden Point, so, two different worlds I guess I do not know, but I wasn't really sure what was going on down there but he was happy to invite me to his home, and kind of explained what was going on and what his plan was in the situation. And, so, I was able to meet three of the dogs while I was down there, they were all super happy, friendly, and playful. I did not see any aggression whatsoever at that point. He also was in control of them, the entire time he was not letting them out, run around, or anything like that on his property. He showed me where he was planning on putting the kennel, it is behind some trees, well off the road, with his plan to heat and AC it, it is going to be insulated I do not see any issue with sound or anything like that. I actually had no idea that he even owned dogs up into that point, I have walked my own dog past this house several times since they have moved in, I had no idea he even had dogs. So, as far as the barking currently it was nonexistent. The only time I heard them barking was when he went in there to get another dog and come back out and even then I was standing right outside the garage. So, I guess I am just here to say that I do not see any issue with what he is doing. He seems like a very agreeable person he is interested and trying to make the other people around him comfortable with what he is doing so, he is offered to make amenities and things like that. So, I am all in favor for it and I would be happy to answer any questions you have for me. Ms. Oliver: Thank you very much. 4 Mr. Bosiljevac: Thank you. Ms. Dozier: We have no additional speakers for this item. Ms. Oliver: Thank you. Yes, Mr. Perrin, would you like to come back up. Mr. Perrin: One of the last things I want to talk about with my dogs and when we talk about the word Rottweiler and people automatically have fear. One of the things we do with show dogs is, from the minute they are born we are running our hands through their mouth. We are teaching them not to protect food, we are teaching them not to have food aggression and we are teaching them that we are the alphas. And, the reason we do that is because when we were in the show ring, I have to have my dogs open their mouth and have a judge count all their teeth, and make sure they have the correct scissor bite and pigmentation within their mouth. And, the reason I tell you that is because some people may have fear of the unknown, because they do not know a Rottweiler, but we do not breed dogs to have bad temperaments, I have a dog that has done protection work, that dog's temperament is fantastic. In Germany, they will not allow any dogs with bad temperaments to be bred. They have to be up of the highest standard to be bred and shown, not just temperaments but also health. That is all I really have for the Board, I know it is not an easy decision. I was on the Planning Board in Massachusetts that I had to resign from. And, honestly, it was very rewarding, so, regardless of your decision I know it is not always an easy decision. Unless the Board's got questions for me and honestly I am extremely nervous on this side. I am always on the other side, so, I am not nervous but this side is pretty intimidating. Ms. Oliver: I appreciate that. Do we have any questions for the applicant? Yes Mr. Weiner. Mr. Weiner: How long have you been doing this in Pungo, where you are living now? Mr. Perrin: I just moved here sir August 21. Mr. Weiner: Okay. What do you have there built now for the dogs. Mr. Perrin: I have nothing, I have my dogs I run them in and out, I am semiretired, I had a ton of real estate back in Massachusetts and I was a builder. But, for unseen reasons I had to sell everything and move more south. Being a true New Englander I could not really move Deep South because I could not deal with the heat. So, I thought Virginia would be a happy medium 5 for me. Right now they are in my garage with us because we are painting the house and I do not want to get black fur on the paint, but I rotate them in and out of the house constantly. But, when we do that, we are instilling training. People ask how many times a day you train your dog. Every second is training, I am out the door first they are second. They eat when I tell them to eat, they look at me when they are walking, they are listening. At the end of the day I love them like my children but at the end of the day, there are still dogs. Mr. Weiner: We will just do real quick I am going to make this not a question, it is just a note, I know what you are saying about Rottweilers, when people hear Rottweiler they are thinking big mean dog. I have a pitbull and she's the biggest one that I know, the biggest one dog. But, the doorbell rings she runs out back. So, I know what to saying, thank you. Mr. Perrin: Thank you, sir. Ms. Oliver: Don. Mr. Horsley: You said you have got 13 acres, but a big portion of that is a swamp and marsh area is that right? Mr. Perrin: There is a little bit of water, sir. I really have not really had not figure out how to use your systems yet, back home we would use all over GIS and I could actually measure the land. I have tried that, on your site that really have not figured out your site yet, but I would have to say seven acres, seven and a half acres is land and the rest is water. Mr. Horsley: We had some letters and, other letters that people did not show up today for some odd reason but were you dogs had been on the other people's property. How did that happen. Mr. Perrin: So, what happened when we originally got there, I had some outdoor kennels where I feed them and then I will let them go to the bathroom, so, I could pick it up. Your dirt is different here, I did not realize when it gets wet in that clay, it is very clayish. I tried to open the dog door, the way the dog got out. Since then I moved my kennels on a concrete base in the driveway, until I build my kennel. The dog did get out, I did get the dog, but also for the record the dog was surrounded by chickens and nothing happened. 6 Mr. Horsley: Nuff said, I guess. Anyway, do you ever anticipate, I mean you are going to have your property fenced in, so the dogs when they are loose, they cannot get out. Mr. Perrin: Yes, sir. So, currently, I have had nothing but bad luck since I moved to Virginia from day one, the dishwasher died to everything else to the dock. Mr. Horsley: It is 2020. Mr. Perrin: I am hoping next year will be better but when they were repairing the dock. The truck driver had them off and on the back of the truck and knocked down the pillars at the end of the driveway where I planned on putting a gate to keep the dogs in, but just for the record some of these dogs are worth anywhere from 20 to $40,000. I do not have any intentions on letting them run free, they are usually on leash with me. That was a one- time incident, I am embarrassed about the incident because that is not how I am with my dogs but it was I had only been there like two weeks. New smells, new area, new everything happened, I never had that incident Massachusetts. I think I submitted a letter from the dog officer back home praising me for the way I keep my kennel and how I take care of my dogs. Mr. Horsley: Thank you, sir. Mr. Perrin: Thank you, sir. Ms. Oliver: Commissioner Klein. Ms. Klein: Thank you. Can you speak to where some of the contention is coming from, with some of the other neighbors who are less than thrilled about the kennel. Mr. Perrin: So, my one neighbor, we actually stopped people over to talk to me, which was a relief. For the longest time I felt like I was living on eggshells, did not feel welcome to the neighborhood. Here I am I just spent $1.1 million on a house and I am afraid to go outside with my dogs, because I am afraid of what people are going to think. So, he did eventually pull over we went for a walk and we talked, and his concern was his biggest fear of anxiety and not knowing the dogs. He currently lives beside me there is a six foot wooden fence. It is almost impossible for a dog to get over there, but my concern is, I am the new guy on the street. I have nothing but respect for my neighbors that is why I reached out to everybody before we even bought the house I drove down here three times from Massachusetts 7 to meet my neighbors. So, I want to live my dream but I also want people to live in peace. So, I am willing to do whatever I have to do to make my neighbors happy because I do not want to hear dogs barking either. But, I will do whatever I need to do to make them happy, but I think the biggest thing was fear. The word Rottweiler, and then me and him went for walk with one of my dogs and he felt extremely more comfortable. I asked if he wanted to put his hand in the dog's mouth but he said he had not gotten to that level yet, but I wanted to show him that dogs react off people's behavior too. If you show fear, there is more standoffish, but my dogs are very confident they go to Home Depot with me, they go to the pet stores. Last year before COVID, I was in Ohio and 330 Rottweilers there, there were no issues. In the show ring your dog can not show any aggression, or they throw you out. In the dog world business, we can be crazy people. We take dog shows very serious. So, for us, winning is everything in for something like that to happen is very embarrassing. So, I train my dogs a lot to react to people, strange people, strange locations, different situations. Ms. Klein: So, to this point have there been any incidents with your dogs, other than them just escaping from the yard. Mr. Perrin : No, madam. Ms. Klein: Thank you. Mr. Perrin : Thank you. Ms. Oliver: Mr. Wall. Mr. Wall: So, you currently have four dogs. Mr. Perrin: I currently own, I have four dogs but in total I have nine dogs. Mr. Wall: You have nine dogs, okay. Because the sketch of the pen, it has eight pens within the building. Mr. Perrin: That is correct the rest of my dogs stay in my house. I have a son that has a French Bulldog believe it or not, he rules the Rottweilers. And, then I have a daughter that has severe anxiety, who wants to get a toy poodle to help her. But, that is kind of been on hold because I am already exceeding the town bylaw. So, I really cannot move forward into anything until I figure out where I stand with the city as far as the kennel. 8 Mr. Wall: Okay, thank you. I am curious about the perimeter fence or a fence is there, because you mentioned you do not have a gate but is there a fence? Mr. Perrin: So, North Carolina's to the south. So, to the north, there is a stone wall that goes around the front of my house. But, there is a pillar that was knocked down, I am waiting for it to get fixed, so, I could put up a steel gate. And, then to the right of that, there is a six foot wooden fence that goes around my property. And, then there is the, I do not know what you guys call, it is the vinyl fence that you see at the horse farms they have that but it also has metal wiring in front of it. So, all of my property is basically fenced in other than where the gate is. And, then there is a little piece that go meets down by the water that is not fenced in. Mr. Wall: Okay. Alright. Thank you. Ms. Oliver: Thank you very much. Mr. Perrin: Thank you, ma'am. Ms. Oliver: So, at this time we will close the hearing and open it up to the Commissioners. Mr. Horsley: You know, I have received a couple of calls on this and the first thing residential kennels, we have approved residential kennels in the residential areas in Ag areas forever. And, a lot of hunt clubs have dogs and have to get licensed, so, they had to have residential kennels. So, really didn't dawn on me much, I did not really think a lot about it until somebody said Rottweilers and I guess I am like he said, when you hear Rottweilers you got me eyes a little bit further than you think what was what. And, then as I got to talk to some of the people as they called someone were concerned and someone's concern had been addressed. And, the more I think about it is, if you have got somebody that has got four dogs and he did not have to have any conditions to be there whether they are Rottweilers or German Shepherds or whatever. I think you are probably better off if you allow to the kennel license where you know what facilities is going to be there and how they will be taken care of and whatever so. So, I guess I have kind of waffled my opinion of this to get to lean in favor of it because of that I think that the gentleman is shown that he is very concerned about what he is doing. I know people in show business was dogs or whatever animal there is a lot of people that love showing animals, and they are very concerned and they will go beyond the expectation that you think they would to make sure the animals are 9 cared for right and had the right facilities. So, with that being said I will let you know that I am going to be in support of the application and I would see if it was any of those more stipulations we could put there that would make it any more secure, but I think I have looked over the conditions and all they are pretty secure and listening what the gentleman is saying about how he is going to secure his property and the building that he will be building, then I will be in favor of the motion. So, whenever people are finished I will make a motion. Ms. Oliver: Thank you, Don. Yes, Robin. Ms. Klein: I pulled up the house on Zillow, it is beautiful by the way, it looks like the horse fencing that he is discussing is only about yay high, so it can be jumped over by a dog. I would feel more comfortable if there was more concrete fencing, but I do intend to vote in favor of the property. Ms. Oliver: Okay. Mr. Perrin, do you mind stepping up, please. Thank you. Mr. Perrin: Yes, Madam. Ms. Oliver: So, can you speak to the fence that Commissioner Klein is referring to. Mr. Perrin: I think the fence is about this high. I tried to go over it. Ms. Klein: But it is open right, like. Mr. Perrin: It is, so, what they do is they take fence like chicken wire fence I do not know if that is the correct term. It is the wire fence, it is a heavier gauge and what they do is they go over the front of the fence with it. Ms. Klein : Okay. Mr. Perrin: You cannot see it, so, a dog cannot go through it. Ms. Klein: Okay. Mr. Perrin: That is basically on half the property right now. Ms. Klein: Okay. Mr. Perrin: Because my other neighbor has goats and chickens. And, so, they do not go through there, my dogs do not go through that. The other half that is what I planned on doing, I just did not want to really do anything until I knew where I stood with the Board. But, I do not have a problem with ensuring my neighbor safety and concerns. 10 Ms. Klein: So, it is a slotted fence but there is chicken wire, so, the dogs cannot run thought it. Mr. Perrin: Yes, Ma'am. It is like a heavy gauge you really cannot see it, I did not even realize until I got close to it. Ms. Klein: Okay. Mr. Perrin: And, I think the holes are maybe two by three inches. Ms. Klein: No. I know what you are talking about. Yeah, that makes sense. Mr. Perrin: But, I have no problem with doing that securing it. Ms. Oliver: Perfect, thank you very much. Mr. Perrin: Thank you, Madam. Ms. Oliver : Anybody else? We have a motion? Mr. Horsley: I am ready to make a motion we approve the application with the conditions as stated. Mr. Redmond: Second. Ms. Oliver: I have the second by Commissioner Redmond. We will call for the question please? Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. 11 Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright : Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: I abstain, as I was out of the room when discussion was held. Ms. Cartwright: We have Mr. Barnes absent, Mr. Coston absent, and by recorded vote of eight to zero agenda item number 5, has been approved with one abstention. AYE 8 NAY 0 ABS 1 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman ABSTAIN Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. There shall be no more than thirteen (13) adult dogs kept on the property at any time. 2. The dog kennel structure shall be constructed to be soundproofed and air- conditioned. 3. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 12 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 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. 13 Louis James Perrin Jr. 56 Baker Pond Road Dudley, MA 01571 (508) 579-1585 jouisj.perrin@gmail.com July 23,2020 Dear Members of the Planning Board,Virginia Beach,VA, I am respectfully submitting a conditional permit for a residential kennel license to be located at 2121 Munden Point,Virginia Beach,VA. My wife and I are retired veterans relocating from Massachusetts to Virginia Beach. My reason for the request is due to the Virginia Beach town by law limiting residences to four dogs per home. The residential kennel requested will be solely for our personal use. We will not be boarding other dogs or adding any additional parking to the premises. Please see attached application with my projected residential kennel plans. I have no intentions of expanding the projected kennel in the future. I would also like to share some photos of my existing kennel in Massachusetts in hopes of providing the board members a visual of the quality of kennel I provide for my dogs. Lastly, I am Including several character reference letters from neighbors,employers and friends from Massachusetts. I have also made time to meet some of the neighbors at 2121 Munden Point and have included letters from them as well. Sincere thanks in advance for your consideration of my request for a residential dog kennel. Sincerely, ouis James Perrin Jr. I, c , residing at 30 6 ! molt t P . f j \+ \y f ,have met and spoke with Mr. Louis Perrin Jr. about his desire to build a residential dog kennel at his newly purchased home located at 2121 Munden Point,Virginia Beach, VA. Mr. Perrin currently owns a residential kennel in Dudley, Massachusetts and would like to continue his hobby in Virginia Beach. He is a retired, disabled veteran who enjoys raising rottweilers.His dogs are healthy purebreds who participate in dog shows and are occasionally bred. He assured me that his kennel would be secured and enclosed at all times and that if any issues were to arise,he would address it promptly. I am comfortable with Mr. Perrin's plans to build his dog kennel at 2121 Munden Point, and I have no concerns at this time. i afore 7 x" Date I, el A ' Cap 5D 1 ,residing at 2 Z o M u N 0E ''o'It ,have met and spoke with Mr. Louis Perrin Jr. about his desire to build a residential dog kennel at his newly purchased home located at 2121 Munden Point, Virginia Beach,VA. Mr. Perrin currently owns a residential kennel in Dudley, Massachusetts and would like to continue his hobby in Virginia Beach. He is a retired, disabled veteran who enjoys raising rottweilers. His dogs are healthy purebreds who participate in dog shows and are occasionally bred. He assured me that his kennel would be secured and enclosed at all times and that if any issues were to arise,he would address it promptly. I am comfortable with Mr. Perrin's plans to build his dog kennel at 2121 Munden Point, and I have no concerns at this time. t757 ) 7v�� O2gCo Signature c) �V�-y 2Z o Date Joseph Ashe 191 Ramshorn Rd. Dudley MA.01571 To Whom it may Concern: I am writing this letter on behalf of Mr. Louis Perrin. Mr. Perrin or Lou as I know him, has been my neighbor behind me for over five years,and in that time he has been very respectful of my privacy.The vast majority of time the neighborhood is very quiet, and all residents strive for that tranquility. Lou is part of that group and does his part. Mr. Perrin is a self- motivated man,and it is clearly showcased by his life. He honorably served with the United States Marine Corps, and this service had caused him to be injured, but that has not stopped his resolve to build a life for himself as well as his family. Additionally he has a number of properties in the area,and I have never heard one complaint. In fact a co-worker of mine lives in one of his apartments, and told the story of how well he had been treated by Lou. He is now approaching 70 years old and still lives in the same apartment, a clear testament to his fair treatment. While it is true that Mr. Perrin breeds, raises and trains champion Rottweilers, the dogs he raises are hardly a nuisance. In fact they only bark when there is an unusual sound in the area, or of course,feeding time or play/training time,the same any dog would. He treats his dogs well, which is evidenced by the beautiful, large home he has built for his dogs. I thought that these dogs would be an issue but I am pleasantly surprised that they aren't. I am a 26 year law enforcement veteran in a medium sized city, and as such I value my privacy in my life outside of work, and Lou allows that tranquility. I believe anyone would feel the same. I would recommend him to any area to be the neighbor you would desire to live near. I can be reached at sephashe26tcbgmaiH.cG or at 774-232-0780 if you would like to discuss further or have any other questions. Sincerely, Joseph F.Ashe MASSACHUSETTS STONE COMPANY P.O.BOX 276 BRRLIN,MA 01503 Telephone: (978)838-9999 Fax: (978)838-9916 CRUSHED STONE BITUMINOUS CONCRETE 7/22/2020 To Whom it may concern, My name is Drew Forrest and I am the Vice President of Massachusetts Broken Stone Company. I have known Lou Perrin for nearly ten years, both professionally and personally; as a customer,an employee, and a friend. Lou takes a tremendous amount of pride in everything he does. He values god,country,family, friends, and his dogs. Lou has always gone the extra mile,to make sure that things are done right. He has never cut corners or looked for the easy fix. Professionally he would take his own personal time after hours or on weekends to make sure his customer's needs were met. Personally,taking time to help me prep my house for sale, paint,move,and never ask for anything in return. I have seen the attention to detail Lou has put in to his dog's kennel,training,and care, and this is a perfect example of how Lou approaches all aspects of his life. Doing thing's the right way. He is a truly good person,who will always do what is right. The world needs more Lou Perrin. Sincerely, Drew Forrest Massachusetts Broken Stone Company drew@massbroken.com bankHometown bankhometown.com 1888.307.5887 109 Elm Street Millbury, MA 01527 July 21, 2020 Virginia Beach Planning Board 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 Re: Louis and Maria Perrin Dear Sir or Madam; I am the Executive Vice President, Senior Lending Officer for BankHometown, a local Community Bank located in Central Massachusetts. I have known Mr. & Mrs. Perrin for nearly 15 years being there Commercial Loan Officer at BankHometown. Over the 15 years, I have financed numerous commercial projects for the Perrins and there numerous businesses. The Perrins are considered professional business operators, re-investing into their commercial properties and businesses and always meeting all loan requirements and expectations. Specifically as it relates to the breeding of canines, the Perrin's current business and kennel are highly regarded as professional, clean and humane. The Perrin's are very passionate about their business and the canines and they maintain them to the highest standards. Should you have any questions regarding the Perrin's or the Perrin's business relationship with BankHometown, please feel free to call me directly at 508-277-1932 or email me directly at mmahlert@bankhometown.com. Sincerely, A ( ./ 01-4 Michael P. Mahlert Executive Vice President Senior Lending Officer BankHometown MA Locations:Athol,Auburn,Lancaster,Leominster,Millbury, Oxford,Sturbridge,Webster,Worcester 1 Member FDIC CT Locations:Brooklyn,Killingly,Putnam,Thompson,Woodstock Lti+o K Member SIF `.' Grey Ghost Auctions & Appraisals r - i Is _- ► P.O. Box 1232 r Webster, MA, 01570 - na0 1 Paul M. Joseph, CAI, GPPA Licensed Auctioneer, Certified PROFESStONALAUCTION&� Appraiser APPRAISAL SERVICES Dear Sir/Madam, As a former university dean, six-term Town Selectman, and a current business owner, I have written numerous letters of recommendation. None were as easy as this one for Lou Perrin. I have known Lou since his days as a U.S. Marine recruiter, and now as a member of the Town's Planning Board. He is as honest as the day is long. His moral code is impeccable. And he is motivated by helping others-[without exception. Perhaps the most meaningful I can say about Lou is that I consider him a trusted friend, and I cherish that friendship. I would be honored to provide any additional information if needed. S i nyje re-ly , Paul M. oseph, CAI, GPPA 508-341-8077 cff NAA GPPA �®--4 08/19/2020 To Whom it may concern, I have had the pleasure of working with Lou Perrin and Von Perrin Rottweilers this last year. I have been able to visit Lou's house and see his beautiful kennel with the dogs. His kennel is well maintained, and the dogs are able to have AC and heat when needed. I have been able to work with Lou with his Rottweilers on and off his property. His dogs are well trained and have such an excellent temperament. I was never worried about meeting his dogs. I have helped Lou with training with his dogs. I have taken the dogs to my own home, out on walks, to parks and stores. I cannot tell you how many compliments I have gotten about his dogs out in public. This sort of training helps the dogs to socialize and desensitize them to new things. People have said they cannot believe how nicely behaved they are. I have taken them for a weekend up to a few weeks at a time. They have slept with my daughter in bed as well as my own. They have gotten along without issues, with people and with my own dog. I have a 7-year-old daughter who loves the dogs just as much as I do. She plays and treats with them like they were her own. My daughter will also participate in some of the training. She has learned all the commands in German to continue the training. I was blown away with how well behaved his dogs are. Lou takes such pride in his kennel and the Rottweilers. I am so happy that I had the opportunity to work with him while he was in Massachusetts. I am extremely sad to see him leave. I am grateful that I had the opportunity to learn from Lou. I am happy to be able to call him a wonderful trainer and well as a friend. If you wish to speak with me further regarding Lou and Von Perrin Rottweilers, I would be more than happy to. I respect Lou Perrin and am extremely grateful to have had the opportunity to work with him as well as becoming a good friend. Yours truly, Carly Reynolds are 1 a ' i �i r - • ti ='' - - •ram S ,, -- i - ., ; is . It: •s I -144,4, Iasi 411 I. I. lir lc t ice'"' `' 7. .. "j �k fill To Whom It May Concern— My name is Robert Lawrence. I am writing this letter in opposition to the application that Lou Perrin of Von Perrin Rottweilers has submitted to own and operate a dog kennel at 2121 Munden Point Road. I have owned my home at 2097 Munden Point Road since 1992. All this time I have enjoyed a quiet and safe place to live and raise my children. Mr. Perrin's plans for kennels would change all of this. No longer would my wife feel safe walking our dog to the park. There will be a constant worry about the small children in the area and the children who ride their bikes up and down the road. There would also be a lot of noise and traffic that would happen at all times of the day. There are many other properties in the area that would be a better fit for the kennels. Munden Point is not the place. Thank you — Robert A Lawrence 757-297-0497 2092 Munden Point Road Virginia Beach,VA 23457 October 4,2020 Virginia Beach Planning Commission 2401 Courthouse Drive Virginia Beach,VA 23456 Dear Planning Commission Members: As a 35-year resident of Virginia Beach and property owner at 2092 Munden Point Road,I am writing to state my opposition to a Conditional Use Permit located at 2121 Munden Point Road.The Commission hearing is scheduled to meet Wednesday, October 14 at noon. First of all,as a Munden Point resident,it came as quite a surprise to me,my family, friends,and neighbors to learn of the proposed thirteen-dog residential kennel at 2121 Munden Point Road.The proposed kennel would be located right on the shore of the North Landing River in a small residential neighborhood of approximately 85 households-families with young children,retirees,and elderly residents who have lived at Munden Point all their lives.I am shocked and somewhat suspicious as to the true purpose of a thirteen-dog residential kennel. It seems excessive for a personal residence. Currently the person requesting this Conditional Use Permit,Louis Perrin,owns mature German Rottweilers.It is documented on social media websites that Mr.Perrin owns a business in Dudley,Massachusetts where he breeds,sells,and trains Rottweilers to be guard and attack dogs. He conducts Rottweiler socialization and obedience training classes with large groups of people with their dogs and hires master dog trainers to lead the sessions.His dog breeding company Von Perrin Rottweilers advertisement reads: "Von Perrin Rottweilers is committed to breeding exceptional dogs with great pedigrees.Guests are welcome to tour our kennel facilities prior to purchasing a puppy.They have plenty of room to run and exercise.We are a family owned business committed to the successful transition of puppies into their new homes." Mr.Perrin states in his application for the Conditional Use Permit that he plans only to "train and donate"pedigree Rottweilers to Wounded Warriors from this Virginia Beach home.My late husband,David Oscar Booz,a US Air Force Special Operations veteran and past-president of the Kempsville Lions Club served as Chairperson for the club's Leader Dogs,Canine Companionship,and Guiding Eyes for the Blind projects.Yearly, he and his committee would select puppies that would receive scholarships from the Lions Club for their highly specialized service dog training with these organizations. None of these organizations would accept Rottweiler puppies for service dog training because this breed is considered aggressive and potentially dangerous.The Wounded Warriors Project states on their website that they are unable to use Rottweilers due insurance restrictions and state sanctions. Since Mr. Perrin will not be able to donate Rottweilers to service dog programs and he is legally limited to owning four dogs for showing,I believe further investigation and clarification is needed if Von Perrin Rottweilers breeding and dog training will be conducting business out of a thirteen-dog residential kennel at 2121 Munden Point Road.What would be the impact of potential customer traffic associated with those coming to a dead street to select a puppy,tour the dog training facility,attend socialization and obedience group training events,and board their dogs for training at this neighborhood residence? My primary concern with a prospective thirteen-dog kennel is a safety issue for residents of and visitors to Munden Point.Currently the perimeter of Mr. Perrin's property is not secure and in his application Mr.Perrin has not defined or identified a secure area on the property for the exercise,running,and training of these thirteen dogs.Recently one of Mr.Perrin's Rottweilers has been recorded by home surveillance cameras of roaming the neighborhood and acting aggressively.I fear for myself walking the neighborhood and my own beloved pet,Oreo,an eight-pound toy poodle who could easily become prey for an eighty-plus pound Rottweiler. Virginia Beach has just completed protective restorations to Munden Point Park's historic steamship channels from advancing river waters.As a daily visitor and patron to the park this much needed improvement has increased the beauty and attracted additional attendance to the park.Many families with children,pet owners,and elderly adults walk the park's trails and use the shelters.Would our City leadership wish to risk the possibility of even one of thirteen full-grown Rottweilers trained to guard and attack,running loose and misguidedly wandering onto the City's public park lands? Another issue that also does not seem to be adequately considered in the Conditional Use Permit application is the noise when dogs are in the outdoor pen or training area. With a residential kennel that will house thirteen dogs brings the possibility of an excessive amount of dog barking,whining,and growling.Currently in our small cul-de- sac area whenever a vehicle or pedestrian passes by the Perrin property the Rottweilers aggressively bark and can be heard by neighbors even when the dogs are inside the house.That is the animals'nature as they are trained to react to possible intruders loudly and fiercely. Finally,what is the environmental impact of a thirteen-dog residential kennel sitting along the Southern watershed shores of the North Landing River?The requested kennel would sit on land in the North Landing River Flood Plain.The back of my property at 2092 Munden point Road,three houses away from the river's edge,floods with 6-8 inches of water in a heavy rain with southerly winds.What would happen to dogs and their puppies locked in these kennels on the very edge of the North Landing River do during a major storm?Plus,please consider how a concrete kennel slab of 760 square feet would remove the ability for soil to absorb excess rainwater and southern winds will push rising water further into the Munden Point neighborhood.Then there is the waste produced by thirteen large dogs.Will this waste be collected and deposed of properly or just rinsed off the concrete slab into the North Landing River?In addition, the pen fencing and 440 square foot outbuilding will obscure the water view for some neighbors and hinder the picturesque view of Munden Point from the water.We,as informed citizens,need to think long-term when it comes to sea-level rise and re-think building on the edge of an already fragile river ecosystem.This Planning Commission should consult with engineers who reinforced the steamship channels along the river at Munden Point Park. It should also be noted that the house located at 2121 Munden Point Road was surveyed by the Virginia Department of Historic Resources(VDHR-134-0175)in January 1993 for the National Register of Historic Places.The property was listed as a resource within the historic context of the growth and development of the City of Virginia Beach based on its age and connection to the 19th-century Southern Railroad which terminated at Munden Point.I believe further investigation into the historic significance of this property and placement of any outbuilding on the property should be considered before moving forward with a Conditional Use Permit hearing. This Conditional Use Permit seems in direct conflict with Virginia Beach's own environmental mission statement"...dedicated to preserving our natural environment, both to improve the quality of life for our residents today and for the benefit of future generations."As a concerned Munden Point resident,I am curious to know how the Planning Commission can reconcile such an incomplete application in these troublesome areas I have noted. Should all of these concerns not be fully vetted and explained to neighborhood residents and trustful patrons of Virginia Beach's Munden Point Park before a hearing for this Conditional Use Permit?It makes me sad that the one lone red sign in front of 2121 Munden Point Road,on a dead-end street,which now leans over didn't reach everyone who will be touched and impacted by this Commission's decision about a placing a thirteen-dog residential kennel in a lovely,historic Virginia Beach neighborhood and shout a dire need to help save Munden Point from this happening! Sincerely yours, Marie Katherine Booz 757.409.3112 mariekbooz@gmail.com II lir I I -go I I I / i i jure o i 0 I p ° r RU.5 0 tRIM a o �Li N r le91111111111111 '''' ill o R7.5 �' ��' 7�5 w co au R7:5 Z r:)0 , /12 I , 4 Ili IIE El 1.1111 1"111111111 A 1 __,/ -N ‘rioN 1 Q 1 / I oak i::, , _ _I :111 FIN Site GG Property Management, LLC W>01' ,: Property_Polygons 713 Northgate Court vW s Zoning Parking Lot Drive Aisle Feet 1 I _ .. .. 0 15 30 60 90 120 150 180 C yy��`,''NLA6P,1C� �{`r�/��yy�j7 �i, w.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GG PROPERTY MANAGEMENT, LLC [APPLICANT] REDELL LANE [PROPERTY OWNER] Conditional Use Permit (Short Term Rental) for the property located at 713 Northgate Court (GPIN 1486855371). COUNCIL DISTRICT — ROSE HALL MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 7,350 square-foot parcel zoned R-7.5 Residential District. The subject site is within the community of Princess Anne Plaza, which was created by plat in the 1960's and 1970's. This subdivision primarily consists of single-family dwellings; however, there are a limited number of townhomes and apartments. The lot consists of one single-family dwelling containing five bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or five spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a five-bedroom Short Term Rental is 15; however, at the time of this writing, the applicant accepted the 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 applicant's parking plan depicts three of the five required parking spaces within the existing concrete driveway. It is the intent of the applicant to create two supplementary concrete parking spaces with an addition to the existing driveway. Thus, all five required parking spaces will be within the applicant's concrete driveway and driveway apron. Two of the required parking spaces, illustrated on the parking plan, are shown partially encroaching into the City right-of-way by approximately three feet. Pedestrian flow will not be impacted as there is no City sidewalk located in this portion of Northgate Court. Based on this, the Zoning Administrator approved the proposed parking configuration in accordance with Section 241 .2(1) of the City Zoning Ordinance. A condition is recommended by Staff that requires the placement of the driveway addition within 60-days of a favorable vote by City Council. Additionally, in Staff's view the remaining requirements of Section 241.2 of the CZO pertaining to Short Term Rentals can be reasonably met by the applicant; however, the Planning Commission is not supportive of the request. This is despite the conditions reflecting City Council's requested Short Term Rental revisions by reducing the number of bookings in a GG Property Management, LLC Page 2 of 4 seven day period to one and limiting the overnight guest calculation to two per bedroom. At the Planning Commission public hearing, two citizens spoke in opposition of the request. In addition, there was a virtual speaker who experienced technical difficulties and was unable to provide their position. The two speakers noted concerns related to a change in the character of their residential neighborhood as a result of the property already being rented including excessive noise, on-street parking difficulties, and increased traffic and other activities. ■ Recommendation: On September 9, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 7-0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 713 Northgate Court, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, the existing concrete driveway shall be widened to no wider than 20-feet and must always be available to the Short Term Rental occupants leasing the unit. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use. 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). GG Property Management, LLC Page 3of4 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. GG Property Management, LLC Page 4 of 4 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 Denial. Submitting Department/Agency: Planning Department /'y City Manager: 0 Applicant: GG Property Management, LLC Agenda Item Property Owner: Redell Lane , 2020 Public Hearing: September 9 11 City Council Election District: Rose Hall 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation �' �� / , Jf r C4G6 ePnS Approval �1-14---L ' ti°` w4 6owC JPR 44, c4 ° £ a nOP.�toyy_ 1 leva`d v Staff Planner F'r d 4;, _ '--°ds,,,a„ta,,,,� Summer Peebles e Q eta'/ROOy nsma„r,a, \ ? \-r'•--. 11 ' "In • fi g ci g Location a Q a "°`'' a °rive , 713 Northgate Court , ti 3. m- I GPIN e Site Size ` g .colswit. 4 .<1.464(Ine ii... li a i d ° (2 7,347 square feet \ 3 0 i p \--(1101k —kc % Existing Land Use and Zoning District . � \ � Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-7.5 Residential ' ., . South ,'. 0 _ arhya eD_v.. Single-family dwellings/ R-7.5 Residential - � ' � - East - = Northgate Court # .� Single-family dwellings/ R-7.5 Residential West _ — Single-family dwellings/ R-7.5 Residential r Iv L GG Property Management, LLC Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,347 square foot parcel is zoned R-7.5 Residential District. • City records indicate this single-family dwelling was constructed in 1965. • Staff inspected the site on July 16, 2020 to observe site conditions and take photographs for this report. It appears that utility lines are marked for future construction of a stormwater Capital Improvement Project. • 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 record of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant has agreed with City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity if t•!Qs* -7 11 4414. : ,ite `. I 11t $ rrr is riI� Aitar �jSri al#Nalaffinho' 111Fo. anlik,:#44 11111„,, - \ % 4 40: slap itmi.4•; -sirip-44.40 op c-wfr 4.4;474,23t V,. rope STATUS 6� 1 0 � !„ g•,� /44.0# • Approved o , yI- OUntlerReview'N. Denied Registered a J .w - O .0.k .e Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a five-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: 5 GG Property Management, LLC Agenda Item 13 Page 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 2 per bedroom): 10-as recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 5 • Number of parking spaces provided on-site:3* * 3 parking spaces are provide on-site and 2 parking spaces are partially in the right-of-way. NertbypteDrive ---- n QDC o 4� � © � /'� e o iI ( (' ,❑ II D ' as °G No Zoning History to Report II R-7.6 l ❑� C O i / R-7 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 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. Five off-street parking spaces are required for this five-bedroom home.There is an existing 9-foot by 33-foot driveway that is used for parking.Additional parking is accommodated on a concrete pad on the side of the dwelling that is connected to the driveway with gravel ground cover. It is the applicant's intention to widen the existing driveway apron to accommodate additional parking spaces. If this request is granted, a condition is recommended that requires the placement of the driveway addition and apron within 60-days of the City Council public hearing.There is a Capital Improvement Project for stormwater for Northgate Court; however, according to the Public Works project manager,the project will occur at the end of Northgate Court and is not expected to impact this property.The applicant has submitted an alternative parking plan that shows these proposed improvements including three on-site spaces,and two spaces partially within the right-of- way.As the two spaces within the right-of-way do not block vehicular or pedestrian traffic,the Zoning Administrator has deemed this plan acceptable. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Based on the factors above,Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a GG Property Management, LLC Agenda Item 13 Page 3 seven day period to one and limiting the overnight guest calculation to two per bedroom.The applicant is agreeable to these condition changes. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 713 Northgate Court, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the"Site Layout and Parking Plan"section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator,the existing concrete driveway shall be widened to no wider than 20-feet and must always be available to the Short Term Rental occupants leasing the unit.A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise),31-26,31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. GG Property Management, LLC Agenda Item 13 Page 4 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,August 23, 2020, and August 30, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 3, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020, and November 8,2020. • 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 November 2, 2020. GG Property Management, LLC Agenda Item 13 Page 5 • 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 November 13, 2020. GG Property Management, LLC Agenda Item 13 Page 6 Site Layout & Parking Plan NI:31. P 42 27 N1r4r2reIm.o 26 -Proposed Driveway 01 10, _ ,5 _ ,0.1' 04' 0 5' addition pn lFl 0 V 0.5' 4 5 wood — and5°drainape ferKe ut i y drainage I -,l« a�6�aed -Existing - ;�, concrete kne driveway o e % 1 F1VAC D2 Single-family : r °^ - es dwelling HV 02 - -- ------------ - i ; ,�; _ 42-vnyt - 2nd Door e • 0 1 fence n'+^D space � -14 feet from 20 3= 05 -• 7500So Feet - 4ta„Gyl property line to 0 0 0 1722 Acres o^tie ` street pavement Inn(F) 5 T • F. .. 2424., Northgale 5 12'42'23-W 75.00' PoloV Northgate Court GG Property Management, LLC Agenda Item 13 Page 7 Site Photos •a 5, «► • � . . . ._ to t } 4 gT }} k ,...may;,. .;.....;' < ., - i s'€ V _ All- „ei- :,kkm,tmu„m+��itn! it- GG Property Management, LLC Agenda Item 13 Page 8 Site Photos . `. ); 6 « r ^ire r ...EA illl m � . i a It..:' II e _ '`vtimork. L. oroi - (i. - ~ y Y t .- • A. GG Property Management, LLC Agenda Item 13 Page 9 Disclosure Statement a Cirginia Reach APPLICANT'S NAME eve( fo> AA/ L LC 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 1 Economic Development Nonconforming Use Compliance,Special 1 Investment Program Changes Exception for I (EDiP) i 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 'na; v liic eM2. !.' seloe ;es r r, :e:+pciate.+n:ro Ga s eks prig:.o nv Page 1 of 7 PIS:rRir9 Co7t{TI.ISSi::: n„i(AY(.oencit n:eefiM,f:,ii artittnt(n the amiic4io:;(>:. 13 APPLICANT NOTIFIED OF H.AR!NG 1 DATE 10-15-2020-SP a( NO CHANGES rs or DATE 11-05-2020-SP O REVIS2ONS SUBMV TFF) i Dh if Summer Peebles—11-05-2020—Sum Pee-Rem GG Property Management, LLC Agenda Item 13 Page 10 Disclosure Statement �r V[tgiaie Beech Check here if the APPLICANT IS NOT a corporation, partnership, firm, Chb siness,or other unincorporated organization. eck here if the APPLICANT iS a corporation, partnership, firm, business, or other unincorporated organization.l1 (A) List the Applicant's name:_�L"�_ 61 __r"1 ri'Q,1/11" l.L e— lf an LLC, list all member's names: C.erieSe t 4yys If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page far information pertaining to footnotes1 and 2 t SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. ll f ,`_ (A) List the Property Owner's name: 6eUe\ �_ l n —___— If an LLC, list the member's names: Page 2 of 7 GG Property Management, LLC Agenda Item 13 Page 11 Disclosure Statement 1irgiitfa Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 GG Property Management, LLC Agenda Item 13 Page 12 Disclosure Statement VB. APPLICANT Virginia YES I NOi i SERVICE _ PROVIDER(use additional sheets if needed) ❑ f Accounting and/or preparer of IJ your tax return ❑ n/ Architect/Landscape Architect/ ' ' Land Planner Contract Purchaser(if other than nw the Applicant)-identify purchaser and purchaser's service providers _ Any other pending or proposed ❑ Fr purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Er Consstt ❑ - -. — - ruction Contractors ❑ n Engineers/Surveyors/Agents Financing(include current ❑ ❑Z 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 GG Property Management, LLC Agenda Item 13 Page 13 Disclosure Statement VB Virginia Beach _ — s 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 Applicat on. idi\ aZe APPLICANT'S 51 TURE 6r--k _ PRINT NAME DATE? Page 5 of 7 GG Property Management, LLC Agenda Item 13 Page 14 Disclosure Statement OWNER Virginia Beach YES NO L SERVICE I PROVIDER one additional sheets if if needed! Accounting and/or preparer of your tax return r - Architect/Landscape Architect/ Land Planner �Contract Purchaser(if other than nI �l I the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property n (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Financing(Include current I I mortgage holders and lenders l�/I selected or being considered to provide financing for acquisition or construction of the property) • Legal Services eal Estate Brokers/ I Agents/Realtors for current and anticipated future sales of the subject ro erty 4—.. m SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO s 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 GG Property Management, LLC Agenda Item 13 Page 15 Disclosure Statement 1B Virginia Beach 1 CERTIFICATION: ti I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this I Application. .-W" h erl ell Lone, 9 , PROPER'," OWNER'S S CNATURE PRINT NAME DATE Page 7 of 7 GG Property Management, LLC Agenda Item 13 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. GG Property Management, LLC Agenda Item 13 Page 17 STR VICINITY MAP GG PROPERTY MANAGEMENT, LLC. — 713 NORTHGATE COURT 4 r 't*Ecd---(744 Mille G varld *liar ....41 ';-z ; r-: 0 7' -an dri y '-L'L- I I 171 .. Itipillp,' *Ai , D . ' _Ak � foe, . „I ,, I r r I 4-Pne-L--L-1-_, • Incia r nr-E-c, V , ` alai 71;ari e --71:- ' 4404p, ,.,.., • nub /4' /-:i i /:J ~ I l 1 - tFo '_ 0.1. 1 ' o �- . - 1-- ''' . . 0\\-# 4.44W4. — \ _� ,1---- I: 1 r4' --1714 -'' j, STATUS `'�'� /` rrr / SI- .h ` • An O . / 111 41Kt pip, %�Tf \ i� Denied - r ��,r,-ttI . A O Under r �• 1 �tl. __/(41--q ./ Registered . �I Items # 13. GG Property Management, LLC [Applicant] Redell Lane [Owner] Conditional Use Permit (Short Term Rental) 713 Northgate Court September 09, 2020 RECOMMENDED DENIAL- HEARD Mr. Landfair: Madam Chair, the next item is agenda item 13, GG Property Management, LLC. for a Conditional Use Permit request for Short-Term Rental at 713 North Gate Court in the Rose Hall District. The applicant's representative is Genese Rogers. Ms. Rogers, you have up to 10 minutes. Thank you. Ms. Rogers: Hello. Ms. Oliver: Hello. Ms. Rogers: My name is Genese Rogers, representative of GG Property Management. I have been managing Short-Term Rentals for approximately five years and I was assisting the owner in getting his property approved and to start the Short-Term Rental process. We have a different business model in terms of how we operate, dealing with Short-Term Rentals, most of our advertisements, what we generally try to do is get long-term guests in a sense of travel nurses. We have an insurance company that we work with if someone has damage to their home, it has water damage and they may need a short-term place to stay. But, sometimes we have vacancies, so, we open up the calendar to allow shorter stays less than 30 days. So, one of the reasons why we always seek to get the approvals and the permits and the proper registrations, so that if we do encounter vacancies, we have the option of doing that. So, adhering to the one per week isn't an issue for us because obviously our goal is to have longer-term stays. But, it just helps with the business model when you do have vacancies to allow shorter-term stays. I know there was a question or condition in regards to the parking. There is one parking space per bedroom and I guess the way the property sits, two of the spaces lie within a right of way. I know we were talking about doing that immediately to get that fixed, but then there was some conversations about work that was going on in the city, dealing with the storm drain and I know they dug out the front yard and they did a lot of stuff in the front of the property, so we initially held off on that. And then we were notified that now, the project will not affect the property. So, if approved, we 1 will move forward to extend the driveway. There is no sidewalk, so, even though the driveway sits in the right of way. There is no sidewalk that would be impeded on that. So, I think the other condition we also agree to, regarding the two guest per room, was down to two guests per bedroom versus three per bedroom. So, we are in agreement with that as well. Ms. Oliver: Great. Thank you. Do we have any questions for her? Yes, David. Mr. Weiner: It is not a question. I want to explain to you my opinion why we, I, pulled this off the Consent Agenda. We are trying to keep Short-Term Rentals out of neighborhoods. Okay, and I am glad you pointed out the fact that she likes to do more longer-term rentals, now that is really nice to hear. I like hearing that because we do not want to do 365-day rentals. Ms. Rogers: Right. Mr. Weiner: Inverse whole district, but like the way that you are doing this. So, I just want to explain that to you, that is, kind of we wanted to get your side of what was going on there and I like it. So, I am good with it. But, in the future, the way things are going, they are probably not going to be allowed if you are not near the Overlay District. Just to let you know for the future. Ms. Rogers: Okay. Mr. Weiner: Okay. Ms. Rogers: Would that be grandfathered in and or is that? Mr. Weiner: Either you are in the Overlay District I believe, so, we are still working on that, still work in progress. Ms. Rogers: Okay. Mr. Weiner: Okay. That is the point. That is why we pulled it off the Consent Agenda. Ms. Rogers: Okay. Mr. Wall: I do not have any questions for the applicant. Mr. Weiner: Okay. Ms. Oliver: No, that is great. Ms. Rogers: Okay, thank you. Ms. Oliver: Thank you very much. 2 Ms. Rogers: You are welcome. Mr. Landfair: Madam Chair, there are three speakers signed up to comment. Ms. Oliver: Okay. Mr. Landfair: The first speaker is Riddel Lane, followed by Andrew White. Mr. Lane, please pause for three seconds before stating your name for the record. [Speaker participating virtually and did not respond] Thank you. Next speaker is Andrew White. Mr. White: Hello, my name is Andrew White and I am a neighbor to this property. I lived on the court for about six years now and it is a court and ever since this property started to be used as a Short-Term Rental, basically our court has been turned into a regular street or thoroughfare. People going all hours of the day, all hours of the night, it is not a residential court anymore. It seems this property has been operating as a Short-Term Rental currently, there is been anywhere from six to seven cars parked in the driveway, the street. I have a couple pictures, but I doubt you better seeing yourself so far away. But, I would like to request that if this is going to be approved for Short-Term Rental, maybe we can keep it to one family every 30 days or a long-term rental. I would not be opposed to that, but the current model of it being a Short-Term Rental is, you know this is a residential neighborhood, it is not the Oceanfront. There is no attractions around it I think the amphitheater is 3.3 miles away. Town Center is 3.1 miles away. So, there is no attractions within the general vicinity of this area. So, I would like to keep it a long-term rental, a normal rental and that is all I have. Thank you. Mr. Alcaraz: I have a question. Ms. Oliver: Yes, go ahead. Mr. Alcaraz: Where do you live? Mr. White: I live at 705, Northgate Court, two houses down. Mr. Alcaraz: Left or right? Mr. White: It is two, if you look at the house is to the right. Mr. Alcaraz: Okay. Mr. White: So, it is the second house on the right of the court. So, they are passing the house every time they go in and out. 3 Mr. Alcaraz: I would like to see the pictures if they are available. Mr. White: Yeah. Ms. Oliver: Yeah, I loved to. Mr. White: There you go. Mr. Alcaraz: Just bring it into the front desk. Ms. Oliver: You can give them right to. Mr. Alcaraz: Thank you. Ms. Oliver: I have a question. Mr. White: Yes. Ms. Oliver : So, how long is this house been operating as a Short-Term Rental? Mr. White: Like I said, I have lived on the court for six years and it seems it is been probably started this summer, so we noticed something the houses for sale probably a year ago and then that is when we kind of noticed another neighbor and I that seems people are coming and going quite frequently, and I would say probably not residing there. I mow my neighbor's grass, he is elderly man, so talking to him, we kind of went all around the page of, why is this house having so much turnover? Why is there so many cars coming going? And, then another neighbor of mine pointed out that they found it on Airbnb. So, that is why it was operating. I guess it was operating as a Short- Term Rental, which then we saw the orange sign and they are asking for a conditional use to operate as a Short-Term Rental, which it seemed like is already operating as one. Ms. Oliver: And, repeat again about the parked cars. Mr. White: So, most of the time there is between 6, 7, and 8 parked cars. Either two on the street, four in the driveway, and I think the driveway, I guess they requested for a concrete addition, it looks like it is gravel now. Ms. Oliver: Right. Thank you, any other questions for the. Mr. Alcaraz: No I am good. Ms. Oliver: No. Okay. Mr. White: Thank you. 4 Mr. Redmond: I am sorry, I have got a question. Ms. Oliver: Yeah, go ahead. Mr. Redmond: How often would you say it is been rented? Mr. White: This summer has been busy. I would say constantly, probably. And, the thing is, it is different cars that is what I noticed most. It is not like you know you would see the same cars pulling in and out. It is different cars, probably on a weekly basis, and I would say once a week, maybe more. So, it seems like to me, if I am seeing different cars at a property, that means they are probably not living there, and they are always North Carolina plates, New Jersey plates, are not Virginia residents, which is not odd because we are a military town, but when you only seen this car there for two or three days at a time, or four or five days at a time, that is when I would assume it is already operating as a Short-Term Rental. Mr. Redmond: Thanks. Ms. Oliver: Thank you. Mr. White: Thank you. Mr. Wall: You want your photo back? Mr. Landfair: Madam Chair, the last speaker is Michael Wilson. Mr. Wilson, please state your name for the record. Mr. Wilson: My name is Michael Wilson, I work for public utilities. I am called out all the time to fix your water line for you. I live at 709, house right beside it on the right there. I am constantly woken up by noise and it is really making me mad. I come out all hours of the night, so, I mean I need my rest where I can make good decisions for my workers to keep them safe. If I do not get to sleep, I do not make good decisions, somebody might get hurt. The house has been rented out weekly time and time and time again. Music played loud. They are out back making a lot of noise, drinking and doing whatever they are here to be on vacation. I do not blame them for that. When I see the house rented out for a long-term twice, since I have been there. All the rest has been weekly, three days, skip three days a week and that is it. My car has been hit by the renters there. I did not think they were going to tell me about it until my wife pointed it out to me. And, I went out there and looked at it. And, I called the owner up that owned the property and he called the people up and then they came out and talked to me. I think they were just going to pack up and leave and my car is going to be 5 hit and me trying to find out who did it. I really do not get my sleep here lately. So, I like to have the place to ban and the family moved in. It is a residential area I bought it for that reason. To have peace and quiet with my neighbors and, that is why I want it back to; it is just that way. Ms. Oliver: Thank you, Mr. Wilson. Does anybody have any questions for Mr. Wilson? Mr. Weiner: I do. Ms. Oliver: Mr. Weiner. Mr. Weiner: So, you contacted the owner about your car being hit? Have you contacted him about, I think you know the owner. Mr. Wilson: Yeah, I got it resolved. Like I said, I called the owner and the people came outside. Well first, I went over there and knocked on the door and nobody answered the door. Mr. Weiner: Okay, my question is, have you contacted the owner about the noise and everything. Mr. Wilson: Yeah, I talked to the owner a couple times already and told him about the noise. They said they got rules in place, but without somebody there to enforce the rules, if I was out on vacation I mean, just like you would be on vacation. Mr. Weiner: But, there is ways you can get around that call the nonemergency number, call for the 911. Mr. Wilson: Yeah, I have been called a couple times already. Mr. Weiner: You have done that. Okay. Mr. Wilson: Yeah. Ms. Oliver: Alright. Mr. Alcaraz: Mr. Wilson, I have got one. Have you ever talked with the representative of the house. Mr. Wilson: I talked to the owner of the house. Mr. Alcaraz: The representative is here locally. The applicant that was just up front. Mr. Wilson : No. 6 Mr. Alcaraz: I am just asking him, sorry. I just need to know if you have had any contact or if you had a complaint and if that representative was in touch. Ms. Oliver: Was answering back. Mr. Alcaraz: Yes, thank you. Mr. Wilson: Yeah. Ms. Oliver: Thank you, Mr. Wilson. Mr. Wilson: You are welcome. Mr. Landfair: Madam Chair, there are no more speakers. Mr. Weiner: Have we known that this has been operating as a short-term without a Conditional Use Permit. Mr. Tajan: Based on the information from our website, they have rented within the last 30 days and it appears to have been operating since June. Ms. Oliver: And, did you all know about the 311 calls from Mr. Wilson? Mr. Tajan: No. So, one of the disconnects with 311 is that they get called in as noise complaints and not necessarily someone saying that they think there is something a use that is not being followed. So, more than likely during that time when we have asked 311 , now whenever there is a noise complaint, just send it to us, so, we can look at them all, just to see if there is a use violation, but there was a window where if it was just a noise complaint they would just check and handle it on the 311 side. Ms. Oliver : And, obviously it has not been responded to though. Yes, Mr. Alcaraz Mr. Alcaraz: I s the applicant paying the transient taxes? Are they registered basically with the City? Mr. Tajan: One second sir. Mr. Wilson: It says that they are registered. They are on the Commissioner of Revenue's Registered List. Ms. Oliver: And, do we ever get an answer on that? Remember the other, I guess it was the Tuesday night we were there so long and it was that question of whether they register with the Commissioner, and then they get to start, or do they register and they have to wait for the CUP? I mean, did we ever get a definitive answer? 7 Mr. Tajan: They are not supposed to operate until they get the Conditional Use Permit Ms. Oliver: Okay, well then that is my answer. Okay. Alright. Would you like to come back up, ma'am. Ms. Rogers: So, I was engaged to start assisting with managing this property about two or three months ago when we started the application process. And, I was notified they did tell me that they were operating. And, I told them, based on the City of Virginia Beach laws, we would need to take that down and go through the official process. So, my understanding is that, if the calendar is completely blocked, there is no current reservations right now and that we were waiting to get the approval to start. So, as the property manager, I will be basically handling everything. So, anything that happened prior to that, honestly I do not have any knowledge of. I was started the entire process of getting them on the right track. I introduced them to the business model of utilizing travel nurses, as well as the insurance companies that I have connections with to do longer short-term stays versus your two or three day stays because this is a more sustainable business model. Ms. Oliver: And, when did you come on board with this house? Ms. Rogers: It had to be in May or June is when we started the application. I can look at the date of the application because I think I submitted it like maybe twice. Ms. Oliver: So, they hired you, I guess the owner of the house hired you in May, June? Ms. Rogers: Right, you are correct. Ms. Oliver: And, they have not been running since May or June? Ms. Rogers: Well, I do not know. To be honest, I do not know. What I do know is that it was listed and I told them that we needed to get it off. That much I do know, so, that may be the instances that they are speaking of. I do not know how far back it was. Ms. Oliver: Thank you. Ms. Rogers: You are welcome. Mr. Wall: I do have an additional question. Ms. Oliver: Yes. Mr. Wall: Can the Staff put up the parking, I just want to get some clarity on the... Oh yeah, I am not sold on this application. But, at least in this part, let me get 8 some clarification. So, the red area is going to be paved. Is that driveway addition there already gravel, do you know? Is it the plan to pave that red area, is that the goal? Ms. Rogers: Yeah, that is the plan to have that paved. Mr. Wall: Can somebody on Staff take a look at that because we had a similar application, not as very similar, but one where they kind of paved it all the way up to the right-of-way near Brandon Middle School and, so, I think that this would be similar in that they would need the angle and there is only a certain amount of driveway width that is allowed in the front edge for access to the right of way, and then beyond that, it has to be angled, I think 13, I am not sure what the angle is. But, I think that the way that it is shown currently is not in compliance with the city. Mr. Tajan: Mr. Wall. One of the conditions states that they will have to get a driveway permit to appropriately install a driveway that meets the criteria, they would have to install, they are permitted to have, correct me if I'm wrong Planning staff, a 20-foot wide entrance onto the right of way. Right now it is a one car entrance as you can see by that red part not legally existing. So, they would have enough room to add, legally, the additional driveway. Mr. Wall: Okay, so they could add 20-feet. Mr. Tajan: Correct. Mr. Wall: Okay. Alright. Ms. Oliver: Okay. Any more questions? Mr. Weiner: Yeah, I got to ask one. Ms. Oliver: Yeah, go ahead. Mr. Weiner: So, when you came on board in May or June, since they have only just started paying taxes in June, did you get them go to the City to register? How did that happened? Ms. Rogers: Yeah, because I actually registered through my company. Mr. Weiner: Okay. Ms. Rogers: Yeah. Mr. Weiner: Okay. 9 Ms. Oliver: Good. Thank you. Mr. Wilson, could you come back up, one second please? I have a question for you. Mr. Wilson: Yes, ma'am. Ms. Oliver: Tell me again how often this house is rented. Mr. Wilson: This house, she took over I have been reading, almost every week. This week, I had seen nobody there, last week there was somebody there. A week before I think it was and I know that the middle of last month it was rented out because I remember the people out there arguing and the baby crying out back. Ms. Oliver: And, it has been rented since, I think the other gentleman stated, since June or May. Mr. Wilson: It has been rented out since December last year. Unknown speaker: No, we noticed maybe January or February. Mr. Wilson: Yeah, about January or February last year had been rented out. And, like I said, there already was two people in there. A group of guys that were working out at the Navy base that rented it for three weeks. I think it was the company rented it for three weeks. And, there was a family over there, that was going back to Germany, I think. Ms. Oliver: Okay. Mr. Wilson: And, they rented it for a couple weeks. And, the rest been short time. Ms. Oliver: Okay. Thank you very much. Mr. Wilson: About the driveway there, right in between the houses there, there is a little area right there and they pull up in there and block part of my driveway too. The driveway right here. Ms. Oliver: Yes, sir. Mr. Wilson: There is green box that sits in the middle of the area right there, where that dark spot is. There is a box that sits there that belongs to Verizon. I do not think you're allowed to pave over that spot. Ms. Oliver: Got it. Thank you. Well, go ahead Jack. Mr. Wall: Can we keep the view up, so, they can actually cut that curve out right there and have a full access into their driveway. Is that correct? 10 Mr. Wilson: Yes. Mr. Wall: Yeah. This is actually for the city. Yes. Mr. Wilson: Okay. Ms. Oliver: Thank you. Mr. Tajan: As long as the radius, the driveway does not extend past the extension of the property line. So, the pole is about where the property line is, so, the radius of the driveway it cannot extend past that. So, in other words has to stop at that radius, so, the driveway flare can extend out past that extension of the property line. There is room for it according to the plan. Ms. Oliver: Thank you, Mr. Wilson. Mr. Wilson: Okay. Thank you. Ms. Oliver: Alright, we will close it up and open it up to the Commissioners for discussion and or motion. Yes sir, Mr. Wall. Mr. Wall: I will lead off. First of all this is not an area that you typically find a Short- Term Rental. Nonetheless, they appear to meet the requirements of the ordinance. However, their existing issues would appear to be in conflict with the residents that live on that on that street. So, I feel this is similar to others that we have denied. We looked at one, I think it was last week in Croatan, and it was like this is not in an area that typically has Short-Term Rentals. And, not only that, there were people that had great issues with it and here we have people that have spoken against it. So, I have a hard time supporting this application. Ms. Oliver: Yes, Dave. Mr. Redmond: I agree with Jack. First off, it is operating without a Conditional Use Permit; you never like to see that. But, it is not operating well and I do not know why we should recommend approval of something that clearly is not operating well. Ms. Oliver: Correct. Mr. Redmond: And, it is just that simple. I think we have kind of frankly belabored the point, I do not really see much to like about this application. So, it is my view Jack, if you want to make a motion I would be happy to back you up. Mr. Wall: Okay, I make a motion that we deny agenda item number 13. 11 Mr. Redmond: Second. Ms. Oliver: Okay. Anybody else? Alright, we will call for the question. Ms. Coleman: Okay. If you are in favor of the motion, say yes, and if you are opposed, say no. And this motion is to deny the application. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham, Mr. Horsley, Mr. Inman, and Ms. Klein are all absent. Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Wiener. Mr. Weiner: Yes. Ms. Coleman: And, Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: B y a recorded vote of seven for and zero against, agenda item 13 is hereby denied by the Planning Commission. Ms. Oliver: Okay. Thank you. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes AYE Coston AYE Graham ABSENT Horsley ABSENT Inman ABSENT 12 Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1 . The following conditions shall only apply to the dwelling unit addressed as 713 Northgate Court, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, the existing concrete driveway shall be widened to no wider than 20-feet and must always be available to the Short Term Rental occupants leasing the unit. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use. 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 13 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. 14 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. 15 (.......„.. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: SHELLY ARNOLD! [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3921 Whooping Crane Circle (GPIN 1580006354). COUNCIL DISTRICT — BAYSIDE MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 2,000 square-foot parcel zoned R-2.5 Residential District. This property is located within the Aeries on the Bay neighborhood, which was platted in 1983 and 1984. The community contains 211 townhomes and 29 single-family homes. The lot consists of one townhome dwelling unit within a row of four and contains two bedrooms, as per current City records. Initially, the applicant's request was for a three-bedroom Short Term Rental; however, the subject property cannot accommodate three off-street parking spaces, so a reduction in the number of bedrooms was officially granted through the City Assessor's Office. As a result of this change, the applicant agreed to a recommended condition disallowing the first floor family room for use as a bedroom when the home is rented or leased for Short Term Rental purposes. The minimum number of off-street parking spaces required for Short Term Rental use is one per bedroom, or two off-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. The applicant is agreeable with City Council's recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below. ■ Considerations: The subject lot contains a one car garage and a 38.6-foot long concrete driveway. While a common practice throughout the neighborhood, the second parking space in the driveway cannot be counted as a vehicle blocks pedestrian flow provided by the public sidewalk. As a result, the applicant's parking plan notes one vehicle parked in the garage and one 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, another condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241 .2 of the Zoning Ordinance Shelly Arnoldi Page 2of4 pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff report. Four letters of opposition and three letters of support were received by Staff(three of the letters of opposition were received on the day of Planning Commission). There were six speakers in opposition at the public hearing who voiced concerns relating to parking, noise, change of neighborhood character, and deed restrictions prohibiting Short Term Rental use. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 3921 Whooping Crane Circle, 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. As depicted on the floor plan found on page 8 of this report and titled, "Floor Plan," the first-floor "Family room" shall not be used as a bedroom when the home is utilized for short-term rental purposes. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner Shelly Arnoldi Page 3of4 or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. Shelly Arnoldi Page 4 of 4 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (3) Letters of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department �I� City Manager: Wc Applicant and Property Owner: Shelly Arnoldi Agenda Item Public Hearing: October 14, 2020 City Council Election District: Bayside 1 5 c,,,,,,, Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval leap Staff Planner '` William Miller LookOUt sa'dyea y0,• Location I". sti 3921 Whooping Crane Circle "y \ GPIN 04'S'� & �$ N. .a46 su 1580006354 44, "'Ry "c°o"R "` \! d° • Site Size L---� C�Ett, a �O ¢ o Shor e a N 2,092 square feet \ �'" % Marige by,,�! Existing Land Use and Zoning District Townhouse/ R-2.5 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts - North ' Townhouses/ R-2.5 Residential (Shore Drive Overlay) , . t. r South �,1. Townhouses/ R-2.5 Residential (Shore Drive >, .4. - ;-r-' _, a : Overlay) � o= East :. ' 4 k Whooping Crane Circle ,� ` Townhouses/ R-2.5 Residential (Shore Drive 1' ! ." '' Overlay) k ;. - '1y West ",' �4l ` 1 4 g r WI- , I tom , Townhouses/ R-2.5 Residential (Shore Drive ` ,, .' -.- e� s' r.. Overlay) • .wa, , 5� . . v ry Shelly Arnoldi Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,092 square foot lot is located within the R-2.5 Residential District(Shore Drive Overlay). • There is only one townhouse located on this lot; however, there are four townhouses on this row. • According to City records, this dwelling was constructed in 1985. • Staff inspected the site on July 10, 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. On-street parking is somewhat limited in this block due to the number of homes and the accompanying driveway aprons. • On October 15, 2019, in advance of the Conditional Use Permit application submittal, the Zoning Office received a letter of opposition from the president of the Aeries on the Bay Civic League.This letter outlined multiple reasons for the objection; however, much of it focused on neighborhood deed restrictions,which are claimed to prohibit Short Term Rental use in the neighborhood. • On March 17, 2020,the Zoning Office received a general complaint regarding Short Term Rental use occurring at the subject address.The complaint focused on the use of the property as a Short Term Rental without proper City approval.As a result, a notice was mailed from the Planning Department to the property owner explaining the need for the Conditional Use Permit and proper registration requirements. • On May 20, 2020,the Planning Department received a Short Term Rental Conditional Use Permit application for the subject address. • Initially,this application was submitted as a three-bedroom townhouse; however,the submitted parking plan was not approved because one of the three required parking spaces was partially blocking an existing City sidewalk. Consequently,the applicant contacted the City Assessor's Office to discuss reducing the bedroom count from three to two. • On July 22, 2020,the applicant submitted confirmation that the City Assessor's Office reduced the bedroom count from three to two. In addition,the applicant submitted a floor plan of the home indicating a change in use for the first floor bedroom, now described as a family room.As a result of this change,the applicant agreed to a recommended condition disallowing the first floor family room for use as a bedroom when the home is rented or leased for Short Term Rental purposes (please see recommended condition#4). • The applicant agreed to City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Shelly Arnoldi Agenda Item 15 Page 2 Short Term Rentals in the Vicinity T ...t0:477.7 -trfl- Pith ..._ 41-"‘ // /4--AI ---.._ - # -witirrft. 04v, isi4: 4.6,trai tr.T.4.44. itt,' goiv:10, 0 1S Wit . ® b of ,�� . STATUS ill 1. ' '-4 • Denied p 74100 .• ." O Under Rev.ew+J ♦ •ail O Registered ♦ , Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 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#17 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 (1 in the garage and 1 in the driveway) Shelly Arnoldi Agenda Item 15 Page 3 , 4c -�9 mks 'ái �c• 671 ft 1 .,• rs+ No Zoning History to Report • / 41. fur% gip 0 RA le ,4.40 1101 • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the neighborhood of Aeries on the Bay, which was platted in two phases in 1983/84 and contains 211 townhomes and 29 single-family homes (240 in all).The subdivision is bordered by the neighborhoods of Pelican Dunes and Baylake Pines to the south and west, while also abutting the public beach of the Chesapeake Bay and Whispering Oaks Condominiums to the north and east. The subject lot contains a one-car garage and a 38.6-foot long concrete driveway; however, due to the exitance of a public sidewalk, the driveway can only accommodate one 9-foot x 18-foot parking space. As a result, the applicant's parking plan notes one vehicle parked in the garage and one in the driveway. As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3921 Whooping Crane Circle, 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. Shelly Arnoldi Agenda Item 15 Page 4 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. As depicted on the floor plan found on page 8 of this report and titled, "Floor Plan,"the first-floor"Family room" shall not be used as a bedroom when the home is utilized for short-term rental purposes. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Shelly Arnoldi Agenda Item 15 Page 5 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three letters of support and one letter of opposition have been received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, September 27, 2020, and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020, and November 8, 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 November 2, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 13, 2020. Shelly Arnoldi Agenda Item 15 Page 6 Site Layout & Parking Plan • LOT 69 2' PEDESTRIAN EASEMENT 2,226 SQ.FT. (M.B. 176, PG. 26) ZO F, N Ki M 9' x18' r)x x x t parking space ,-..,-. [1 9' x 18' 1- - \ C31.-_, LA 5 parking space a. L% y� , / I ••• 119/ in the garage in r_ d'N O O m 6. r•r AC ON r• r `- V LOWER DECK r r- 3-STORY FRAME # c w� 71 § W W o 8 lob o - O ** 1 84 N ir)in r-- co CO Or to cn �� 28' 1 Existing Live Oak Tree W in Pr • z r � M N 20.00'er • . .1 10.6, :Eity-Sidewa I WHOOPING CRANE CIRCLE (50' R/W) Shelly Arnoldi Agenda Item 15 Page 7 Floor Plan ri- - .— _ .. , CK ..> . , It WI MIIILVINOON .---, —- Minn* LIVING _.. -1 I . . , I DE I , trio x in fl_ i • t • _ I I DINING i1.4w I _ In x 81 — , 1 —IN : 1 _ GARAGE 'mire 1 ---T .. ' 11. . 1 ' lia , . I — — EAT IN KITCHEN — le IC r 5.8 1 ._. -__ LIVI NIG AREA -- .556 s,n -•—- • 1st Floor 2nd Floor • .4). BEDROOM MO*iti ITH__ i .• t 1 . I t , v Thlt'4 _ I 1------• I ' 7"------0 3rd Floor Shelly Arnoldi Agenda Item 15 Page 8 ...,, ._. . . - . .. •- .. It\OR. -* d INF ix, --,--4.-_,•-•'' n.:"` it"''. r : -----,. :velt* '''-- ooit. ,,,` )____— - - ,,-,e• 1 .-- `-er: --'- s I_ la ,, ' ,:.*:-.(..t., '• .4,- - 41111 ..- , , - 4 J it • ' ''j li' - ... .. - i. it-- — 4 . 4 4-- • .. _:-... .. •a ,f. --- ti, irPr7.1.-, . lie _ . ,.. ci........amm..., , _ _ - . . . _ . ...- .-- ......- -- - ---; - ....-- . . ,.., , ar - 3921 Whooping Crane Court . • ,•iN:',4134iftc, V.:44k, • .k- - ....-e• ,•'" , ., ., „ ... '..'•••"%ow , , . •••• --...t•, •' .,: ----- I ,z..-1_.--... L, • - ...,:oeJ ',*-...L.: ' ',.. semi •--, - 0 ....14-% v - : : • ---- • * ,.,„ 4 4 - L _ ..i 9 1,4 1 . _ •... - I r — tona......srp' _...... _ ,--••=,, _,-.., ,- ,r_ ,,,, Ara ,._...4;.z._ ,, hk-.7--' .„16._ ....x.•••- 1 'a — ...,,,..,_ .:-. 3921 Whooping Crane Court Shelly Arnoldi Agenda Item 15 Page 9 Site Photos 111 '4 f tl�y �Jtlyp y{ •TD"{ ) _ •��n ...r� ��'..3.'.4., —� .r am �'5 5' 2 �, .;e _ .. '21 T oa'• ng Crane Court ' t ; . y'. rf! :. :. • 'x: i t IW s Y4. RR' / `J • ,, .€ _ .... . C , �,. t. i. - Whooping Crane Court Shelly Arnoldi Agenda Item 15 Page 10 Site Photos Y� rya t3A' �l ,, r _ e fr to r�� f I'415\ ✓, Shelly Arnoldi Agenda Item 15 Page 11 Disclosure Statement .\13 Virginia Beach APPLICANT'S NAME Shelly Arnoldi 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 I Page 1 of 5 Piannin Commission and Cit• Council meetin that ertains to the a plication(s) O APPLICANT NOTIFIED OF HEARING DATL: 10.16.2020 I. WM 133/ NO CHANGES AS OF DATE: 11.04.2020 WM REVISIONS SUBMITTED DATE: Will Miller-11.04.2020—WU!,a.n't'Maier Shelly Arnoldi Agenda Item 15 Page 12 Disclosure Statement 1/13 Virginia Beach X 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:Shelly_Amoldi 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. X Check here if the PROPERTY OWNER lS 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:Shelly Arnoldi If an LLC, list the member's names: Page 2 of 5 Shelly Arnoldi Agenda Item 15 Page 13 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 (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Shelly Arnoldi Agenda Item 15 Page 14 Disclosure Statement 1/113 APPLICANT / OWNER Virginia Beach YES NO L SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return I I Architect/Landscape Architect/ ' I Land Planner U ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ I7 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) - nN Construction Contractors Engineers/Surveyors/Agents Hoggard/Eure and Associates Financing(include current US Bank Mortgage 7 El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 14 Legal Services - Real Estate Brokers/ ZAgents/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 ❑ z an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Shelly Arnoldi Agenda Item 15 Page 15 Disclosure Statement \fi3 ti trginia 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 foi 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 Applicat n. Aci0t 51GNA7URF PRINT NAME' �(2L ATE p r!' Applicant/Owner Page 5 of 5 Shelly Arnoldi Agenda Item 15 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Shelly Arnoldi Agenda Item 15 Page 17 STR VICI .- ITY --__AP SHELLY ARNOLDI - 3921 WHOOPING CRANE CIRCLE N a /if ..-- k. - tititi ----- -,.. 114,.... 4,4i. 1411„Nrcovil , 41Pfliph... 4914./..._ ift„,,,14.47" ( 4161-4111- -* 41111114, lit 4. }sp 411- itS,4''1111,.'--tripPrAfikillii5111)\ ,;,, c---'' . ( ... 0440. .... „--„, • „)...,,./ ........K... .\\ if rN.Ak"".-- Ag\'1\110 cle ' STATUS '•. , i',,, • �' 'S�Qr Q?s, • Approved .�l t7 Ce(._ � /1 J 0 Denied . •: .. �, .� Apr W 1"., ' .-s' • ihrilk .--,&,,. .� 0 Registered , %'� ' o Item # 15 Shelly Arnoldi (Applicant & Owner) Conditional Use Permit (Short Term Rental) 3921 Whooping Crane Circle October 14, 2020 RECOMMENDED FOR DENIAL — HEARD Ms. Dozier: Next item on the agenda item number 15, Shelly Arnoldi conditional use permit for Short Term Rental at 3921 Whooping Crane Circle in the Bayside District. Ms. Arnoldi: Hello, sorry. I am a terrible public speaker. My name is Sharon Adnoldi. So, I am here requesting a Conditional Use Permit. So, I have owned this home since 1997. I bought it when I was in the military and then I had to leave due to career moves and I was overseas for the majority of time. I have been renting it long-term since then. I have had several turnovers and frankly, it has been hard to keep the property up. I kept it and I want to use it later, but I do not know if I will be able to come back to Hampton Roads. I live in Northern Virginia right now, but I do return to Virginia Beach as often as I can with my husband and I have four children. So, I found an opportunity to use it. So, I had two instances in 2016, one of my renters fell asleep and caused a fire and burned the kitchen down. So, I had an opportunity to totally renovate it due to the fire, it was an accident and was long-term rentals. I fixed it up thinking this is going to be my retirement home, maybe, and then I rented it out again, long-term and in three years it was almost destroyed again from pets. The problem of the house technically, it is supposed to be two bedrooms, but it is three bedrooms with three and a half bathrooms. It does not have suitable parking for the permitting process, but everybody has 26 houses in the cul-de-sac and there are three adults or more living in all the houses with three or more cars. So, it is a beach neighborhood with a lot of single people. There are a lot of parties, and frankly, my rental, I believe, is improving the neighborhood because I fixed it for my family to use. We come down and use it. There are a lot of noisy parties and it is kind of disturbing to people that live there. Now, I only used VRBO and I restrict it to 25 or older. I have a very large security deposit because I furnished it with very nice things because it is our second home. It is not for business, it is not for a profit. I was renting it only to capture some of the costs to renovate it. I also lost my job last summer; it was unexpected. So, I was hoping not to have to rent it at all, because, frankly, it is very nice. But, I 1 did rent it out, I looked into Short Term Rental and I looked at all the requirements. I followed them and I talked to my neighbors. I come down often to check out what is going on and I have a camera. I have not heard or received any negative complaints about actual people staying in the home. So, I have been asking, I talked to my neighbors and I do have support from neighbors and I have opposition from neighbors that you are going to hear. But, it has not been due to actual activities in the home or people because almost all of them have been families with small children, because it is a walking distance to the beach, but it's not Virginia Beach. There are no bars and it is not a beach area. It is a beautiful place for vacations, but also many of the people have been visiting military members, and sometimes there was a medical issue where they are visiting people to help them recover, but because I charged a lot and I want to keep it nice people have been very respectful and I have been very fortunate to keep it in the condition that is. So, I mean I really pray that I can continue to use it this way because the alternative is going back to long-term renting and I think that would just destroy the property and it would take away my ability to use it for my family. So, the area Civic League, we have lots of discussions and they are going to come talk to you. It is not a Homeowner's Association and we are not required to be part of it. But, like I said the cul-de-sac has 26 units in it, there are cars piled on top of each other on sidewalks. Many of the units are long-term rentals and they are in terrible condition. I brought photos I do not know if it is necessary, but I have new siding and windows and my house is perfect because I want to use it. And, so, I went through the issues that they have, and I just do not believe that I have any. There is nothing negative about the way I am using my home, despite what they are saying and they said so. The age is 25 or older, less than two cars, and no parties, I mean I restrict parties. There are no parties allowed and I have not had one party or noise incidents, and frankly, last summer there were two that I experienced living there where I had to ask people to turn their music down, so, those are long-term rentals or owners. So, although there are some objections, they appear to be totally anecdotal because I have gone on next door and asked for anybody to call or pm me if you have a problem and nobody has been specific as to an event that happened. The police had never been called, there is never been any problems, and quite frankly, my reviews on VRBO have all been five stars, they have all been great, and unless the only negatives have been the neighborhood, because it is too crowded, and there is too much noise. So, I would just 2 say, I do not believe I am bringing down the value in any way or causing any detriment to the neighborhood. Thank you. Ms. Oliver: Thank you very much. Do we have any questions for the applicant? Thank you very much. Ms. Dozier: Charles Hartman. Please state your name for the record. Mr. Hartman: Hi there. I am Charles Hartman. I am the Civic League President for Aries on the Bay. We are tight knit community in the neighborhood that 3921 Whooping Crane Court is located. The Civic League opposes this applicant's STR permit application. We, the Civic League, oppose this applicant because this neighborhood has specific restrictive covenants barring rentals under 30 days, and because the neighborhood is unsuitable for STRs due to high density, limited parking, and intense neighborhood opposition. If you are not familiar with Aries on the Bay, take a look at the map on the right, you can see the density of neighborhood is clearly high. We consist of mostly three story townhomes and traditional single family homes. We're bordered on the west by Bay Lake Pines and we're part of Ocean Park. Of the 225 units that comprise Aries on the Bay 69 are rentals in 2020. As the applicant stated, Whooping Crane Court has 26 townhomes. 26, and the only real parking is at the entrance to Whooping Crane Court or eight townhomes on Purple Martin Lane, four on each side but up against the entrance, and have yards. Parking is the number one issue in Aries. On the court itself that the applicant resides, or the rental property resides, there are only seven public parking spaces. You can park seven to eight cars on the entrance, so, as a total amount of parking on Whooping Crane Court is about 20 to 25 cars. Bear in mind that in the summer, we are one of Ocean Parks public beach accesses and parking is extremely difficult. Townhome driveways, which she has here, maybe will allow two cars to be parked there and one of them will block the sidewalk. The applicant is a long-term resident as she stated, and she knew that by doing this she would probably anger the residents and the Civic League because we do have these restrictive covenants. She started her rental activity in the summer of 2019. That is when we first were informed that this activity was taking place. We are not an HOA as she stated, we are Civic League. So, our only tools are reason, shame, and lawyers. Well, none of the first two worked out, so, I went to the lawyer stage. How did this happen? Did she have a hearing we where not aware of? After looking at every minute of the Planning Commission from 2018 and 2019, we saw that she had never applied for a permit until December of 2019. The applicant was sent a cease and desist letter from 3 our legal team back in January. She states, however, that she does not have to abide by it because now that the city has enacted these STRs she is in essence, allowed to have this rental. There are other neighbors here that will attest to the opposition to this, but the reality is that as a Civic League, we cannot condone, nor do we wish to have STRs in our neighborhood. We are a tight knit community. When people come in from out of state with other state cars, we lose that tight knit cohesive neighborhood. Mr. Dozier: Thank you for your comment, sir. Lisa Eure. Please state your name for the record. Ms. Eure: Good afternoon. My name is Lisa Eure. I am a property manager for 14 vacation rentals throughout Virginia Beach. I am also a resident of Aries on the Bay. When I purchased my house in 2003, I was aware of the deed restrictions and covenants that existed in our neighborhood and knew that if I ever wanted to rent my property that I will not be able to do so for less than 30 days. While I agree that vacation rentals are an asset to the City of Virginia Beach, I do not think that they should be allowed in Aries on the Bay due to the existing parking and traffic issues that we deal with daily and because of the congestion and high density of our neighborhood. In addition, I see that Ms. Arnoldi is requesting a conditional use permit for a two bedroom Short Term Rental; however, it is still currently listed as a three bedroom rental on the vacation rental platform. She does not have the appropriate parking spaces, which is required by you all for three bedrooms, three parking spaces of 9 by 18. I am also aware of the fact that Mrs. Arnoldi lives in Northern Virginia, and you should be within 30 minutes of the vacation rental that you own. So, I highly opposed of it. Ms. Oliver: Mrs. Eure. Ms. Eure: Yes. Ms. Oliver: I just want to question. I am just curious because you have several Short Term Rentals, don't you. Ms. Eure: I do, I manage 14. Ms. Oliver: Okay, that is what I thought because I have seen your name. Ms. Eure: Throughout Virginia Beach. Ms. Oliver: On applications before and, so. 4 Ms. Eure: So, I am very familiar with managing vacation rentals and the rules and regulations that I have to abide by. One being registered, which each one of mine are, with the City of Virginia Beach in a timely fashion. Prior to running it as a Short Term Rental. Ms. Oliver: Great, thank you. Mr. Redmond. Mr. Redmond: Ms. Eure. Ms. Eure: Yeah. Ms. Oliver: Come on back. Mr. Redmond: For your edification and your husband's and everyone who might be listening, we do not officiate between private parties with regard to their Homeowners Association or deeds or covenants restrictions. Our role is purely land use. Ms. Eure: Okay. Mr. Redmond: The notice says it made that clear to you all, but that does not seem to have been clear. It is completely irrelevant to us, whether there are deed restrictions, covenants, or anything else that might affect that, purely land use. So, whether or not this use is appropriate in the given place according to the ordinance, and the other kinds of considerations that would normally go into conditional use permit that is all we do. We do not do anything with regard to that, so, going forward I would caution you that is not a part of our consideration. It would not be a part of City Council's consideration. Ms. Eure: Okay. Mr. Redmond: It is purely land use map. Ms. Eure: Well, we do not have the parking in the neighborhood. Mr. Redmond: I got you. I heard it the first time, I just want to make that clear. Ms. Eure: The parking is the main issue. Mr. Redmond: I heard you the first time, I just wanted to make that clear. Ms. Eure: Okay. Anybody else? Ms. Oliver: Commissioner Graham. 5 Mr. Graham: Mrs. Eure, I think what Mr. Redmond was getting at here, as he said we do not decide that it is really a civil matter that is a matter for a judge and for lawyers, we are here with regard to land use. So, I think there is really kind of two separate matters that you have one is civil and one is here, dealing with zoning. Ms. Eure: Okay. Mr. Graham: So, I am not disagreeing that there is a deed restriction. I am just saying that does not have anything to do with us. Ms. Eure: Okay. Mr. Graham: If there is a deed restriction a judge will decide that, not us. Ms. Eure: Alright, but we do have a parking issue obviously, huge. Mr. Graham: I hear you loud and clear on the other items. Thank you. Mr. Alcaraz: So, do you live near this house. Ms. Eure: I do. Mr. Alcaraz: Do you live in the same model, and how many bedrooms do you have. Ms. Eure: I personally have two bedroom. Mr. Alcaraz: So, you do not live in the same model then. Ms. Eure: No. Well, we had a three bedroom and we made it into a two bedroom. Mine backs up to her residence. Mr. Alcaraz: Okay, thank you. Ms. Eure: But, I live on Rookery Way, which is one street over from Whooping Crane. And, it is very congested throughout the whole neighborhood. Mr. Alcaraz: But, my question was, originally it was three bedroom and you made it into two. Ms. Eure: I did. Mr. Alcaraz: And, you have the same model. Ms. Eure: Yes. Mr. Alcaraz: Okay, thank you. 6 Ms. Eure: But, I also reside there year around. Ms. Dozier: Greg Lewis. Please state your name for the record. Mr. Lewis: Good afternoon. Ms. Chair and Commissioners, my name is Greg Lewis, I am a homeowner at Rookery Way, which is on the back end of Whooping Crane, my property, actually, we have an easement between us, but I am actually Ms. Arnoldi's back neighbor and I am here to make a recommendation you vote against approving this as Chuck alluded, we are a beach neighborhood, we have beach access, it is beautiful place but it is first and foremost a neighborhood. I have been a homeowner there since, since 2014. I retired from the military there and I love our neighborhood, we have got a great mix of mostly long-term renters or owners that actually live there, great community, kids play together, we are friendly when folks come and visit, we understand, it is beach season. I do not think you will see anyone from our community involved in Floatopia and that is the type of thing that I think we might see more of if this turns into a Short Term Rental type of community, and you all know how that played out in the in the national news. In the past year I have heard a couple parties back there. It was actually my daughter who lives on the backside of her house that complained about the noise, it was back there in the evenings and several nights. We are a beach community there are some fun parties there as Ms. Arnoldi mentioned. So, I did not call the police at that stage. I had not actually called the police. I can say that there have been several parties back there and noise, my daughter can attest to that. If this does get approved I will probably start calling the cops when there are noisy parties. Again, it is a nice neighborhood and the parking situation is rough and has been talked to. I am a member of the Civic League, and I just say let us vote against this. Thank you. Any questions? Mr. Wall: Are you saying that the parties are actually coming from Ms. Arnoldi's property, as opposed to any other. Mr. Lewis: I believe some of them did. I knew there was sort of a window where there is about a week of loud parties and it was not there. So, I looked out, I believe it was hers, and we have about four different rentals behind us because it is townhouses, so. Mr. Wall: Okay. Alright. Thank you. Ms. Oliver: Thank you. 7 Mr. Lewis: Thank you. Ms. Oliver : Do we have any more speakers. Ms. Dozier: Yes, Ma'am. Ms. Oliver: Okay. Ms. Dozier: Stacy Kellam. Please state your name for the record. Ms. Killam: Yes, my name is Stacy Kellam. Ladies and gentlemen of the Council, the Commission, and fellow citizens of Virginia Beach. I am Stacy Kellam and I am here today to express opposition to the proposed Short Term Rental conditional use permit for Ms. Shelly Arnoldi's townhouse at 3921 Whooping Crane Circle in the Aries on the Bay neighborhood, just off the Shore Drive. As a key element here, Aries on the Bay is a neighborhood, just like Keeling Wood, Chelsea, Kings Grant, Thalia, Hunt Club Forest, Fox Chase and any of those other great neighborhoods in Virginia Beach, Aries on the Bay is a neighborhood. I moved into my home 21 years ago, right next door to Ms. Arnoldi's property, 21 years. This is my home, I feel safe here, I feel comfortable. It is my neighborhood and it is my community. I have neighbors, the kind of folks you can lean on in times of need, to mow the grass if you have had surgery, or are down for six weeks, and watch out for each other's kids, which we have a lot of in our area. They are the kind who watch your house if you go out of town, they will walk your dog, and they will take up your trash cans. These are people you can depend on, and they can depend on me. Ms. Arnoldi has been operating her property as a motel for the past 18 months or two summers, anyway. Without City approval, without community approval, without anyone's approval. Because Ms. Arnoldi does not live here, she lives in the Alexandria area in Northern Virginia. She is not a neighbor, she is not anyone that we can depend on. She does not really care about Aries on the Bay or Virginia Beach. She just wants a place where she and her family can come for a few sporadic weeks during the year. Otherwise, she does not care anything about it other than it is rented. She does not know the people she is renting to. They might be good people, but they might be child molesters, rapists, drug dealers, or manufacturers, they could be crooks just casing the neighborhood, looking for easy targets and crime opportunities, they might just be nuisances bringing in three or four car loads of people with then taking up parking spaces that our small little court, just cannot accommodate, not attending to the trash, leaving cans in 8 the street, trash on the beach, dog poop in the people's yards, and run over landscaping timbers. Ms. Dozier: Thank you for your time. Ms. Oliver: Do we have any questions? Mr. Alcaraz: Please, I do. Ms. Kellam, you mentioned some incidents. Did you call the owner. Ms. Kellam: I am sorry. Mr. Alcaraz: You mentioned some incidents that have happened while she was renting. Did you call the owner. Ms. Kellam: Yes, parties and a fire in the backyard. Mr. Alcaraz: Okay. How is the parking situation. The parking? Ms. Killam: The parking, the parking is awful. Mr. Alcaraz: Like? Ms. Kellam: I mean the court is already. Mr. Alcaraz: I am talking about the specific lot, this specific property the parking. Ms. Kellam: She only has a two car driveway and it does straddle the sidewalk. And, I have seen many occasions where the renters brought four cars. I think they come from out of town and maybe have friends that live in Virginia Beach and they invite their friends to come over, so, they can all hang out together. Mr. Alcaraz: Okay. When you had an incident and you call her, did she respond? Ms. Kellam: I have called her in the one case where they were having a bonfire in the backyard, a trash can fire and she said, I will call them, but they did not put the fire out and we are wood-sided community, it was a windy night, there were embers blowing up, it was right under a tree, I was afraid that would be a fire, I do not want my house to catch fire. But, I am not her property manager and I live next door to the property, I do not want to be responsible for it. And, with her being absent, she was looking for me to be the property manager. She offered to pay me money to be the property manager. But, I do not want to be responsible for looking out for townhouse because it is attached to me. I have my own responsibilities. 9 Mr. Alcaraz: Okay. Ms. Kellam: I do not need to take one another. Mr. Alcaraz: And, you say you live next door. Ms. Kellam: I am attached to her, yes. Mr. Alcaraz: How many bedrooms do you have in your unit. Ms. Kellam: My unit has three and her unit also has three. The last time I was in the unit, it was configured for eight people. Mr. Alcaraz: Okay. Ms. Kellam: But, it's a three bedroom and three and a half bath townhome. Mr. Alcaraz: Alright. Thank you. Ms. Oliver: Thank you very much. Ms. Kellam: Thank you. Ms. Dozier: Jim Severt. Please state your name for the record. Mr. Severt: Good afternoon. I am Jim Severt and first I would like to thank the Planning Commission for hearing these comments regarding Ms. Arnoldi's property. I am actually here not to oppose, I guess I would from my observations of summer I would be in support of how she intends to use her property. My family is a military family and we just moved back the summer from overseas. So, we had to roam here for two weeks in July. So, my wife purchased our property which is right next door to hers in 2000, so, off and on we have been in the neighborhood for five or six of those 20 years. During the two weeks of July when we were there I think I saw three families or renters come to the unit. And, I did not witness any loud or abusive behavior, or things that would cause me concern. I cannot speak to the fire that was mentioned because I did not see that. Our unit is about a four minute walk to the beach, it is a beach neighborhood from Memorial Day to Labor Day it is that type of neighborhood where you are going to have individuals who are there to enjoy the beach and have a good time, there are sporadic parties, but with 200 units in Aeries on the Bay those parties could be from owners, long-term renters, short-term, or people just coming for the day. There is no way to identify one way or the other unless you actually know who is living in a particular unit. So, that is just the nature of this neighborhood. In summary, I believe how a tenant, 10 lessee, short or long-term renter, guest, or owner behaves has more to do with their values, habits, and to a lesser degree economic situation than the duration of their residents in any particular improvement on a property. So, all I can witness to is that during the two weeks that we were there this summer, we are currently stationed up North in DC, but we are using our property, we have been here three times since we have moved back from overseas. I have not witnessed any negative activity which would cause me concerns specifically with her unit, and having. Ms. Dozier: Thank you for your comments, sir. Mr. Severt: Thank you. Ms. Dozier: Henry Farr. Please state your name for the record. Mr. Farr: My name is Henry Farr. I am here to oppose the short-term lease, I live on Rookery Way behind her property. I am not opposed to people going out and having cookouts and celebrating, but seven days a week it is kind of tough. They are renting it out as a shore by the beach. And, they are there to party. We do not have security or cleanup crews, they go to the beach they bring glass bottles to the beach, who would bring glass to a beach I do not understand, but that is what they are doing and I am totally opposed to it. Thank you. Ms. Dozier: Alyssa Gregerson. Please state your name for the record. Ms. Gregerson: Hi, my name is Alyssa Gregerson, and I did not write anything down. I am just going to talk to you from what I have experienced. I live right across the street and I have witnessed many, many things from the property across the street. First of all let me tell you I have lived in Aries for 20 years, I lived 10 years on Purple Martin which is the street you need to go down to get to Whooping Crane. And, I have lived across the street for 11 years, and I have no idea who Shelley Arnoldi is, I have never met her, and I am also speaking for some of the neighbors that could not be here today because they have poor health conditions and because of COVID, they could not come here. They have sent emails and hopefully you have gotten them. But, I have witnessed many things from the past two summers, late night yelling, screaming, public urination. I have even had people walking their dogs in my yard, letting them poop, and then I knock on the window saying and pointing that I am not cleaning up after your dog. Like I said, the owner, she keeps on calling it her home. She has never lived there as long as I have been there. She has never come over to introduce herself. And, basically, what she is just trying to do is 11 make a little money and we are a very close-family neighborhood. We have a lot of small children, parking is horrendous. And, you need to drive very slow coming through there because of so many kids on their bikes and it is just very hazardous, and I am very much opposed. Thank you. Ms. Dozier: That is all my speakers on this item. Ms. Oliver: Applicant like to step forward please. Ms. Arnoldi: Sorry, I did not know it is going to be such a long day. Yeah. So, I do not know a lot of those people personally, and I was surprised to hear a lot of that, because I have gone on Next Door and given my name, I did speak with Ms. Gregerson. I gave her my phone number, I do not know exactly where she lives. I have asked for any example of anybody who has done any damage or made any noise. And, none of that, that seems exaggerated not true honestly, but one tenant had a fire pit, I called, I asked them to control it, it is not illegal. The neighbor on the other side has a fire pit, it is not against the law. And, I mean I attended to it, I make sure it was out, I said pay attention to it, but the other thing that I will say the neighbors behind you have got a lot of people on Rookery. I have a recording in August of a party and I believe it was Lisa Eure's house, where someone was having a party at one in the morning, and I walked over and asked him to turn the music down. And, they literally flipped me off. And, another neighbor was there, I do not want to call the police. I do want to use it and I know this is a lot but, like, I understand and I do like the neighborhood. That is why I want to keep it. That is why I want to come back and stay here just because I do not know them personally. I have never put anyone out and I would not, and I did not ask her to manage my property, I have a property manager, I have someone that cleans it and takes care of it, comes in 20 minutes. I have a maintenance man. So, basically a lot of these people I do not know, I have tried to get in touch with the Civic League and said I will communicate with you and I will be honest about everything, but a lot of this is surprising to me because I want to use the house for me and my family. It is not about making money, it is not a business. So, I just hope you will consider allowing me to use my home, so, that I can maintain the home that I have created instead of letting it go back to this long-term rental where it gets destroyed again. So, that is all. Mr. Alcaraz: I just want to get the bedrooms straight, and I am sorry I keep asking everyone because I looked it up, and I mean you are advertising three nice size bedrooms and with the bathrooms 400 feet from the beach. 12 Ms. Arnoldi: I am going to change it. Well, I was told that it could only be two bedrooms because of the parking and, so, I am going to turn the downstairs bedroom into a family room. I have agreed to do it. If it is not approved, I am not going to do it, and then I will go into either long-term renting or I will stop doing what I am doing. Yeah, all of the houses there have three bedrooms and I would say even the neighbors that are speaking have two to three people living there with two to three cars. So, I would reduce it to two bedrooms, and I will do the same number count, because I still want to use it for my family. Mr. Alcaraz: I am just saying that you are advertising three nice. Ms. Arnoldi : No, I have not changed it. I also have not got the million dollar umbrella insurance yet, I have a quote and I am ready, if this gets turned down I am going to cancel everything and reevaluate what I am going to do with the house. How I am going to use it, if I am going to sell it, I do not know. But, absolutely I can comply with the two bedrooms, making a family room. I asked, but I have spoke honestly with Will about it, everyone else in the neighborhood has three bedrooms, but if I have to have two bedrooms in order to use it will make it two bedrooms. Mr. Alcaraz: Thank you. Ms. Oliver: So, just a question, I assume you are registered with Commission. Ms. Arnoldi: I am. Ms. Oliver: And, yet there is some date questions about your managing a Short Term Rental for two summers. Ms. Arnoldi: Yeah. I said last summer, it was the summer of 19, that is the last renters that moved out, that is when I decided to furnish it and I was not sure what I was going to do if it was going to be Short Term Rental, but I wanted to furnish it and use it for my family, and I lost my job beginning on August. So, that is when I decided to actually do Short Term Rental. Ms. Oliver: To start renting as a Short Term Rental. Ms. Arnoldi: Yes, I did. But, I did go to the Planning Office, like I got the ordinance and the requirements and I looked at, I mean I do not think I obviously did not do anything with the bedrooms, but I went and I spoke with someone to understand the process and the application. I did not know the timeline or the restrictions. So, I also did not even know about the Commission until Christmas, so, as soon as I learned that. 13 Ms. Oliver: I am just going to interrupt you real quick just for the sake of time here. So, you started short-term renting it about approximately about a year ago, which I sympathize with the fact that you have lost your job and I am sorry to hear that. And, then you went to the Planning Department and you got the copy of the ordinance and some paperwork, and you read through that and you did not understand it. Ms. Arnoldi: Honestly, I did not understand what I was filling it out, I do not know it just Ms. Oliver: You just did not get to it. Ms. Arnoldi: I just was. Yes. Ms. Oliver: Okay. And, then can you tell me the date in which you applied to the Commissioner of Revenue. Ms. Arnoldi: I think it was December or January. Ms. Oliver: Of this past year. Ms. Arnoldi: Yeah. Ms. Oliver: Okay. That is great. Thank you. Anybody else have any questions? Okay, thank you very much. Alright, I will close it and open it up for discussion amongst the Commissioners. Yes, Mr. Redmond. Mr. Redmond: I do not know what to make about the neighborhood from what I have heard. That said, it is a very dense neighborhood. And, my concern with it is the way that court is arranged, everyone is affected. And, that is the part that I have trouble with, altogether too much he said, she said today for my liking. And, some irrelevant parts to, but this is a very tightly packed neighborhood, and this property is situated such that, there is just no way you cannot impact and affect one another. Now, do the Short Term Rentals have a greater impact than a long-term resident, or a long- term rental, I do not know. I know I have neighbors in my neighborhood near me who are longtime owners and they are loud and they have a lot of cars. But be that as it may, with regard to this particular use I cannot get over the fact that strikes me as a very difficult place to have a Short Term Rental. And, it really has much more to do with the site location of the property, the nature of the neighborhood, the parking considerations, the fact that people, even though you can tell them to bring only two cars, they might bring three or they might bring four and block the sidewalk and all the rest of it, it just does not seem like it would work to me. So, with that said, I will not support the application, and we will be happy to make a 14 motion shortly. Thanks. I did not make one yet, but I am happy to. Madam Chair, I move that we deny the application. Mr. Graham: I second. Ms. Oliver: I have second by Commissioner Graham. Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond. Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair, Weiner. Mr. Weiner: AYE. Ms. Cartwright: And, Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: With Mr. Barnes absent, Mr. Coston absent, and Mr. Inman absent. Ms. Cartwright: By recorded vote of eight to zero, item number 15, has been denied. 15 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 3921 Whooping Crane Circle, 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. As depicted on the floor plan found on page 8 of this report and titled, "Floor Plan," the first-floor "Family room" shall not be used as a bedroom when the home is utilized for short-term rental purposes. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two) 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). 16 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 18 From: plannina Administration To: Kevin P.Kemp;Kevin L.Hershbewer;William N.Miller Subject: FW:Short Term rental/Conditional Use Permits at Aeries on the Bay re:3921 Whooping Crane;applicant Shelly Amoldi Date: Tuesday,October 15,2019 2:37:50 PM Attachments: jmaae001.on4 Hi All, Please see email received in the Planning Administration inbox today regarding Short Term Rentals. Have a great day, NABMarchelle L. Coleman, City Planner City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman©vbgov.com From:Chuck Hartman<chuck@thetelephoneguy.com> Sent:Tuesday,October 15, 2019 1:27 PM To: Planning Administration <PlanAdmn@vbgov.com> Subject:Short Term rental/Conditional Use Permits at Aeries on the Bay re: 3921 Whooping Crane; applicant Shelly Arnoldi Greetings: I am the civic league president for Aeries on the Bay, a deed-restricted community in the Ocean Park overlay district. We have an owner in this 240 unit development who has stated that she has a conditional use permit for a home based STR; I have yet to see their application on any past minutes so I can only presume this applicant will be heard by the Planning Commission in the coming months. I write to inform you that Aeries on the Bay, although not a HOA by definition, has deed restrictions that specifically prohibit "weekly beach rentals" and any rental period under 30 days. Not some sort of vague "commercial activities prohibited" language, but specific restrictions on rental activity. We are strongly opposed to any STR's in this community.The AOTB (Aeries on the Bay) Civic League is tasked with enforcement. We are a volunteer board, not a professional HOA administration entity. We typically raise money via events and voluntary dues for The Ocean Park VRS, foodbank, and Ocean Park Fireworks Fund. At this time we have had to reluctantly authorize over 2K in funds to fight this applicant in court, having failed to convince her to stand by her restrictive deed in numerous appeals,to which the response is: "I have a City permit, I am authorized to have STR's" In a December 13, 2017 Planning Commission meeting, (Item 10-14, page 42) our treasurer, Jill Broome, spoke about this and was told a) STR's would not supersede existing deed restrictions, and b)The City will not enforce deed restrictions. We wish to make sure the Planning Commission is aware of these restrictions as they consider this applicant's STR request, if it does indeed exist, and that the AOTB civic league has procured the offices of Sykes Bourdon Ahern & Levy to fight this applicant in court, and that it is entirely possible that by the time this applicant appears before the board that a lawsuit may already be filed. We will start with a cease and desist letter after the lawyers perform a title search on this applicant's property and render an opinion on the legality of these restrictions. As such, we would want to be informed as to when this applicant is scheduled to appear so we can voice these concerns at your hearing. We understand that the City will not fight our battle here, but providing permitting'cover'for prohibited use does seem to be stacking the deck against us. It is our ultimate wish that City Council will amend the STR regulations with language that notes that in an HOA or deed restricted community, those restrictions are in no way superseded by new STR regulations. A better outcome: Block permits in any area that has these recorded restrictions on the books such as ours. As it is now, we are spending what little money we have on lawyers instead of the OPVRS, Foodbank, and fireworks. And to some degree,the City is at fault because there was never any consideration as to the consequences of a blanket approval process that did not mention, exempt, inform,or in any way, deter a potential applicant from engaging in an activity they knew would violate their restrictive deed. Even the presence of a generic warning in the new STR regulations might have given pause to this applicant, but none is included.That should be addressed. Right now, though,the purpose of this message is to request notification when this applicant, Shelly Arnoldi or her designee, submit an application for an STR on 3921 Whooping Crane, or any other applicant who submits an STR application for any address on Aeries Way, Purple Martin, Rookery Way, Hermit Thrush or Wood Ibis Way.All are wholly part of the Aeries on the Bay subdivision, which in its entirety is prohibited from STR activity. This is not the first I have written to the Planning Commission on this matter, but perhaps this will be the first to be answered? Please let us know when this applicant is scheduled to appear if possible. It is entirely possible the sign that is supposed to be put up on their property will be removed before we see the meeting date and time. We are a volunteer board, and as such may not scour the meeting agenda and minutes or drive by the property daily looking for a sign like a professional HOA management entity could. Thanks for your consideration, Cg. . „C/4t..e,>/." H , . Aeries on the Bay Civic League President Web: www.aeriesonthebay.net Email: aeriesonthebaycl©gmail.com Phone 757 567-1469 From: Shelly Arnoldi To: William N.Miller Subject: Fw:Short-term rental on Whooping Crane Date: Tuesday,September 15,2020 12:17:41 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Miller, The below e-mail is from my immediate neighbor. Can you use this as a letter of support or do you need something addressed to yourself or the Virginia Beach planning commission? Shelly Arnoldi 202-285-7474 Forwarded Message From: Lisa Franchetti <Imfranchetti@gmail.com> To: "shelly_arnoldi@yahoo.com"<shelly_arnoldi@yahoo.com> Sent: Sunday, September 13, 2020, 09:15:35 PM EDT Subject: Short-term rental on Whooping Crane Shelly, As you the owner of the property located next to you in Aeries on the Bay, at 3923 Whooping Crane Circle, I would like to let you know that I do not object to you offering your property for short term rental. I have found that your renters have been quiet and polite and have not added any"car congestion"to the street. You cleaning team is also polite and keeps the property in excellent condition. Regarding car congestion,the reality is that many properties have 3 cars, more when they have guests, especially overnight/weekend guests. The car congestion in our cul-de-sac has been a challenge since I bought my property in 2000, and is not a result of your short-term rental. Please let me now if you have any questions. Best Regards, Lisa Franchetti From: Kirk Aanonsen To: William N.Miller Subject: conditional use permit for short term rental Date: Wednesday,September 16,2020 9:01:09 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Kirk Aanonsen and I live in and own the property at 3933 Aeries Way. I've owned my home since April 1998. I understand the owner of 3921 Whooping Crane Circle is requesting a conditional use permit for short term rental, and I want to provide my support. With most houses in the neighborhood being occupied by 3+ adult, short term rentals decrease the number of cars, eliminates noise issues and improves the overall appearance of the neighborhood. Thank you, Kirk Aanonsen 3933 Aeries Way Va Beach, VA 23455 Cell: 757-373-7742 From: Shelly Arnoldi To: William N.Miller Subject: Fw: Support for approval of Conditional Use Permit for STR at 3921 Whooping Crane Circle Date: Wednesday,September 16,2020 2:35:29 PM CAUTION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Miller, Please disregard the confusing e-mail I sent yesterday and include this one from Mike Wilson. I believe you have 3 total, Lisa Franchetti, Kirk Aanonsen & Mike Wilson. Thank you again for your assistance, Shelly Forwarded Message From: Mike Wilson <mkwvt86@gmail.com> To: Shelly Arnoldi <shelly_arnoldi@yahoo.com> Sent: Tuesday, September 15, 2020, 01:01:48 PM EDT Subject: Support for approval of Conditional Use Permit for STR at 3921 Whooping Crane Circle To whom it may concern, My name is Michael K. Wilson and I live in and own the property at 2214 Wood Ibis Way. I've owned my home since March of 2018. I understand the owner of 3921 Whooping Crane Circle is requesting a conditional use permit for short term rental, and I want to provide my support.With most houses in the neighborhood being occupied by 3+ adults, short term rentals decrease the number of cars, eliminates noise issues and improves the overall appearance of the neighborhood. Thank you, Mike Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: William R.Landfall- To: William N.Miller Cc: Marchelle L.Coleman Subject: FW:The Aeries on the Bay civic league will send representatives to speak in opposition to the STR permit application of Shelly Amoldi,item 14 on the 10/14/2020 agenda Date: Monday,October 12,2020 8:23:26 AM Will, See attached letter of opposition to the Shelly Arnoldi STR application. Thanks. Bill William R. Landfair,AICP Planning Evaluation Coordinator I Planning& Community Development I Planning Administration 2875 Sabre Street,Suite 500 I Virginia Beach VA 23452 (757)385-8745 From:Chuck Hartman <aeriesonthebaycl@gmail.com> Sent:Sunday,October 11, 2020 9:27 PM To:William R. Landfair<WLandfair@vbgov.com> Subject:The Aeries on the Bay civic league will send representatives to speak in opposition to the STR permit application of Shelly Arnoldi, item 14 on the 10/14/2020 agenda 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. Hi there, this is Chuck Hartman, I'm not sure how many of us will be there, but at a minimum I will speak in opposition to this STR applicant. I'm not sure if we would get the 10 minute block or just the 3 minutes. I presume if I'm the only speaker I get the 3 minutes? It's probably going to be by meeting time that I find out how many others (if any) will show up. Cg1 "C44" H .4. Aeries on the Bay Civic League President Web: www.aeriesonthebay.net Email: aeriesonthebaycl©gmail.com From: William R.Landfair To: William N.Miller Subject: Fwd:Conditional Use Permit 3921 Whooping Crane Circle Date: Wednesday,October 14,2020 1:09:34 PM Another letter of concern for Arnoldi application. Sent from my iPhone Begin forwarded message: From: "Grierson, Lissa M CTR" <Lissa.M.Grierson@uscg.mil> Date: October 14, 2020 at 11:13:58 AM EDT To: "William R. Landfair" <WLandfair@vbgov.com> Cc: Lissa Grierson<l1ovesvb@gmail.com>, "Grierson, Lissa M CTR" <Lissa.M.Grierson@uscg.mil> Subject: Conditional Use Permit 3921 Whooping Crane Circle CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I live directly across the street from 3921 Whooping Crane Circle and I oppose this application for"Short Term Rental". Shelly Arnoldi has already been using her property for Short term Rentals for the last two years, renting for 3 to 5 nights. According to the received letter, it is a state law to inform your neighbors. This is the first letter I have received and I have never met Shelly Arnoldi. I have lived at 3904 Whooping Crane Circle for over 10 years and lived in Aeries Neighborhood for 20 years. I have witnessed loud music and parties, public urination and intoxication. The guests have allowed their dogs to poop in my yard and do not pick up afterwards. There was even a fight between two families one Sunday morning, one family was not ready to leave and the next family was coming in. These are just a few examples of my experiences. Shelly Arnoldi does not live in Virginia Beach and she is aware of the bylaws and covenants that state our neighborhood does NOT ALLOW short term rentals, we are a family neighborhood full of small child and elderly folks that are weary of continued strangers coming and going. Also, because of the Coronavirus, Shelly Arnoldi is not thinking of how she is putting the neighborhood in jeopardy. We should feel safe in our homes and not worry about strangers that may pass it to me or my family or my neighbors. I do plan on attending today's hearing but I know many neighbors around me cannot attend because of health conditions due to COVid-19. We ask that this application will be denied. Sincerely, Alesia Grierson 3904 Whooping Crane Circle Virginia Beach,VA 23455 (757)646-0082 Lissa Grierson SSA Database Administrator Ace Info Solutions USCG FINCEN-Chesapeake,VA From: William R.Landfair To: William N.Miller Subject: Fwd:Conditional Use Permit 3921 Whooping Crane Circle Date: Wednesday,October 14,2020 1:09:34 PM Another letter of concern for Arnoldi application. Sent from my iPhone Begin forwarded message: From: "Grierson,Lissa M CTR" <Lissa.M.Grierson@uscg.mil> Date: October 14,2020 at 11:13:58 AM EDT To: "William R. Landfair" <WLandfair@vbgov.com> Cc: Lissa Grierson<l1ovesvb@gmail.com>, "Grierson,Lissa M CTR" <Lissa.M.Grierson@uscg.mil> Subject: Conditional Use Permit 3921 Whooping Crane Circle CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I live directly across the street from 3921 Whooping Crane Circle and I oppose this application for"Short Term Rental". Shelly Arnoldi has already been using her property for Short term Rentals for the last two years,renting for 3 to 5 nights. According to the received letter, it is a state law to inform your neighbors.This is the first letter I have received and I have never met Shelly Arnoldi. I have lived at 3904 Whooping Crane Circle for over 10 years and lived in Aeries Neighborhood for 20 years. I have witnessed loud music and parties,public urination and intoxication. The guests have allowed their dogs to poop in my yard and do not pick up afterwards. There was even a fight between two families one Sunday morning,one family was not ready to leave and the next family was coming in. These are just a few examples of my experiences. Shelly Arnoldi does not live in Virginia Beach and she is aware of the bylaws and covenants that state our neighborhood does NOT ALLOW short term rentals,we are a family neighborhood full of small child and elderly folks that are weary of continued strangers coming and going. Also,because of the Coronavirus, Shelly Arnoldi is not thinking of how she is putting the neighborhood in jeopardy. We should feel safe in our homes and not worry about strangers that may pass it to me or my family or my neighbors. I do plan on attending today's hearing but I know many neighbors around me cannot attend because of health conditions due to COVid-19. We ask that this application will be denied. Sincerely, Alesia Grierson 3904 Whooping Crane Circle Virginia Beach,VA 23455 (757)646-0082 Lissa Grierson SSA Database Administrator Ace Info Solutions USCG FINCEN-Chesapeake,VA From: William R.Landfair To: William N.Miller Subject: Fwd:Shelly Amoldi-CUP SHORT TERM RENTALS Date: Wednesday,October 14,2020 1:12:24 PM Opposition letter. Sent from my iPhone Begin forwarded message: From: Maria Emilia<lua3lixpt@aol.com> Date: October 14, 2020 at 11:00:29 AM EDT To: "William R. Landfair" <WLandfair@vbgov.com> Cc: Maria Emilia<lua3lixpt@aol.com> Subject: Shelly Arnoldi- CUP SHORT TERM RENTALS Reply-To: Maria Emilia<lua3lixpt@aol.com> 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, I'm not able to attend the meeting regarding the CUP (Short Term Rental) due to my disability and COVID-19. However, I want my opinion known. I reside directly across the street, at 3902 Whooping Crane Cir., Virginia Beach, VA 23455. My name is Maria Emilia Tenreiro-Moon. I'm in total opposition and if I could cast a vote it is: NO! Why? 1. Parking is very limited. 2. Increase Speed and Traffic. Hazardous to children and residents. 3. Noise - Lack of respect for curfew and noise regulations. 4. Higher Crime Risk. 5. Decreased Property Values. 6. Loss of Community. 7. Unknown Character of Strangers coming and going. No background checks. 8. Feeling of Insecurity. 9. OWNER DOES NOT SUPERVISE! Lives outside neighborhood. First and foremost, Aeries on the Bay is a Deed Restricted Community. We have covenants set in place to safeguard and protect our vision of a well balanced, safe and enticing community. The adverse effects are many, some are outlined above. I am opposed to granting the CPU/STR to Ms. Arnoldi and any others. Regards, Maria Emilia Tenreiro-Moon ,I> iOD WI 1* , \ 11.111P / • SU R7.5 iiiiiiiik r1 - iil I ,11.,. - Fir i _ CD CR7.5 = R7�5olii, ��... 1,,,, 1111111111 „wig 0 , _ 7 CD 0 / ---------1— 00111 11111111111011 - _rttlerrac0 e 1 ri 1 1 deR7.5 r ft o - o N WY% Site Valerie Taylor W ,41;�E Property_Polygons 3644 Britt Terrace s Zoning Parking Lot Drive Aisle Feet I I 01020 40 60 80 100 120 .e+, �7.T yY ro!E 4 g' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VALERIE TAYLOR [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3644 Britt Terrace (GPIN 1487562140). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 9,790 square-foot parcel zoned R-7.5 Residential District. This property is located within the Malibu neighborhood, which was platted in the 1960's. The lot consists of one single-family dwelling containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. Two spaces can be accommodated in the existing driveway and a driveway expansion of pervious material is planned for the third space. The maximum occupancy for guests on-site after 11 :00 p.m. for a three- bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below. • Considerations: With the driveway expansion proposed, adequate off-street parking can be provided. Additionally, the requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff report. One letter of opposition from the property owners across the street was received related to this application. The letter noted their concern with the transient nature of Short Term Rentals. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 0, with 1 abstention. 1. The following conditions shall only apply to the dwelling unit addressed as 3644 Britt Terrace and the Short Term Rental use shall only occur in the principal structure. Valerie Taylor Page 2 of 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. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, one additional off- street concrete parking space shall be added to the existing concrete driveway and must always be available to the Short Term Rental occupants leasing the unit. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use. 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. Valerie Taylor Page 3 of 3 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department '/ City Manager: � A eNIB Applicant and Property Owner: Valerie Taylor Agenda Item Public Hearing: October 14, 2020 City Council Election District: Lynnhaven 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation .' it I � , '�� 12 \‹ Approval 4.4.J Stii • r -Ro„cl S F et 0 Staff Planner ' r , "'ion+u.o;�» 1z l William Miller p 2. -�._1 iy� I 0 \JR\ S, 'i..,,. Location ,,c�, n ,c, t----- E er--------.;i_______ mod` =�a 0co d 3644 Britt Terrace two t ' ' � W� scow Q y A1wtt R° o GPIN / Il �1_• 1487562140 Lampu►w"a• CI: MspwP,a++�� • Site Size • v,toni."a6'g0Jevard 9,790 square feet \) \ \ 7c Existing Land Use and Zoning District r\--acri Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North - Single-family dwellings/ R-7.5 Residential 4 South - . 'P Britt Terrace Edinburgh Dove"' - -_ Single-family dwellings/ R-7.5 Residential - o East , . .F> w-r: . so, Single-family dwellings/ R-7.5 Residential West �*�:. � Single-family dwellings/ R-7.5 Residential Ni!" 1 tl� „?'y ,e it aee z ', 1/2.l - 4 ._�2 .- • .�. ,=�- . Valerie Taylor Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 9,790 square foot lot is located within the R-7.5 Residential District and contains one single-family dwelling. • According to City records,this home in the Malibu neighborhood was constructed in 1962. • Staff inspected the site on July 10, 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. • On July 14, 2020,Staff spoke with the applicant regarding the need for a third off-street parking space.The applicant was agreeable to placing an additional parking area abutting their existing driveway(see Site Layout& Parking Plan section of this Staff report for an illustration of this proposal).Staff advised the applicant that a condition would be requested requiring the placement of the driveway addition within 60-days of a favorable City Council vote.The applicant verbally agreed to this condition. • The applicant agreed to City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity illa #,\fir :IOal7441Q- W NUR . r� }V �� a"ii_ IA 4,41 111 ,,i4rali iiiit.71A I I i m011itisiel".0 110„ pthh., Er . " .,.: .1 'Rgi lif illit 15,111_-_-_0_, 4Vidirlair- - __&11r El . I mg rigiLia'sato-T *hier efripi-ols - --vr_ -am fr-,tal ,, ilitimTh'10-4.% : -:412ip 211t fitrallil,iittrektatirr #4iiU4ii VP1 — 1 Big ,:liforill ....- ..,_111 . - is: .2 ra, . sirs Tim gew la ;VIE. r API — - -. - torkrt.k. ,__-- * 0 ;-ia� wig• *''. ■ ■\\ t STATUS ® • Appmved tb i " �$ • Denied 0 Under Review s I�i / ' ----- Q Registered f II Hill i Valerie Taylor Agenda Item 13 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 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: 6-As recommended in condition#16 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 (1 space will be created by widening the existing driveway as shown on the parking plan found in this report) 1-1 0 R / LL-f i Lf1 R-7.5 O Edit' yfi D►k ------ro-40, 0 • . 5z3 n * \c, 0 ag a R • 1M B 44,, n � �' a No Zoning History to Report 7, .0 , Q o tolli l \ 0 1 1 " c:,.0 I-- _,. .,,s___. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the neighborhood of Malibu,which was platted in 11 individual sections from 1960 to 1964 and contains primarily single-family residential homes; however,there are a limited number of apartment complexes located at the community's periphery. In addition,the subdivision is bounded by commercial uses to the south and the communities of Kings Grant, Little Neck,and Birchwood to the north,east,and west. The applicant's existing driveway can accommodate two 9-foot by 18-foot parking areas. Because the home contains three bedrooms, a third off-street parking space is required.To accommodate this third space,the applicant is proposing to add a concrete parking area abutting the existing driveway. If this request is granted, a condition is recommended that requires the placement of the driveway addition within 60-days of the City Council public hearing.As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Valerie Taylor Agenda Item 13 Page 3 Based on the considerations above,Staff recommends approval of this request with the conditions listed below.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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3644 Britt Terrace and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator,one additional off- street concrete parking space shall be added to the existing concrete driveway and must always be available to the Short Term Rental occupants leasing the unit.A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use. 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. Valerie Taylor Agenda Item 13 Page 4 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of 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 September 14, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, September 27, 2020,and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020, and November 8, 2020. Valerie Taylor Agenda Item 13 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 November 2, 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 November 13, 2020. Valerie Taylor Agenda Item 13 Page 6 Site Layout & Parking Plan v v Y —Y_— Y — Y — Y .... Y _ Y .--t Y ___ •f— v — x — x — x — x — x — x — x — x -.- 9' x 18' r x — 1 parking space x I I x • I . -.-.1 1 I:::::•:•i Proposed I x F.:.:...] i 1 F:.:.:.:I concrete 241 . r:::•:•:I driveway 9,868SF K \:•::! addition I 0.2265 AC I I K Ni `o I 1 1 M • ' I_ 1 I ' I0 x K tt') I I l " x •i I .`�= x I ,- s..r < HVAC ' .. --__ x `~ti t 1 7.7 i 56.4' C 1 • 1 story back 8 I N frame house I it3644 6'wood fence 6.7' m , —b 23.3' 26.4' x . A-10.0'--\ :cone 1 • ' 32,1 I 30.3' ;. 5'utility 8' drainage I • • •.• 3 easement 2. 5 . ...II O 80.45' t 12.9' BRITT TERRACE (50') Valerie Taylor Agenda Item 13 Page 7 Site Photos *-'A` ' r r . x _ w^ t_Rev.t.-_.w -lip '� i - *,;. ,t of + , 1442. : .. .. 4,,441. t ,•—7.- . .fr i • I 7..*:!.."' .. '. , ,i -.. cs 1e r r � a Valerie Taylor Agenda Item 13 Page 8 Site Photos �� sx t a - „toitet T.:. ::.'4-. 1 �'. °, „:_ ., _ -0—._j _ z _ `. 3- .> 4 f- ter -spy.,- • 7 ►` • t 'A. ,''. .mow.'.i'-_ • ' • 9. 'A .f• * •it 0 ' 4. ,, 'k� '� •• Y'••�'v` ,.�- ofW *- '1.' \r7 Itt .. • •ti s .c�'h IT a - s. .�"a2. 1. `` ._.e .1 + � Y .Yilk ,.a— . _ s . armor Valerie Taylor Agenda Item 13 Page 9 Disclosure Statement VAB APPLICANT'S NAME Vt, Lerlr yr 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 t1SE ONLY/All disclosures must be updated two(2)weeks prior to any I Page 1 of 5 Plannin Commission and Ci Council meetin-,that.ertains to the a lication(s). n APPLICANT NOTIFIED OF HEARING DATE: 10.16.2020-WM {Er-- NO CHANGES AS OF DATE: 11.04.2020-WM 11 REVISIONS SUBMITTED DATE- Will Miller—11.04.2020— WWAa4vw Maier Valerie Taylor Agenda Item 13 Page 10 Disclosure Statement V13 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: Valerie Taylor If an LLC,list all member's names: If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 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 If an LLC, list the member's names: Page 2 of 5 Valerie Taylor Agenda Item 13 Page 11 Disclosure Statement 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. z '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 t 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Valerie Taylor Agenda Item 13 Page 12 Disclosure Statement APPLICANT/ Owner Virginia Beach YES NO L SERVICE PROVIDER(use additional sheets if needed) L-i� Accounting and/or preparer of Inc.untiog sonless, c.(William R.Johnson) U� your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed a n purchaser of the subject property I�X J (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents DKT Associates Land Surveyors Financing(include current ❑ 51 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El 154 Legal Services Real Estate Brokers / a pi 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 ❑ rn an interest in the subject land or any proposed development — �J , contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Valerie Taylor Agenda Item 13 Page 13 Disclosure Statement Virginia Rcac: 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 li tion. Viierle. r /a r APPucaN SIGNATURE PRINT NAME DATE _ Applicant/Owner Page 5 of 5 Valerie Taylor Agenda Item 13 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. Valerie Taylor Agenda Item 13 Page 15 r i \ 'I ' m i4 ,------,-- T11 i v „_____ . \_. T._ 1-44-, -.,- w -Driye—:- - -fir, LLJ ..---\'\_--• ,:;\ _L_IL___J, L-L-I -_-_-----.--- cry__A ‹ - 1,-- ----1- "-II\ CC �. '1 0_ I— 6.--- ti -2 L1J . /&at' . , 1 v---r--‘ Ia. ' \-----1'ET;.--->\'1"4.-i ----7---- ,.. H ikri 4 7 - ':4111. : *. .0 m 41 * 3 •X �---::„ .iic . � tier --'.- , ....,•...„.. . _ . __ - � cc \--;.Y--1,----'-'-'--1__"‘riii.. . VD 1,1__ I., . in.‘• ,. J. ' 1.12-0: ;, O o' -Rso- &Y4M°�41- lc V) I- _ Li__ __---1_4 _ __-fritiL -.7 ti---- 1:: ..--," . __ --- , N r --g___ i # -1___,1- — < / / :m, ,,,it, j if .p.- , (::. .,,,44i,,„--7. ... . ,,. - i elf- • _ w -- i - 7 t r--\ '' .� va Y; r -__- ' � jaoquy3ea $ --. te }-- / l Jl ) vq 5 ID ar d eN n c ND o l 1 Item # 13 Valerie Taylor (Applicant & Owner) Conditional Use Permit (Short Term Rental) 3644 Britt Terrace October 14, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Okay, we will move to item number 13. Valerie Taylor, Conditional Use Permit Short Term Rental for property located at 3644 Britt Terrace. Ms. Taylor: Good afternoon. My name is Valerie Taylor, and this is my husband Robert Taylor. Thank you for giving us this opportunity to state my case. So, we are the proud owner of that lovely house on 3644 Britt Terrace, we are local residents, and we did purchase the house so that we could accommodate the overflow of our families coming in because we have a large family and they are spread out across the globe. So, when they come, sometimes, children and grandchildren, we do not have enough space at our house, which is about 15 minutes away from there. So, we spent a lot of time and pride decorating it and giving it that home touch that we ourselves would enjoy because it was for our children and grandchildren. And, then we decided that maybe we could have a dual purpose. So, we decided to apply for the short-term permit, so, when we are not using it, we would rent it. In that way, we have access to it when we want it. We will be more in control, other than doing our long-term permit. So, we are asking you today to consider our application, so that we can use it when we want it, and at the same time, get some Short Term Rental when it is available. Ms. Oliver: Great, thank you. Ms. Taylor: Thank you. Ms. Oliver: I think there was a question if I recall was the extra parking space that you put in. Ms. Taylor: Yes. Ms. Oliver: So, I think there was a question of the material being used on that. Ms. Taylor: Right. Ms. Oliver: So, do you mind speaking to that. 1 Ms. Taylor: We are in agreement with all the recommendations from the Planning Office and we want to comply. One of the thing that we are environmental people, and we understand because we live about 15 minutes from this and we take care of our property and we like to see the environment. So, what we are researching right now is to see what type of material, because I really do not like that whole lot of concrete stuff. So, we are looking to see what material would be best not to make up, just to put the piece that the Planning Committee has suggested for us to make it more, because it is a lovely community and it is a lovely house and we want to keep it that way. Ms. Oliver: Thank you. Do we have any questions for our applicant? No, I think that is it. Thank you very much. Ms. Taylor: Thank you. Ms. Oliver: So, I will close the hearing now and open it up to the Commissioners for discussion. Do we have any speakers? Ms. Dozier: No, Ma'am. There are no other speakers. Ms. Oliver: Okay, great. Thank you. So, we are going to close it and open it up to the Commissioners to make a motion and or for discussion. Ms. Klein: I will make a motion that we approve the conditional use permit for 3644 Britt Terrace. Ms. Oliver: Thank you do I have a second please? Mr. Redmond: I second. Ms. Oliver: I have a second by Commissioner Redmond. Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: I am going to abstain since I was in the hallway during this of the presentation. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. 2 Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond. Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: Mr. Barnes is absent, Mr. Coston is absent, and Mr. Inman is absent. Ms. Cartwright: By recorded vote of seven with one abstention agenda item number 13, has been approved. AYE 7 NAY 0 I ABS 1 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham ABSTAIN Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 3644 Britt Terrace and the Short Term Rental use shall only occur in the principal structure. 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, one additional off-street concrete parking space shall be added to the existing concrete driveway and must always be available to the Short Term Rental occupants leasing the unit. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use. 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 4 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of 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 3641 Britt Terrace Virginia Beach,VA 23452 October 13, 2020 Dept of Planning&Community Development City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach,VA 23452 RE: 3644 Britt Terrace Gentlemen: We live across the street from 3644 Britt Terrace. We cannot attend the meeting on Wednesday October 14th. Here is our opinion on the change to"short Term Rental Use". We have lived in this house for over 40 years. It has always been a single family community. We do not wish to have short term rentals on our street. Strangers have been coming and going every week from many states since springtime. It has been a worry and concern to us. We do NOT want approval granted for the conditional use permit for short term rental at 3644 Britt Terrace. Yours truly, 7/uQtEcOaft Harold L. Burton Elizabeth L. Burton \ .ppL ' l G___\ rip co co ^Q `Street ....--- 40 -- -z---- t scree 2nd ___ , ~f R 2 f O �• ....... O R ,�-- ..... OR . _____\..4;6.4'?..(Dc)\ _ 70 c. N /// Site Shelley Gail Dagenhart W ,4 Property_Polygons 2113 Atlantic Avenue, Unit 2-B QZoning Parking Lot Drive Aisle Feet Building 0 15 30 60 90 120 150 180 „,,,,s.?(0_,,,Aklay:::.* [ 1, 4; y L`y jJ 4w� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SHELLEY GAIL DAGENHART [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2113 Atlantic Avenue, Unit 2B (GPIN 24271868788230). COUNCIL DISTRICT — BEACH MEETING DATE: November 17, 2020 ■ Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a 15-unit condominium on the east side of Atlantic Avenue. All 15 units have two bedrooms. Currently, 12 of the 15 units are used as Short Term Rentals and most have been operating in this manner without incident since the building was constructed in 1984. These "grandfathered” units are not associated with this request and are registered with the Commissioner of Revenue and have paid lodging taxes. The building has one reserved parking space for each unit and 10 additional parking spaces available on a first-come, first-served basis. The parking lot is gated. Therefore, only the owners, the property manager, and approved renters have access. Since most renters are families who travel together in one car, this parking arrangement has functioned well for over 30 years. According to the applicant and property manager, the on-site lot has been full only on a few occasions for short periods of time. In the event that the lot is at full-capacity, guests are directed to the 25th Street Municipal Parking Garage, which is within one-quarter mile of the complex. • Considerations: Being located east of Atlantic Avenue, where the predominant use is hotel, the proposed Short Term Rental is compatible with the surrounding properties and will not have an adverse impact on residential neighborhoods. The Zoning Administrator approved an alternative parking plan to accommodate the condominium as a group. Under this plan, the condominium association would continue to share the 10 unreserved on-site spaces to fulfill the requirement for a second parking space for the units used as Short Term Rentals. This approach is consistent with the stated goals and objectives for efficient use of parking and flexible parking standards codified in the Oceanfront Resort District Form-Based Code. Furthermore, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to Shelley Gail Dagenhart Page 2 of 4 two per bedroom or six total overnight guests, as well as a revised condition that limits the number of contracts in a seven day period from two to one. These modifications are indicated in the conditions below. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental 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. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 2B, 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. Shelley Gail Dagenhart Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 Shelley Gail Dagenhart Page 4of4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6- City Manager: Applicant & Owner: Shelley Gail Dagenhart Agenda Item Public Hearing: October 14, 2020 / City Council Election District: Beach f Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation __--- r— — 0iiiiiApproval 111111 Staff Planners Willi Ashby Moss &Jenizza Badua Location 2113 Atlantic Avenue, Unit 2B 1111 GPIN SI. 1iolit24271868788230Site Size1.0 8,367 square feet .. Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North _ ` ° 22"d Street Connector Park ^ —z - ram .,;'1 ,, Multi-family dwellings/OR Oceanfront Resort C _., , South , ,e; ;,# • Hotel/OR Oceanfront Resort + ` 'i `f_` �. East ,.:• 1' ; Boardwalk ; � ' ir �� ` Resort beach, Atlantic Ocean f1 i �,,.� , . West „ �- �°• J<•, Atlantic Avenue 1 ` a\ i ; ,,,.....1..; ti Convenience store, retail shops/OR egi►� .ycfai ; �F `. Oceanfront Resort �; a \ " tt "t' . ` '{` ,_ �, Shelley Gail Dagenhart Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • The subject site is 8,367 square feet and is zoned OR Oceanfront Resort District. • The six-story multi-family structure, known as Kamla Condominiums, has 15 two-bedroom units and was constructed in 1984. • There are 25 parking spaces on site: 15 are reserved for the individual units,and the remaining 10 are shared. • The entrance from Atlantic Avenue is gated,giving access only to owners and their guests. • Staff inspected the site on March 12, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • No past zoning violations or City Council actions were found for this property. Short Term Rentals in the Vicinity \ 1 �c, -c. i; .� ��� At' g f \S . 1 -.•cx\ ` (� - - t 11r 1 STATUS 5ree .. O ... � ® _, e- AAsti` PO :,"5::: bilk :. .044,„--- , - '-- ` _- ", , Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 Shelley Gail Dagenhart Agenda Item 9 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (as conditioned, maximum 2 per bedroom):4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of on-site parking spaces provided:2 (1 reserved space and 1 shared from pool of 10 extra spaces) t -', ' \\ \ -6- .c.- \t \,,. . Zoning History a # Request Q + \1\ ji,\ 1 CUP(Bar/nightclub)Approved 01/14/2003 3 2 CUP(Outdoor Recreational Facility)Approved 06/13/2000 A 3 CUP(Outdoor Recreational Facility)Approved 11/28/2000 CUP(Outdoor Recreational Facility)Approved 02/23/1999 OR R Si 1 C �-- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a 15-unit condominium on the east side of Atlantic Avenue.All 15 units have two bedrooms. Currently, 12 of the 15 units are used as Short Term Rentals and most have been operating in this manner without incident since the building was constructed in 1984.These "grandfathered" units are not associated with this request and are registered with the Commissioner of Revenue and have paid lodging taxes. Each unit in the building has one reserved parking space, and there are 10 additional parking spaces available on a first- come,first-served basis.The parking lot is gated,so only owners,the property manager, and approved renters have access. Since most renters are families who travel together in one car,this parking arrangement has functioned well for over 30 years.According to the applicant and property manager,the lot has been full on only a few occasions and only for short periods of time. In the event that this happens,guests are directed to the 25th Street Municipal Parking Garage, which is within one-quarter mile of the complex. Being located east of Atlantic Avenue,where the predominant use is hotel,the proposed Short Term Rental is compatible with the surrounding properties and will not have an adverse impact on residential neighborhoods. The Zoning Administrator approved an alternative parking plan to accommodate the condominium as a group. Under this plan,the condominium association would continue to share the 10 unreserved on-site spaces to fulfill the requirement for a second parking space for the units used as Short Term Rentals.This approach is consistent with the Shelley Gail Dagenhart Agenda Item 9 Page 3 stated goals and objectives for efficient use of parking and flexible parking standards codified in the Oceanfront Resort District Form-Based Code. As the property is in a condominium form of ownership,the board's President's signature, authorizing the application of a Conditional Use Permit for the Short Term Rental, is required and was provided. Lastly,the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduces the number of overnight guests permitted to two per bedroom (or six total overnight guests) and a condition revision that limits the number of contracts in a seven day period from two to one contract.These modifications are indicated in the conditions below. Based on the considerations above,Staff recommends approval of this request subject to the conditions below that incorporate City Council's desired modifications that limit the number of overnight guests per bedroom to two and the number of rentals in a consecutive seven day period to one. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 2B,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Shelley Gail Dagenhart Agenda Item 9 Page 4 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26,31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2(fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2 ) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes 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 or before September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. Shelley Gail Dagenhart Agenda Item 9 Page 5 City Council • As required by State Code,this item was advertised in the Virginia-Pilot Beacon on Sundays, November 1, 2020, and November 8, 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 November 2, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on November 13, 2020. Shelley Gail Dagenhart Agenda Item 9 Page 6 Site Layout Boardwalk - .; Q • . . _ ,,L. . iilli!L • ': r,:i — L a) & • 4 0 +' t t/) . .iH C (-NI1 O U i 2 ., , " '"-_-:_,___ ..:-,,, l ' D "' . , 1 I ( iii l ,. r T' = • 1 -- --- r 4 U ; err , . .r , '/ ir .._ / ` Atlantic Avenue Shelley Gail Dagenhart Agenda Item 9 Page 7 Parking Plan i. i ._____. De51inated Parking Space n 3 I a a —0 1 :i z Mt i n 1-h o'-f ,i.- .tiY. 4ti4 1 +✓fin Or'Ar 1 F r - ' . . la ' ' it 1.--.1': . . .. i- ranal; ve e�°^o ` . . --- 1, % TO I-i - . 1, f_ , ' y. i r ' o 1 - j ` t cr .� . •171. • i =a' 1 r 1 E-Guest:Parkini r- i - 10maq • i I i Di,: • Al-I-t.NTIC, • /4NV t.IVE Shelley Gail Dagenhart Agenda Item 9 Page 8 Site Photos , _ \... I _.._. ,...: — _ OW .__. .., .r...,.. .,_ I I 1----x ----- _ 1 _,_ _- 1 I. —_-..-_—_--- , Ec, , 7.• - _Iiiurip,CTMEll I 1 -irilli I 1. ' '_i _ _,4 • ,. 4 ..-----4-,- ----1 i . illii. - -- - .40,1vim..14 iiii ti K4/4LA . _ f---4. .------,-,,,,,- . ,i.. .. .. .. - ..,.. ---•.... :1, .., .., . tik t:-- II" ---_-_—,-...- k 1 rill 'g: • i :- t:-1'5:-• 111111111.111 - , — "tPF11111t ittP-11-- "v..- ____ .., ..a._ Ir._ !i'l.---- .- - - -, ; i a ' —; ?Sid*: •-4,,.-.--; . ,__.. ..,-., 7,-,-,-:-;:,:--- ; • t \ . . ... L . -..:.., iliii10111110114 11111iiiX°Iirl'',.::,''.'' .oreat it-,0111611t1'' ._---- 110011 111111Plip"Illitle!'- ..; 100111111,1101/11111.' - // - . -- - . _ . 1... .*:....t. -..,,.7.÷.... -... // ---- -------.___ Shelley Gail Dagenhart Agenda Item 9 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Shelley Gail Dagenhart 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: I Acquisition of Property I i Disposition of City Modification of by City ! Property 'Conditions or Proffers Alternative j Economic Development 1 Compliance,Special Investment Program I ' Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness i : Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay L Preservation Area i I Lease of City Property Subdivision Variance j Board Conditional Use Permit i License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 1f No changes as of 11/3/2020 AAA_ 1=1_ Shelley Gail Dagenhart Agenda Item 9 Page 10 Disclosure Statement 1113 dCheck 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:_S elify -{a4 f__T:54,3(1 irt— If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees. etc.below 'Attach list if necessary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 one if property owner is different from Applicant. Ei Check here if the PROPERTY QWNERIS NQT a corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation,partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:If an LLC,list the member's names: Page 2 of 7 Shelley Gail Dagenhart Agenda Item 9 Page 11 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 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,Ili)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 aooiicatiQf 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 Shelley Gail Dagenhart Agenda Item 9 Page 12 Disclosure Statement \B APPLICANT Virginia Beach I •YES NO1 SERVICE PROVIDER(use additional sheets if i needed/ n [j Accounting and/or preparer of your tax return Architect/Landscape Architect/ I Land Planner -1 ( Contract Purchaser(if other than ' L_ the Applicant)-identify purchaser and purchaser's service providers 4--.. .----A vAny other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors J [ Engineers/Surveyors/Agents Financing(include current I { ��} mortgage holders and lenders i r I selected or being considered to provide financing for acquisition or construction of the property) 1 1 E Legal Services Rea7 i Estate Brokers; Agents/Realtors for current and anticipated future sales of the subjectQro_perty • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n I 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? Shelley Gail Dagenhart Agenda Item 9 Page 13 Disclosure Statement Virginia Reach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, • I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAMF DATF a • Paoe 5 of 7 Shelley Gail Dagenhart Agenda Item 9 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. Shelley Gail Dagenhart Agenda Item 9 Page 15 5 vc 5+tW' t' e� \ 3 ii .. .nl et •-- -- „.___\ ,...____ ,l ,� ,\ -.. c .,,,iwit - _-7-77-17. r•-•: ' . 7: ' - i r - a-CITSCI- I 'i \I ____\ '% tipvrc ��. \; , ___. .., _ \ . __44sth -----.--------- \ - \et t .."-.. - 1, _ , .. ... ...•„ __ I„ 1„'M -t• • ,f ,, • 5 CD 4l • 1,4__ . i I _ . . i_______.',. . __) . --1-0 . . i•-..„7_:,....,...., al.------ \V i _____....4. • ___, \ ---- 1 .- t-� , . ___--- iirk ------1 ' . A' ---.?- -C--laY414'‘i-- . 'r--'1: 1. la It ---' '---------;c:--' ' STATUS , ,,-.00. \ __-- 0 Acproved I' • 0 Cenied A s , -' :::: r: ' " 4 iet d 11 � -- y r I. ti ti u �t ' � l '� t 1 1 '. :'t . Item # 9 Shelley Gail Dagenhart Conditional Use Permit (Short Term Rental) 2113 Atlantic Avenue, Unit 2-B October 14, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, sir. The next two items are the short-term rental that has been put on Consent Agenda. The Planning Commission places the following applications fora Conditional Use Permit for ShortTerm Rental on the ConsentAgenda as these applications meet the applicable requirements of section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this requestfor items number9 and 17. And, saying that I would Move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond 1 Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice ChairWeiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of nine to zero Agenda Items number 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number6 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 2B, 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 Departmentshall notify the City Council in writing prior to the renewal of any Conditional Use Permit 2 fora 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(numberof bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7) day period. 3 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 understate law, interconnected smoke detectors (which may be wireless), a fire extinguisherand,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 4 A _1 C;, fir. r, t , 1 \\\R5s R5S )\ f I Pinewood Drive .... \ _ R-SS� ,, - RS i 1 / , ri 1 N WA Site Andrew Kutsch Gregory W f � . E Property_Polygons 514 Pinewood Drive s Zoning Parking Lot Drive Aisle Ezi=smi=mict Feet Building 0 510 20 30 40 50 60 i ^'u�'�� F� � �'"sus', 44:k,J s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANDREW KUTSCH GREGORY [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 514 Pinewood Drive (GPIN 2427048415). COUNCIL DISTRICT — BEACH MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for a three-bedroom Short Term Rental on a 5,300 square foot parcel in the Pinewood neighborhood at the oceanfront. The existing single-family dwelling was constructed in 1977 and is on property zoned R-5S Residential District. The Zoning Office received a complaint in June of 2020, after the Short Term Rental had been filed, that the applicant was operating the use while the Conditional Use Permit was still pending review. The applicant was contacted by Staff and advised to discontinue the use until the Conditional Use Permit is granted. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the Planning Commission public hearing, the applicant clarified his acceptance of the 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 and the Staff report has been updated as well. • Considerations: There are three on-site parking spaces, thereby satisfying the parking requirement. As the property is within the boundary of the Residential Parking Permit Program (RPPP), while the Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the RPPP shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. The applicant recently installed a fence along the edge of the sidewalk to discourage guests from driving over the sidewalk and parking perpendicularly in the parking area. A fence permit was not obtained prior to installation and the location of the fence does require a deviation from the setback, as well as the installation of shrubs (Category I) along the roadway. Despite the outcome of this application, a fence permit will be required. Andrew Kutsch Gregory Page 2 of 4 In Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Staff received one letter of opposition from a nearby property owner on Pinewood Drive. There was one speaker in support, a relative of the applicant, and two speakers in opposition. The speaker in support, also owns property in the neighborhood, indicated that the applicant uses the property when visiting family in Virginia Beach as well as periodically offering it for rent to offset expenses. The opposition noted concerns regarding excessive noise from renters and a general opposition to the use due to the belief that it's an incompatible commercial use within a residential area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 6-3. If the City Council chooses to approve the requests, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 514 Pinewood 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. Approval of a deviation from Category I landscape requirements and setback for the existing fence in front yard. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is Andrew Kutsch Gregory Page 3of4 located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Andrew Kutsch Gregory Page 4 of 4 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department 0 City Manager: Applicant & Property Owner: Andrew Kutsch Gregory Agenda Item Public Hearing: October 14, 2020 44\)/31 City Council Election District: Beach 1 0 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation A .r ' �. E Approval " Staff Planner �•• Bill Landfair1100��• �• Location 1. •,�� 514 Pinewood Drive10,•� *" 11116111 *II , GPIN �, - �' 2427048415 � Site Size •��ft 5,297 square feet - '��5��' \ WO ii \ Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North . Pinewood Drive ' `'Y Single-family dwellings/ R-5S Residential , *= South Norfolk Pedestrian Trail i`' - -, Norfolk Avenue (I lei:, IF y# • , _ i a. East .o : ' {� ‘_ t 4?'- a Y 4- ' ".. Single-family dwellings/ R-5S Residential 'm '=, t "" `, 4•f' g Y g � - W st NI, Single-family e dwellin s/ R 5S Residential -. � y r ; t g —>1 ( � 7 is. gym. s Andrew Kutsch Gregory Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • The site is 5,297 square feet in size and zoned R-5S Residential District. • The existing single-family dwelling in the Pinewood neighborhood was constructed in 1977. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • City Zoning Staff determined earlier in the year that an existing shed and fence installed by a previous owner encroached into City owned land at the rear of the property. The shed was subsequently removed and a permit for relocation of the fence was approved on March 13, 2020. • Zoning Staff received a general complaint on June 12, 2020,that the applicant was running a Short Term Rental without a Conditional Use Permit. The Applicant was contacted by Staff and advised to discontinue until a Conditional Use Permit is granted. • The applicant at the Planning Commission public hearing stated agreement disagrees with City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity -1-1-i-- lit 0 nest+ /• i_. , .\----\ * ___ ____ . ,.__ ____ ,..6_,,), . C ti` t c ' i L4t `` - r-A \ \ a 0 i au �s31 , k l 110 lI \----'-----1 Se400ia Waq d;i! _ �� �(�V Sal p folk vIV gns }g — 7� tC�. --- _ 71- \ \ tirK y STATUS ' • Approved 00 y-' rS� - T Denied t. _ ~1 , 2 st - O Under Review k( .V t y - N. eta ry �41 ikU , 0 Registered w`='1, C"1 4t a -4i 1 1 '. f t+51'. — ,--1- 1_A-A--21 _- Andrew Kutsch Gregory Agenda Item 10 Page 2 Summary of Proposal The applicant is proposing a three-bedroom Short Term Rental at 514 Pinewood Drive. 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: 6-As recommended in condition#17 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 `y3V R-s�LI '111cP �` '° Q ❑ I Ina] ' c� '� No Zoning History to Report Q U Norfolk Avenu•. t„ �s� � ° guess Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a three-bedroom Short Term Rental within a single-family dwelling in the Pinewood neighborhood at the oceanfront. There are three on-site parking spaces, thereby satisfying the parking requirement. The applicant recently installed a fence along the edge of the sidewalk to discourage guests from driving over the sidewalk and parking perpendicularly in the parking area. A permit was not obtained for the installation of this fence and it will require a deviation from the setback, as well as Category I landscape requirements. The property is within the boundary of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling units through the RPPP will be limited to two for the residents of each dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. In Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application.The applicant stated agreement does not agree with the most recent imposed conditions limiting the calculation of 2 guests per bedroom and limiting the rentals to 1 per week. Andrew Kutsch Gregory Agenda Item 10 Page 3 Based on the considerations above,Staff recommends approval of these requests with the conditions listed below which include the conditions limiting the number of guests to 2 per bedroom and limiting rentals to 1 per week. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 514 Pinewood 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. Approval of a deviation from Category I landscape requirements and setback for the existing fence in front yard. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Andrew Kutsch Gregory Agenda Item 10 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020 and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020 and November 8, 2020. Andrew Kutsch Gregory Agenda Item 10 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 November 2, 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 November 13, 2020. Andrew Kutsch Gregory Agenda Item 10 Page 6 Site Layout & Parking Plan o-- -.L..„a a to} - NSF w ex*Mix CITY OF VIR131/41A BEN311 + 2427 � o . Shed has been removed ,_......_ s graw;;-1.E - e' 11//iitA i i q 1,... R ,•i II T CONCRETE '7J to \�'+�� -{ 11.5' '� ,fig, -.cot 1 7.5 R ti.\ f 5' `� 'a 5' �1 i��\R.��\il`Y 4.5s.3 s N,N.NN,N NNNNNNN LOT4115 ••„„.'`i„.34''''\...,,,, -....,,N. N.f . '` 'ENNN_NN c )1--i $ 8 1 STORY r ' :c 5 z L. 0) �� ropoosed 4 '' 1 . 3-8edroom STR .N:NN. ,,NNN, NN, ,_ 5,8' t u:,.. Rail Fence • 1 z I - . is �J �`' 1NEWOOD DRIVE —"7 . (SO R1W Andrew Kutsch Gregory Agenda Item 10 Page 7 Site Photos .--' , - •. - _. . .-341 ,,. . .. ..—41111111%., . . . .. .-, 4.,, ...- •1.. -- , •-r ,..' - . -,.- - _ - Pt 61.t-- —— '' .-4 -- . , — _...,.. .i. .'' '1;5-(- —4.11"... . _ . _ : .9-f- - -, t.- -1 iii • ". '-7",t "".,..' ,, . ..." •• `4„._..' - . ,, .."' •- # .`7 * • kJ- - . -, ,: *. .s. "‘ ..; !•,--''' ' 411',•. t',.# ' +T,,. . 1 .4. !: - •4 . _ , . _--_ __ ________ - - - - i •- 4,-. A.' 4 . • ' 4 'L.: : .. - . - . .. ..,., - • f- - . t 1 ._ e, - ' • , -, ...fk. .,.„ .-- f.ak • 3.11(' • /111 • -,*‘i___.-• 1, /- _xt•-•.,, _ - - - . _1 : , 1 —;)k—_. i -------11------------i ,: 1 1.1.7.1 — 4 2 - ,. 1 --- - -,- Mi ---"-- . , . . — ..- -- illgallarri7"-- - - , -_ 1 - - '--7------.,--- -`-.."----- , - -- .e:.;--...*. , - -- - .- • -- •••••=7A*--- . . ' ---, •.:4' J-i. -.. • --- ..--- . Andrew Kutsch Gregory Agenda Item 10 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Andrew Kutsch Gregory DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers _ Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning I Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area i Lease of City Property Subdivision Variance Board Conditional Use Permit i License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin that ertains to the iication(s). APPLICANT NOTIFIED OF HEARING Es NO CHANGES AS OF DATE: UN(jWo&RI, W•Liatsl4vAte. ❑ REVISIONS SUBMITTED DATE: Andrew Kutsch Gregory Agenda Item 10 Page 9 Disclosure Statement VB Virginia Beach 127 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT!S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_`'b 1") I'"41Sci-i G11-426re2/ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 r.-.- 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. 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 Andrew Kutsch Gregory Agenda Item 10 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Andrew Kutsch Gregory Agenda Item 10 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(nee add ded)itional sheets If E ® Accounting and/or preparer of your tax return n El Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) gConstruction Contractors CEngineers/Surveyors/Agents Financing(include current P1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ ID (l Agents/Realtors for current and I✓4 anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C linl 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 Andrew Kutsch Gregory Agenda Item 10 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA r meeting, or meeting of any public body or committee in connection with this Application. An%XOcc3 KiAiiH Y OisFR6e4i-• APPLICANTS 9 TURE PRINT NAME DATE Page 5 of 7 Andrew Kutsch Gregory Agenda Item 10 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. Andrew Kutsch Gregory Agenda Item 10 Page 14 ao \--- --------\--.V ‘Clifii ::\ , s'a -C-- '4----- --C---_ ----...‘c--,,' - 1 , . .r hf II ,, ,�/� - al,,,,, ..,,, , - - _-;::,--t. _ ...., . , • .: Ili A - � - OA Iliwo ---, +, .. ...... .,, 5 1.11. --V—. ,...„,;. ,31:- ., _ -..-......____, n' ` *ice c S-:`l„v..-: ' ice ---N___ £ - ....A\A,._,,,,... .\\\\ -.;:.-, bk ,:., -- al'i: -• AV'$‘t SI ----\ . ,\._......- 4 ----1, A % - j :: _...- , _ i,. 4g.)\, 1"-- tAi---\--- '''\-77 A \----- --7---;-v---- r _tr --Ur--- .--4'f la"__\,, , :2:: ., - .-7: 0,10110A 1111111 -6' _.. .-\ ' c . _ . 0,_ .t\'' -- ,., - a______,. , ..„ _____. ___ _ > :-____-- , ,,, _ , ___,„. .,,:.,,,,, ,,,,„,„, _J. ,,, _ . 0,; ........_ _.4%r A_.......*, .. i, - - 0 - ' V.W-V,:i.-- ' ....--\t ram • !. _—- Item # 10 Andrew Kutsch Gregory (Applicant & Owner) Conditional Use Permit (Short Term Rental) 14 Pinewood Drive October 14, 2020 RECOMMENDED FOR DENIAL— HEARD Ms. Dozier: Item number 10, Andrew Gregory, a Conditional Use Permit, Short Term Rental for 514 Pinewood Drive. Mr. Alcaraz: Madam Chair, I just need to disclose that I own the property adjacent to this applicant. It is a rental and it is not a Short Term Rental; it is a long- term and I will be voting on this. Ms. Oliver: Thank you. Mr. Gregory: Good afternoon. Andrew Gregory, I own the property at 514, Pinewood Drive. Madam Chair and the board I want to thank you first and foremost, for the Planning Commission, and their Staff and the massive effort that you have put forward to arrange this permitting process and today's hearing. Due to the pandemic all of us here in Virginia Beach have experienced hardship in many types and forms, and its Council hearings and permitting process, have not gone unscathed. In my particular case this permitting process is stretched from three months to depressingly over 10 months. Despite the frustrations, hurdles and hiccups, the Planning Commission Staff has been outstanding and I wish to take this opportunity to thank them for their professionalism. I consider being a homeowner in this neighborhood a true privilege. I am committed to meeting and maintaining the requirements of Section 241.2 regarding Conditional Use Permits for Short Term Rentals, as well as meeting my fiscal responsibilities in the form of STR related occupancy and room taxes. And, can agree to comply with all 18 conditions, per the report. I wish to state for the record my agreement with the Planning Commission and the City Council's spirit and intent of regulating this industry, love them or hate them Short Term Rentals are here to stay and have been an integral part of this community in the Virginia Beach Tourism Industry. They provide hundreds of thousands in revenue for the city every year, and of exist in our beachfront communities since even before the incorporation of this city. I commend the City Council in enacting section 241 .2 and look forward to addressing any questions or concerns you may have and working with you to achieve a conditional use permit that has 1 beneficial of and considerate of all parties involved. At this time I have no further comments and thank you for your time. Ms. Oliver: Thank you, sir. I just want to address one thing on our summary. Mr. Gregory: Yes, Ma'am. Ms. Oliver: Did it said that you disagreed with the City Council's recommendation conditions reducing the number of bookings in a seven-day period to one and limiting the overnight guests calculations to two per bedroom. Is that correct? Mr. Gregory: Yes, Madam. That is correct that I disagree with those conditions on my own personal basis are of those are the conditions that are required by the board today, and our secure this conditional permit and secure your recommendations. I will personally agree with them, but on a larger issue, I would disagree with them. If you would like I can comment further on those, but I believe there is two issues here my agreement with the requirement as a whole for the regular community versus my individual goals to achieve, working with you all to get a conditional use permit. Ms. Oliver: Understood, but you do understand that to disagree with that means you do not accept them, and so going forward it is either. Mr. Gregory: Madam, if I may. For example, we may disagree with the speed limit posted on a street, but we still comply to it, right. So, what I am saying is I do not necessarily agree with those conditions in my personal opinion, but I would wholeheartedly comply with the conditions that the board is asking of me. Ms. Oliver: I understand that, but in this case it is semi-black and white, you either agree to the conditions or you disagree with the conditions. Mr. Gregory: I apologize Madam, I think we are debating over semantics here. I am agreeing to comply with the conditions. I do not agree with them in my own personal opinion, but I will agree to comply with them for the board, if you would like I have further, comments on that. Ms. Oliver: No, that is all. Thank you. Mr. Gregory: Yes, Madam. Ms. Oliver: Do we have any questions for the applicant? Okay. Mr. Gregory: Thank you, Madam. 2 Ms. Oliver: Thank you very much. Mr. Alcaraz: Madam Chair, I just need to clarify my property is down the street, about four houses near that, not directly adjacent. Ms. Oliver: Right, thank you, George. With that, we will go ahead and close this and open it. Ms. Dozier: I have some speakers to call Madam Chair. Ms. Oliver: Well there you go. Thank you. We will keep this open then. Ms. Dozier: David Haddaway. Please state your name for the record. Mr. Haddaway: Thank you. My name is David Haddaway. I live with my wife at 528 Pinewood Drive about a couple doors down from 514. In all fairness to just like we are talking about owning a little bit down the street is also my son-in-law, my daughter bought that house as a vacation home. It is great to have your grandkids couple doors down, but now they are out of town, be nice to be able to have some rental income, so, that is all part of that. But, I am actually talking about the characteristics of the neighborhood and help the Commission understand the characteristics, because I saw one when you all has workshops on your PowerPoints said whatever you do about these CZO and how this stuff is, consider the characteristics of the neighborhood. How is this going to affect, is it going to negatively impact, is it going to maintain the characters. And, we have had long-term and Short Term Rentals on this block of Pinewood Drive the lower half of it between Mediterranean and the Midway. In the 10 years that we have been here, we have had at least seven properties registered or active or rented in long-term or short-term capacities. What is interesting is we are probably about the lowest point that we have been in 10 years with two active long-term rentals and this one proposed on Short Term Rental. And so, it is still within the characteristics that we have seen over the 10 years and has been a relatively quiet neighborhood. So, that is really cool about that part. But, the other part about the characteristics and some of those other negative impacts people talking about our parking, and traffic, and trash and all that good stuff, which is same thing my friends and family, while other cities do not have those problems down there at the Oceanfront, don't they have too much traffic and too much parking issues and problems and people and noise and parties. I am sure you all hear those things and whatnot. We do not really hear that on Pinewood Drive and we have it. And, when we do and I tell my neighbor that is when we do it's us local residents. We have a gathering at our house specifically 3 we will have 10 to 15 cars there for Thanksgiving. Across the street, they will have their choreography and dance club, and 10 to 15 cars people visiting there. Across the street diagonally from us, they will have a big old barbecue in the backyard and will hear music late into the night, but that is residents hearing music. It is not the long-term or the short-terms have ever been a problem. And, then traffic and trash again, I am sorry but it's us local residents and what as we do the, we see revitalization. It is usually a contractor or us doing renovations, putting out stuff for bulk pickup and our waste management teams I know they do a great job. When there is storm debris that comes first. Our drywall or whatever stuff we have been tearing out ourselves and trying to do, that comes later. So, those kinds of things happen, but that's been us. But, the disturbances on the street, minor in 10 years, so, we actually create more noise than our renters, and even a little bit further down the street I think we heard, like that. You do not hear from the renters, those are pretty darn quiet on our street. So, thinking about the characteristics, I saw that in your workshop, it was like, I am glad you all are thinking about the neighborhood. Ms. Dozier: Thank you for your comment, sir. Mr. Haddaway: So, thank you very much, I appreciate the time. Ms. Dozier: Next speaker will be Bruce Dubios. Please state your name for the record. Mr. Dubios: Yes, my name is Bruce Dubios, I am a retired military officer, live across street of 514 Pinewood Drive at 517 Pinewood Drive. I am currently in a process of tearing my home down and rebuilding, and I know there is a process to do that and I like to follow processes. I think, it is nothing you can do about it but these Short Term Rentals I just feel it they are getting out of hand when it comes to residential properties. We are R-5S, which is once again single family residential is turning into commercial. We are getting more and more, weekly rentals coming into the neighborhood. And, with weekly rentals, you do not know who is coming in, you do not know who these people are. They are here for a week to have a good time, they are on vacation. The previous owner of this property did the same thing and there were issues. There was noise. I think there was one time there was five to eight cars parked out front. And, they are about to get in a fight with each other. You just do not know who is going to be there for the week. Some of the other issues, I guess code enforcement. I cannot get parking enforcement to come down the street and enforce parking on the street. I do not know how they are going to enforce Short 4 Term Rental codes. It sounds like a good idea but it does not work, they are just not enforcing anything, I guess we have to call the police to come over and break it up, but that does not help anything because the codes still are not being enforced it is just fixing the problem short-term. The house has been rented out all summer long on a weekly basis before this process is even complete. I had an issue with that. The house does not comply to the City Code, it has got a bathroom on the side of the house that was never permitted properly and encroaches on the side of the house. I mean, I say that because I am having to abide by City Code, expect everybody else to have to abide by City Code when I am building my new home. It looks like an industrial all the way around concrete everywhere, parking lot in the front. He has been forced to put a fence up to, I guess, satisfy the city for parking at the house and it just does not even look good. So, once again be in the neighbor living right across the street I am just not in favor of Short Term Rentals in general. So, that is all. Thanks. Ms. Oliver: Thank you. Ms. Dozier: Daniel Neveu. Please state your name for the record. Mr. Neveu: Daniel Neveu, I do not how to say it, my parents gave me that name, so, it is what I got. So, I want to say good afternoon, ladies and gentlemen of the Planning Commission and I want to thank you all for the service you do for the City of Virginia Beach, I know it is a tough job to do and it is even tougher with this pandemic and I hope everybody is healthy here today, families as well. I have been living at 515 Pinewood Drive, now since 1994, we rented it for three years. We decided we were going to buy, we bought it in 95 and in 99, we decided we were going to build our dream home. So, we are going to tear it down, but we realized we needed a variance. So, before we move forward with all that, we went to the neighbors got the variance. And, we were approved for the variance went through the whole process. Fast forward we have seen the neighborhood come and grow I mean, a lot of houses have changes, a lot of development going on down there. My wife used to be in part of the Civic League, we are kind of in a limbo kind of place where a little bit of history of the neighborhood, Pinewood used to let out by the 7 11 , at Pacific where the 7 11 is. And, then they close the road down, and that was a wonderful thing because it cut down on through traffic from Atlantic and Pacific cutting down our street, cut down to Mediterranean. So, that was the wonderful thing and it essentially made the neighborhood, a little bit of a gated community because the only way in and out is Pinewood or Lake. 5 And, in the fluxed of all that, our Civic League was kind of, we were like the redheaded stepchild so to speak, we weren't part of Shadowlawn, we weren't part of Old Beach. At one point, we had our own Civic League. And, so, we used to try to monitor these things and issues as they come up and for whatever reason, that kind of fell by the wayside. So, I do not even know where our Civic Leagues are on this whole issue of the short- term lease. And, that is all well and good, because in my mind that boat is already sailed to some degree, but I do appreciate the way you all have it set up, where each applicant and variance is its own unique individual case. In my instance, I live directly across the street from the applicants dwelling. Before they bought it, the person that was there had a Short Term Rental and I was not happy about the idea of them doing it, but I do not want to tell somebody to do what they can do with their property. But, I was a witness to how that went on, and the comings and goings in late hours of people and all that. I did not like it, I did not enjoy it, they were late hours at night, gatherings into the street. And, I think it is two different people you got, people who are homeowners who are in it for their, they are building a home they dream, and that is where they want to be, that is where they want to community. They want neighbors, whether you know the neighbors personally, or whether you see them and you give them their some side of the street. Ms. Dozier: Thank you for your comments. Mr. Neveu: You know who they are, they have a schedule, you know their comes and goings Ms. Dozier: Thank you for your comments, sir. Mr. Neveu: So, personally I. Ms. Oliver: I am sorry, but your time is up, but I would like to just a quick question. Mr. Neveu: Yes. Ms. Oliver: Are you for or are you opposing or. Mr. Neveu: I am opposing. Ms. Oliver: Okay, that is. Thank you very much. Mr. Neveu: From the history of what I have seen from living across the street. Ms. Oliver: Thank you very much. 6 Mr. Neveu: Thank you. Ms. Dozier: Madam Chair, that is all the speakers for this item. Ms. Oliver: Great, thank you. Do we have any. Yes, Graham. Mr. Graham: I was just going to, - is this a concrete front yard. Ms. Oliver: It does appear to be. Mr. Graham: And, has the applicant been doing Short Term Rentals this summer. Ms. Oliver: We can ask him back up. Sir, would you please come back up? If you state your name again for the record, please. Mr. Gregory: Yes, no problem Madam. Andrew Gregory. Sorry what was the question? Mr. Graham: Have you done any weekly rentals this past summer. Mr. Gregory: In the interests of honesty and full disclosure, yes. I have done a handful of rentals this summer. But, this needs a full story and you can talk to your Staff if you would like, my original hearing date was May 13. And, as mentioned earlier in my opening statements I began this process, back in 2019. Hence, I am not the kind of person to well raise of the pandemic and blame it, but this is a distinct example where things got delayed. cancelled as many as I could, fiscally within fiscal reason as I could without taking a huge fiscal burden on myself, as well as considering that I had actually thought of this, that this process may go long that it may be extended into the summer and I may not be able to guarantee that income. Therefore, when I purchased the house in the fall 2019, I set aside six months of reserve funds to support myself and my family as a vacation on as it would be, I had, had no way to plan for 18 months of needing reserve funds and I think any small business owner would attest to that. So, it was a balance of canceling what I could and accepting rentals I could to manage my finances to get through the next season and get through this hearing process. Mr. Graham: Okay, thank you. Ms. Oliver: I have a question for you, Sir. Mr. Gregory: Yes, Ma'am. Ms. Oliver: You used a word that is interesting "small business". Mr. Gregory: Yes, Ma'am. 7 Ms. Oliver: So, you do not reside in this house I take it. Mr. Gregory: No, as I mentioned it was purchased as a vacation property to visit the in laws. Ms. Oliver: Okay. Mr. Gregory: And, my mortgage says as such I paid a large down payment to purchase it, so. Ms. Oliver: Okay, so it is a business. Mr. Gregory: It is a location of a business as your own records will attest, I have my business account through the city. I have written here business account number, I apologize I did not wrote it, 8000 and some. Ms. Oliver: No it is fine. Mr. Gregory: I believe by the city standards, I need to call it a business in order to collect the appropriate taxes and pay the appropriate taxes. Ms. Oliver: Okay, thank you. Mr. Gregory: Yes, Ma'am. Ms. Oliver: We have any other questions for the applicant? Oh, sure. Can you speak to the front yard or the concrete pad. Mr. Gregory: Yeah, I mean you can see in the pictures, it is a large concrete pad that was there when I purchased the home and it is been there for many years, it is how it is, if you were able to zoom out and look on Zillow, many of the properties around there have similar functions and actually I have a smaller apron maybe 12 or 16 feet. Most of the properties up or down the street utilize a maximum 24-foot apron, so, in terms of encroachment on easement, I am actually less than most of the neighbors and what is standard around me. In terms of compliance and appearance and my mentioning of this process, I did not want to belabor anyone with details. I work diligently with Bill Landfair and Kevin Hershberger. I actually returned 250 square feet of property on the back of the house, that the previous owner had taken from the city. I tore up 250 square feet of concrete, as well as a 20 by 20 foot shed that I had to tear down, as well as the fence that had to be moved in approximately 15-feet in order to bring the house up to code. As you can see there in the previous survey from the previous owner. I take the moment a little diversion here, but to address the comments of the two individuals referencing the previous 8 owner, there was a previous owner. It is not me, it is not germane to this issue. I will run and can attest to running a high end property. I have invested 10s of thousands of dollars in this property in the betterment. If we had the ability to show pictures you could see the before and after Zillow of the interior, which has been fully renovated, furniture, painting, fixtures, plumbing, multiple water issues that the previous owner had not addressed that I spent time and money addressing on this property to bring this property into the modern day, and to make it a high quality place for my family and other guests to stay it. Ms. Oliver: Great, thank you very much. Mr. Gregory: Yes, Ma'am. Ms. Oliver: With that, we will close the hearing and open it up to the Commissioners. George, or anyone? Mr. Alcaraz: I'd rather hear from other Commissioners, if any? Ms. Oliver: Nobody has anything to say. Go ahead, Mr. Inman. Mr. Inman: Having heard the opposition and considering the location of this property, even before hearing about the inappropriate use of it before having a permit or having a conditional use permit, I do not see this as compatible with a neighborhood at all and I would make a motion to deny it. Ms. Oliver: Yes. Mr. Graham: I agree with Mr. Inman and I will as well be voting against it. Ms. Oliver: Yes, Mr. Redmond. Mr. Redmond: Can I ask why? Mr. Graham: I do not feel like it is compatible with the neighborhood. The applicant also was doing Short Term Rentals over the summer. And, we heard from two homeowners on the street. You are really speaking about the character of the neighborhood. I just do not feel like it is a compatible use. Ms. Oliver: Go ahead. Mr. Weiner: I disagree, respectively, and I am going to support it. I think one of the main reasons we actually, I noted some other people came in to talk neighbors but one of the main reasons we were going to hear this one because the applicant did not agree with the conditions. Besides that it 9 might have been, nobody came in to speak it would have went right straight to consent. So, I am going to be supporting. Mr. Alcaraz: Alright, thanks. I mean, he meets all the criteria, he meets all what's asked for, but one thing I weigh in is on the neighbors, the neighbors are very important and having said that, I cannot support it after hearing the opposition. Ms. Oliver: My concern goes back to along with the neighbors, but it was the disagreement with the conditions and granted, he mentioned that he agreed with them but he disagreed with them I am not quite sure exactly what that leads to at the end of the day. And, so, with that I am just, cannot support this one. Yes, sir Mr. Redmond. Mr. Redmond: I am not sure you are being fair about that. I have heard very clearly to say he intended in every way to comply with the conditions. So, you do not like him is one thing. Ms. Oliver: Sir, I am sorry. (addressing a raised voice coming from audience) Mr. Redmond: There are lots of people who do not like the conditions. He made very clear he intended to comply with the. I mean I think he is right you are getting way too caught up in semantics about that. The reason I asked a question, I am trying to get a handle on what constitutes incompatibility with a neighborhood. May I can say that about every single application and every single neighborhood, I am just trying to figure out what that, means I do not disagree with you, I am just trying to get a handle on with the everything and this thing is said. Ms. Oliver: Dave, I am sorry, I am going to interrupt you one more time. Sir, if you burst out one more time, I am going to ask you to leave the building. Mr. Gregory: Oh, I did not burst out Ma'am, I am sorry. I thought you just want me (inaudible 01:34:20) Ms. Oliver: No, sir. This is closed and we were speaking amongst the Commissioners, I would appreciate if you would not do that again. Thank you. Mr. Redmond: What I am trying to get at is something more objective. I do not know, I mean, there is no checklist that said what is or is not. So, I am just trying to understand what constitutes incompatibility. I do not necessarily disagree with you, I am just trying to get better handle on it. 10 Mr. Graham: My position has been, if it is East of Baltic, correct or wrong this is West of Baltic? Ms. Oliver: Yes. Mr. Graham: Okay. That is where my position since we talked about Old Beach. Ms. Oliver: This is not an issue. Mr. Graham: I know, but several weeks ago we denied an application that was just over in Shadowlawn that I thought was even more likely to be a Short Term Rental. But, we denied that, we heard opposition from the neighbors who felt like it was changing the character of the neighborhood. I feel like this changes the character of the neighborhood and I am going to vote against it. Ms. Klein: I take more issue with the fact that it was operating before the hearing, and I can do my best to empathize with the situation that they are in about being out of work and it got pushed from May to October, so, that is the conflict I am considering right now. Mr. Inman: I'll help Dave understand a little bit, where I was coming from. It bothers me when it is a nonowner occupied property, it is therefore more prone to have more rentals with less supervision, in a neighborhood like this, and as Whitney says west of Baltic it just does not fit. Ms. Oliver: Alright then. Do I have a motion? Mr. Inman: I made a motion. Ms. Oliver: You made a motion, Mike made a motion, and I believe the motion was to deny. I need a second please. Mr. Graham: I second the motion to deny. Ms. Oliver: We will go ahead and call for the vote please. Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. 11 Mr. Horsley: No. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: This is yes to deny, is that right. Ms. Oliver: Yes. Ms. Klein: Okay. AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: No. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: No. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of six to three agenda item number 10, has been denied. AYE 6 NAY 3 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley NAY Inman AYE Klein AYE Oliver AYE Redmond NAY Wall AYE Weiner NAY 12 CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 514 Pinewood 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. Approval of a deviation from Category I landscape requirements and setback for the existing fence in front yard. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 13 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 14 From: Steven lafata To: William R.Landfair Subject: CUP short term rentals Date: Monday,October 12,2020 6:04:54 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to voice my opposition in the issuance of the CUP for a short term rental at 514 pinewood drive,Virginia Beach, VA 23451. The address in question has been a short term rental for 5 years now,4 of which were operated by the previous owner and done so not in accordance with the regulations and conditions at that time. The situation with both the previous owner and the renters that they housed was far from appealing and not at all a pleasant one. Though the current owners are much more pleasant and neighborly,the continued use of the property in question is not. In fact,far from it;the constant noise,comings and goings, not knowing who your neighbor is, ect. is far from comforting and not at all what any of us moved here for. That is to say, it provides an unsafe element and feel every few days or so that was not here before the CUP's for short term rentals were available. It has definitely changed the fabric of the neighborhood and not for the better. I've resided on Pinewood Drive for over 10yrs and having spoke with many of my immediate neighbors,though I do not speak on their behalf, I've concluded that none of us care for what Short Term Rentals brings to our neighborhood. There is absolutely zero benefit from STR's, it is absolutely not what brought me to this wonderful street in Pinewood Park. This has been a working class neighborhood since before I moved in and almost all of us get up and go to work in the morning and come home,sometimes very late,to a quite place to relax. STR's do not help us maintain this type of atmosphere and the more that are allowed, will certainly not help moving forward. You will likely hear things that contrast my personal points of view and it will most likely come from the family members of the applicant, who also live on this street, and/or from others who operate an already compliant STR. Thank you for taking the time to read this and please consider my points when making your decision. Steven G. LaFata (and Venessa Mintel) 516 Pinewood Drive VB,VA 23451 Sent from Mail for Windows 10 1 , , . . W ....\ , \oe\, Ah. cnD ,' e �ii o c, . co F- C.') .., Q 10 d . , Z I ' --0 \ -- L co - , ` N 4 Avarua ---------- I III 0 NI c4 rroean " ,,MedIte A o N a a i\l__. ' 0 CO ' \'.5? ''' 4•0 C 12 0 % Cr) 'cr \-0 1 • 40 ❑ to 0'it: to 4) ill \ _ _„____Acts N �� w\-\' VI _____--- To Le) , , i . ..: \li \ 0\ . (1) aroc - cau0 6----________ •07, _____ _ __ cf),120 O E. >, J O 2n � rv° a m 4,,,rer-L:si,, ;, k. 4.1 l t J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SEAN REILLY [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 604 23rd 1/2 Street (GPIN 2417982907002). COUNCIL DISTRICT — BEACH MEETING DATE: November 17, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 6,370 square-foot parcel containing two single-family dwellings zoned R-5D Residential District (Old Beach Overlay). The applicant owns one of the two units on this site and the request is limited to that unit. According to City records, there are four bedrooms within the subject dwelling. Three off-street parking spaces can be accommodated on the property, one in the garage and two in the driveway. A fourth off-street parking space is proposed within the 25th Street garage, which is 0.25 miles from the applicant's property. The maximum occupancy for guests on- site after 11 :00 p.m. for a four-bedroom Short Term Rental is twelve; however, at the Planning Commission public hearing, the applicant indicated agreement 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 Old Beach Overlay and was included in the original subdivision plat created by the Virginia Beach Development Company in 1915. The Old Beach community includes an assortment of development types. Generally, properties east of Baltic Avenue tend to be zoned for higher densities as compared with properties west of Baltic Avenue. The subject property lies west of Baltic Avenue and was redeveloped in 2015 with two single-family dwelling condominium units. City records note the subject address as containing four bedrooms; however, the applicant has expressed a desire to convert one bedroom to a different use such as a home office. Staff instructed the applicant to discuss the possibility of reducing the officially recorded bedroom count with the City Assessor's Office. Subject to a bedroom reduction by the City Assessor's Office from four to three, a condition is recommended that limits the dwelling to a three- bedroom Short Term Rental. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan, which includes the use of the 25th Street garage if necessary and deemed it acceptable. In addition, Section 241.2 of the Zoning Ordinance pertaining to Short Term Rental can be Sean Reilly Page 2 of 4 reasonably met by the applicant; however, an additional condition is recommended assuring the garage will always be available for the Short Term Rental occupants. As the site is located within the Residential Parking Permit Program, a condition is also recommended that limits the number of RPPP parking passes to two and prohibits the issuance of guest temporary passes through the program while the Conditional Use Permit is active. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 604 23rd 1/2 Street (a.k.a. 23rd '/2 Street) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. A fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. If, at the request of the homeowner of the subject address, the City Assessor's office reduces the official bedroom count of record from four to three, bedroom #3, as noted on the floor plan found in this report, shall not be used as a bedroom when the home is rented or leased for Short Term Rental purposes. In addition, such reduction would also eliminate the need for one off-street parking space. Thus, only three off-street parking spaces would then be required. 7. 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 Sean Reilly Page 3 of 4 Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms 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). 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. 11 .To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 14.Accessory structures shall not be used or occupied as Short Term Rentals. 15.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. Sean Reilly Page 4 of 4 16.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 17.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 20.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department `�0 City Manager: Fh-6-) Applicant and Property Owner: Sean Reilly Agenda Item Public Hearing: October 14, 2020 City Council Election District: Beach 12 c,,,,of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation t , .toaRo ad or,street 10e9, 291n 5tr es, Approval - A'" 2sth Suer` 4111111.11. 'a -t, - Staff Planner , a 27th ,., St William Miller VPS�' Z6tn street NaN greet. 25th q,0 suet _\ 1 2e0h SUeet Location • 604 23rd %2 Street - '� .srstm , z_rd street -1 /�.li. met ✓ �S ^e Street.._ -1 ` A t:rNd".' , G PI N in AS t—.. Nab s"`et Oat 24179829070002 2„t 5tree` Iwo. Site Size 6,370 square feet Alla: lookrAwm lio Existing Land Use and Zoning District Two single-family dwellings/ R-5D Residential (Old Beach Overlay) Surrounding Land Uses and Zoning Districts • North _-r- t '' ,' , 24th Street '' k.,, ,,,,___„ Virginia Beach Middle School / R-5S Residential ,Jlie. • \ r (Old Beach Overlay) 2Athstte�t I d .... South ' ' ry r .0. 23'd%2 Street (alley) oP r. lt t ' Single-family dwellings/A-12 Apartment (Old Beach Overlay) " F: ' - _ , y ` East ,,,a4 .►. { A - Single-family dwellings/ R-5D Residential (Old0A \. . V ` Beach Overlay) ' r�t,,tcs�s� ,; t West "n Single-family dwelling/ R-5D Residential (Old 01 #' =' , Beach Overlay) :....„1„,iiiialikra .., �`` Sean Reilly Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,370 square foot lot is located within the R-5D Residential District (Old Beach Overlay) and currently contains two single-family dwellings; however, the applicant only owns the subject unit at 604 23'd Yz Street. • According to City records, the subject dwelling was constructed in 2015 and contains four bedrooms; however, the applicant has expressed a desire to convert one bedroom to a different use at a future date, such as a home office. Staff instructed the applicant to discuss the possibility of reducing the official recorded bedroom count with the City Assessor's Office. If the City Assessor's Office reduces the bedroom count from four to three, the applicant has agreed to a recommended condition barring that space for bedroom use when the home is rented or leased for Short Term Rental purposes. As a result, condition#6 is recommended to address this scenario. • Staff inspected the site on August 7, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant agrees with City Council's recommended condition limiting the overnight guest calculation to two per bedroom. • The applicant neither agrees nor disagrees with City Council's recommended condition reducing the number of bookings in a seven day period to one. Sean Reilly Agenda Item 12 Page 2 Short Term Rentals in the Vicinity t.i- 1:-. Sit Al\-t_1-----,1-\'\\ \ str12,47:1-*1.- -\cl,----.: II OR t �N _, A I ' - \‘‘ � teat ` _ 1 C I:ii; ' er------ - ' es) 1 %-- t`tltv 4 1:1101---\ ——--—— \v- ' - \ --- rr it ' 4741b. — _ ----jilt I , tv _W . a \ sr 4# 4,- -\\-- k et, -1..e31._11_, --,--;--co, ,.1 ...... ._ I.0 i ra �r z • ;.--1---.:\ , .� ,- rtlt ; �" v e �1:::-�.6 r m "��_- '�� ge � . '� 1 STATUS m 11 -' y F` •• Approved i _ i . .r • Denied —T t ee _ � Q Under Review �� ..\\-\ \-: �''� 0 Registered �l 19th'Slt Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 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#17 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided on-site and off-site: 4 (2 in the driveway, 1 in the residential garage, and 1 in the City parking garage on 25th Street) Sean Reilly Agenda Item 12 Page 3 R-53 240 3104 afri Dik y 443. " i� No Zoning History to Report \RI* Ilk reolt to 0 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Old Beach Overlay at the oceanfront and was included in the original subdivision plat created by the Virginia Beach Development Company in 1915.The Old Beach community includes an assortment of development types and uses with Baltic Avenue acting as a separation line between higher and lower density zoning districts.Specifically, much of the property east of Baltic Avenue falls within a higher density apartment zoning district, while much of the property west of Baltic Avenue falls within a lower density residential zoning district.Admittedly, exceptions to this statement can be found both east and west of Baltic Avenue.The subject property lies west of Baltic Avenue, was developed in 2015,and contains two single-family dwelling condominium units. For clarity, it should be noted that the applicant only owns the home associated with this request. City records indicate that the subject address contains a four-bedroom dwelling; however,the applicant has expressed a desire to convert one bedroom to a different use at a future date, such as a home office. Staff instructed the applicant to discuss the possibility of reducing the official recorded bedroom count with the City Assessor's office. If the City Assessor's office reduces the bedroom count from four to three,the applicant has agreed to a recommended condition barring that space for bedroom use when the home is rented or leased for Short Term Rental purposes.As a result, condition#6 is recommended to address this possible future matter. The applicant's parking plan depicts three on-site parking spaces and one off-site space.The on-site spaces include one in the single-car garage attached to the home and two in the subject address driveway.The off-site space is located in the 25th Street parking garage, which is 0.25 miles from the subject site,and will be leased on an annual basis.As required, the applicant provided Staff with the appropriate off-site parking intent-to-lease form and condition#5 is recommended to address this proposed off-site space.As permitted by Section 241.2(1)of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. The requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rental can be reasonably met by the applicant; however, an additional condition is recommended assuring the garage will always be available for the Short Term Rental occupants and, since the site is located within the RPPP, another condition is recommended that Sean Reilly Agenda Item 12 Page 4 limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest temporary passes through the program while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.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 and reflects the current proposal of four bedrooms in the short term rental. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 604 23rd%Street(a.k.a. 23'd 1/2 Street)and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. A fourth (4th) parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. If, at the request of the homeowner of the subject address,the City Assessor's office reduces the official bedroom count of record from four to three, bedroom#3, as noted on the floor plan found in this report, shall not be used as a bedroom when the home is rented or leased for Short Term Rental purposes. In addition, such reduction would also eliminate the need for one off-street parking space.Thus,only three off-street parking spaces would then be required. 7. 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. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms 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). 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. Sean Reilly Agenda Item 12 Page 5 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. 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 16. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors, shall be installed in each Short Term Rental. 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. Sean Reilly Agenda Item 12 Page 6 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Four letters of support have been received by Staff related to this request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, September 27, 2020, and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020, and November 8, 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 November 2, 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 November 13, 2020. Sean Reilly Agenda Item 12 Page 7 Site Layout & Parking Plan 24* 'P;�,, STREET 9' x 18' parking space ---- macs.roe. 1 9' x 18' parking space I 4 . L in the garage ` The 4th parking space will coloalt w *4 be leased from the 25th "'I Street parking garage (310 25th Street). The 'ar 'Z°°• `'r )— garage is 0.25 miles Geta `s"'° (1,330 feet) from the 8 OM�smm subjectproperty.� 2 Ef-SR7R+M 4 f.-�- a l4 Ewmr vuwccoast irOote 10Y II -.so;su;— i!3$ a a' WO 8 ,.., $; iafe. cumin /-Now `I ya to�ilk's N•e a.(iifiaat* *SI J.s pp rap ii./S ror ca SW, t�+wEr g 1 1604 21,x sTRtrr t/2-stow Fut �„�„ rn+WM snMG ,.iir.4` US Will- -1 .:1 -I lr S zs, 2 3 ,i 57 Edge of alley pavement � 0000' ........ 11..1 - -1 2301 %: STREET (20•R/fr)(Azar w+r- vs s sv ,at) Sean Reilly Agenda Item 12 Page 8 Floor Plan Concrete Patio Concrete Patio Bedroom 2 Halhv,n Living Room/Kitchen L ... . a ..._ u ti d t ' - Y . Dining Room Bedroom 3/Office 1-Story Covered Front Porch 15t Floor 2nd Floor (onci die 1Fiti o Redman a t 3rd Floor Sean Reilly Agenda Item 12 Page 9 Site Photos % - t.. -... ftril gil ' Jam- R•• //n R icy �o. A'- -`.y -� _.rl„a M''. 1 1 _ ,. 1 . 111 604 23 % Street t Nk 4 Li Ns, ..... ' 0 E. , ...... ....„....,, 0 , \ . . .... , . _ . . . , _ .. _ . . , „. ...... ir , ..:::: :: ' 7,150111"X ' - ' ..,..„ g, i . , ' ,i - - ' - L., .... , , . , .._._ .. . _ ., .. t. .. .. .., . [.... -7, {,... . , ...,,,„, , ,.,t s ,...; ,, `... .,..�. _..► L„e ,__. Sean Reilly Agenda Item 12 Page 10 Site Photos .. ! wta r .0.7 1 `-'�l a 'E. El. 'ID _____-,,, // Itj! , • 3 Eii /.. IL ....., _ . ..., ,..- ....„ \ .. , ......,.., ,.. , _,... ,. . ii,....„ _, , , , . , .., i..,, 1 ,_ „... . . j .... . ,.,, 4. z *e - . "4 _ _ ` - - •- - Sean Reilly Agenda Item 12 Page 11 Garage Photos la 'wit 'f Si • II MN II ma II MI al ----- -- - --- Mt 6 MUM • =t r _. _1r — a / _ ,ice.` - - ... . • . . , ........ . 4 .. ...„.. ._ _,_ ... _. ,. ._:_, ___________., __ ______ ___ \A _ ___ _____ _ _ _______„ . \,..................,_________ .,...„,..*_ ___________________ ,-,„ , _ _________ _____________.„ _________ _ ... ._ _ _.:=.. , .,...„.. .., T ___ � --74,00,..„.,,,,, ,,,,„,: . ,, ' ,. _, . , __, . ,. _ _ .., . • ,-, :, . _. ,.. ., ,,,,,.:, .,,ir, ,Z77....,r72:,r, ,r- - ,. . Ai . 1 T. L., t.,. Iv 'I '',,,.'. '''i : t'll:: '-') 1.' '-':--li' fi"---3H- --11.---1 '''....- ;1:-.,11111‘1(1‘..7L'io".„:711111,..11117.-i'41*.4..torir„...1:1-..z. .'• - : "... 1-: 'It 1/ 1. • , , iS ,,,,,,i, • -' ---' co Sean Reilly Agenda Item 12 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME seen Reilly 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 LWetlands Board 1 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 ipdated two(2)weeks p!.or to an Page 1 of 7 P:annin,Commission and City Council meetinu that i;ertams to the a,ulication(s). APPLICANT NOTIFIED or HEARING DATE. 10.16.2020 WM d NO CHANGES AS OF DATE 11.05.2020-W M ?rVISIONS SIISMtTTED DATE Will Miller-11.04.2 0 2 0— W LU,t;a vw lvl I Uei' Sean Reilly Agenda Item 12 Page 13 Disclosure Statement 1‘73 Virginia Beach ® Check here if the APPLICANT__/S 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:Sean Reilly 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 r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 .�, .._.. ..... .s._> 1 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 Sean Reilly Agenda Item 12 Page 14 Disclosure Statement 71/4713..0 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(I) one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 0 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 Sean Reilly Agenda Item 12 Page 15 Disclosure Statement \fi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Inl Accounting and/or preparer of I,\' your tax return ri hl Architect/Landscape Architect/ t,\I Land Planner n Contract Purchaser(if other than n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property I/\I (identify purchaser(s)and purchaser's service providers) X Construction Contractors nn Engineers/Surveyors/Agents Financing(include current PennyMac X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ nX Legal Services Real Estate Brokers / IXl 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 InI 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 Sean Reilly Agenda Item 12 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 1,y public body or committee in connection with this Application Sean Reilly l/b1tit, APPLICANT'S NATURE PRINT NAME D TE Page 5 of 7 Sean Reilly Agenda Item 12 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Sean Reilly Agenda Item 12 Page 18 . e . r r ` '1 �; � v _ �-� t { a f' Ar � -1 � - _� � e nue• ►;$', iti eo, .§11 .- c...- \ ,,....--2\ 70-4110. 1 11 Viiiiiii.'\'' r y -1 4:-?:-::\ \--)1\--.13C,-- ,--"7---?•-•- UJ =--" -7„:_s --1 -:3,....005S- ' 11111. e% . . - CC ---ii-, .--\ _R.r..---,11__._--A- C -) an H ------1V-..,c4, \I:\ ,ts -\.,...1\--_-_-_-4i .0,454 ..-114_,--- 44 % . ''-1 g*--------1),.\,----1 i NI 1--'ri'ti ti y Sti --\ \..,,._ V__,\ LO --0 %."' .11113 \:: \ \IIS k.--- . `ado .,.:: � � Yf r s Pin \_, . ---- 11\t„te \\\ ___-- ‘.---- z A y 'to '' t 1M__� enu (r) 10,00.111.1 V , --.. 0' \‘ ----------L------------\' \ .40 i o v ;, vs ^4/... a o �� I" ai00 Item # 12 Sean Reilly (Applicant & Owner) Conditional Use Permit (Short Term Rental) 604 23rd & Half Street October 14, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Okay, we will move on the next item. Item number 12, Sean Reilly conditional use permit for Short Term Rental located at 604 23rd and a Half Street. We have no speakers on this item. Mr. Riley: I am a speaker; I am Sean Reilly. I believe I am here because we did not agree or disagree with the second condition requested by City Council for no more than one rental in a seven day period. And, we will accept that condition and that is all. Ms. Oliver: Thank you. Anybody have any questions for the applicant. Thank you. All right, we will close it and if I can get a motion or discussion, please. Ms. Klein: I will make a motion to approve the Short Term Rental for 604 23rd and a Half Street. Ms. Oliver: Do I have a second please. Mr. Alcaraz: Second. Ms. Oliver: The second by Commissioner Alcaraz please. Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond. Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. 1 Mr. Wall: AYE. Ms. Cartwright: Vice Chair, Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair, Oliver. Ms. Oliver: AYE. Ms. Cartwright: Mr. Barnes is absent, Mr. Coston is absent, Mr. Graham is absent, and Mr. Inman is absent. Ms. Cartwright: By recorded vote of seven to zero, agenda item number 12 has been approved. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham ABSENT Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 604 23rd 1/2 Street (a.k.a. 23rd 1/2 Street) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be 2 limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. A fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. If, at the request of the homeowner of the subject address, the City Assessor's office reduces the official bedroom count of record from four to three, bedroom #3, as noted on the floor plan found in this report, shall not be used as a bedroom when the home is rented or leased for Short Term Rental purposes. In addition, such reduction would also eliminate the need for one off-street parking space. Thus, only three off-street parking spaces would then be required. 7. 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. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms 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). 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 3 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 16. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 Virginia Beach Planning Department 2875 Sabre St. Suite 500 Virginia Beach, VA. 23452 Support Letter To Whom It May Concern: I support the Reill nily being able to rent out their home at 604 23 %z Street on a short-term basis. C� ignature Printed Name ZZ).5 Z-3-e'°Q5V- Address Virginia Beach Planning Department 2875 Sabre St. Suite 500 Virginia Beach,VA.23452 Support Letter To Whom It May Concern: I support the Reilly family being able to rent out their home at 604 23 ''A Street on a short-term basis. a-. , ,- Sig"'tureAec / r &pm .L.-- /lel, Printed Name 40i1 Ak--Ac—h ,2-3Ksi Address Virginia Beach Planning Department 2875 Sabre St. Suite 500 Virginia Beach,VA. 23452 Support Letter To Whom It May Concern: I support the Reilly fa ly being able to rent out their home at 604 23 '/z Street on a short-term basis. e_ Signature eir LAP-4R U FF Printed Name 606 %Mt s ; vi/LG 1 j'f .G6 c H1 114 &, VJ 1 Address Virginia Beach Planning Department 2875 Sabre St. Suite 500 Virginia Beach,VA. 23452 Support Letter To Whom It May Concern: I support the Reilly family being able to rent out their home at 604 23 'h Street on a short-term basis. Signature Printed Name 100- 33 Address i=r ...._ slip__ v.__ ft5D,-.� 0 R5D Q A24 H, 1 UR5D ' A24 rOlCaD OE 0 :\ \ , --- - Norfolk Avenue Norfolk Avenue n Norfolk Avenue -- B - _______\\ rif : ,,,,, - _ . -13)., - -_ , ' Si. _ _- 1\ v ,, ,,,_,__ ' - ' 0, A42 , \ 13\,' Vit) to,A24 A2.4 ‘ic , w es 0 ! R5S _ Rud caO \-----q \ t N , „.„_,-_, r,_.„-_,_ U. V A 18 = A r ,r: it 0 - / OD - Street a . -.go va, \ \ 0 , ,,,\80 rv3 1 ,...t..„,„,......„ ar c\v,,, , nik \ co n I I R5`S • __.- r,:*" _�-R5S,, _ _ _ _ _ . .? _ ___ e ■ � � , S _ � � a d d o 1 p _,...,A1_!2 1 _, _ _ -, \__ 0 ,r-\ ,*.,....,,i 9t,,__, Styeet o I _ 0 \ ' :6A '3 rkr\q- \S-1 \-- -, 1‘1°.t.1° R' \ C1-\-\,A A _ .--g 'W \ 5.S03 Unit N /// Site Red Lion Properties, LLC w.�4. Property_Polygons 1009 Barclay Square `4_ s Zoning Parking Lot Drive Aisle — Imii.Feet - -- -- n 3n 8n 12n 1 i8n Zan :Inn 38n CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: RED LION PROPERTIES, LLC [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1009 Barclay Square (GPIN 24179401670000). COUNCIL DISTRICT — BEACH MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental within one of the 63 condominium units located on a 2.9-acre parcel zoned A-24 Apartment District. City records note that the two-bedroom unit was built in 1970. The minimum number of parking spaces required for the Short Term Rental 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. The applicant does not support the revisions to Short Term Rental conditions recently imposed by the City Council. • Considerations: This site is located within the Pine Acres subdivision; more specifically, the proposed Short Term Rental is part of the Southwind's Condominium complex, adjacent to the Shadowlawn neighborhood. Pine Acres was created by plat in 1950 with additional parcels added in 1959. The subject site is located approximately 3,700 feet or 0.7 miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts the two required off-street parking spaces; one within an assigned space in the condominium's parking lot and another within a leased on- site residential-style garage located approximately 300 feet from the subject dwelling unit. Since the garage is leased, a condition is recommended to ensure the space is available to the Short Term Rental tenants whenever the home is used for that purpose. The site also contains guest spaces that are available on a first come, first served basis. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. In addition, the remaining requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant; however, as the applicant disagrees with City Council's recent Short Term Rental condition revisions reducing the number of overnight guests and limiting the number of bookings in a seven day period, the Planning Commission voted to recommend denial of the application. Should the City Council consider the application, conditions are provided below that reflect a reduction in the number of bookings in a seven day period to one and limit the overnight guest calculation Red Lion Properties, LLC Page 2 of 4 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. ■ Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 1009 Barclay Square 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 on-site garage parking space, as shown in the Site Layout & Parking Plan section of this report, must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, shall remain free of materials to ensure vehicular accessibility, and shall be continuously leased and available to the tenants of 1009 Barclay Square when the home is used for Short Term Rental purposes. 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' Red Lion Properties, LLC Page 3 of 4 below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Red Lion Properties, LLC Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Petition of Support (3 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department e' City Manager: f0,' AIBApplicant and Property Owner: Red Lion Properties, LLC Agenda Item Public Hearing: September 9, 2020 City Council Election District: Beach 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ') I p �� �� Approval , � rotik-Awaiii...,00�Staff Planner "'�=' 01 . William Miller . Location �� � i 1009 Barclay Square • 1111111.411 .r^'� w'mill GPIN 24179401679380 " }) Poo! li ,� �� ‘Site Size 1�. "2.90 acres ' . � � .� < t�Sil� .1 _ 7 1.1 Existing Land Use and Zoning District Z' a rr Multi-family dwelling/A-24 Apartment Surrounding Land Uses and Zoning Districts North , Norfolk Avenue Multi-family dwellings/A-24 Apartment '," `,�;x. ,1,1 s 10< south ` r f..* I`�� �-- g .-. Single family dwellings/ R-5S Residential i v�,�,, ti ,$. , .` w%i , - rry# East ---fit. ;. 0.4-v 4 „ AA0m ;.7 • Single-family dwellings/ R-5S Residential ''' ' ' �� �' -' -- ' r West 4 :•: _-i -a, `- Single-family dwellings/ R-5S Residential ''. - ' ` "° M .,">.:. • •lg.,,..A,..4',k.,.:-V:& V''. Ido,4.'.'.. -..si,$-s T ; e•-. -4; •1! -i,.., ,, JAn s-,z ,_ hs ,, ` ' , 'x v''`..a� *� t a • H ,� R k y t Yl4 .t !k "..y 1 3 . -can ?+ Red Lion Properties, LLC Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 2.90-acre site is zoned A-24 Apartment District. • On November 13, 1968, the City Council approved a Conditional Use Permit for the construction of this 60-unit apartment complex.According to City records,the multi-family dwelling units were built in 1970.This application is for one,two-bedroom unit within the complex. • Staff inspected the site on December 18, 2019 to observe site conditions and take photographs for this report. • On September 3, 2020,the applicant submitted an Intent to Lease letter for use of a garage space to secure the required second on-site parking spot. The letter of intent is signed by the applicant and the president of the condominium board.The terms of the lease will allow use of the single-story, single-car garage 24 hours a day, 7-days a week for as long as the subject dwelling is used for Short Term Rental purposes. • On-street parking is not permitted on the streets surrounding the condo complex(Norfolk Avenue, Caribbean Avenue, Rudee Avenue). • No previous zoning violations were found relating to Short Term Rentals at this address. • The applicant does not agree to City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity \N tatv /rc, ,/ '2 / / c / , t — t et a- l i ; '5N„ /r , -- \\ ro Ik-AveRu ,r ' . ��T- r,-1 i 00)- I am d: \ \ - '\- \ - STATUS i rS ,1 Q _ , .g _ C• Approvetl 0.. \ Denied O .at _ �� 0 Under Review 11. Q Registered L .�- � T Red Lion Properties, LLC Agenda Item 14 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 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 #16 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 (one in the parking lot and one in an on-site garage) • Number of parking spaces on-site: 105; as per a 2019 satellite image count Zoning History 4i°A'1Q5�-1 ` 1. # Request /� 1 �so -, R� �� R 5D {+� � 1 li J 1 REZ(R-1 to R-3)Approved 08/12/68 ° CUP(Apartments)Approved 11/13/68 ay coo \ R_ 0 � � i _ c 2 REZ(R-7 to A-2)Approved 10/22/79 3 REZ(R-7 to A-2)Approved 05/12/75 Norfa-k Avenue jou— s //�� ���/� t a" 4 REZ(I-1 and R-5D to A-24)02/12/02 . ,'s •��I*!,� c`=, 5 CUP(Two Duplexes)Approved 08/20/1979 r L . ,/�� � s 6 REZ(R-7 to A-3)Approved 06/16/75 A-24' 5a Pcfe c,tde' C; q (15 i) ))p p,� g 7 CUP(Outdoor Recreation Facility /Skateboard Ramp) °- $Z R• 5 b ��` s Approved 07/06/2010 C d , t t � 8 REZ(A-12 to RT-3)Approved 01/23/1996 A-18 ° + C 9 STR(Short Term Rental)Approved 09/01/2020 n1-9 t.,{Y0 � 4g 10 STR(Short Term Rental)Approved 09/15/2020 STR(Short Term Rental)Approved 09/15/2020 Evaluation & Recommendation This site is located within the Pine Acres subdivision; more specifically, the proposed Short Term Rental is part of the Southwind's Condominium complex. Pine Acres was created by plat in 1950 with additional parcels added in 1959.The neighborhood contains single-family dwelling lots and five multi-family dwelling lots; all five multi-family lots are occupied by the Southwind Condominium development. Pine Acres begins on the northern side of Virginia Avenue and ends on the southern side of Norfolk Ave. Furthermore, it stops at Caribbean Avenue on the east and is bounded by Rudee Villas Condominiums, Wintergreen Apartments, and Indian Circle Townhomes on the west.This property is surrounded by mostly single-family dwellings to the south and east, multi-family and duplex dwellings to the north, and multi-family and townhome dwellings to the west. Furthermore, the site is located approximately 3,700 feet, or 0.7- miles, from the public beach of the Atlantic Ocean. The applicant's parking plan depicts two required off-street parking spaces; one within an assigned space in the on-site parking lot and the second within a leased residential-style garage also on the property. The on-site garage will be leased from the condominium association and is approximately 300 feet from the subject dwelling unit. Since the garage is leased, a condition is recommended to ensure the space is available to the Short Term Rental tenants whenever the Red Lion Properties, LLC Agenda Item 14 Page 3 unit is used for that purpose.The site also contains guest spaces that are available on a first come first served basis.As permitted by Section 241.2(1)of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. In addition, the remaining requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below.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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1009 Barclay Square 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 on-site garage parking space, as shown in the Site Layout& Parking Plan section of this report, must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, shall remain free of materials to ensure vehicular accessibility, and shall be continuously leased and available to the tenants of 1009 Barclay Square when the home is used for Short Term Rental purposes. 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 Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Red Lion Properties, LLC Agenda Item 14 Page 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Red Lion Properties, LLC Agenda Item 14 Page 5 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three signatures on one letter of support was received by Staff noting related to this request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, September 27, 2020, and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020, and November 8, 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 November 2, 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 November 13, 2020. Red Lion Properties, LLC Agenda Item 14 Page 6 Site Layout & Parking Plan NORFOLK AVE. i Leased garage space ,�:�—� _ i41, y -- � t,—•f o.'i..g..00 , _.... , t -- - .1, 1 .: • r Kam: t , t i, a,- ts ' 7,.7.--tylk— vs 111 .:- :a_ 1 _sr,..? fita v. \.....4 . !, Dwelling unit t2 1c0 -1g-' v \1? 4W( : \---2-._-„_--- \ :-. .:: . . 6 `---1:"----- L1 1009 Barclay Square AND leased garage (on-site) 9' x 18' off-street parking space (one assigned space in the parking lot and one in the on-site leased garage) Red Lion Properties, LLC Agenda Item 14 Page 7 Site Photos Y; \ . 3uls.; ,.,at -,s ,r ,, i !II r--mon 7 ,,, _ _ ,I i" . ' (q\ ' �' rt il " airii, A ' T. —li I .: .' ; _ ' _ 11 7-_- .4A1Lk tit' .4.f- if14 e ` • ;A..' ;: 1f1,,./• /•- ,.s..',—.-n4pf.t ki..l,;l;i:, .1,, _ . t., /,,, .• ii,ttif. Iv i v* ip ' ib rep', ``- lir "14:„.•• �� r - 3 "'� i,e ..,. t Red Lion Properties, LLC Agenda Item 14 Page 8 Site Photos pi . .,. ...ilit.r.__ , . lawa, , ,, ,,., :__ _ , .:. .... . ,...... .,_;:._,,,. .,.. „:..,,_. .... _ , n ... ____ ....., :: _ ,............. �.r• aX. >< a . e as 2.-_ ... i all a:ll ' ' `, lb m L r t. a. s ,as _ - � _ .._ Y'T '1 _- OF a:r .' i 7e :- :'1 • ,, 1• , �. 4 Red Lion Properties, LLC Agenda Item 14 Page 9 Disclosure Statement APPLICANT'S NAME Red Lion Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program 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 i Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ❑� 10.16.2020-WM I✓e Cd41/4El AS of 1.1.04.2020-WM 0 Will Miller-11.04.2020—WLiflA 11/Pl ller Red Lion Properties, LLC Agenda Item 14 Page 10 Disclosure Statement Vfir=_iI,iII iiCdlil Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Red Lion Properties, LLC __ If an LLC, list all member's names Jason Sampson If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (13) 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. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name __�FQ 4p... A-•,t="tnel (CC If an 1_I.C, list the member's names: T`Knn! 't.4 St'✓ Page 2 of 7 Red Lion Properties, LLC Agenda Item 14 Page 11 Disclosure Statement Virginia Beath If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) j7cise,,r, (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or OW 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 I ocal 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 ARC DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Red Lion Properties, LLC Agenda Item 14 Page 12 Disclosure Statement APPLICANT AND OWNER Il;, YES NO SERVICE PROVIDER (use additional sheets if needed) I 1 Accounting and/or preparer of 1 !XI your tax return XArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • l l X Construction Contractors 1 XEngineers/ Surveyors/Agents Financing (include current k"...we ® mortgage holders and lenders 7lfs4ctik selected or being considered to provide financing for acquisition -5:+414'Fr-B 4-4',94 s or construction of the property) XLegal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property j 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 Red Lion Properties, LLC Agenda Item 14 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATU PRINT NAME DATE Applicant and Owner Page 5of 5 Red Lion Properties, LLC Agenda Item 14 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. Red Lion Properties, LLC Agenda Item 14 Page 15 l I f1 - t l_- t ---1 :- - -\____--- - V-----47-\ --- NMI - C \�-- r tipttrancan� v� C-� _ j jf'\ ;-,mayy �- t\ _______.___ ‘i_t___0, . ,.. ,i , ram' /' •n. Q _d •err': , res�_\ _ ; \='0' 2 clip) o 47., • - - 0014 > Cri' ti V_____ 101 ,,_-__=-Ana _ , - �a :7-...J.---- - defrXri. ..., - j O N X .N Dsipi- �\ / N/ ' ,,, ,..eN t Z J N‹, NN d // / ID 0 \ m w \` / N 2 \ O m `m N Item # 14 Red Lion Properties, LLC (Applicant & Owner) Conditional Use Permit (Short Term Rental) 1009 Barclay Square October 14, 2020 RECOMMENDED FOR DENIAL— HEARD Ms. Dozier: Moving on to item number 14. Red Lion Properties, LLC, a conditional use permit for a Short Term Rental at 1009 Barclay Square. Ms. Sampson: Good afternoon, I am Dana Sampson, this is my husband Jason Sampson, and I do not have much of a prepared statement because I believe we probably would have been part of the Consent Agenda, but we disagreed with the conditions. All of our current application meets everything according to the current ordinance. My only issue, just to kind of address it, I am a little confused with the question that we agreed or disagreed to the conditions of the reduction in contracts and bedroom size. I guess I'm not really understanding how if the ordinance reads one way and City Council has voted on these additional conditions, why we have to agree or disagree to them? But, we have found we have been hosting at Chick's Beach property it is another two bedrooms. That has consistently been families of four or five staying between three and five nights. So, a reduction of two per bedroom and one per week is sort of not ideal, as to what we have been seeing over the last, I guess maybe, three or four summers. So, that is our reason behind that, but we meet everything according to all the other conditions. Ms. Oliver: So, I appreciate your confusion. But, as going forward now, that is part of the condition, sort of, that comes from Council. Ms. Sampson: Okay. Ms. Oliver: So that is part of the application; it is two per bedroom and one per week. And, so, our question to you is, do you agree with that? Mr. Sampson: No. Ms. Sampson: No, unfortunately we do not agree with that. Ms. Oliver: Well, then thank you, I appreciate that. Ms. Sampson: Thank you, no problem. 1 Ms. Oliver: Oh, hold on. Mr. Weiner: Can you come back for a second. Ms. Sampson: Yes. Mr. Weiner: You understand, we have two different ways to go about this, I mean, we can just vote no for it and you can go away and you would not have any short-term at all. Ms. Sampson: Right. Mr. Weiner: You could agree to it, we can go through it process here and you can have Short Term Rental. Mr. Sampson: The biggest reason to disagree with this is because we currently have others within the City of Virginia Beach and at this point, we are grandfathered in with those. And, if we agree to this we are agreeing to basically close and not allow ourselves to do these moving forward when we are no longer grandfathered. So, we have to make a stand one way or the other and that is the reason. Ms. Oliver: Okay. Mr. Weiner: That is fine. Ms. Sampson: Yeah. And, one of the things that Jason and I were talking about, and I do not know if Council has thought about it, but I get, probably, the two per bedroom thing. It is a bigger issue with the bigger homes, if you have got a four, five, or six bedroom you are looking at a heck of a lot of people, versus a two bedroom like us. It is essentially taking away a family of five; a mom and a dad, and three kiddos from staying in our place. We have got two bedrooms and a pullout couch or an air mattress, so, to say just two per bedroom is a little constraining, I would say, and it is like it has kept me up at night thinking about it, because this has been a long process, and then we really appreciate Planning Commission and especially our Staff Member Will, he has been excellent with answering any questions we have. But, there is something to consider, perhaps is maybe two per bedroom but giving an allowance for maybe a common area like a living room, where maybe we say two per bedroom but one or two additional. So, that way you can use the pull out couch for the extra kids and things like that. Also, we had seen (inaudible) and there is just a lot of changes and people bring things forward and there is the inconsistency when we participated in the initial talks about the ordinance 2 and all that stuff. We came to all the meetings at the beginning of January, agreed with it, we wholeheartedly agree that there needs to be restrictions and things like that on there. But, limited to one contract per week when the average family can only afford to go away three to five nights is a little silly, especially in high summer. Ms. Oliver: Right. Okay. Mr. Sampson: Yeah, that was a long weekend. Ms. Sampson: Yeah, thank you so much. Ms. Oliver: You are very welcome. Oh, hold on one second. I think Commissioner Redmond and Commission Klein have questions for you. Ms. Sampson: Okay. Mr. Redmond: I want to get away from this agree and disagree language. This is not what we are talking about. I get that you disagree with it. I am not sure I agree with it. Ms. Sampson: Right. Mr. Redmond: Law says one thing. Mr. Sampson: Yeah. Ms. Sampson: Yes, that is where our confusion is. Mr. Sampson: It is contradictory. Mr. Redmond: I agree with you. City Council imposes conditions on each application, can you hear me? Am I doing this Ms. Sampson: Yes. Mr. Redmond: The City Council's imposed applications on each one of these now. So, that is, you are going to get a denial unless you have two bedrooms. So, please stop saying agree and disagree, it is a question of whether or not you accept the conditions, if you do not accept the conditions you are not going to have a conditional use permit to operate the Short Term Rental. Ms. Sampson: I know, and it is like. Mr. Redmond: Okay. Time out please, I do not want to spend a whole lot of time on this because 3 Ms. Sampson: Very limit. Mr. Redmond: We have not had people be very clear about this and we like to be very clear. Ms. Sampson: Yeah. Mr. Redmond: If you accept to the conditions, that means you will abide by the conditions. Ms. Sampson: Right. Mr. Redmond: That means two people per bedroom, one rental a week. That is not the same as agreeing or disagreeing with it. So, my question is do you accept the conditions and would you abide by the conditions, it is not whether you like it or not. Ms. Sampson: Right. Mr. Redmond: Because you are going to have to if you Ms. Sampson: Yeah, and I understand that. Mr. Sampson: See, again it is, the thing is, that was not the point originally when we applied for the conditional use permit, those were not conditions of an accept or not accept. Mr. Redmond: Okay, hold on a second, please. Please I am asking you a straight question. Ms. Sampson: Right. Mr. Redmond: Do you accept or do you not accept the conditions. Ms. Sampson: I would say probably in agreement that we would not accept those conditions because then it would be bound by chances are, a lot of our reservations are going to fall exactly within those parameters. So, we would naturally. Mr. Redmond: I got this. Mr. Sampson: We have also heard from the city and through talks. Mr. Redmond: You have answered my question. Ms. Sampson: Okay. 4 Mr. Sampson: If you are talking about in addition to not just a week but maybe so many reservations per year. So, there is inconsistency even with what is coming from the city. Mr. Redmond: Excuse me. Mr. Sampson: Yeah. Ms. Sampson: Okay, thank you. Mr. Redmond: You have answered my question and I thank you. Ms. Sampson: I appreciate it. Ms. Klein: One of the things that the Council is looking at is another revision to change the requirements as it comes to children. Ms. Sampson: Right. Ms. Klein: Does that impact your Ms. Sampson: That would certainly be helpful, because we are not going to have more than four people if it is two couples traveling together, if it is only in a family situation. Ms. Klein: Okay. Alright. Thank you. Ms. Sampson: Thank you. Mr. Sampson: We do not rent party houses. Ms. Sampson: Yeah, we only rent to families and couples. Ms. Oliver: Mr. Graham. Mr. Graham: Were you here earlier this morning for the presentation. Ms. Sampson: No I was not. Mr. Graham: Okay, because there was a presentation this morning, Planning Commission and Council will be looking at Overlay Districts. Ms. Sampson: Got you. Mr. Graham: As a drop in, it will be allowed by right, if it is in an Overlay District and it will not be allowed if it is not in an Overlay District. This will not, under the current map right. 5 Ms. Sampson: Right. It is from outside of that. Mr. Graham: That we saw this morning, this would be outside of the Overlay District, just want to Ms. Sampson: Yeah, and we have to make a business decision to do, what we needed to do if that was not the case. Mr. Graham: Sure, okay. Ms. Sampson: Thank you guys. Ms. Oliver: Well, we respect that decision and we thank you very much. Ms. Sampson: Thank you. Ms. Oliver: Do we have any speakers on this. Ms. Dozier: Yes, Ma'am. Mr. Andrews (Mr. Andrews was not present and did not speak). Ms. Oliver: Thank you. Ms. Dozier: That is the only speaker card I had for that item. Ms. Oliver: Alright, thank you very much. Well then we will close this and open up the Commissioners for a motion. Mr. Redmond. Mr. Redmond: Madam Chairman, I move that we deny the application. Ms. Oliver: Second please. Mr. Weiner: I will second. Ms. Oliver: A second from Commissioner Weiner. Ms. Cartwright: I will call for the vote. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Ms. Klein. 6 Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond. Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: And Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: Mr. Barnes is absent, Mr. Coston absent, and Mr. Inman is absent. Ms. Cartwright: By recorded vote of eight to zero, item number 14 has been denied. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 1009 Barclay Square 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. 7 3. The on-site garage parking space, as shown in the Site Layout & Parking Plan section of this report, must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, shall remain free of materials to ensure vehicular accessibility, and shall be continuously leased and available to the tenants of 1009 Barclay Square when the home is used for Short Term Rental purposes. 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 Dear Neighbor, We are currently in the process of obtaining a Short Term Rental Conditonal Use Permit for our Southwinds condo at 1009 Barclay Square. We have been using the condo as a short term rental since last summer and have had a successful time filling it with respectful, vacationing families. We were able to speak to many of you personally before we opened our home to guests to discuss our plans and were also able to follow up with some of you after guests began. We are asking for your support for the approval of our Conditional Use Permit by signing this letter with your name and address. We pledge to continue to ensure that we will continue to take excellent care of our condo and ensure that we only allow guests that meet our high standards. This way we can promise to you that you will be not be adversely affected by our decision to use this condo as a short term rental. Warm regards, Jason and Dana Sampson Name Address cyvve,\KOLkc._ 4G.N1/4t._ 00'3 7> as C--VOS . \ c\`(‘ yr S -‘v 0 o1Y /14G�Yoo..x. d 6 7 1 w �. ID 0.1, -'----- 0_ V , 7", co ii, r•• 31 NV" I o Lo Dii. �� CO li 1 iC:\ _N Io C3,, I IA� o :oil li i a 13 D � ' O 0 _,D— Ac 1 li 7' \ 4 ______--u& MI, 0 i - �. .. - k, a) r4 ; \ups „,,„,„„...----s c > r ,\*4 .- Cl\--c-N:c,, C3 a) U C U, V.41*-= i S (r) 0 k _ i D ` CO ca O a 100 \ 0\o‘wili 4 _, \ o ‘...,. Aene 0.----- e dR „row2 0 1 , \ v__ o L trn \ CD \:1) C4 , ' y -= 0) g Cl) f IP , - - r CCQ Y '�NO m LA cD o v a N d 767.14 �N 1.) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUSTYCE SWANGO [Applicant] JASON & INDIA SWANGO JOINT REVOCABLE LIVING TRUST [PROPERTY OWNER] Conditional Use Permit (Short Term Rental) for the property located at 811 Delaware Avenue (GPIN 24179322400000). COUNCIL DISTRICT — BEACH MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 6,333 square foot parcel zoned R-5S Residential District. According to the City Assessor's records, the lot consists of one single-family dwelling containing three bedrooms; however, the application states that the home only contains two bedrooms. The existing paved driveway has ample area for at least four off-street parking spaces. Staffs review of the application is reflective of the higher bedroom count to ensure that all requirements can be met and advised the applicant to contact the City Assessor's Office to address the discrepancy. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The applicant's representative, who is an owner of the property, neither agrees nor disagrees with City Council's recent Short Term Rental condition revisions, but rather stated during the Planning Commission public hearing that he will abide by any conditions of approval imposed by the City Council. • Considerations: This site is located within the Pine Acres subdivision, which was created by plat in 1950 with additional parcels added in 1959. This area of the oceanfront is commonly known as Shadowlawn and is predominately a single-family dwelling community. The subject lot is located approximately 3,700 feet or 0.7-miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts abundant room for the three required off-street parking spaces within the existing driveway, thereby meeting this requirement. Additionally, all other requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. The recommended conditions do reflect City Council's 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. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. Justyce Swango Page 2 of 3 • Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 6 to 2. 1. The following conditions shall only apply to the dwelling unit addressed as 811 Delaware Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. Justyce Swango 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 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. 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 0 City Manager: 40 Applicant:Justyce Swango Agenda Item Property Owner:Jason & India Swango Joint Revocable cootr( PublicLiving HearTrusting: October 14, 2020 16 Virginia Beach City Council Election District: Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation AN•,50se' s Approval ^.--,-_:-\..- ,3th s,ree� F ' '`„� ANaMIyOritr --I OSueet y ; `uke°nrr ,� Staff Planner 1 -�--.4 9 d `'. o NOAOIk Ave nue 1 William Miller e ',-{-�� 1 1 c ` ,�Sueet o owl u Location y A„enOe 811 Delaware Avenue _A. w �'„Po��a�e^ Fil9 a p,co'' Ayen.P Gannet Run Y„ Ste 2417932240 Site Size o 00 6,333 square feet Ka„ A 4. Owls Creek l ar eY >r,IIP Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North r - . . Single-family dwellings/R-5S Residential r 0 10s," ',,; c South \ 3 ' 1 . , , F i Delaware Avenue Single-family dwellings/ R 5S Residential 'r +.; • *= .�ry�nd pvc""` East :r� ; 5IV:.• . 4<:-� `0 Single-family dwellings/ R-5S Residential ! l '� West` •; Single-family dwellings/ R-5S Residential ;,t 11 R 1 ,- -,, 4,%A- , .-► . Y. '% ,, w Y r . r� s r'r; - �,-� ,4 w r �n� tr.-...,..%.,„,*!: ..:Acs....4tr. ,,,,IN.:.,!..: Justyce Swango Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,333 square foot lot is zoned R-5S Residential District and is located within the Shadowlawn neighborhood near the oceanfront. • There is one single-family dwelling located on this lot. • According to City records, this home was constructed in 1950 as a three-bedroom home. • The application indicates that the dwelling contains only two bedrooms. Staff spoke with the applicant about this discrepancy and advised her to contact the City Assessor's Office to address the matter. As the driveway can accommodate three 9-foot x 18-foot parking spaces, all references to bedroom count have been kept at three in order to be consistent with existing City records. • Staff inspected the site on July 10, 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 related to Short Term Rental use were found associated with the subject address. • The applicant's representative neither agrees nor disagrees with City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Instead, the applicant's representative chose to remain silent on the matter, seemingly preferring to discuss it with Planning Commission and City Council. Short Term Rentals in the Vicinity /\N//ff . r! A. . " 11-a\- --AA ------3,0 jW4Ci\,Eiri �Norfolk-Aveme )I r iter��wt -- ,t -•ert` \ � -tee " + _ - limil 1 le INE y nth 'OM%6 0-\_sic..g.,.._,\L\.V11.! < * , =::. . `sue, __-_ Ott S TA TU S Z-- , " `y l ds 1*t* L ` !- .rpDroved �� � } - • Denied livr �'- tC 1111 OUnder Review t O Registered // r. r• 01 1 t]1 \ //11L Justyce Swango Agenda Item 16 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 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: 6—As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 A-12 oir-rTh ___--241,c:V . _ '— 1 • 0 0 . R-15Cli ir •� C� an o ,• p � a o- soot I ` sou No Zonin Histor to Re ort 9-2 a io�� ovao Qft.tsfeq*Xv B_ys; • rd _ y 1� . .ricc:\lip IF. i ta r::), . Ism.R. et *VI ,%corr.Milt,. 01 9- $00:30 ---------"—niito CI Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Pine Acres subdivision, which was created by plat in 1950 with additional parcels added in 1959.The neighborhood contains single-family dwelling lots and multi-family dwelling lots. Pine Acres begins on the northern side of Virginia Avenue and ends on the southern side of Norfolk Avenue. Furthermore, it stops at Caribbean Avenue on the east and is bounded by Rudee Villas Condominiums,Wintergreen Apartments,and Indian Circle Townhomes on the west. The subject lot is located approximately 3,700 feet, or 0.7-miles,from the public beach of the Atlantic Ocean.The applicant's parking plan depicts all three required off-street parking spaces within the existing driveway,thus meeting the requirements of Section 241.2(1)of the City Zoning Ordinance; however,the applicant states that the home only contains two bedrooms. Since City records note the dwelling as containing three bedrooms,three off-street parking spaces are required until City records are modified. Staff advised the applicant to contact the City Assessor's Office to address this bedroom count discrepancy. If the City Assessor's Office reduces the bedroom count to two,the number of required off-street parking spaces will also be reduced to two.The recommended conditions do reflect City Council's Justyce Swango Agenda Item 16 Page 3 A 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 811 Delaware Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this 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. Justyce Swango Agenda Item 16 Page 4 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. 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 September 14, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,September 27, 2020,and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1, 2020, and November 8, 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 November 2, 2020. Justyce Swango Agenda Item 16 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 13, 2020. Justyce Swango Agenda Item 16 Pane 6 Site Layout & Parking Plan 63.33' -x- -x- -x-•- -x- -x- 1 6'WOOD FENCE 14.9' E Q 1 9' x 18' o.T o.r� I parking space _ M U , FRAME GARAGE o o$ O _^ • ATTACHED SHED § o 7.1' to "v . . . . . 29.3' 1-STORY FRAME : #811 I • x . : : 36.3' 9.4' • • • 63.33' DELAWARE AVE. (50') (FORMERLY 8TH ST.) Justyce Swango Agenda Item 16 Page 7 Site Photos •3r>l�, n .� •. f% fi b .* o ,,fx •,.s. .a - al.. Ci a may , § W. r �' - �' r-____ ��! -� tvg x �, tzi `. 811 Delaware Avenue 4.11P- --. ..-,-.-- -:'''-::',1---.1:---.:- - - _ :. ' .---..-f,„,.'1:-: a - f -, 1 I t _ — no l e L r - - ��. A r _� _ r� _ r . Justyce Swango Agenda Item 16 Page 8 Site Photos - �' I h: S. I.= Ilik_ ,4 ` ., IMe i afi _ui JUNI --, 'i • ASS r4.\' f 3' • jt+ • .may • r'A ti 4% Jr, ( • �i • .. J ' t S 1 4� y 7r A l}1s. L:1 Vy1 .. ^Y ,f4 l�iV'• 'y T.1$1A1xIC, ; _f A4t '. s. «. `ip ! , _ �� -- z -,`"' Justyce Swango Agenda Item 16 Page 9 Disclosure Statement Virginia Beach Applicant:Justyce Swango APPLICANT'S NAME Owner:Jason and India Swango Revocable Living Trust 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 Page 1 of 7 ❑ ; 1 lEARIN(, 10.16.2020-WM dNO CI1ANC,LS AS Us cAI 1 �1.04.2020-WM ❑ Prvtc o tUCMfii Fr)Will Miller—11.04.2020— WUlliC(.441iMI. e ' Justyce Swango Agenda Item 16 Pane 10 Disclosure Statement NB Virginia Beach -.4r4 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Justyce Swango If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Z 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: Jason and India Swango Revocable Living Trust If an LLC, list the member's names: Page 2 of 7 a Justyce Swango Agenda Item 16 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Jason Swango India Swango (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity, (il) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦-^ ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Justyce Swango Agenda Item 16 Page 12 Disclosure Statement 1kB l APPLICANT Beach YES I NO1 SERVICE PROVIDER (use additional sheets If 1 i _____I i needed) >' n Accounting and/or preparer of Roger Porter,CPA your tax return Colby&Company PLC X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than The current is in the process ofchanging FRO ❑ �Jason and India Swango Revocable Living Trust TO , vi the Aoolicant)-identify purchaser 251 Palmyra,LLC(same owners.just an LLC andpurchaser's serviceproviders change)City records still reflect Jason and India Swango Revocable Living Trust Any other pending or proposed Z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) __ XConstruction Contractors nX Engineers/Surveyors/Agents Financing (include current Towne Bank X 0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 X Legal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property I 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U xi 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 Justyce Swango Agenda Item 16 Pape 13 Disclosure Statement • ciao 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. APP ANT'S TURF PRINT NAME DATE Page 5 of 7 Justyce Swango Agenda Item 16 Page 14 Disclosure Statement OWNER Virginia Beach YES NOl SERVICE 1 PROVIDER(use additional sheets If needed) l Accounting and/or preparer of Roger Porter,CPA t your tax return Colby&Company PLC El N Architect/Landscape Architect/ �� Land Planner Contract Purchaser(if other than The astn is dayeprocessef changing FROMM Jason a annd India Swango Revocable Living tb_ Applicant)-identify purchaser Tnrsthage)PCityrea.LLC(samectJassnandIn andpurchaser's serviceproviders Swango Lavin TrureHedJaaonardlndra Swango Revocable Living truss — _ Any other pending or proposed C X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors Engineers/Surveyors/Agents Financing (include current Towne Bank El El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IZLegal Services Real Estate Brokers/ Agents/Realtors for current and f ' 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 6 of 7 Justyce Swango Agenda Item 16 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks pr' r to the Planning Commission, Council, VBDA meeting, or m of any lic bo y or committee in connection with this Application. S _ PROPERTY NER'S MONA E Pit NT NAME DA Page 7 of 7 Justyce Swango Agenda Item 16 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Justyce Swango Agenda Item 16 Page 17 '�' lial a , r tr` ---:,... ..� it -i-r_1 'r=i li _ 1- -..,. 1)i.1------12--- f-1-1-` 1 \\,-._21'4,--1\t\---1-4_-__ L---2,--\%-i----11-1,illl'.'-----_-_-_1:;'s-v-11-ifq-i D -,11-- 7.S.. ...„4.....----.41--s:_i r-N-V),--1 \-:_--,_ ---6,--+, __, ., . i ."-, W _ nel_ ��,�� - Y�,_ .rti= , �-1-; , ._ eC Q ._5t� pie r5 { { ' _ r- _.� nv� ;_ + 4 • , Z %--i !.,---_-'34_,...'--1- --- 8 \ . ,...._:,--. ,.___,„,,,„:0_--, ,_ - , nue--; otr,-',.--\ 1:A t.,_ ///7". al ,--',1_, t 0 z. fOMB ,� CI f� \ O v v' a�i > Ty Ns. I Z _ E u ... H 0. c v o+ r N 1? C] Cr J • _I P �� / }t o • o o "\-I t \, 1 l I ll Item # 16 Justyce Swango (Applicant) Jason & Indian Swango Joint Revocable Living Trust (Owner) Conditional Use Permit (Short Term Rental) 811 Delaware Avenue October 14, 2020 RECOMMENDED FOR APPROVAL— HEARD Ms. Dozier: Item number 16. Justyce Swango, a Conditional Use Permit for Short Term Rental, located at 811, Delaware Avenue in the Beach District. Ms. Swango: Hello my name is Justyce Swango. Mr. Swango: I am Jason Swango. Ms. Swango: I will start off by saying I am a homeowner in the Shadowlawn area, I actually live on Carolina Avenue, which is just a couple blocks down from Delaware. And, yeah, so, we will be open to any questions that you guys might have. Mr. Swango: I will just state that I own the property at 811 Delaware. I own three properties actually in Shadowlawn, the one property on Carolina, 521 Carolina was just approved for a conditional use permit for a Short Term Rental as well. I have been in the community since 2001 . I am local lawyer, I have a law office here locally, very active in the community and I have been a coach here for almost since I got here in 2001 , for about 20 years. As far as, my daughter who will help manage this process lives three blocks away. This is actually the property that my father had lived in, but due to health reasons he has had to return back to Indiana. Currently, it is leased out on a year-to-year lease with a Special Forces guy in one of the military branches. I have no intent today, tomorrow, or certainly in the next year, to actually lease it out. Obviously, it is a Short Term Rental having it being tied up on a long-term lease, and hopefully they will stay there for as long as they want. Open to any questions that you would have regarding that particular space. Ms. Oliver: I think the question on this application, can correct me fellow Commissioners if I am missing something was the agreeing of the conditions that are put forth in the application, Mr. Swango: That is correct. 1 Ms. Oliver: You do agree. Mr. Swango: Actually, I have a fundamental issue with that I am going to explain what that is, I think it is important. I think it is improper to ask someone, especially a lawyer, to agree to something without listening to the reason why there is probably a fundamental issue with it. Ms. Oliver : I am going to interrupt you real quick and I respect that you are an attorney as my husband is one and he has a tendency to be a little argumentative as well. Mr. Swango: I am not being argumentative, Chairwoman. Ms. Oliver: No. I am not saying you are, but I am just saying it. Mr. Swango: You are as well, you are assuming that I am being argumentative and that is not fair. Ms. Oliver: No. There were go. Mr. Swango: It is not fair. Ms. Oliver: So I feel like I am in my kitchen. So, with that respectfully, the question that we had was that there is a paragraph in the application and the question going forward is, do you agree with the conditions in the application? Mr. Swango: Right. And, as I was stating, I received an email from the Planning Commission that says, again, based on guidance from the City Council, these conditions are recommended by Staff, and are now included in every Short Term Rental conditional use permit Staff report, those who disagree with the recommended conditions will likely be called upon to address their view on the subject with the Planning Commissioners and the City Council persons during the Public Hearings. That was sent to me by Mr. Will Brown, so, that is the reason why I am asking to inform you on why I have a fundamental issue with answering that question. Ms. Oliver: Well, then, I apologize for that because I was not copied on that email and I did not see that paragraph, so, if you would like to give us your view. Mr. Swango: Sure. Would love to give my view. My issue is that the City Council has not yet made any determination regarding this particular Short Term Rental at all, but they are asking for us to agree to potential conditions that they do not even know needs to be imposed. Now, I do not know what they have actually stated to Mr. Will or anyone else in the Planning 2 Commission, but I find it inherently problematic to ask someone to provide a waiver to a group of people that they have the fundamental decision on my property rights here in the local city. So, if I say to you, I am accepting of conditions that aren't imposed in the statute, you are basically asking me to give a waiver on any future issues that I may have with the city whether it be in a more litigious way or not. And, I think that is inappropriate. My issue for you all is you impose those restrictions, not me. I did not impose those. You all came out to my property, took a look at it and said, we want to impose restrictions. Okay, if you want to impose those restrictions then vote on it and give me the restrictions, but do not sit here and ask me to agree to restrictions that quite frankly, are impossible for me to agree to. Ms. Oliver: Well, sir, if they are impossible for you to agree to those conditions, put forth in the application then. Mr. Swango: Well, I have whole diatribe here, of where I asked the Commission and would not answer the question. I have asked the question of them what is the purpose, like am I waiving anything and they would not answer the question. So, if the Planning Commission would not answer. Ms. Oliver: Sir, I must stop you right here. Mr. Swango: Okay. Ms. Oliver: Okay. There is a list of recommendations and conditions in this application. One through 16. Mr. Swango: Right. Ms. Oliver: What the Planning Staff is asking you to go forward into your application, so, that you can move on from us and go right to City Council, where they will decide what they want, however they see fit, is do you accept these conditions for this application for you to have a conditional use permit to operate a Short Term Rental at this particular address? Mr. Swango: Right. Ms. Oliver: Okay, that is the question. Mr. Swango: I understand. Ms. Oliver: And, the answer is either, yes you do or no you do not. 3 Mr. Swango: The answer is not that simple Chairwoman, it is just not that simple. You are asking me to waive. Ms. Oliver: I am not asking you to waive anything, I am just saying. Mr. Swango: That is exactly what you are doing by asking me to answer a question that you are imposing on us, this is exactly what you are asking me to do. You are asking me to, because I have an issue with what the City does, and I have to go litigiously and go protect our property rights. Then they are going to ask potentially that I might ask the question, did you agree to this? Ms. Oliver: I just want to ask you a question. Mr. Swango: I would really like to answer it without being interrupted. Ms. Oliver: Well, I am going to interrupt you. Mr. Swango: Okay. Ms. Oliver: Because, I am not going to get into an argument about this because this is fairly straightforward. Mr. Swango: Yeah. Ms. Oliver: Because we do land use, as Commissioner Redmond stated. You went to the Commissioner's Office, you filled out the form, you gave him the $50, you agreed not to rent your house for a Short Term Rental. Correct? Mr. Swango: Correct. Ms. Oliver: They stamped it red, the lady said, you agreed to this. Mr. Swango: I do not know if they stamped it red Ma'am, that is not accurate either. do not know what you are talking about stamping it red and all that. I heard earlier in a previous hearing that they were supposed to stamp it and say no. Ms. Oliver: Are we going to continue the banter or are we going to just stop and listen to me. Mr. Swango: I am just trying to correct you. You are wrong that is all. Ms. Oliver: Well, I appreciate that so much. Mr. Swango: Thank you, Ms. Oliver. 4 Ms. Oliver: That is well. With that, you went online, you filled out the application, you submitted the application. Mr. Miller I believe is went out, he took pictures of the property, he asked you to put a sign out at a certain date; it is been up there for 30 days. The form had all these conditions in it, you signed, you checked the box, she signed it and here we are. Mr. Swango: Correct, here we are in the same place we were two months ago and no one asked me if I needed to approve or if I agreed or not. Ms. Oliver: If you sign everything on the application online then you accepted or you read it and now we get it. Mr. Swango: I have accepted the conditions, why you ask me to accept it now? If I have signed and checked some box that does not make any sense. I have not accepted anything. Ms. Oliver: Mr. Redmond. Mr. Redmond: That was most fun I have had all day. Mr. Swango: Thank you. Mr. Redmond: And, I appreciate that. Mr. Swango: You are welcome. It is not fun for me though. Mr. Redmond: I think what she is getting at here, and I think it is important, is the conditions are conditions. Mr. Swango: Yes. Mr. Redmond: They have to be met. Mr. Swango: Correct. Mr. Redmond: If they not met, you cannot get your conditional use permit. Mr. Swango: Yes, sir. Mr. Redmond: If you do not get the conditional use permit you cannot operate the Short Term Rental. Mr. Swango: Correct. Mr. Redmond: And, we have had an issue lately with people who want to argue about what City Council's policy is. But, that is the City Council's policy. Okay. And, so what we are trying to do is ascertain whether or not, going 5 forward, people understand that, to accept means you have to follow the rules that are imposed as part of it. If you say I am not going to follow the rules that are part of it. Mr. Swango: I never said I was not going to follow the rules. Mr. Redmond: I understand that. Mr. Swango: Okay. Mr. Redmond: But, if you do not accept the conditions, you are not going to get your conditional use permit and we have had altogether too much lately, of people who want to complain about the conditions that City Council is setting and they are perfectly willing to do that. But, be that as it may, personally am not going to recommend that we accept any application or approve any application unless somebody says, I am going to follow the conditions because those are the rules of the road. Mr. Swango: I am a lawyer. Mr. Redmond: You can disagree with it. You can hate it all you want. Mr. Swango: I am the attorney in the area and I am a law abiding citizen and what I am telling you is that if the restrictions are imposed on us, then we have no choice as law abiding citizens that to follow them. But, if you are asking me if I agree to those conditions, the issue is do I agree to follow the law, of course, I do. I am not going to lose my license by not following the law, but do I agree to these particular conditions be imposed on us when it is really not in the ordinance itself. No. I have a fundamental issue with that. Mr. Redmond: I agree with you. I do not think it is fair that the ordinance says one thing and there will be a blanket condition on everything else. I do not think that is right. Mr. Swango: Right. So, then why I am being asked to agree to it then. Mr. Redmond: Hold on a second, but be that as it may, that is the City Council's policy going forward; and they can do that. Mr. Swango: Right. Mr. Redmond: So, going forward, we want to ensure that people are simply going to abide by the policy or else you cannot have it. Mr. Swango: Right. 6 Mr. Redmond: It is just that simple. Mr. Swango: So, as a law abiding citizen, I am going to abide by whatever you agreed to. Mr. Redmond: Nobody is questioning your law abiding citizen-ness; okay. Mr. Swango: How is it not? You are asking me if I am going to abide by restrictions that are imposed by Council or by the ordinance. So, my answer to you is, yes, I have to abide by those ordinances, absolutely. Mr. Redmond: Okay. Mr. Swango: I do not why this is so difficult. This isn't hard. Mr. Redmond: I do not know why you are making it hard. Mr. Swango: We are not making it hard. I am saying I can't agree or disagree to a condition that you have put on me, except to say that if you impose that condition on me I am going to comply. Mr. Redmond: That is not the point. The point is, if you are going to get a conditional use permit to operate a Short Term Rental and the only way you are going to do it, is with these conditions. Mr. Swango: Correct. Mr. Redmond: So, if you tell the Staff, no I do not agree with it, how do they interpret that? Mr. Swango: I do not understand how hard it is for someone to grasp this concept. I do not personally, the man said it back there he unfortunately left, I do not personally agree with what Council is doing. I think that they are way out of bounds to be honest with you, quite honestly I think that they are infringing on our property rights, but that is not before us right now. What is before us, is whether you impose those conditions on us. We have no choice. You act like, I am saying, you impose one per week and two people per room then I am going to go put my stuff like other people have done on the market and advertise three bedroom or four bedroom whatever. And, let me say this, they keep saying in the applications that I have a three bedroom. We keep informing them that it is not a three bedroom, we are doing everything as we could do to inform you guys you can make a proper decision, but it is a roadblock after roadblock because of what. 7 Mr. Redmond: I do not know, but I do not like your odds. Mr. Swango: Oh, you know what, I've lived with worse odds in my life. Mr. Graham: Mr. Swango, I do not have any Short Term Rentals, but I have been an applicant in a lot of rezonings. Mr. Swango: Yep. Mr. Graham: And, the way it is, whether you are in Chesterfield County, Virginia Beach, Chesapeake, it does not really matter. You work with Planning Staff, and they come up with conditions, and you either accept those conditions or not. And, then it comes to us. Mr. Swango: Yeah. Mr. Graham: Okay. What I am hearing is, you do not accept the conditions. Mr. Swango: I do not think you are hearing me then. Mr. Graham: I am not going to get into that. Mr. Swango: I do not think you are hearing me then. Mr. Graham: Okay. I think I am, but I think you want to try to make this some sort of game or something. Mr. Swango: Really, a game? Mr. Graham: That is the way it seems. It is either you agree to the stipulations that the City put in the application or you do not. Do you want to move forward with the stipulations; all the conditions that the City has put in the application or not, yes or no. Mr. Swango: That is why I am here to move forward. Mr. Graham: Do you want to move forward under those. Okay. Well, then what is your answer. It is a yes or no? Mr. Swango: It is not a yes, and I already gave you my answer. Mr. Graham: I have no further questions. Mr. Swango: And, I will tell you something else, since we are on record. Let me go ahead and just do this then. In my speaking with Mr. Mayor Dyer, he indicated to me that every decision that they are making, in a private call, every decision that they are making is arbitrary and capricious. This is 8 arbitrary and capricious guys. This is not fair to the citizens of Virginia Beach. It is certainly not fair to us. You are imposing restriction and ask me if I accept those restrictions. I accept the restrictions if you impose them, but I do not agree the City Council should be doing this when the ordinance says something else. I am with this man over here, but I do not understand what the disconnect is for you all. I mean that is pretty simple, right? You are imposing restrictions and I am saying if you impose them on me I have to abide by them. I do not agree with the fact that the City Council is doing this to us, but if they wish to do it because they are the ones with the ring and they want us to kiss it, then so be it. That is their choice. I do not understand what is so difficult about that,? Mr. Dyer himself told me it was arbitrary and capricious. And, that is exactly what's going on right now with this Commission; it is just not right. We just want to go in front of the City Council and say, here is our property, what are you going to do? That is it. That is all we are asking for. Whether they grant it or not, just like we went for the 521 and they granted it. They imposed restrictions on me on 521. They gave me the restriction of two per bedroom and one rental per week. I am complying with what the restrictions were. That is what City Council imposed on me. Ms. Oliver: (Inaudible 03:01:47) Mr. Swango: Well, I mean you ask me a question and I am answering the questions. I am trying to inform you on why I am making the decision I am making. Ms. Oliver: Is this your way to informing us. Mr. Swango: Well, yeah, that is the only way I have, right? I am supposed to stand up here at the podium and tell you guys what I have received and answer your questions. That is what I am doing. Do you expect something else for me? Ms. Oliver: No sir. You are perfectly fair. Mr. Swango: Okay.Thank you. Ms. Oliver: Thank you. We appreciate it. Mr. Swango: Thank you. Is that it? Any questions? Okay. Thank you. Ms. Oliver: Madam clerk, do we have any other speakers? Ms. Dozier: No, Ma'am. We have no other speakers, and this is our final item. 9 Ms. Oliver: Thank you very much. So, we are going to close this and open it up to the discussion with the Commissioners. Yes, Commissioner Klein. Ms. Klein: Might I respectfully suggest to the Planning Committee that they look at revising the language. So, I understand the argument, people do not agree with wearing a mask, but they still wear one. So, I think that maybe that is where this agree or disagree is something like, I agree to abide by the conditions, may be more clear. Mr. Redmond: Yeah, I agree with that. I think we are getting together, I mean we have wasted probably half-an-hour on semantics today. You have to agree to conditions, you do not agree to conditions, you do not get it. What is that? Oh, yeah, accept thank you. You have to accept the conditions, you can gripe about it or not like it at all, but you do not get your conditional use permit, and they are going to reject it and they are going to pull your conditional use permit if you do not abide by. But, I do not think it is asking a lot of people to ask them, do you accept the conditions. And, every single time we had an argument. Mr. Graham: I totally agree. Mr. Redmond: still do not know what, I am not quite sure what Mr. Swango was saying to. Mr. Graham: I think what it was Mr. Redmond, I think it turned into a platform to voice a grievance. Ms. Oliver: Mr. Weiner. Would like to say something? Mr. Weiner: From what I got out of that kind of interesting, never seen or brought to us like that before, but it is 2020. He accepts the conditions, but he just does not like it; bottom line. That is what I got out of. Ms. Cartwright: I do not want to interrupt, but we just need to make sure that all of your microphones are turned on when you are speaking. Ms. Oliver: Yes, Mr. Alcaraz. Mr. Alcaraz: So, I heard the same thing that Mr. Weiner said. He knows the conditions. He did not say no, he did not say yes. I am an advocate of, as long as they meet the conditions or as long as the write up shows that they meet the conditions and there are conditions here. Just a point of information, I did talk to the Civic League, there was no opposition. I went directly to the Civic League and I asked them, same thing I should have noted that for 10 the other one. But, because the other one did state they were not agreement, but this one did not. I am in an agreement with Mr. Weiner, I am going to go ahead and make a motion to approve it. Mr. Weiner: I second. Mr. Alcaraz: With the conditions as stated on the report. Ms. Cartwright: I will call for the vote now. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond. Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: No. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: No. Ms. Cartwright: With Mr. Barnes absent, Mr. Coston absent, and Mr. Inman absent. Ms. Cartwright: By recorded vote of six to two, agenda item number 16 has been approved. 11 AYE 6 NAY 2 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman ABSENT Klein AYE Oliver NAY Redmond AYE Wall NAY Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 811 Delaware Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. 12 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. 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 13 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. 14 W Q z ` N (• I O O N O I N I O �O IO O r N CD C_ \,, r E 2 c. 0.1 \ \ co ci) Ct N > Cn O co ++ Ce- 0 0 \ Ilk-7 _ . � pvenu LQ =— omit f 0_ . co- p ca o ,),e 0 e . , aoP4.' 4.' y1 f ,�(NAr: O_ ,1 . \ ___- ) °' Ce r Ii Tr 4 \wowio cnO .2(1) jul ---/ to d N d m 4 . �. Iv, 4 + f CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: LAWRENCE & SUZANNE OLESZKO [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 117 (GPIN 24280514483910). COUNCIL DISTRICT — BEACH MEETING DATE: November 17, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 14,500 square-foot parcel zoned OR Oceanfront Resort Form-Based Code District. The lot consists of one multi-use building containing 42 condominium-style dwelling units. In this instance, the applicant owns the subject one-bedroom unit and is therefore only requesting approval for one dwelling unit within the complex. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or one space in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a one-bedroom Short Term Rental is three; 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: The proposed Short Term Rental unit is located in the Oceans II Condominiums, which abuts the public beach of the Atlantic Ocean. The surrounding area is a mixture of high-rise multi-family dwellings, hotels, and other commercial uses. The applicant's parking plan depicts one permanently assigned off-street parking space within the condominium's parking lot, which meets the provisions of Section 241.2(1) of the City Zoning Ordinance. Additionally, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendation: On October 14, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Lawrence & Suzanne Oleszko Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 117, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Lawrence & Suzanne Oleszko Page 3 of 3 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: Pf"9 Applicants & Property Owners: Lawrence & Suzanne Oleszko Agenda Item Public Hearing: October 14, 2020 B City Council Election District: Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 45tir Street Gob oV Or we Approval o B,y Street rt D _ 45 o° 45th Street Staff Planner f0 Stree1 + 14th Summer Peebles Cava Qc 43rd Str¢et Kr Drill 42nd Street Location oe 4 ,1 4005 Atlantic Avenue, Unit 117 sw�dRda" ..\_AIM GPIN (,,'44 1116 24280514483910 "`• Site Size __-_,, 14,500 square feet 4 41 i cf P,ewo O Rcad m 101:1111111 \ Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North r Multi-family dwellings/OR Oceanfront Resort " s l South ' * °9 40th Street (pedestrian beach access), hotel/ `` OR Oceanfront Resort •' • � A East �;. r a ` Public beach of the Atlantic Ocean/OR 4* t ..: Oceanfront Resort d > : ' 1- West S' + _ Atlantic Ocean Multi-family dwellings/OR Oceanfront Resort A 400 sttee` ;,Y ` r R Hank Street °� Lawrence & Suzanne Oleszko Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This parcel is approximately 14,500 square feet and zoned OR Oceanfront Resort District. • According to City records,this lot contains 42 condominium units and was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older portion of the building. • There are 42 off-street parking spaces, one for each of the condominium units. • Staff inspected the site on August 7, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • As of the writing of this report,seven Conditional Use Permits for Short Term Rentals have been approved on this site by the City Council. • October 8, 1973 City Council approved a 12-room expansion to the 30-room motel that was in operation on this site. • No past zoning violations were found on this property. Short Term Rentals in the Vicinity 7 , s c le\q / ' 1,et i / la1 / ., �/� 't$ J „SU tv 11111\ (<, \:-‘,.._,- ,tools ,.\ ‹ , .0,1100; , s _ 1 ii--4., *,-- AU t, , ' Atrs -- so. . t° rn -,4,_____,i-, - ;----____ \I, ,..0 7, ---- ,-4,..1,- -- 1..... , 0, ,.. , ..om'. A _____.4 STATUS S3� • Approvedlit\., • Denied Q Under Review \ Al_�� O Registered \, Lawrence &Suzanne Oleszko Agenda Item 17 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 -As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 2 \ �b Zoning History OR 2 # Request �•• 1 CUP(Short Term Rentals-2)Approved 08/25/2020 ,/` f;. i' ••%` zz"/ CUP(Short Term Rentals-5)Approved 02/04/2020 /� CUP(13 room addition to 30-room motel)Approved swot 10/08/1973 2 CUP(Condominium)Approved 2/18/1972 c NON(Stockbroker's office)Approved 11/10/1980 e Re' R r. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Short Term Rental unit is located in the Oceans II Condominiums directly adjacent to the public beach of the Atlantic Ocean, where Short Term Rental use is to be expected. Seven Conditional Use Permits for Short Term Rental use have previously been approved on the property.The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial uses.The applicant's parking plan depicts 42 off-street parking spaces, one dedicated parking space per unit,thus fulfilling the parking requirement.All other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application.There is no known opposition to this request. Based on the factors listed above, Staff recommends approval of this request with the conditions listed below; noting that 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.The applicant is agreeable to these condition changes. Lawrence &Suzanne Oleszko Agenda Item 17 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 117, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. Lawrence &Suzanne Oleszko Agenda Item 17 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,September 27, 2020,and October 4, 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 September 28, 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 October 8, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 1,2020, and November 8, 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 November 2, 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 November 13, 2020. Lawrence&Suzanne Oleszko Agenda Item 17 Pane 5 Lawrence &Suzanne Oleszko Agenda Item 17 Page 6 Site Layout & Parking Plan lit.- _ ., ,,,, 111111111111.. IO ��� N .L" J A 7 N ' M '4..,-- - 2:- - , 1r V. i n 4 Vt. iam .40 pie .00' '3`arty- • xt r.► , r `IV .I.t1,-.- __ ., ., ,_ , . _, ..„, , ..,---" -1111' . \ a .1,al Iiirilit t 0 O 1 !! r Ftt:r $j O t. \ 1 E i -\iii . ., ., 0 a ,09 1771115 -,Li ' `2, _ -1 .r I 111 I—I 11(..7 -' ' '.1 Q 3 T- 8 Y s - Il anuany DItUellb' 500t7 I r 1 Ln I o Lawrence & Suzanne Oleszko Agenda Item 17 Paee 7 Site Photos -. Mil ce . _ ' -y yr 4r-Gina'NU 1. 1.!---7=-; '_,, ,y li• _...11/,'"11----Tr.__.-"'AI:failille-"•"-•••'..-. -------------- -: ,„4.11:1,--- 7-------0, _--, ---t.---,,...,.. _ ,.-----1-4_,,,_... --.--'..; .7--: t �4 x i —. f ' 'p \ F l R \ t \ Lawrence & Suzanne Oleszko Agenda Item 17 Page 8 Site Photos \ .- } ' t , . R a Viz, m r . Riuf4 I IU I _ v. _ O1 iiiiI Mill -�..>. l l—M:— ._- . .i��- _ �,";i �g te# - " -1k4 444 m‘' 1 111Q111kaN k'' .- . ....„. ,,,. I 4". f �� u. z ,y ` 0 I . . Ivy l i l Lawrence &Suzanne 0leszko Agenda Item 17 Page 9 Disclosure Statement vff..$ APPLICANT'S NAME 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 1 Modification of by City Property Conditions or Proffers Alternative Economic Development 1Nonconforming Use Compliance,Special Investment Program ng� Exception for (EDIP) I Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property 1 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 disclosures (2) Page 1 of 7 i a10-15-2020-SP �. 11-05-2020 -SP O Summer Peebles—11-05-2020—SUM/Liner 1'eeblek . Lawrence & Suzanne Oleszko Agenda Item 17 Paee 10 Disclosure Statement Virginia Beath g 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:Lawrence and Suzanne Oleszko 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only_toraperty owngr i1 different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. C Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names: Page 2 of 7 Lawrence & Suzanne Oleszko Agenda Item 17 Paee 11 Disclosure Statement 1/13 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (lii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of_1he 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 Lawrence &Suzanne Oleszko Agenda Item 17 Page 12 Disclosure Statement 1/13 APPLICANT Virginia Reach YES NO SERVICE PROVIDER(use additional sheets if needed) I I F1 Accounting and/or preparer of I I I� your tax return n E Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Z1 Construction Contractors n Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal 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 Lawrence & Suzanne Oleszko Agenda Item 17 Paee 13 Disclosure Statement Virginia Beaeh CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II 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. — --— Lawrence& Suzanne Oleszko 7/10/2020 APPLICANTS SIGNATUREL PRINT NAME DATE Page 5 of 7 Lawrence & Suzanne Oleszko Agenda Item 17 Paee 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. Lawrence &Suzanne Oleszko Agenda Item 17 Paee 15 STR VICI L- ITY MAP LAWRENCE AND SUZANNE OLESZKO - 4005 ATLANTIC AVENUE, UNIT 117 13.:0j/AA MIIN_ t-3_s-,1'1-..6 Y.f1-'1,:61_-,10'\,.4_\4,,1-._\e!.-3,\T` .'.,\:,:\'(1.'r'_'...\. Ss-'-- g -mot , 11\ K ceet 1t .l t fit, - _3_ % - d ti t 't,: t r 7---. __A �lts.'St. ----7-- . _4 �4 the ` l . alje�t tt a# . ,.,- ;AI. . •., \ \ ...„ , • vci \ \ it . l^ ti-Stree 1141 \ IlAsilitli ---../) -I------ ---kH \\wir ,.,31 STATUS • -').01-\ .__ \ 1 • Approved \ -� — \� • Denied \ ��-jam, ' o Y\' r-- \ Under Review ' - l S 1 a Registered ��' �-' t � + ` � t 1 YI l \ % 1 �` ____----A \ Item # 17 Lawrence & Suzanne Oleszko (Applicants & Owners) Conditional Use Permit (Short Term Rental) 4005 Atlantic Avenue, Unit 117 October 14, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, sir. The next two items are the short-term rental that has been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of section 241 .2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this request for items number 9 and 17. And, saying that I would move for approval on the Consent Agenda items 1 , 3, 6, 7, 8, 9, and 17. Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright : Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond 1 Mr. Redmond: AYE. Ms. Cartwright : Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By recorded vote of nine to zero, agenda Item numbers 1 , 3, 6, 7, 8, 9, and 17, with one condition added to agenda item number 6, have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE • Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 117, 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 2 neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 3 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION CHESAPEAKE PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 1 I/10/2020 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE A H W W B U E J R T I 0 BC D N O M O O L W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFINGS ADD ON SHOOTINGS UPDATE Paul W.Neudigate, Chief of Police A. VBCPS REVERSION FUNDING Farrell Hanzaker,Chief Financial Officer— Schools B. COMMERCIAL VEHICLE PARKING Wells Freed,Housing AND STORAGE Code Administrator C. ADDITIONAL LEGISLATIVE Ronald Williams, AGENDA ITEMS(DOME SITE AND Deputy City Manager CONVENTION AND VISITORS Dana Harmeyer,City BUREAU) Attorney D. CARES ACT INITIATIVE— RESCHEDULED MEMORANDUM OF UNDERSTANDING WITH TIDEWATER COMMUNITY COLLEGE E. PENDING PLANNING ITEMS Bill Landfair,Planning Evaluation Coordinator —Planning Kevin Kemp,Zoning Administrator II/l11/IV/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y V VNI SESSION A-E F. MINUTES APPROVED 8-0 Y A Y VYYY A Y A Y Y B B SPECIAL FORMAL SESSION S S October 20,2020 T T A A I I N N E E D D G. MAYOR'S PRESENTATION I. PROCLAMATION RESCHEDULEDTO NATIVE AMERICAN HERITAGE NOVEMBER 17,2020 MONTH 2. RECOGNITION 2020 Sister Cities Association of Virginia Beach(SCAVB) Youth Ambassador 3. PRESENTATION TO CITY COUNCIL —VB HOME NOW Ray Bjorkman, Chairman CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/10/2020 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ER NDN H. PUBLIC HEARING 1. AMENDMENT TO FY 2020-21 1 SPEAKER RESOURCE MANAGEMENT PLAN— SCHOOL REVERSION FUNDS J.l Ordinance to AMEND Section 7 of DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y Y Appendix J,Agricultural Reserve NOVEMBER 17, Program re eligibility criteria(Requested 2020,BY CONSENT by Councilmember Henley) J.2 Resolution to ADOPT a City Council DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y Policy for Public Outreach and INDEFINITELY Engagement re Development Applications that Require City Council Approval(Requested by Councilmember Henley) J.3. Ordinances to AMEND City Code: ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y CONSENT a. Section 2-75 re clarify law clerks as non-merit employees b. Section 2-411 re Emergency Management Coordinator c. Section 17-3 re increase the number of members to the Public Library Board J.4. Resolution to AUTHORIZE Twelfth ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Supplemental Master Water and Sewer CONSENT Bond Resolution of February 11,1992 and AUTHORIZE the sale of up to $101-MILLION Refunding Bonds,Series of 2020 J.5. Resolution to AUTHORIZE and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y DIRECT the City Manager to CONSENT EXECUTE a Memorandum of Agreement re The Hampton Roads Regional Groundwater Mitigation Program J.6. Ordinance to RELEASE$30-Million for ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Capital Project#100291,"Operations CONSENT Facility Renovations"re renovations of Municipal Center Buildings 1,2 and 11 J.7. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE from the Federal CONSENT Emergency Management Agency (FEMA)to the FY 2020-21 Fire Department Operating Budget: a. $208,246 re reimbursement of cost for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team to assist areas impacted by the Oregon Wildfires and Tropical Cyclones Laura and Marco CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/10/2020 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE A R H W W B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN b. $987,213 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team and AUTHORIZE 0.2 FTE c. $13,464(for the)FY 2018-19 and $83,833(for the)FY 2017-18 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team J.8. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE$24,010 from the CONSENT Department of Homeland Security to the FY 2020-21 Fire Department Operating Budget re purchase of a tracking system and personal protective equipment J.9. Ordinance to APPROPRIATE$1.8- ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Million from Fund Balance and CONSENT AUTHORIZE a$1.1-Million Grant to the Virginia Beach Community Development Corporation(VBCDC)and PROVIDE$700,000 to the Virginia Beach Development Authority(VBDA) and REQUEST the City Auditor to include annual audits of the VBCDC in the audit schedule for three(3)fiscal years J.10. Ordinances to APPROPRIATE in ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Coronavirus Relief Funds to the FY CONSENT 2020-21 Schools Operating Budget: a. $11,677,033 re eligible expenses such as supplemental staffing costs,personal protective equipment,cleaning supplies,and technology to support distance learning b $1,634,662 re consistent with the intent of the Elementary and Secondary School Emergency Relief Fund and Governor's Emergency Education Relief Fund • J.11. Ordinance to TRANSFER$246,158 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y within the FY 2020-21 Fire Department CONSENT Operating Budget from the 2017 FEMA Cooperative Agreement Grant re purchase equipment for the Virginia Task Force 2 Team CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/10/2020 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS O T T HE E E S S E O O E T I R Y S S ERNDN K. APPOINTMENTS RESCHEDULED 10-0 BYC ON S ENSUS 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION COMMUNITY ORGANIZATION Appointed: 10-0 Y Y Y YYY Y YAYY GRANT(COG)REVIEW AND Robert G.Hotheimer ALLOCATION COMMITTTEE -Representing the Public Library Board 3 Year Term 11/10/2020-10/31/2023 GREEN RIBBON COMMITTEE Reappointed: 10-0 Y Y Y YYY Y Y A Y Y William Almond Jason Barney Robert Bourdon Karen Forget 1 Year Term 11/10/2020-10/31/2021 MILITARY ECONOMIC Appointed: 10-0 Y Y Y YYY Y Y A Y Y DEVELOPMENT ADVISORY Lauren V.Heckelman COMMITTEE Unexpired Term thru 2/28/2023 OLD BEACH DESIGN REVIEW Appointed: 10-0 Y Y Y YYY Y Y A Y Y COMMITTEE Patty F.Jarm— Representing the Old Beach District Resident 11/10/2020-No Term L/M/N ADJOURNMENT 7:08 p.m. OPEN DIALOGUE 7 SPEAKERS 7:29 p.m.