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HomeMy WebLinkAbout04-06-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G1N�'BEc MAYOR ROBERT M. "BOBBY"DYER,At Large 41- VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 pk JESSICA P.ABBOTT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 BARBARA M.HENLEY,Princess Anne-District 7 �' LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large '*r • - AARONR.ROUSE,At Large °` °u■ woo"' GUY TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR April 6,2021 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M."BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFING -Virginia Beach Convention Center- 12:00 PM A. EXTERNAL AUDIT CONTRACT Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. FY 2021-22 RESOURCE MANAGEMENT PLAN (Budget) 1. COMMONWEALTH'S ATTORNEY 12:15 PM Colin Stolle, Commonwealth's Attorney 2. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES 12:30 PM Stephen Williams,Director 3. EMERGENCY MEDICAL SERVICES 12:45 PM Chief Edward Brazle 4. FIRE DEPARTMENT 1:00 PM Chief David Hutcheson 5. POLICE DEPARTMENT 1:15 PM Chief Paul Neudigate 6. SHERIFF AND CORRECTIONS 2:00 PM Sheriff Kenneth Stolle 7. CLERK OF CIRCUIT COURT 2:15 PM Tina Sinnen, Clerk 8. JUVENILE AND DOMESTIC RELATIONS COURT 2:30 PM Honorable Philip C. Hollowell, Chief Judge B. FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) 1. INFORMATION TECHNOLOGY 2:45 PM Kevin Fairley, Information Services Administrator 2. COASTAL 3:00 PM Daniel Adams, Coastal Program and Project Management—Public Works III. COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION Virginia Beach Convention Center- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION March 8, 2021 2. SPECIAL SESSION March 9, 2021 3. INFORMAL and FORMAL SESSIONS March 16, 2021 G. MAYOR'S PRESENTATION 1. HELP CAN'T WAIT— SICKLE CELL AWARENESS MONTH APRIL 2021 Michelle Ellis Young, Executive Director—American Red Cross of Coastal Virginia Eric Majette, Sickle Cell Regional Account Manager—American Red Cross of Coastal Virginia H. PUBLIC HEARING 1. CAFÉ FRANCHISE AGREEMENT Criollos, Inc. t/a Criollo's Latin Food Café at 2006 Atlantic Avenue re sidewalk cafe I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to EXTEND the Sunset Date to April 5, 2022, re residential permit parking in the Historic Cavalier Shores Neighborhood(Deferred from March 2, 2021) 2. Ordinance to GRANT a Franchise Agreement to Criollos, Inc.t/a Criollo's Latin Food Café at 2006 Atlantic Avenue re sidewalk café 3. Ordinance to AMEND City Code Section 35-42 re disabled veteran personal property tax exemptions 4. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances and enter into a contract with Cherry Bekaert, LLP at an estimated cost of$189,425 5. Resolution to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT Corrections to the Road Inventory for Urban Maintenance Payments 6. Ordinance to ADOPT the 2021 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier, open-sided roof, and boat lift 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier, boat lift, and jet ski floats 9. Ordinance to AUTHORIZE one (1.0 FTE) Grant-Funded position in the Office of Emergency Management re support Flood Mitigation Assistance Program K. PLANNING 1. MARGERY & AJ ELLIS for a Conditional Use Permit re short term rental at 5632 Freewill Lane DISTRICT 1 - CENTERVILLE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 2. JAIME DYMOND for a Conditional Use Permit re short term rental at 3817 Daiquiri Lane DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 3. BENJAMIN A.ABAIR for a Conditional Use Permit re short term rental at 2513 Mortons Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 4. JOSEPH LAYNE DONOVAN for Conditional Use Permits re short term rentals at 525 13th Street,Units A&B DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 5. CESJB, LLC for a Conditional Use Permit re short term rental at 409 24th to Street DISTRICT.6—BEACH RECOMMENDATION: APPROVAL 6. ALBERT & ENIT LULUSHI for a Conditional Use Permit re short term rental at 528 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 7. CYNTHIA SHEPPARD for a Conditional Use Permit re short term rental at 304 28th Street,Unit 201 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. RYAN SUMMERS for a Conditional Use Permit re short term rental at 304 28th Street, Unit 113 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. CORTNEY ROSE, TRUSTEE OF THE ROSE FAMILY TRUST/ THE ROSE FAMILY TRUST for a Conditional Use Permit re short term rental at 721 13th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. RICHARD&PATRICIA HALL REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 947 Indian Circle DISTRICT 6—BEACH RECOMMENDATION: DENIAL 11. CHARLES K.BAIN&KATHY BAIN for a Conditional Use Permit re short term rental at 915 Pacific Avenue,Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** *.*..***********************.****** 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 pmcgrawAvbgov.com or call 385-4303. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e7801f63fe2f1 9f5d496a920de284 7707 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 6, 2021. MAYOR ROBERT M."BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Virginia Beach Convention Center- 12:00 PM A. EXTERNAL AUDIT CONTRACT Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. FY 2021-22 RESOURCE MANAGEMENT PLAN (Budget) 1. COMMONWEALTH'S ATTORNEY 12:15 PM Colin Stolle, Commonwealth's Attorney 2. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES 12:30 PM Stephen Williams,Director 3. EMERGENCY MEDICAL SERVICES 12:45 PM Chief Edward Brazle 4. FIRE DEPARTMENT 1:00 PM Chief David Hutcheson 5. POLICE DEPARTMENT 1:15 PM Chief Paul Neudigate 6. SHERIFF AND CORRECTIONS 2:00 PM Sheriff Kenneth Stolle 7. CLERK OF CIRCUIT COURT 2:15 PM Tina Sinnen, Clerk 8. JUVENILE AND DOMESTIC RELATIONS COURT 2:30 PM Honorable Philip C. Hollowell, Chief Judge B. FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) 1. INFORMATION TECHNOLOGY 2:45 PM Kevin Fairley, Information Services Administrator 2. COASTAL 3:00 PM Daniel Adams, Coastal Program and Project Management—Public Works III. COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION -Virginia Beach Convention Center- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION March 8, 2021 2. SPECIAL SESSION March 9, 2021 3. INFORMAL and FORMAL SESSIONS March 16, 2021 G. MAYOR'S PRESENTATION 1. HELP CAN'T WAIT—SICKLE CELL AWARENESS MONTH APRIL 2021 Michelle Ellis Young, Executive Director—American Red Cross of Coastal Virginia Eric Majette, Sickle Cell Regional Account Manager—American Red Cross of Coastal Virginia cOlA.1342,-.1\ „IN,' 4 4 • 1 'ftikiL\ 411t20 fir a... ,. 4sC+ 9+s 0��GF °UN 0t`°h 14 fivotta oration Whereas: The City of Virginia(Beach is committed to ensuring the safety and security of alI those living in and visiting the City of'Virginia(Beach;and Whereas: A sufficient blood supply is a public safety issue both locally andnationafy, and our hospitals and medical centers need a readily avaifa6Ce supply for our residents and visitors;and Whereas: One brood donation can help up to three patients,and although an estimated 38% of the 'U.S. population is eligible to donate blood, less than 10% do; and Whereas: Blood transfusions help to provide a lifesaving treatment for patients with Sickle Cell(Disease, the most common genetic blood disease in the V S. A condition that occurs in 1 in 365 BCackorAfrican American births;and Whereas: The City of'Virginia Beach is home to several-committed public service and private organizations working to raise awareness about the importance of brood donation as a way to support the Sick Cell Community. Wow Therefore, I Robert Y. (Dyer, !Mayor of the City of'Virginia Beach, 'Virginia, do hereby proclaim: April-2021 5e(p Can't Wait — SIC lale Celt)fwareness gietontfi In'Virginia Beach,we are honored to have American Red Cross of Coastal-Virginia,Sickle Cell Association, Inc. -7fampton Roads, and-%ewJerusalem Ministries working towards raising awareness about the benefits of donating blood and sickle cell disease. I urge all the people of the City of'Virginia Beach to support focal blood drives. In'Witness Whereof;I have hereunto set my hand and caused the Official-Seal-of the City of'Virginia Beach, 'Virginia, to be affixed this First day of April TwoThousand Twenty -One. ,6#12444 1296ert M. "(Bobby"cDyer Mayor H. PUBLIC HEARING 1. CAFÉ FRANCHISE AGREEMENT Criollos, Inc. t/a Criollo's Latin Food Café at 2006 Atlantic Avenue re sidewalk cafe Nu ael PUBLIC NOTICE In accordance with Virginia Code§2.2-3708.2,Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on March 2,2021,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 6,2021 at 6:00 p.m.in Suite 5 of the Virginia Beach Convention Center. Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below. Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a mask while in the Convention Center. Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations. All interested parties are invited to observe. The hearing will be regarding a proposed café franchise agreement for City-owned property located at the following location: 2006 Atlantic Avenue to Criollos,Inc.,t/a Criollo's Latin Food Cafe,for a Sidewalk(Atlantic to Pacific) Café. The purpose of the hearing will be to obtain public comment on the proposed franchise agreement on City property.A copy of the franchise agreement is on file in the City Clerk's office. Any questions concerning the above-referenced franchise should be directed to Kathleen Warren, SGA Office, by calling (757) 385- 2901. 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.webex.com/vbgovionstage/g.oho? MTID=e7801f63fe2f19f5d496a920de2847707 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on April 6,2021. 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. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Due to the ongoing Covid-19 Pandemic,please check our website at www.vbgov.com/governmentideoartments/cityclerk/cit v-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MARCH 28,2021-1 TIME EACH I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to EXTEND the Sunset Date to April 5, 2022, re residential permit parking in the Historic Cavalier Shores Neighborhood (Deferred from March 2, 2021) 2. Ordinance to GRANT a Franchise Agreement to Criollos, Inc. t/a Criollo's Latin Food Café at 2006 Atlantic Avenue re sidewalk café 3. Ordinance to AMEND City Code Section 35-42 re disabled veteran personal property tax exemptions 4. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances and enter into a contract with Cherry Bekaert, LLP at an estimated cost of$189,425 5. Resolution to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT Corrections to the Road Inventory for Urban Maintenance Payments 6. Ordinance to ADOPT the 2021 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier, open-sided roof, and boat lift 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier, boat lift, and jet ski floats 9. Ordinance to AUTHORIZE one (1.0 FTE) Grant-Funded position in the Office of Emergency Management re support Flood Mitigation Assistance Program [ .-.14,"%,-.,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Extend the Sunset Date of Article III, Division 5 of Chapter 21 of the City Code Pertaining to Residential Permit Parking in the Historic Cavalier Shores Neighborhood MEETING DATE: April 6, 2021 • Background: In 2019, the City Council approved a one-year temporary residential parking program in the Historic Cavalier Shores Neighborhood in response to concerns raised by the Cavalier Shores Civic League and its residents regarding on- street public parking on the 200 blocks of 43rd, 44th, and 45th streets. The civic league was concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. The pilot program has been successful, and because construction of the hotel project continued, the City Council last year approved a one-year extension of the program to April 5, 2021. in Considerations: Construction of the hotel project has not been completed. The residents have requested an additional extension of the program as a result. This ordinance would extend the program to April 5, 2022. This item was first included in the Council agenda for the March 2, 2021 meeting, but the City Council deferred it to April 6, 2021. • Public Information: Information regarding this ordinance has been and will be provided through the normal agenda process. Additionally, a public presentation on this program was given to the City Council during the Council's March 23, 2021 workshop. • Attachments: Ordinance and Civic League Request Letter. Submitting Department/Agency: Strategic Growth Area Office/Planning Departmen City Manager: pap 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 8 Virginia Landmarks Register, noting: 9 10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 11 housing development sponsored by the city's now-iconic Cavalier Hotel, 12 which opened that same year. While the neighborhood's direct link to the 13 hotel has since faded, a brick promenade leading to a gate to the hotel 14 grounds recalls the earlier connection. Cavalier Shores is an example of 15 coastal suburban development during the first half of the 20th century. Its 16 dense housing dating to the era indicates the neighborhood's early 17 popularity and subsequent growth. Its seven blocks of houses are 18 predominated by Colonial Revival style designs, with Tudor Revival and 19 Minimal Traditional. Lining the neighborhood's alleyways are a complement 20 of rear garages and guesthouses, the latter a common feature of coastal 21 developments of the era. The district also conveys a sense of beautification 22 and landscaping, a defining aspect of the neighborhood since the 1920s. 23 Most of the district's lots were developed by the late 1960s. Today, Cavalier 24 Shores is a rare collection of early-20th century residential architecture in 25 Virginia Beach. 26 27 WHEREAS, the Cavalier Shores Historic District also is listed in the National 28 Register of Historic Places; 29 30 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 31 Shores is a unique area that consists of"dense housing" dating to an era when driveways 32 were less common, and current residents of Cavalier Shores require on-street parking for 33 their vehicles; 34 35 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 36 to or near their homes has been severely impacted as a result of the multi-year 37 construction associated with the Cavalier Hotel project; 38 39 WHEREAS, the City Council desires to address the unique needs of this historic 40 neighborhood during the time of construction by extending for another year the one-year 41 temporary pilot program it previously established—separate and apart from the current 42 Residential Parking Permit Program—to continue to address the parking needs of 43 Cavalier Shores residents. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 85 Sec. 21-384. - Permits generally. 86 87 The City Treasurer or the city's parking management office shall issue residential parking 88 permits pursuant to this division in accordance with the procedures set forth in section 89 21-354. However, no permit shall be issued pursuant to this section for employee parking 90 in the Cavalier Shores Neighborhood. 91 92 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 93 VIRGINIA BEACH, VIRGINIA: 94 95 That the effective date of this ordinance shall be April 5, 2021, and that, absent 96 additional action by the City Council to the contrary, this ordinance shall automatically 97 sunset and expire on April 5, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attomey's Office (' CA15326 R-2 February 18, 2021 The Historic Cavalier Shores Civic League 214 44" Street Virginia Beach, Virginia 23451 February 11, 2021 Patrick Duhaney Municipal Center - Building t 2401 Courthouse Drive Ciity of Virginia Beach Virginia Beach, Wginia 23456 Dear Patrick, Or March 15, 2019, the City Council approved a temporary parking progra-r for the Cavalier Shores neighborhood, one of the few neighborhoods in Virginia Beach c:assifie0 as "Historic" on the Virginia Historical Registry, This program limited parking by non-residents to three (3) hours per day. The program was critically needed because of the excessive parking demand created by the construction and hotel workers involved in the restoration and operation of the Historic Cavalier. Given the 1920's road and neighborhoods design In Cavelle- Shores, on street parking is required by a significant number of the residents. The neighborhood has always welcomes beach goers and other guests, but the commercial parking in the neighborhood brought on by the Cavalier project was overpowering the limited on street parking The parking program created by the City has worked welt to limit the duration of _ time that non-residents can park in Cavalier Shores, enabling residents to more often access parking in front of their own homes. Due to the ongoing construct on at the Marriott, the condos and related road work, in early 2020,the parking program was extended for another year. Currently. the construction of the new hotels,the Condos and street alignment continues, creating the same, if not increased, parking demands, Aaditionaliy. the employees, the grounds workers and guests of the two hotels seek daily parking in Cavalier Shores. F,naliy, guests of the Cavalier Residences also park on the streets of Cavalier Shores due to the insufficient parking built into the development of the Residences Due to the success of me parking program, we respectfully ask that it be cone=nuec for enatht r year or indefinitely to address the continued parking shortfall caused by the hotels, Cavalier Residences, and the road realignment described above. Sincerely yours, 7 fit./dick. Bernice Pope. President, Historic Cavalier Shores Civic League ( v;;:' , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for an Outdoor Café in the Resort Area MEETING DATE: April 6, 2021 a Background: City Council adopted revised regulations for outdoor café franchises ("Revised Regulations") on October 20, 2020. The Revised Regulations simplify the outdoor café franchise program and allow more flexibility for outdoor café owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. a ConsIu I au..As: Criollos, Inc., t/a Criollo's Latin Food Cafe, is seeking a one-year franchise agreement for the operation of a Sidewalk (Atlantic to Pacific) café at 2006 Atlantic Avenue. a Public Information: A public notice was published in The Beacon on March 28, 2021. a Attachments: Ordinance, Disclosure Form, Café Location Map and Photo Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Areas Office City Manager: 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, Criollos, Inc., t/a Criollo's Latin Food Cafe, is seeking a one-year 24 franchise agreement for the operation of a Sidewalk (Atlantic to Pacific) café at 2006 25 Atlantic Avenue; and 26 27 WHEREAS, the Strategic Growth Area Office recommends that the above- 28 named entity be granted an outdoor café franchise agreement. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH: 32 33 That the City Council hereby grants a one-year franchise agreement to Criollos, 34 Inc., t/a Criollo's Latin Food Cafe, for the operation of a Sidewalk (Atlantic to Pacific) 35 café at 2006 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of 2021. APP; OVED S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. ti'.n4.c. d L- C--- trategic Growth Area Office City Attorney's Office CA 15345 R-1 March 18, 2021 Disclosure Statemen Cey c J 1'rrrsr Bluth 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 Criollos, Inc. Does the applicant have a representative? ME Yes 0 No • If yes,list the name of the representative. Wilfredo Andrade, Gerardo Ruiz 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) Wilfredo Andrade, Gerardo Ruiz owners of Criollos, Inc. Officers/Directors: Karen Malendez, Olga Posada • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a 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. 11Page Disclosure Statement \113 City of t ryrrtio Baal,._ 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 ® 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 m 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? ❑ 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 0 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 0 No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement 'NB Cum of 8,7¢t a N , 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? I Yes ❑ No • If yes,identify the construction contractor. Ruiz Dry Wall Inc. --performing renovations.. Class A Contractor(License#2705151779) 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?0 Yes I 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? 0 Yes • 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 Wilfredo Andrade, Owner, Criollos, Inc. Print Name and Title 3/11/21 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 Wage Disclosure Statement VI3 Planning & Community Development Continue to Next Page for Owner Disclosure 4IPage Disclosure Statement Ley of vnV nin Beat Penning& Community Development Owner Disclosure Owner Name Sam Jon Associates, L.P. Applicant Name Criollos, Inc. Is the Owner 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) Ownership: 85% John Perros, 5% Doreen Walter, 5% Stacie Perros, 5% Georgette Sierra Property manager/representative: Gabriel Sierra. Legal Advisor/Business Attorney: Jeff T.Talbert • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Not applicable 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 I 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. "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. SIPage Disclosure Statement NB City of Vagina Planning &Community ,£w.1.\._ 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. No debt/mortgage financing relationship with the applicant. 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 real estate broker/realtor. 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? 0 Yes ii No • If yes,identify the firm or 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? 0 Yes it 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 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 A No • If yes,identify the construction contractor. 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 0 No • If yes,identify the engineer/surveyor/agent. Commercial tenant broker: John Katsias (Katsias& Co)for leasing process only. No other affiliation with applicant. Wage Mar 16 2021 9:21 am p.1 Disclosure Statement 153 cav of Virginia&ark r,,,,,,,e,.,.�.» .....�,.,os.k,y Planning&Community ,,.;.,..---r`"' `'�, ., Development •,,_.rs.r r`•.r . 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?IN Yes ❑ No • If yes,Identify the name of the attorney or firm providing legal services. Jeff T.Talbert. Law firm of Ruloff,Swain,Haddad,Morecock,Talbert,Woodward. Representing Property Owner only. 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 body or committee In connection with this application. Owner Sig aye r• de",/ r / /z.a.i =.ti Prin Fame and Title John Perros,Property Owner Date 7IPage c°mfO"Inn&5u'tes CRIOLLOS, INC. __. .. r--i — — t/a CRIOLLO'S LATIN OR `\ FOOD CAFÉ 1 �, ` 2006 Atlantic Avenue i Vapes Resort °try c. �heC - Sidewalk Café Type N —�` (Atlantic to Pacific) OP ,io i`s j Criollo's Latin Food Café OR Property Lines A I BuildingFootprint ii. �, __-- El Zoning v Green Space p51Or Ma m 400,nare _ ! Paved Surface 400000V , , , , � R SUnsatl°115 ..�. OFF 10 0 10 20 30 40 50 Feet a L" v f ... 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' V\ \I '.7. , '' % , r .4C3u. < i riter � i3 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 35-42 of the City Code Regarding Administration of Disabled Veteran Personal Property Tax Exemptions MEETING DATE: April 6, 2021 • Background: In the November 2020 election, the voters of the Commonwealth approved an amendment to the Virginia Constitution to provide an exemption from personal property taxes upon one motor vehicle owned and used primarily by or for a veteran with a "one hundred percent service-connected, permanent, and total disability." The Governor has signed legislation, 2021 Acts of Assembly, c.158, to implement the amendment to the Virginia Constitution and codify such exemption as § 58.1-3668 of the Virginia Code. The legislation allows the City to enact an ordinance for the administration of the personal property exemption. • Considerations: The attached ordinance provides for the Commissioner of the Revenue (the "Commissioner") to administer the personal property tax exemption. The ordinance includes the requirement to submit information to the Commissioner for a determination of eligibility. Because the Commissioner also administers the real property tax exemption for disabled veterans, the information currently in the possession of the Commissioner will assist in the orderly and efficient administration of the new personal property tax exemption. The amendment to the Virginia Constitution and the text of the 2021 Acts of Assembly include an effective date for the exemption of January 1, 2021. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; 2021 Acts of Assembly c. 158 Recommended Action: Approval Submitting Department/Agency: Commissioner of Revenue City Manager: .) 1 AN ORDINANCE TO AMEND SECTION 35-42 OF 2 THE CITY CODE REGARDING THE 3 ADMINISTRATION OF DISABLED VETERAN 4 PERSONAL PROPERTY TAX EXEMPTIONS 5 6 Section Amended: § 35-42 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT 10 11 Section 35-42 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-42. - Administration of tax exemption program for disabled veterans, 15 surviving spouses of servicemembers killed in action, and surviving spouses of 16 certain first responders killed in the line of duty; application of exemption 17 programs to special service districts; disabled veteran personal property 18 exemption. 19 20 (a) The disabled veteran real property tax exemption, surviving spouse of 21 servicemembers killed in action, and surviving spouse of certain first responders killed 22 in the line of duty programs shall be administered by the commissioner of the 23 revenue. The commissioner of the revenue shall administer these programs in 24 accordance with the Virginia Constitution and the Virginia Code. 25 26 (b) For the programs described in subsection (a), the exemption or partial exemption 27 authorized by the General Assembly shall extend in the same manner to any 28 additional levies imposed by special service districts. 29 30 (c) The disabled veteran personal property exemption authorized by Virginia Code 31 58.1-3668 shall be administered by the commissioner of the revenue. The 32 commissioner of the revenue shall administer this program in accordance with the 33 Virginia Constitution and the Virginia Code. Any applicant seeking such exemption 34 shall make an application to the commissioner of the revenue. Such application shall 35 include information sufficient for the commissioner of the revenue to determine initial 36 eligibility, and the commissioner shall confirm continuing eligibility for such exemption 37 every three years thereafter. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVE AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY: Aro 14_, / /-y/ , Commissioner o!Revenue I J A ey's Office CA15369/R-1/March 25, 2021 2021 SPECIAL SESSION I ENROLLED 1 VIRGINIA ACTS OF ASSEMBLY—CHAPTER 2 An Act to amend the Code of Virginia by adding in Article 5 of Chapter 36 of Title 58.1 a section 1--, 3 numbered 58.1-3668, relating to personal property tax exemption; motor vehicle of a disabled 4 veteran. . 5 [S 1130] 0 6 Approved r 7 Be it enacted by the General Assembly of Virginia: r 8 1. That the Code of Virginia is amended by adding in Article 5 of Chapter 36 of Title 58.1 a ' 9 section numbered 58.1-3668 as follows: 10 §58.1-3668. Motor vehicle of a disabled veteran. 11 A. As used in this section, "motor vehicle" means only a passenger car or a pickup or panel truck, 12 as those terms are defined in §46.2-100, that is registered for personal use. 13 B. Pursuant to subdivision (a) (8) of Article X, Section 6 of the Constitution of Virginia, one motor 14 vehicle owned and used primarily by or for a veteran of the Armed Forces of the United States or the 15 Virginia National Guard who has been rated by the U.S. Department of Veterans Affairs or its 16 successor agency pursuant to federal law with a 100 percent service-connected, permanent, and total 17 disability shall be exempt from taxation. Any such motor vehicle owned by a married person may qualms CO 18 if either spouse is a veteran who is rated as 100 percent disabled. Any locality may establish procedures 19 for a veteran to apply for the exemption and may enact any ordinance necessary for administration of o 20 the exemption. Cn 21 C. This exemption shall be applicable beginning on the date the motor vehicle is acquired or X) 22 January 1, 2021, whichever is later, and shall not be applicable for any period of time prior to January 23 1, 2021. The exemption shall expire on the date of the disabled veteran's death and shall not be 24 available for his surviving spouse. 25 D. The provisions of§58.1-3980 shall apply to the exemption granted pursuant to this section. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing an Independent Audit of the City of Virginia Beach's Finances MEETING DATE: April 6, 2021 • Background: The City Code requires the City Auditor to coordinate and manage the audit contract of the City's Comprehensive Annual Financial Report (CAFR) and related federal grants. Section 8.06 of the City Charter requires an annual independent audit with the firm selected by the City Council. A financial audit selection committee, comprised of City and School representatives, was appointed by the City Auditor. The purpose of the committee was to recommend to the City Council and the School Board an accounting firm to conduct an independent audit of the City's and School's financial statements for fiscal years 2021 and 2022. • Considerations: The financial audit selection committee prepared and Purchasing distributed a Request for Proposals (RFP) to the largest international, national, and regional accounting firms. As a result of the process, the committee recommends award of the contract to Cherry Bekaert, LLP (CF` The RFP selection committee conducted negotiations with CB, which resulted in the following audit costs for the fiscal year ending June 30, 2021: Total: $245,525: City: $171,100; Schools*: $56,100* (The RFP allows Schools to enter into a separate contract with CB using the pricing negotiated by the selection committee); Development Authority: $18,325. The proposed contract is for two years, and there is a mutual option that may be exercised by the parties for up to three annual renewals. The contract includes an escalation clause that is pegged to the CPI Urban and not to exceed five percent. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Auditor City Manager:0 1 AN ORDINANCE AUTHORIZING AN INDEPENDENT 2 AUDIT OF THE CITY OF VIRGINIA BEACH'S 3 FINANCES 4 5 WHEREAS, the City Charter requires an independent audit of the City's finances 6 at the end of each fiscal year; 7 8 WHEREAS, a financial audit selection committee prepared and Purchasing 9 distributed a Request for Proposals ("RFP") for an independent audit of the City's financial 10 statements, including the Virginia Beach City Public Schools (VBCPS) and Development 11 Authority, for the 2021 through 2022 fiscal years, respectively; 12 13 WHEREAS, after evaluating the proposals, the selection committee has 14 recommended Cherry Bekaert, LLP, to perform the independent audit; 15 16 WHEREAS, pursuant to the RFP, the VBCPS intends to enter into a separate 17 contract for this audit; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. The City Manager is hereby authorized to enter into a contract with Cherry 23 Bekaert, LLP, in a form acceptable to the City Attorney, for the performance of an 24 independent annual audit of the financial statements of the City of Virginia Beach and the 25 City of Virginia Beach Development Authority for FY 2021 and 2022, at an estimated cost 26 of$171,100 and $18,325 for FY 2021. 27 28 2. The City Manager is hereby authorized to renew the contract, subject to the 29 availability of appropriated funds, for additional years thereafter, not to exceed three one- 30 year periods. Adopted by the Council of the City of Virginia Beach on the day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Auditor's Office i orney's ice CA15368 R-1 March 24, 2021 �_. ,-:-1 liL•4 � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Virginia Department of Transportation Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: April 6, 2021 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon the City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT has provided the City with the FY21 reimbursement rates: local/collector streets will be reimbursed at $13,011.71 per lane mile, and arterial streets will be reimbursed at $22,161.46 per lane mile. • Considerations: The attached resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 0.16 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 0.76 lane miles of local/collector streets to be added back to the inventory. The net increase between the deletions and corrections is 0.60 lane miles of local/collector streets. Based on the present VDOT reimbursement rates indicated above, the total net increase in urban maintenance lane miles from the corrections will result in a funding increase of$7,807.03 per year from VDOT. • Public Information: Normal City Council's agenda process. • Recommendations: Approval • Attachments: Resolution; Exhibit A Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 CORRECTIONS TO THE ROAD INVENTORY FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit A (attached), resulting in a net increase of 0.60 (Local/Collector) lane miles; 16 and 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved the corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby requests the Virginia Department of Transpor±a+'on 25 to accept the corrections listed on Exhibit A, attached hereto and incorporated by 26 reference. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. a (Pt Department !'u lic Works 's Office CA15363 R-1 March 25, 2021 City of Virginia Beach Exhibit A - Changes Public Works/Operations Additions/Replaced deletions Street Type STREET FROM TO LANE MILES LOCAL CHAMBERINO DR ARTESIA WY S DEAD END 0.76 Total Lane Miles of LOCAL streets: (' Total Lane Miles of Additions/Replaced deletions : 0.76 Deletions Street Type STREET FROM TO LANE MILES LOCAL ALLERSON LA RT 1865 THOROUGHGOOD RD CUL-DE-SAC S -0.12 Total Lane Miles of LOCAL streets: -0.12 Total Lane Miles of Deletions : -0.12 [Deletions/TO be replaced Street Type STREET FROM TO LANE MILES LOCAL CHAMBERINO DR ARTESIA WY S DEAD END -0.04 Total Lane Miles of LOCAL streets: -0.04 Total Lane Miles of Deletions/To be replaced : -0.04 Tuesday,February 9,2021 Page 1 of 1 ' ....., , , _ _ _...._ ,_ ..... c _ , ,,, _ k ._ ... 4,4,- ...„ _ _.._ _ , ,,,,,i.. = . . . s ' 4 11:»." 9c ?/g pR .:..� •DES\P`NP� ��. Vil- 0 0 0 0VIA CO o/ o �' O 0 CHAMBERINO DR o'C' S OP ck tly ,,,,,,-44 p O. �0 N/MM p p �� v14<<FR/t w c gY gSg o� Cd /Np cT `/ fr`ROF 1'gY c.) o sge/fig kk • v, ccx .cc/LS-F<P 0 c Sego O 1. T 7.e) i. A BRp,SILENO C� INI Additions/Replaced N Q- o ) VDOT Street Report q ,Z ��% City of Virginia Beach Department of Public Works /--� February 2021 FIRST COURT RD "I c H R . P• ► " .�QP 4� J 2`� 73 = O ♦` 70 a u' z R BISHOPS J o O Sc • 41, Two WOODS RD THORODG OOD LN THQ"OUGHGOOD DR �� 0 co N Z n w 0 Z Z Y 0 i`Z73 UJ O l � v rn ALLERSON LN 0 z 73 WAKEFIELD DR v � �G-V�C\F a N W . c) O N Deletions/To be replaced p RM/�AGFR VDOT Street Report N I �� City of Virginia Beach S�11iE<< moo Department of Public Works �N February 2021 N ., ,. , _ , . .- , . „ `\\ V - ,s, i._' t-� o is _. : . _ .: ,... .., , . ... .. 4„, 44 DR ;c-) \.-C°‘ 2 • �Q n O ig O, yZ 2 -Sr O 2 2 n O i) CHAMBERINO DR ctil �T SPA" Py 4, 40 ,,,,,,,, O� �o HiMMpp ,o, v�<<FRi,, , C IC1N0c: wqY nr Ski > ti0�� N C Se 'Pp q0 T 'F'O ., BRASILENO CT 0 mi Deletions/To be replacedct E /- N Q oA o VDOT Street Report �� Z ��QQ� City of Virginia Beach �''`'''s, c:I, Department of Public Works �- February 2021 ,ic-,;;l:\ q7 I\ ,'C CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Adopt the 2021 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 6, 2021 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally funded Housing Choice Voucher program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit: (1) an Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program; and (2) an HCV Administrative Plan. • Considerations: In the HUD-required planning cycle, a new Annual Agency Plan is required and is included as an attachment to this agenda request. The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the applicable Five-Year Plan. The most recent Five-Year plan was approved by the City Council in 2020. The Annual Plan also describes the organization of the HCV Program including details of the strategies employed in satisfying affordable rental housing needs in the City. DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. The Annual Plan must be submitted electronically by April 15. The HCV Administrative Plan details the policies and procedures that govern the day-to- day operation of the HCV Program. The previously approved Administrative Plan has undergone revision and the updated Administrative Plan is included for approval in this ordinance request. DHNP is required to provide electronically updated HCV Administrative Plans to HUD and will submit them upon Council approval of this ordinance. • Public Information: In addition to the normal advertising that is part of the Council agenda process, the Annual Plan and the proposed revisions to the HCV Administrative Plan were advertised to the public on the City's website on March 2, 2021 and through a newspaper notice on March 4, 2021. A copy of each of the referenced plans is available for public inspection online at DHNP website. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Executive Summary of the HCV Administrative Plan, Annual Plan Recommended Action: Approval Submitting Dep t/Agency: Ho si Neighborhood Preservation City Manager: 1 AN ORDINANCE TO ADOPT THE 2021 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN AND REVISED 3 ADMINISTRATIVE PLAN AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AND SUBMIT THE PLANS TO 5 THE U.S. DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 10 formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit an HCV Administrative Plan and 14 either: (i) an Annual Agency Plan for each fiscal year in which DHNP receives federal 15 funding for its HCV Program; and (ii) an HCV Administrative Plan; 16 17 WHEREAS, the Annual Agency Plan provides an update to HUD on DHNP's 18 progress in achieving the goals of the current Five-Year Plan; 19 20 WHEREAS, the purpose of the HCV Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The DHNP's Annual Agency Plan and Revised HCV Administrative Plan for the 27 Housing Choice Voucher Program (the "Plans") are hereby approved, provided 28 such Plans conform in all material aspects to the Annual Plan and Executive 29 Summary of Administrative Plan attached hereto; and 30 31 2. The City Manager is hereby authorized to execute and submit the Plans and 32 any certifications regarding such Plans to the U.S. Department of Housing and 33 Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t� l - V Housing & Neighborhood Preservatio o ey's ice CA15370 R-1 March 25. 2021 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation(DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2020. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 7, 2020 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Executive Summary 2021 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for special purpose (e.g. continuum of care), including funding for specified families or specified category of families (Chapter 4); • Occupancy polices, including definition of what group of persons may qualify as a"family", definition of when a family is considered to be"continuously assisted", standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 1); • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit(Chapter2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program is a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards (Chapter 8); 2 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 • The method of determining reasonable rent to owners (Chapter 11); • Special policies concerning special housing types in the program(e.g. use of shared housing) (Chapter 4); • Policies concerning debts owed by families to DHNP (Chapter 17); • Interim re-determinations of family income and composition(Chapter 12); • Restrictions on the number of moves by a participant family(Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: • Eligibility, selection and admissions policies, including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment and substantial deviations or modifications • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found As mentioned, many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. 3 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 In addition to City Council adoption of the 2021 Agency Plan, there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan, and is previously cited. On February 26, 2021, the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 8, 2021, in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submission along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2021, which is the required 75 days before the beginning of our Fiscal Year of July 1, 2021. Administrative Plan: Staff has developed revisions to the 2021 plan. Primary differences between the prior plan and this proposed revision are as follows: • For the Tenant Based Rental Assistance(TBRA)program(which is targeted toward preventing homelessness), we amended the administrative plan to provide an automatic briefing to qualifying graduates of the program. The plan previously only allowed for a preference, so only those TBRA graduates who applied in 2012 qualified. • We are amending the administrative plan to allow us to charge$50 for a 3`d inspection(and any subsequent inspections) if the first two were both owner- caused. This will allow more efficient use of inspectors' time as it gives an incentive to owners to prepare units before our inspectors visit, and to be more thorough in following the deficiency report. The policy is modeled on Code Enforcement's Certificate of Compliance Rental Inspection Program. These proposed revisions were advertised and made available along with the Annual Plan as noted above. 4 Streamlined Annual U.S.Department of Housing and Urban Development OMB No.2577-0226 Office of Public and Indian Housing Expires: 02/29/2016 PHA Plan (High Performer PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,Hiles,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families Applicability. Form HUD-50075-HP is to be completed annually by High Performing PHAs. PHAs that meet the definition of a Standard PHA,Troubled PHA,HCV-Only PHA,Small PHA,or Qualified PHA do not need to submit this form. Definitions. (1) High-Performer PHA—A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers,and was designated as a high performer on both of the most recent Public Housing Assessment System(PHAS)and Section Eight Management Assessment Program(SEMAP) assessments. (2) Small PHA-A PHA that is not designated as PHAS or SEMAP troubled,or at risk of being designated as troubled,and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher(HCV)Only PHA-A PHA that administers more than 550 HCVs,was not designated as troubled in its most recent SEMAP assessment,and does not own or manage public housing. (4) Standard PHA-A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550,and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA-A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA-A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined,and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: Va. Beach Dept. of Housing & Neighborhood Preservation PHA Code: VA039 PHA Type: ❑Small ®High Performer PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2021 PHA Inventory(Based on Annual Contributions Contract(ACC)units at time of FY beginning,above) Number of Public Housing(PH)Units U Number of Housing Choice Vouchers(HCVs) 2069 Total Combined 1Ub PHA Plan Submission Type: ®Annual Submission ['Revised Annual Submission Availability of Information. In addition to the items listed in this form,PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally,the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan,but excluded from their streamlined submissions. At a minimum,PHAs must post PHA Plans,including updates,at each Asset Management Project(AMP)and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. ❑PHA Consortia: (Check box if submittin a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s)in the Consortia Program(s)not in the No.of Units in Each Program Consortia PH HCV Lead PHA: Page 1 of 5 form HUD-50075-HP(12/2014) B. Annual Plan Elements B.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission? Y N ❑ 0 Statement of Housing Needs and Strategy for Addressing Housing Needs. ❑ 0 Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions. ❑ 0 Financial Resources. ❑ El Rent Determination. ❑ 0 Homeownership Programs. ❑ 0 Safety and Crime Prevention. ❑ 0 Pet Policy. ❑ 0 Substantial Deviation. ❑ 0 Significant Amendment/Modification (b) The PHA must submit its Deconcentration Policy for Field Office Review. (c)If the PHA answered yes for any element,describe the revisions for each element below: B 2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ El Hope VI or Choice Neighborhoods. El El Mixed Finance Modernization or Development. El 0 Demolition and/or Disposition. ❑ El Conversion of Public Housing to Tenant Based Assistance. ❑ 0 Conversion of Public Housing to Project-Based Assistance under RAD. El El Project Based Vouchers. ❑ El Units with Approved Vacancies for Modernization. ❑ El Other Capital Grant Programs(i.e.,Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b)If any of these activities are planned for the current Fiscal Year,describe the activities. For new demolition activities,describe any public housing development or portion thereof,owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process.If using Project-Based Vouchers(PBVs),provide the projected number of project based units and general locations,and describe how project basing would be consistent with the PHA Plan. We have a conditional commitment for PBVs for Tranquility at the Lakes II. The commitment is for 20 vouchers set aside for seniors (62+.) We also have a conditional commitment for 13 PBVs for 925 Apartments (formerly known as Westview Apartments.) B.3 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5-Year Plan. Due to the pandemic, we were forced to work from home, which accelerated the need to eliminate forms. We created a video that has enabled us to do annual and intake briefings remotely, and have shortened some forms including the participant's declaration form, and eliminated forms that had been used at the annual that were only necessary at intake. We have been very successful in optimizing utilization; in January we were able to create a utilization plan for CY 2021 that has us set for the same number of new vouchers every month as early as March. Finally, in 2020 the City created a new 5 year comprehensive plan. We will target new PBV contracts to the City's Strategic Growth Areas. Page 2 of 5 form HUD-50075-HP(12/2014) B.4. Most Recent Fiscal Year Audit. (a) Were there any fmdings in the most recent FY Audit? Y N El 0 (b) If yes,please describe: Other Document and/or Certification Requirements. C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan Form 50077-ST-HCV-HP,Certification of Compliance with PHA Plans and Related Regulations,must be submitted by the PHA as an electronic attachment to the PHA Plan. C.2 Civil Rights Certification. Form 50077-ST-HCV-HP,Certification of Compliance with PHA Plans and Related Regulations,must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Resident Advisory Board(RAB)Comments. (a) Did the RAB(s)provide comments to the PHA Plan? Y N ❑ o If yes,comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. We held our RAB meeting virtually on March 8, 2021. We had 16 participants attend. There were no comments regarding the Plan. C.4 Certification by State or Local Officials. Form HI JD 50077-SI Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. D Statement of Capital Improvements. Required in all years for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program(CFP). D.1 Capital Improvements.Include a reference here to the most recent HUD-approved 5-Year Action Plan(HUD-50075.2)and the date that it was approved by HUD. Page 3 of 5 form HUD-50075-HP(12/2014) Instructions for Preparation of Form HUD-50075-HP Annual Plan for High Performing PHAs A. PHA Information.All PHAs must complete this section. A.1 Include the full PHA Name,PHA Code,PHA Type,PHA Fiscal Year Beginning(MM/YYYY),PHA Inventory,Number of Public Housing Units and or Housing Choice Vouchers(HCVs),PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the public hearing and proposed PHA Plan.(24 CFR&903.23(4)(e)) PHA Consortia:Check box if submitting a Joint PHA Plan and complete the table.(24 CFR&943.128(a)) B. Annual Plan. B.1 Revision of PHA Plan Elements.PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA.To specify which elements have been revised,mark the"yes"box. If an element has not been revised,mark"no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income,very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA.The statement must identify the housing needs of(i)families with incomes below 30 percent of area median income (extremely low-income),(ii)elderly families and families with disabilities,and(iii)households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available data. The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units,and location. For years in which the PHA's 5-Year PHA Plan is also due,this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant-based assistance waiting lists. 24 CFR&903.7(a)(I)and 24 CFR§903.12(b).Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. For years in which the PHA's 5-Year PHA Plan is also due,this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant-based assistance waiting lists.24 CFR§903.7(aX2Xii)and 24 CFR§903.12(b). ❑ Deconcentration and Other Policies that Govern Eligibility,Selection and Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR§903.2(bX2)for developments not subject to deconcentration of poverty and income mixing requirements.24 CFR§903.7(b) Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists.24 CFR&903.7(b)A statement of the PHA's policies that govern resident or tenant eligibility,selection and admission including admission preferences for both public housing and HCV. (24 CFR 4903.7(b)Describe the unit assignment policies for public housing. 24 CFR&903.7(b) ❑ Financial Resources. A statement of financial resources,including a listing by general categories,of the PHA's anticipated resources,such as PHA operating,capital and other anticipated Federal resources available to the PHA,as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program,and state the planned use for the resources.(24 CFR&903.7(c) ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units,including applicable public housing flat rents,minimum rents,voucher family rent contributions,and payment standard policies.(24 CFR&903.7(d) ❑ Homeownership Programs. A description of any homeownership programs (including project number and unit count)administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA's 5-Year PHA Plan is also due,this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y)of the 1937 Act. (24 CFR&903.7(k)and 24 CFR§903.12(b). ❑ Safety and Crime Prevention(VAWA). A description of: 1)Any activities,services,or programs provided or offered by an agency,either directly or in partnership with other service providers,to child or adult victims of domestic violence,dating violence,sexual assault,or stalking;2)Any activities, services,or programs provided or offered by a PHA that helps child and adult victims of domestic violence,dating violence,sexual assault,or stalking,to obtain or maintain housing;and 3)Any activities,services,or programs provided or offered by a public housing agency to prevent domestic violence,dating violence,sexual assault,and stalking,or to enhance victim safety in assisted families.(24 CFR&903.7(m)(5)) ❑ Pet Policy. Describe the PHA's policies and requirements pertaining to the ownership of pets in public housing.(24 CFR&903.7(n)) ❑ Substantial Deviation. PHA must provide its criteria for determining a"substantial deviation"to its 5-Year Plan. (24 CFR&903.7(r)(2Xi) ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a"Significant Amendment or Modification"to its 5-Year and Annual Plan. Should the PHA fail to define`significant amendment/modification',HUD will consider the following to be`significant amendments or modifications': a)changes to rent or admissions policies or organization of the waiting list;b)additions of non-emergency public housing CFP work items (items not included in the current CFP Annual Statement or CFP 5-Year Action Plan);or c)any change with regard to demolition or disposition,designation, homeownership programs or conversion activities. See guidance on HUD's website at:Notice PIH 1999-51.(24 CFR&903.7(r)(2)(ii) If any boxes are marked`yes",describe the revision(s)to those element(s)in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to de concentrate poverty in its development and comply with fair housing requirements,see 24 CFR 903.2.(24 CFR&903.23(b)) Page 4 of 5 form HUD-50075-HP(12/2014) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year,mark"yes" for those elements,and describe the activities to be undertaken in the space provided.If the PHA does not plan to undertake these activities,mark"no." ❑ Hope VL 1)A description of any housing(including project name,number(if known)and unit count)for which the PHA will apply for HOPE VI;and 2)A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process.See guidance on I-IUD's website at:http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30) ❑ Mixed Finance Modernization or Development. 1)A description of any housing(including name,project number(if known)and unit count)for which the PHA will apply for Mixed Finance Modernization or Development;and 2)A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process.See guidance on HUD's website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfmn. (Notice PIH 2010-30) ❑ Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs(including name,project number and unit numbers[or addresses]),and the number of affected units along with their sizes and accessibility features)for which the PHA will apply or is currently pending for demolition or disposition;and(2)A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at: http://www.hud.gov/offices/pih/centers/sac/demo dispo/index.cfm.(24 CFR§903.7(h)) ❑ Conversion of Public Housing. Describe any public housing building(s)(including project number and unit count)owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance;2)An analysis of the projects or buildings required to be converted;and 3)A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at:http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR t903.7(j)) ❑ Project-Based Vouchers. Describe any plans to use HCVs for new project-based vouchers.(24 CFR§983.57(b)(1)) If using project-based vouchers, provide the projected number of project-based units and general locations,and describe how project-basing would be consistent with the PHA Plan. ❑ Other Capital Grant Programs(i.e.,Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan,a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan.(24 CFR&903.7(r)(1)) B.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings,mark"yes"and describe those fmdings in the space provided. (24 CFR$903.7(p)) C. Other Document and/or Certification Requirements C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.Provide a certification that the following plan elements have been revised,provided to the RAB for comment before implementation,approved by the PHA board,and made available for review and inspection by the public.This requirement is satisfied by completing and submitting form HUD-50077 SM-HP. C.2 Civil Rights Certification. Form HUD-50077 SM-HP,PHA Certifications of Compliance with the PHA Plans and Related Regulation,must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if:it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing;and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction.(24 CFR§903.7(o)) C.3 Resident Advisory Board(RAB)comments.If the RAB provided comments to the annual plan,mark"yes,"submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations.(24 CFR$903.13(c),24 CFR a903.19) C.4 Certification by State or Local Officials. Form HUD-50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan.(24 CFR&903.15) D. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program(CFP)must complete this section.(24 CFR 903.7(g)) D.1 Capital Improvements. In order to comply with this requirement,the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C.8.0 of the PHA Plan Template:"See HUD Form 50075.2 approved by HUD on XX/XX/XXXX." This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act,which added a new section 5A to the U.S.Housing Act of 1937,as amended,which introduced the 5-Year and Annual PHA Plan.The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families. Public reporting burden for this information collection is estimated to average 16.64 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. HUD may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S.Code,Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend Itself to confidentiality. Page 5 of 5 form HUD-50075-HP(12/2014) [ ,..,-,-:j.4'4.-,.. C� fti `:l, ili'u 'Sr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Sand Broad Inlet at 352 Tuna Lane Located at the Rear of 313 Ruddy Crescent MEETING DATE: April 6, 2021 • Background: Derek D. and Katherine E. Duford (the "Applicants") have requested permission to remove an existing float and ramp, and to construct and maintain a pier, open- sided roof, and boat lift (the "Encroachments") adjacent to their property located at 313 Ruddy Crescent (GPIN: 2433-24-4061). The Encroachments would extend 24' into the City's property known as Sand Broad Inlet at 352 Tuna Lane (GPIN: 2433-27-3415). • Considerations: City Staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Sand Broad Inlet, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Location Map, Pictures, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS SAND 7 BROAD INLET AT 352 TUNA LANE 8 LOCATED AT THE REAR OF 313 9 RUDDY CRESCENT 10 11 WHEREAS, Derek D. Duford and Katherine E. Duford have requested 12 permission to remove an existing float and ramp, and to construct and maintain a pier, 13 open-sided roof, and boat lift (collectively, the "Encroachment") within the City's property 14 known as Sand Broad Inlet at 352 Tuna Lane (GPIN: 2433-27-3415), located adjacent to 15 their property at 313 Ruddy Crescent (GPIN: 2433-24-4061); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Derek D. Duford and Katherine 26 E. Duford, their heirs, assigns and successors in title are authorized to remove an existing 27 float and ramp, and to construct and maintain a pier, open-sided roof, and boat lift within 28 the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 REQUEST FOR PIER, OPEN-SIDED ROOF, AND BOAT LIFT SANDBRIDGE SHORES 30 SOUTH, SECTION 1-B, LOT 117 (M.B. 103, PG. 25) FOR DEREK D. & KATHERINE E. 31 DUFORD GPIN: 2433-24-4061 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 32 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020", having a Scale of 1" = 30', and 33 prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as 34 Exhibit A and on file in the Department of Public Works and to which reference is made for 35 a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 38 those terms, conditions and criteria contained in the agreement between the City of Virginia 39 Beach and Derek D. Duford and Katherine E. Duford (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Derek D. Duford and Katherine E. Duford and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 41;s1BOIL WO K , REAL ESTATE , I DANA HARMEYER SENIO CITY ATTORNEY CA-14879 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p041\00712159.doc R-1 Prepared: March 16, 2021 2 LOT 118 RUDDY 342.21' TO P.I.N/F RICHARD F. DYER In L7 ,` � GPIN:24332442220000 IPF CRESCENT WOOD DUCK DRIVE N I INST:20160826000763450 0 (M.B. 103, P. 25) \ • (50' R/VV) N 68'00'00" E . . L;. , M.B. 103, P. 25) z o_ 51.00' ", .,;.. Li_ o o FIB : R=50.00' IPF 1 ~z cn W oNI2 W r °:V [.�77.3 NNC W ti- I Op J ' :G &4 0 O( DOo -- UpWNcoN } I , LOT 117 0.\ (.., � pi_ - W� -N � o u'� -0 (nE20 � rn Q F- fn,•�io Q o i ,.` .'_ N/F DEREK D. & o O 0 r zCL ' \j 1o0 KA THERINE E. DUFORD 0.. 0, 2 o"�z 14- a alc m m . N • . GPIN:24332440610000 \ 0 0 p 0 12, ...\ INST:20160601000461770 (., 73 I u) I 1 si TE '0" D t i 24, i ACCESS O �- '7 4 I .._. —I I I I = �' GREGORY O.MILSTE'.� - % o '1 1•� i� Lic. No. 0473 i J m ,� r, 0 0 'I r 2' gn. x ,,. (S j� ,.,6 rl O I N N z T A vto I O Sl 9 1 I•'_ 1 0 1 I I I o o � 4j0% Of:‘ '- 1 1 I , I; I op I111 'Sr r�'AL E� �� 18 J o. hill / 20.__ �I 1 lllllll PC) // II N o IIl1�1111 ��F/ / Ix I PROPOSED IIIIII .�t0► �J\', �� o PIER, ROOF, P � �AND BOAT LIFT / � �\Apo��' maz i +. , PGO � hIznoQ � v oo = I 00 , 4 -4\�hog JQ. O 0 ic stoincoio 1 f 5 / W \o5s / O/ • / � O ' I \ I ' EXHIBIT A I I ,/ ENCROACHMENT REQUEST FOR PIER, OPEN-SIDED 1 / ROOF, AND BOAT LIFT 0 30 so' SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 117 �- FOR (M.B. 103, PG. 25) INIIIIIINNIM SCALE: 1"=30' DEREK D. & KATHERINE E. DUFORD GPIN: 2433-24-4061 ENGINEERING SERVICES PROVIDED BY: 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 CHESAPEAKE BAY SITE SOLUTIONS, INC. P.O. BOX 6663 VIRGINIA BEACH, VA 23456 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020 PHONE: (757)575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 911A day of i 6a. , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEREK D. DUFORD and KATHERINE E. DUFORD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "117" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", dated July 5, 1968, having a Scale of 1" = 100', and prepared by Palmer L. Smith, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 25, and being further designated, known, and described as 313 Ruddy Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing float and ramp, and to construct and maintain a pier, open-sided roof, and boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 (352 Tuna Lane - CITY PROPERTY) GPIN: 2433-24-4061 (313 RUDDY CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at 352 Tuna Lane also known as Sand Broad Inlet, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, OPEN-SIDED ROOF, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 117 (M.B. 103, PG. 25) FOR DEREK D. & KATHERINE E. DUFORD GPIN: 2433-24-4061 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020", having a Scale of 1" = 30', and prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Derek D. Duford and Katherine E. Duford, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Derek D. Duford, Owner Katherine E. Duford, Owner STATE OF \ CITY/COUNTY OF `\tc r��c c�C\r*. to-wit: A The foregoing instrument was acknowledged before me this f a day of �V ` ,�`C'C--Y\. , 2021, by Derek D. Duford and therine . Duford. (SEAL) Notary Public NOTARY O Notary Registration Number: �Q5 f REG #7882297 My Commission Expires: la- ` -c -�Lt ' ?MY cOMM1SS10N Q = y EXPIRS O�'• December 3E 2024 Q& ,,,,uu a n►,,,, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 42-S S N• ►TURE DANA ' RMEYER� SENIOR TY ATTORNEY 3l 24 L o / DATE 7 w p 0 i LL l .: i CO a� Y ar Q a t W W H Li O 2 m zT— o • 1 . 0- IIIto Ce W DOp OVG - , 0.1 o Q �1 ` -_ K a = CpN 0 JO el a, 'n o O Z W O W CI Al 10' IL s qi = . � 0 d- J 0 • LIP , !'s N i >t. i yr ct�! oN • 1 ?5c. A ., a,.:.. { .y' � � - e"G '-ear ♦ .Ra � �yt�° Jr e+# _1+*Y' �, y r., r r. • a ,y .. yd1" t -" ♦ ''.i -fi.. rt m cn r s. ,- -_ , F s '4R n O m y?r ? , ; ., ;,, `� + 4, '450,.° +fit "Q w V. 5 �1f � P�.p y ', '14, • t• i ' - . ...:1"-4• . ' # .,,,,,sxic4 .• •.-7.- -,,:.°_4,0,, ':::,,42.....,-",47. ''1,,,- :`4Tc::, ... litt„ . , , , r CY) a ,.**"4 .441k' N /\/ W O Eo Y2 / OO O 1 mp G SITE' �a 0 / 0?3 p�yG L2433-24-4061 I I LOCATION MAP ' ENCROACHMENT REQUEST FOR DEREK D. & KATHERINE E. DUFORD Legend 313 RUDDY CRESENT City Properties GPIN 2433-24-4061 ca 2433-24-4061 1.11 Feet 0 50 100 200 I, -I I-..r.Iei ir__ ir__ n..___-a o__.:___ n..___.. nouninn nn v.�nn nn�n...:..,.a..�non c�_-�nncw�nn n�nnc�n eoo �• �nc� ., z©w < , : y7 2 }\\ ; \ ! . � : , : . . , � © . =2' f © a , 4 . . : © d /_ -% /0° \\ k »»¥»ate� ' a ? w. 4 \\ /'? v > J° p»>. \ . . \\ ° ƒ V» < d \\ \ °- - y. ` �.“ ± . . 7 . . + ��w . ) am\\«: \ « � ��� -.A. \�1, �. y= �.v%»� > / . . , J « y + 04 22� !It C g ---). ' i t-- , (.. 1-z - k ms_ + *" S V r 1 r` Disclosure Statement U73 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 DeiveAcvutfir 'Karinri h t'D Lkr -1? Does the applicant have a representative? ❑Yes ❑ No • If yes,list the name of the representative. S I 61o0J W itYrka ,2d,JT CD&5v tmn rv, / Z,vC,, Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes piNo • 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) 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. Revised 11.09.2020 1 I P a g e Disclosure Statement CIYy ofttryirou esnrh 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 ❑ 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 finandng(mortgage,deeds of trust,cross•collateralization,etc)or are they considering a y financing in connection with the subject of the application or any business operating or to be operated on the property? Yes Pilio • If yes,identify the financial institutions providing the service. A7 fr_ 61,ft Ckthlr UM bit) 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? ❑ Yes n 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?a Yes ❑ 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. Revised 11.09.2020 Wage Disclosure Statement 0,5, ft twee 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?0 Yes ❑ No • tf 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?p Yes 0 No • ff yes,identify the firm and individual providing the service. 2 Oh , w ltor fa.F ,a ivr co loso u)it c. 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?0 Yes gl"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. • - 61‘)11 ttak(?(-Akp.k Applicari re 7F1-k,Gr Dd Grp -DtkfOrel Print Name and Title /N�zo z l 3 It{ i 207,i Date Is the applicant also the owner of the subject property? Jes 0 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 • a I Signature EPP Print Name Revised 11.09.2020 Wage ( Sl C[ ,.:P'li%.'',;- 4= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Bass Inlet Located at the Rear of 344 Back Bay Crescent MEETING DATE: April 6, 2021 • Background: Rolf and Sharon Bartschi (the "Applicants") have requested permission to construct and maintain a proposed pier, boat lift and jet ski floats (the "Encroachments") adjacent to their property located at 344 Back Bay Crescent, (GPIN: 2433-22-8768). The Encroachments would extend 20.1' into the City's property known as Bass Inlet (a/k/a Mill Creek/Mill Pond) (GPIN: 2433-33-0267). • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bass Inlet, which is where the Applicants have requested to encroach. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 0 City Manager: 0� 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET LOCATED AT 7 THE REAR OF 344 BACK BAY 8 CRESCENT 9 10 WHEREAS, Rolf Bartschi and Sharon Bartschi have requested permission to 11 construct and maintain a proposed pier, boat lift, and jet ski floats (collectively, the 12 "Encroachment") within a portion of the City's property known as Bass Inlet (a/k/a Mill 13 Creek/Mill Pond) (GPIN: 2433-33-0267) located adjacent to their property located at 344 14 Back Bay Crescent (GPIN: 2433-22-8768); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Rolf Bartschi and Sharon 25 Bartschi, their heirs, assigns and successors in title are authorized to construct and 26 maintain a proposed pier, boat lift, and jet ski floats in the City's property known as Bass 27 Inlet as shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, 28 BOAT LIFT, & FLOATS FOR ROLF AND SHARON BARTSCHI LOT 62, SECTION 3, 29 BACK BAY MEADOWS (M.B. 67, PG. 45)," dated April 5, 2020, having a Scale of 1" =40', 30 and prepared by Waterfront Consulting Inc., a copy of which is attached hereto as Exhibit A 31 and on file in the Department of Public Works, to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 35 those terms, conditions and criteria contained in the Agreement between the City of Virginia 36 Beach and Rolf Bartschi and Sharon Bartschi (the "Agreement"), an unexecuted copy of 37 which has been presented to the Council in its agenda, and will be recorded, after 38 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Rolf Bartschi and Sharon Bartschi and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: )J JA,P J BLIC WO KS, REAL ESTATE -D A N '4 . HARME Co SENI CITY ATT NEY CA14679 c:\users\kmessing\desktop\ca14679 - bartschi\ord - pwre version.doc R-1 March 17, 2021 2 'K-,, SANDBRIDGE SHORES BASS INLET C (AKA MILL CREEK/MILL POND) '' Q N/F CITY OF VIRGINIA BEACH AS GPIN:2433-33-026 7 EXISTING PIER AND BOAT LIFT TO BE EXISTING PIER AND BOAT LIFT REMOVED ENCROACHMENT RECORDED IN 12' INST. 20061122001759010 AT THE N — CLERKS OFFICE, VIRGINIA BEACH S 37'18' �" — —E + ' EX. BKHD EX. PWL id_____-- NAIL(F) I. I '187.68 181.81' I' •' '( 87.68 POOL " ' I "1- I : _ %//A ir't LOT 61 1 ', ,• ' I/ I w 1 N/F MICHAEL D. TYRREL 3 STY FR. GPIN:2433-22-7895 • #344 INST NO:20151201001157070 0 /' / _ , 13 o l / j�i ( I o Z DET. . � ' I cn GAR' • LOT 63 EXISTING SITE I N/F THOMAS KNEPP I GPIN:2433-22-96180000 CONDITIONS INST NO:200408260136584 • 1 0 40' 80' I 1"=40' , • I 2211.00' I PIN(F) . .' >DH(F) • PIN F) N 31'37'00" W 58.07' BACK BAY CRESCENT'( 0') sqN 7232j, (M.B. 67, PG. 45) D BEND TO RO,1D ©2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. SHEET 1 OF 2 `, n WATERFRONT EXHIBIT A CONSULTING, INC. ENCROACHMENT REQUEST FOR 2589 QUALITY COURT,STE.323 PIER, BOAT LIFT, & FLOATS VIRGINIA BEACH,VA 23454 FOR PH/FAX:(757)425-8244,CELL:(757)619-7302 �+ ENGINEERING SERVICES PROVIDED BY: ROLF and SHARON BARTSCHI CHESAPEAKE BAY SITE SOLUTIONS,INC. LOT 62, SECTION 3, BACK BAY MEADOWS P.O.BOX 6663 VIRGINIA BEACH,VA 23456 PHONE:(757)575-3715 (M.B. 67, PG. 45) DATE: APRIL 5, 2020 ��� SANDBRIDGE SHORES BASS INLET � (AKA MILL CREEK/MILL POND) 7 6> c N/F CITY OF VIRGINIA BEACH AS GPIN:2433—33—026 7 PROPOSED 11 1' BOAT LIFT 13.0' / 60.2' 37.3' _ 12' 7 10' 10 m! IJJ 60' S1 3711282'.0105" E1 _—PROPOSED PIER _,d PROPOSED PROPOSED BULKHEAD %__________ NAIL(F) JET SKI (NOT ON CITY PROPERTY) I NAIL(F) FLOATS 187.68' 181.81' ; PROPOSED I PIER, FLOAT, AND BOAT ' LIFT l'g to oi LOT 62 vs 03 IN LOT 61 GPIN: 2433-22-8768 N/F MICHAEL D. TYRREL INST NO: 20170807000669760 I GPIN:2433-22-7895 w 1 INST NO:20151201001157070 LOT 63 0 N I •o N/F THOMAS KNEPP op I •• GPIN:2433-22-96180000 to / o INST NO:200408260136584 z I co I Cr) I SITE PLAN I 0 40' 80' I 11 .11 1"=40' I I I R=220.00' I PIN(F) DH(F) A=32.87' PIN(F) N 31°37'00" W 58.07' BACK BAY CRESCENT (50') .34ND��FN�, To ROAD ©2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. SHEET 2 OF 2 17 � WATERFRONT EXHIBIT A yCONSULTING, INC. ENCROACHMENT REQUEST FOR 2589 QUALITY COURT,STE.323 PIER, BOAT LIFT, & FLOATS VIRGINIA BEACH,VA 23454 FOR PH/FAX:(757)425-8244,CELL:(757)619-7302 �+ ENGINEERING SERVICES PROVIDED BY: ROLF and SHARON BARTSCHI CHESAPEAKE BAY SITE SOLUTIONS,INC. LOT 62, SECTION 3, BACK BAY MEADOWS P.O.BOX 6663 VIRGINIA BEACH,VA 23456 PHONE:(757)575-3715 (M.B. 67, PG. 45) DATE: APRIL 5, 2020 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this'O"`` day of APct-vAe c , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROLF BARTSCHI and SHARON BARTSCHI, husband and wife,THEIR HEIRS,ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 62", as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated July 1965, prepared by W. B. Gallup, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 344 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed pier, boatlift and jet ski floats, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2433-33-0267 - City Property (Bass Inlet, a/k/a Mill Creek/Mill Pond) GPIN: 2433-22-8768 — 344 Back Bay Crescent 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet (a/k/a Mill Creek / Mill Pond), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, BOAT LIFT, & FLOATS FOR ROLF and SHARON BARTSCHI LOT 62, SECTION 3, BACK BAY MEADOWS (M.B. 67, PG.45), DATED: APRIL 5, 2020", and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Rolf Bartschi and Sharon Bartschi, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By: olf rtschi, Owner By: Sharon Bartschi, Owner STATE OF CITY/COUNTY OF L. ,,l1e CaKe_ , to-wit: The foregoing instrument was acknowledged before mn-this 04' day of `-L--1,2. ,-, , 2020, by Rolf Bartschi. (SEAL) ) Notary Public ``"'''I,, , / ```\ P GAII,'Oil ,ii Notary Registration Number. '1353, "Sb �`3•;' • •.2 My Commission Expires: (iL5L 4- aI► (-)o, _ = •' NTARY PUBLIC C ‘#7353238 'i . ..... i . LTHO o‘ STATE OF CITY/COUNTY OF 04,s5cyle.a._ , to-wit: The foregoing instrument was acknowledged before mmtpis L> day of `c �.1A.-ti- , 2020, by Sharon Bartschi. / u x— EAL) Notary Public Notary Registration Number: 173s3a35 ```,0►'a°air®i� `\o p,GAIL Q se, My Commission Expires:( -)u5L,,5I ,3I, 00J. `��QtS..• <F2� ° NOTARY PUBLIC _ • n'• Q #7353238 r ma's .•�� 'ti, LTH OF a®s° APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: r � b aj SI NATURE DA . HA YER, SENIO ITY ATTORN 3 i)d6al D pi) PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 8 IF z t ram` jou ,, I r r ,40 % -,r _ ', ,_ r • L. a CO ....., Ni „oil. QH & COit UJ Z co oV Z O uOCo o atQ c aQ � N a= CV.1 Z Z ce U) ' O w O p a M 0 Q2u- Zm � O N 2 .4u 0 V _ U Z 0 n 2 OJO VQa L , - . ;11,-, .\ ce u) a3 (7 4 Z Et M O c w m 5. 4 LL Ce 1. a � €,*-- 4;;;:- , , ‘•••• i'' 4 ;- 4: ."'. • y AV- f+,;/ ..�' ., ,4, 4, ,, fit# ! ` i 400/ il y �� ter_ I _,:v 4. .. ... :: .... .. ...._ c.. �_ ter, \ # A -I t' ' .r--1.- 4,,,,,4,..,, A '--I. ---1 4,..4.., '4. 46.,'4,:1:. . , ,,,,,,..,,,js,..,.: ,, 4,7--". :12,0= co a� , 44.4.44 ' m - JK . lir o n ce E co g f, to co d i tom, N a- c Aieff Y/ J N N I v2 a W E m S Aa A SITE I 111 < 0:, \,/ < J % 440)) I, LOCATION MAP ENCROACHMENT REQUEST FOR ROLF BARTSCHI AND SHARON BARTSCHI Legend 344 BACK BAY CRESCENT 2433-22-8768 GPIN 2433-22-8768 MIIIIMINIII Feet CITY PROPERTY all 0 50 100 200 rt` >k X 1i .. �� . ice i of� — . . 3 6` .7 f iliiiiiiill' k f , Pictures 344 Back Bay Crescent Disclosure Statement 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 Rolf and Sharon Bartschi Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Waterfront Consulting,Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes a 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 entity2 relationship with the applicant. (Attach a 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§2.2-3101. Wag (' Disclosure Statement1113 riev o( Ad xn 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 IP 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? ❑ Yes It 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 • 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 (! 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 • No • If yes,identify the purchaser and purchaser's service providers. 2 } Page Disclosure Statement • 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 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 ❑ No • if yes,identify the engineer/surveyor/agent. Waterfront Consulting,Inc.and Chesapeake Bay Site Solutions 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 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 co ittee in connection with this application. CC Applicant ture > r L t t W-T311il biOugx- otom&32 Print Name and Title 7 ZOZ( 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 1 re � L!� i ❑ ,. 1 1 .t if%j1 �')n' I rI'� G�'1. No changes as of Date Point Name RLF 3aarsChil ?ftl4RetJ B+iI�TS 1 3 ( Page .:6:1 3) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Grant-Funded Position in the Office of Emergency Management to Support the Flood Mitigation Assistance Program MEETING DATE: April 6, 2021 • Background: The Office of Emergency Management has been awarded several Flood Mitigation Assistance (FMA) grants through the Federal Emergency Management Agency (FEMA) to reduce flood risk to homeowners in the City. The FMA grant programs require extensive time and administrative effort to ensure proper documentation, reporting, and reimbursement. As a result, the Office of Emergency Management requests 1.00 full-time FTE to support the Mitigation Program Manager in grants administration, which is an allowable reimbursable cost under the grant terms. There are currently a total of four active Flood Mitigation Assistance Capital Improvement Projects funded by these grants to assist a total of 25 properties. In addition to these, the Office of Emergency Management anticipates applying for and being awarded additional FMA grants in the future. Title Established CIP 100187 Flood Mitigation Assistance Grant Program February 2015 CIP 100189 Flood Mitigation Assistance Grant Program II July 2016 CIP 100188 Flood Mitigation Assistance Grant Program III July 2018 CIP 100557 Flood Mitigation Assistance Grant Program IV November 2020 Current administrative funding available is indicated below: • FY 2016 FEMA Flood Mitigation Assistance (CIP 100187) —$99,213 • FY 2019 FEMA Flood Mitigation Assistance (CIP 100557) —$38,241 If this position is authorized, the Office will have a total of eight full-time FTEs. This position will be fully reimbursed by the FMA grants, as allowed by the federal government. • Considerations: The total collective administrative costs that may be funded by the existing grants are $137,454, which will cover the salary and benefits for 1 .0 FTE for over two years. Should the position be authorized, it would be conditioned upon continued grant funding. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Departme gency: Office of Emergency Management City Manager: P 1 AN ORDINANCE TO AUTHORIZE A GRANT-FUNDED 2 POSITION IN THE OFFICE OF EMERGENCY 3 MANAGEMENT TO SUPPORT THE FLOOD MITIGATION 4 ASSISTANCE PROGRAM 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 One grant-funded position (1.0 FTE) in the Office of Emergency Management is 10 hereby authorized to support the Flood Mitigation Assistance program, and the position 11 authorized herein shall be conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i -- Budget and anagement Services ity 's 0 ice CA15365 R-1 March 24, 2021 K. PLANNING 1. MARGERY & AJ ELLIS for a Conditional Use Permit re short term rental at 5632 Freewill Lane DISTRICT 1 - CENTERVILLE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 2. JAIME DYMOND for a Conditional Use Permit re short term rental at 3817 Daiquiri Lane DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 3. BENJAMIN A.ABAIR for a Conditional Use Permit re short term rental at 2513 Mortons Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 4. JOSEPH LAYNE DONOVAN for Conditional Use Permits re short term rentals at 525 13th Street, Units A & B DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 5. CESJB, LLC for a Conditional Use Permit re short term rental at 409 20 % Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. ALBERT & ENIT LULUSHI for a Conditional Use Permit re short term rental at 528 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 7. CYNTHIA SHEPPARD for a Conditional Use Permit re short term rental at 304 28th Street, Unit 201 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. RYAN SUMMERS for a Conditional Use Permit re short term rental at 304 28th Street, Unit 113 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. CORTNEY ROSE, TRUSTEE OF THE ROSE FAMILY TRUST/ THE ROSE FAMILY TRUST for a Conditional Use Permit re short term rental at 721 13th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. RICHARD& PATRICIA HALL REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 947 Indian Circle DISTRICT 6—BEACH RECOMMENDATION: DENIAL 11. CHARLES K. BAIN & KATHY BAIN for a Conditional Use Permit re short term rental at 915 Pacific Avenue, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL n31xY YbitIy./, t hod' 1 } V\ NOTICE OF PUBLIC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code§15.2-1413 and the City's Continuity of Government Ordinance adopted on March 2,2021,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 6,2021 at 6:00 p.m.In Suite 5 of the Virginia Beach Convention Center.Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below.Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols, including wearing a mask while in the Convention Center.Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations. All interested parties are invited to observe. 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: .Mtas://vbaov.webex.com/vbPovionstage/g oho'7MTID=e7801f63fe2f19f5d496a 920de2847707 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 6,2021. The following requests are scheduled to be heard: Margery&Al Ellis(Applicants&Property Owners)Conditional Use Permit(Short Term Rental)Address:5632 Freewill Lane GPIN(s):1464084535 Council District Centerville Jaime Dymond(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:3817 Daiquiri Lane GPIN(s):1485210479 Council District Centerville Benjamin A.Abair(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:2513 Mortons Road GPIN(s):1570715567 Council District Bayyslde Joseph Layne Donovan(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:525 13th Street Units A&B GPIN(s):2427054405 Council District Beach CESJB,LLC(Applicant and Property Owner)Conditional Use Permit(Short Term Rental) Address:409 24th 1/2 Street GPIN(s):2427091661 Council District Beach Albert&Enit Lulushi(Applicants&Property Owners)Conditional Use Permit(Short Term Rental)Address:528 Vanderbilt Avenue GPIN(s):2426394440 Council District Beach Cynthia Sheppard(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:304 28th Street Unit 201 GPIN(s):2428002862001 Council District Beech Ryan Summers(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:304 28th Street Unit 113 GPIN(s):24280028661013 Council District Beach Cortney Rose,Trustee of the Rose Family Trust(Applicant)The Rose Family Trust(Property Owner)Conditional Use Permit(Short Term Rental)Address:721 13th Street GPIN(s): 2417953139 Council District Beach Richard&Patricia Hall Revocable Living Trust(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 947 Indian Circle GPIN(s): 2417835706 Council District Beach Charles K.Bain&Kathy Bain(Applicants&Property Owners)Conditional Use Permit(Short Term Rental)Address:915 Pacific Avenue Unit A GPIN(s):24272444111065 Council Dish la Beech Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc.For information call 757- 385-4621. 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. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Due to the ongoing Covid-19 Pandemic, please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MARCH 21&28,2021-1 TIME EACH 5. \Si. Al2 eft (5 \ V6; 1\ \ m gmogitic- c) , PD-H2(A-24) _..1\------'"- PDH2/,----- ‘ ' ' ' %A24 \ e 00 _____i ' * rs°volt 1, 1► ,, I!► Lan ►�''Fritsi 1 0 ai is 1 I I,I tlyft 00 iik vow ...0-• , ,-ii Siotioloi ,lokis loll 1 i .1,1 ,____ ' ,, , 1 ___ _ N WA Site Margery & AJ Ellis W Abl, ,; Property_Polygons 5632 Freewill Lane s Zoning I_ I Building Feet Parking Lot Drive Aisle 012.T5 50 75 100 125 150 P jL.i+atq r; '. yG� :i 71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARGERY & AJ ELLIS [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 5632 Freewill Lane (GPIN 14640845350000). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 2,068 square-foot parcel zoned PD-H2 (A-24) Planned Development District. The lot consists of one attached townhome 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. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts 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. As of March 8, 2021 , Host Compliance shows no current STR advertisements associated with the subject address. • Considerations: This site is located within the Infinity Townhomes subdivision, which is a Planned Development of 40 townhomes located in the Centerville community. The submitted parking plan shows all three required parking spaces located in the existing driveway; however, one space does project 2-feet into the city right-of-way but is still within the driveway apron. Since this projection does not impede pedestrian or traffic flow, the Zoning Administrator deemed the parking as acceptable, as allowed by Section 241 .2(1) of the City Zoning Ordinance. In addition, all other 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. Opposition was present at the public hearing. The president of the HOA for the Infinity Townhomes spoke and advised the Planning Commission that 85% of the participating townhome owners polled were in opposition of the applicant's request. Their reasons include a lack a nearby venues such as a beach or commercial entertainment, concerns over a perceived lack of vested interest in the community from off-site homeowners, worries over the transient nature of Short Margery & AJ Ellis Page 2of4 Term Rentals and the safety of neighborhood children, unease regarding possible negative effects of Short Term Rentals on neighborhood property values and future homebuyer loan availability, and a general apprehension due to the chance of behavioral problems such as excessive noise generated by short-term renters both outdoors and through the shared walls of the townhome. • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend denial of this request by a vote of 7 to 3. 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 5632 Freewill Lane and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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 Margery & AJ Ellis Page 3of4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 Margery & AJ Ellis Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department0 City Manager: Applicants and Property Owners Margery & Al Ellis Agenda Item Planning Commission Public Hearing February 10, 2021 li /' City Council Election District Centerville 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation �P,,,,s,or Coed R 0.-0 `°� Approval ' �h o d9` �` oBo �9� r b� a, 5 Staff Planner `d o c4 v William Miller 1 i v •Location 2 ' 5632 Freewill Lane S+Q' c _ - �� Q / °s GPIN 'o ' ; �. 14640845350000 `"""" ° a Site Size91 d f 2,068 square feet , to i lb Existing Land Use and Zoning District Townhome dwelling/PD-H2 Planned Unit Development (A-24) Surrounding Land Uses and Zoning Districts North ' Multi-family dwellings/PD-H2 Planned Unit - �s ` Development (A-24) '. South Freewill Lane Townhome dwellings/PD-H2 Planned Unit . Development (A-24) r East \ ` Townhome dwellings/PD-H2 Planned Unit K` , �'' R Development (A-24) e r F_tCBvni�fan • -• _i di, + It West Townhome dwellings/PD-H2 Planned Unit .. Development (A-24) -tY -Pr Margery&Al Ellis Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,068 square foot lot is located within the PD-H2(A-24) Planned Development District and contains one townhome dwelling within a row of five. • According to City records,this home was constructed in 2016. • Staff inspected the site on December 17, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; however, due to the inherent narrowness of the townhome lots and the width of the double driveways along this street,there are few opportunities for on-street parking. Nevertheless, 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. • The applicant accepts 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 0 A b isas nII : IaI! $ \e Aftil c -co TPA 1411/117" s wad .110111 •• elf rok slow 4C-v; 41440:fifoll 0.140 STATUS = 10" 0 Approved 11111. ^• .• • -iM '*41t Current as of 03.05.2021 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. Margery &AJ Ellis Agenda Item 14 Page 2 • 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 \ \ okt, o- '=-za} Zoning History • Pio,A- . # Request ' 1 REZ(B-2 to PDH2/A-24—Townhomes and Apartments) Approved 09/24/2013 v,e.,„mo" SVR(Subdivision Variance)Approved 09/24/2013 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Infinity Townhomes subdivision,which is a Planned Development of 40 Townhomes located in the Centerville community. The submitted parking plan shows all three required parking spaces located in the existing driveway; however, one space does project 2-feet into the city right-of-way but is still within the driveway apron. Since this projection does not impede pedestrian or traffic flow,the Zoning Administrator deemed the parking as acceptable, as allowed by Section 241.2(1) of the City Zoning Ordinance. In addition, all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 5632 Freewill Lane and the Short Term Rental use shall only occur in the principal structure. Margery &AJ Ellis Agenda Item 14 Page 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(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. 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. Margery&AJ Ellis Agenda Item 14 Page 4 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24,2021, and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25,2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28, 2021. • 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 March 22, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/de pa rtments/city-clerk/city-cou nci I/Documents/Bookma rkedAgenda.pdf on April 2, 2021. Margery&AJ Ellis Agenda Item 14 Page 5 Site Layout & Parking Plan Pond 1 ! ;, ` I .: j ` I _1 1__ I , ► ri I z .i a z1,v' say' 2O.8' r co ownhom: Lot 15 cn t] 22_g' N 9.6 .... _ i Sy 2;.6' r+ . 221' I e I 11`. ci • • i ) // h /t • ' _______________ __ = _ End of private sidewalk Freewill Lane (40' / Public) 9' x 18' parking space Margery&AJ Ellis Agenda Item 14 Page 6 Street Photo ,. ..00-.1 , ...i.,...„ _4, ...,......:: 4.. 4_e..., . II II itilki.„,„ ill.... L t r vF _ A - , 5632 Freewill Lane Margery &AJ Ellis Agenda Item 14 Page 7 Site Photos \ _ , _ ___:__,„ _ _ • ` J ill•i•A h A I11TAIIt�,l'irul 1 I. , l 41-111 I L -z " > --- } 1 . ,i■■ IMI al IIII • III kip 1I 1::!' rd1':�. ;I:, a ip 'a,-.... +r. Margery &AJ Ellis Agenda Item 14 Page 8 Disclosure Statement Disclosure Statement \113 :°4ry% Sax+ 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 Margery&AJ Ellis 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?0 Yes I 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. 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 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 otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-310L 11 Margery &AJ Ellis Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement \t13 Plat«mng&Commwit' 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? 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. PennyMac 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?• Yes 0 No • If yes,identify the firm or individual providing the service. Evolve Vacation Rental 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 NI 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. 2WPegs Margery &AJ Ellis Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement At13 City of Vimmia Facia 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 U 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 U 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?El Yes MI 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. f _ / (.\) L_ f Applicant Signature Margery&AJ Ellis(Owners) Print Name and Title I! 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 p �d 0of 161 03-16-2021 5 nat"" Wali.Gt riv Ma e Print Name William Miller 3lPag - Margery&Al Ellis Agenda Item 14 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. Margery&AJ Ellis Agenda Item 14 Page 12 STR VICI - ITY _AP MARGERY & AJ ELLIS - 5632 FREEWILL LANE 1 - V. 'lilf-ltLl1-i1-0-'1 i 1 `rI ,B \ r ' !fir ,Ir.. ,� . _ _ .) ,* \ �_ , r, 5 WI G,cc‘e �' • � ,* a9r°pia ,,,, . •\ \- - A4-;- V ' /*V ' -e..-- k\li-4 .. --) .,,4„144 ...---, - 1- - 1::\ ///44&''' -1' ' • ,l ,ri my ' 1411,\\\ ---, 1 1 I ost,av,?16,1.‘ ,, _ il. * ° ;:a 4. sliviir.---_,di' VL,1%--Wiii411111101.14 _ \\ _____________,- __"_ / fillgiliWW1-4. -4-4°S'7, 'IP - All '11411ciPr. ---1-' , ,, ' *•‘..‘„,,/it.-„,,_._, ....... . t • ,,,,,,,y iii ., - ,, -- STATUSof ,r .,F. G so val 1 ' 0 Approved ��Lr--_ } �s � � 414/k \\\:- 1 • Denied `SItiptsTa�.. ,`� *Mil ' Under Review � /1114114 � I l Registered a'(111)' Updated on 03-05-2021 Item # 14 Margery & AJ Ellis [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) 5632 Freewill Lane February 10, 2021 RECOMMENDED FOR DENIAL— MOTION TO APPROVE FAILED — HEARD Mr. Weiner: Thank you. We can move on to item 14. Mr. Dao: Before we move on to the next item, can we check user 21, can you please identify yourself? Caller 21, can you please identify yourself? Alright, thank you. The next item is item number 14. The application of Margery and AJ Ellis, a Conditional Use Permit request for a three bedroom Short-Term Rental located at 5632 Freewill Lane, in the Centerville District. The applicant is Margery Ellis. Ms. Ellis, please start your comments. Mr. Ellis: Good afternoon. This is AJ Ellis, I am the husband of Margery Ellis and the co- owner as well. Basically, we are just looking for the Conditional Use Permit for the STR, like I said, we believe it would be a great investment for ourselves and additional income for our family. Basically, we recently just had a daughter, she is a year and a half, and we want to get ahead and be proactive and her tuition as well for the college and of course, we all know tuition is not cheap. So, the income we received from the STR will go to that. And, like I said, as far as management, we have a management team in place. Actually, they manage the same property, my father's property, he has STR, he went through the same process we are going through right now in the Glenwood Area.And, I think they've managed over 14,000 properties and they have over 700 plus destinations. Me myself, I have bought and sold and held rental properties in the area. And, I have managed them myself until it was sold in 2018. I am just looking for approval of the STR. Mr. Weiner: Thank you, Mr. Ellis. Mr. Ellis: Okay. Mr. Weiner: Any questions from Mr. Ellis. Mr. Ellis, I have a question for you. Is this your primary residence? Mr. Ellis: Correct, at the moment it is. Mr. Weiner: Do you do plan on living there and doing Short-Term Rentals or as you are living there? Mr. Ellis: Negative, my wife and I will be moving out and this will be a full time. Mr. Weiner: Full time Short-Term Rental. Mr. Ellis: Correct, and we will still in the area. 1 Mr. Weiner: Okay, thank you. Mr. Ellis: You are welcome. Mr. Weiner: Alright. No more questions. Anymore speakers. Mr. Dao: We have one speaker for this item Kenneth Houck. Mr. Houck, please start your comment. Mr. Houck: Hello, can you hear me? Mr. Dao: Yes, sir. Please start your comments. Mr. Houck: Thank you. My name is Ken Houck and I am a board member and president of The Towne's at Centerville Crossing Homeowners Association. Our community is made up of 40 townhomes on Freewill Lane, which is a dead end street one block long. There are a total of nine buildings located on both sides of the street, which have either four or five townhomes in each building. The HOA conducted a Zoom meeting for the property owners to get their feedback about Short-Term Rentals within the community as well as another related topic. 85% of the owners that we have spoken to are in opposition to allowing Short-Term Rentals within the community. The reasons stated for this opposition are as follows. The neighborhood is not in a beach or commercial or entertainment area. Short-term renters do not have a vested interest in the community. There is no motivation for them to take care of property or even the shared community property. It would create a transient area within the community. There were concerns that there would be a negative effect on property values. There were safety concerns, children play in the street and it would be frequently around people that we do not know. In addition, a single mother expressed her concern for her child's welfare in our community if people were coming and going on a frequent basis. Townhomes do not have a separation between properties, so, renters are literally on the other side of the wall. Residents had concerns about parties on balconies at night that would be just feet away from their bedrooms. The way these townhomes are constructed as you can see from the photo that you have listed, the garage is on the main floor, directly above it is the balcony, and directly above the balcony is the master bedrooms. Homes would be harder to sell. In the Washington Post dated September 7, 2016, it states "Fannie Mae will not buy a loan for a property if the building allows units to be rented by the day. In effect, the rule means that buyers in your condo building would become ineligible for a Fannie Mae loan." These are the reasons for the opposition. These are strongly held beliefs expressed by owners within the community. They want to ensure their quality of life will not diminish in their pursuit of happiness. Thank you for your time. Mr. Weiner: Thank you, sir. Anybody have any questions with the speaker? No questions. Okay. Mr. Ellis, do you have anything you want to add. Mr. Ellis: Yes, he was saying as far as kids in the neighborhood, I was on that Zoom meeting for the HOA and there were a few people complaining about they do have kids in 2 the area, and they would not know who is in and out of the STR. I do not know if you guys are aware, but right behind us, we live next to a two 300 unit apartment complex and we all share the same amenities as far as the pool, fitness center, etc. So, again, it's a two 300 unit apartment complex and people are constantly moving out day in and day out. So, you just never know who you are living next to regardless. Mr. Weiner: Okay, any questions for Mr. Ellis? No questions, that is all the speakers. Mr. Dao: Yes, sir, that is all the speakers on this item. Mr. Weiner: Alright, we will come close it to the public and open up for us. Ms. Klein. Ms. Klein: Thank you. I hear the concerns of the HOA, I live in a connected townhome, so, I can certainly appreciate those concerns. I think that there is a need for Short-Term Rentals in other parts of the city not just along the shoreline. And, I hear the residents' concerns, because there are no direct concerns related to a specific property in their neighborhood, I will support the application. Mr. Weiner: Okay, any other comments. No comments, nobody. I am going to get back to where we were being consistent, and it is going to be hard for me to support this one, while I cannot support one down the beach that was out of the what we were looking at and what we are trying to do. So, I am personally not going to be able to support this one. Anybody else? Ms. Klein, do you like to make a motion? Ms. Klein: I move that we approve the application. Mr. Weiner: Alright, do we have a second? Mr. Coston: Second. Mr. Weiner: Alright, we have a motion for approval by Ms. Klein, seconded by Mr. Coston. We are ready for the vote. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Barnes. Mr. Barnes: No. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Nay. 3 Ms. Coleman: Mr. Horsley. Mr. Horsley: No. Ms. Coleman: Mr. Inman. Mr. Inman: No. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Ms. Oliver is absent. Vice Chair, Wall. Mr. Wall: Yes. Ms. Coleman: And, Chair Weiner. Mr. Weiner: No. Ms. Coleman: By recorded vote of seven for and three against agenda item number 14 has been recommended for denial. Mr. Weiner: Alright, we move on to item number 16. Mr. Dao: The last item on today's agenda is the application of Albert and Enit Lulushi, for a Conditional Use Permit for Short-Term Rental located at 528 Vanderbilt Avenue in the Beach District. The applicant is Enit Lulushi. Ms. Lulushi, please start your comments. You have up to 10 minutes. Mr. Tajan: I am sorry, Ms. Lulushi, if you can hold on one second. Just to be clear the motion failed on a vote of three for and seven against. And, I guess I just want to be sure, Ms.Wilson we do not have to vote again, right? It is just the denial recommendation because of the failed motion for approval. Ms. Wilson: It should be seven to three, we only have 10 members. I figured the math question out. Mr. Tajan: Just to be cleared for the record, it was three for, seven against, the motion failed, which is a recommendation for denial. Okay. AYE 3 NAY 7 ABS 0 ABSENT 1 Alcaraz NAY 4 Barnes NAY Coston AYE Graham NAY Horsley NAY Inman NAY Klein AYE Oliver ABSENT Redmond NAY Wall AYE Weiner NAY CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 5632 Freewill Lane and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. 5 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. 6 / 1 - "I MI/ CD IFV"Iir r1 • ' 1 1a1141410MiUliajlftn r i'7 P! ! " d ,r.� 111 he ♦ PDH1 �� 100 e E-7- - �" oIli 0. ..... it 27:35,) --� %, N_, ��1� Court, a I E lir o' alio i • ca 0 . ►, alqu�rl Iii,../1__ Oa in PDH1 rill It, I D Dzs ,/Hi)I , 0 o 0-------; r\'.0 \ �, o ;---0 centennial Circle - - -__ ------ 0 ler D CoYote" cI% c II E7 A, *41rA° PDH 1 a k 4 �. ►e � • WIN PDH1 --_ 3 - __ Ma N WA; Site Jaime Dymond W , Property_Polygons 3817 Daiquiri Lane QZoning Building Feet Parking Lot Drive Aisle 0 20 40 80 120 160 200 240 =r s1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JAIME DYMOND [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3817 Daiquiri Lane (GPIN 1485210479). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 11,916 square foot parcel zoned PD-H1 Planned Unit Development District. The lot consists of one single-family home 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. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts 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. As of March 12, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This site is within the Salem Lakes neighborhood, which consists predominately of single-family homes. In addition to an existing 1-car garage, the property also contains a 12-foot by 20.5-foot concrete driveway. This garage and driveway can accommodate two off-street parking spaces. A third space would be located within a proposed concrete addition placed on the east side of the existing driveway. As allowed by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator deemed this plan as acceptable with a stipulation that the placement of the driveway addition occur within 60-days of City Council approval. Recommended condition #4 addresses this matter. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. Staff has received two letters of support for this item. Jaime Dymond Page 2 of 4 ■ Recommendation: On March 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 7 -0. 1. The following conditions shall only apply to the dwelling unit addressed as 3817 Daiquiri Lane, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 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. 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. Jaime Dymond Page 3 of 4 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. 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. Jaime Dymond Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (-- V7 City Manager: Applicant& Property Owner:Jaime DymondNB Agenda Item Planning Commission Public Hearing: March 10, 2021 City Council Election District: Centerville 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation �.. 1. 400, / .X ..\ , Approval '' ■ r°e V.' oq�� am )---1--- ._, > 'Po Staff Planner � i. Summer Peebles �o 1. a �, Lake�---/- �- LPk Lane 1;'',/ % ( Rock La Location z �---- 3817 Daiquiri Lane � ' .414.118 / � Ilk 1 GPIN Vne Y C, C -\---5----1, � 1485210479 sa,em La„" BO�kward 3 Site Size 4- 11,916 square feet star,.ood Arch Ott Stillwood Lane Existing Land Use and Zoning District Single-family dwelling/ PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North t _`s►_ Daiquiri Lane -; ?. kt, Single-family dwellings/ PD-H1 Planned Unit ' Development 4 L .4 South y � ,:,;,(,n ,. Centennial Circle iLlt Single-family dwellings/ PD-H1 Planned Unit Tr - 404 • , � D`�G_ Co_; Development i o ` ,, N, •.—• East ". * ti t Single-family dwellings/ PD-H1 Planned Unit 4 t r • k ` --c ,,,a.Clrcle `-u --� r. Development - West Single-family dwellings/PD-H1 Planned Unit l 1 - Development bi °-`t ". - Y l'. <F Jaime Dymond Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This is a 11,649 square foot parcel zoned PD-H1 Planned Unit Development. • The subject dwelling was constructed in 1985. • Staff inspected the site on January 19, 2021 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. • Known Short Term Rental activity/As of 03-01-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A • The applicant accepts 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 x/qtit 141 ill I 14,444,4- Ile ri ege rl AV'piing I 414 8 • Arra y► � V R� �►ita r firftli N1 et Valet: dVr„1?R a. /11raw'W -• IV. i STATUS 1 .apseprintliiii Q Approved 0—�_,,_`` r""�` rI wAr • Denied , � '�•�� i� O Under Review�' ` • . O Registered 11 G � Map updated on 03.12.2021 Jaime Dymond 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 17 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 2* *3rd parking space proposed with driveway expansion g,a go 4/ il CCM 1107,, o a -7, ,w0__°"" No Zoning History to Report 014 0 /J C-cY°t•C4eis O �,@ PO-H1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation & Recommendation This site is located in the Salem Lakes neighborhood which consists predominately of single-family dwellings. Short Term Rental Use has proven to not be common in this area of the City. There is an existing 12-foot by 20 1/2-foot driveway that is used for parking as well as a 1-car garage. It is the applicant's intention to use the garage to accommodate 1 parking space and widen the existing driveway to accommodate the 3rd additional parking space. The applicant has submitted an alternative parking plan that shows this proposed improvement and the use of the garage for 1 parking space. The Zoning Administrator has deemed this plan acceptable. If this request is granted, a condition is recommended that requires the placement of the driveway addition and within 60-days of the City Council public hearing. Staff has received 2 letters of support from surrounding property owners. Jaime Dymond Agenda Item 13 Page 3 Based on the considerations 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 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 3817 Daiquiri Lane,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 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. 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. Jaime Dymond Agenda Item 13 Page 4 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. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. 2 letters of support have been received by Staff from surrounding property owners. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021, and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. Jaime Dymond Agenda Item 13 Page 5 • 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 March 4, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28, 2021. • 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 March 22, 2021 • 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 April 2, 2021. Jaime Dymond Agenda Item 13 Page 6 Site Layout & Parking Plan . -Existing driveway is 12 feet wide and 20 %z feet long ,r -Proposal to add concrete on the left side of the existing \ driveway to widen driveway \\ \�� to 18 feet wide and \ 18 feet longto \ \ accommodate Sparking \\\ \ space / . � \ ,,,, JQ / r � 'Imo, `i, 4 / s° c' , � 0i i,',t' \ . 5TF'p �:. / !t / m`V - Dm< 4 1, \ Single- :.w / Q :' / \ \ R g / �� / amity ry -43 a5 61 iii nwellinF 1 1,4 / �,1 o �r O / �4i/ q� far \ 1 / o es,T / / / r 4 i TA / / Proposed // / driveway ,)2' 1 A . 49 f / addition Daiquiri Lane • � / Ni Jaime Dymond Agenda Item 13 Page 7 Site Photos S11 � ._ ...v�_.._ ATE�;•; fi • ss 7 Jaime Dymond Agenda Item 13 Page 8 Site Photos fir. - tr F r T f• , 1 ,1" ,r ' iiJE71 lkf, f-: 1 , , ` 4iiii,_� '. Jaime Dymond Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement City teVirgiro Bash 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 Jaime Dymond Does the applicant have a representative? 0 Yes i♦ No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes V 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) 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(ili)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Jaime Dymond Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement 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 Ia 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-coliateralization,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 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? Yes ❑ No • If yes,identify the firm and individual providing the service. MyLodgeTax.com by Avalara 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 El 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 III No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Jaime Dymond Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement VI3 rvy M rvgo:c naafi 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 a 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 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 it 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 th- pp- ation. Applicant Signs Print Name and Title pew al, 103-0 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 USF 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 °f0e 3 16 21 Signature ff / Print flame tfg7� ame Revised 11.09.2020 Wage Jaime Dymond Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Jaime Dymond Agenda Item 13 Page 13 STR VICINITY MAP JAIME DYMOND- 3817 DAIQUIRI LANE W7 At .4& / Ayrtg\T\\W 'tXr I � - --=,,-, (i__L:-Is_s_2v....o:i—iii--b, ,,\ , A,"- lW - - _ /ice *'�,s1��//,'., 467,fifiil li odk-. ,' -ice- tri 0 /. ,)"111"1" 411,417% -_ .. • '..0.-..-,,,,-4tA* ' -- Ai 'Iv PI' Orli 1—Wilain°1111 . - lillrei 4 - 4147412 4 .f % Vali 11W -1 /1 # If . ,Tir, Atov. \Ai* omitifirs4-1,-----:-- .,__titir\ ' e‘. .w • 4 _,„,00..1.„-- _s. sou . ,_•- --_____* _:„ ,' el," . 40.4ibiorig 2111,75--ie 40 VONA& - lag ortive_4,* klpii. "140,144. )11 T'iwiliefigUl---------- AA 6, t 4W#11P41. ' *V' nititi •- 4/4". 441/14 iiii .04pr. r 41 torr---: is El*, ,,,,,,,gviii.,:,4411, tii. .4p 40_6— i INA*" rite#10 Ift r' 4 -,2,-0/a4 \i.J, m %rot 9.1,.t1 10 , ,,..ro.t Imitllpik rtos : g ;, l6 G4 4l tc,„ -t..t-o-11m._i._! - &)--- am Updated on 03-12-2021 Item # 13 Jaime Dymond [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) 3817 Daiquiri Lane March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Ms. Sandloop: Next item of business is agenda item number 13, Jaime Dymond, an application for a Conditional Use Permit Short-Term Rental on property located at 3817 Daiquiri Lane in the Centerville District. Is the applicant or the applicant. Mr. Weiner: Please come forward. State your name for the record, please. Ms. Dymond: Hi, good afternoon I am Jaime Dymond. So, I have owned the home for over 10 years. I plan to rent for less than half of the year just primarily during the summer. I think it is a great location, being right next to the amphitheater, when hopefully under normal circumstances, we will be having concerts again. Also it is a great location, centrally located for military families visiting from out of town, but also very close to the area beaches and a little further removed from some of the noise and chaos that can happen at the oceanfront. I know the hot topic this morning was the matter of the parking. So, my driveway, including the apron is 32-feet long and in the time I have lived there, I have always parked two vehicles in the driveway. I do realize with the regulations that we do need to provide additional space. So, I did consult with a contractor whose just been looking at it, we are determined to try to preserve some of the uniformity of the neighborhood, so it might be better to position it to the left, also providing extra space to put trash bins and things like that. There is not much going on between my neighbor's driveway and my own. However, I am entirely open to just expanding it six-feet the other way. I am just trying to be as agreeable as possible to whatever your recommendations are. Thank you. Mr. Weiner: Any questions. Alright, thank you very much. No more speakers. Mr. Dao: No more speakers. Mr. Weiner: Alright, Ms. Klein. Ms. Klein: I am super conflicted about this. I really want to approve it. I spoke with Mr. Kemp extensively during our break; I want to approve this. I am interested to know your thoughts on the parking plan to see if that sways me in another direction. Mr. Weiner: Who wants to go first? Mr. Coston. Mr. Coston: I think most people who expand their driveway tend to go to the left. I mean, you kind of want to leave the front of the house looking the way that it does. I am in 1 favor of approving it if she wants to put that driveway to the left and I would go along with that. Mr. Weiner: Okay. Jack. Mr. Wall: We just approved one that expanded the driveway. My opinion is similar to Mr. Coston, I think it is a better look on the outside than the inside. Mr. Weiner: Who else? Dee. Ms. Oliver: I am fine with it. I think that whatever makes her property look aesthetically pleasing to her and is good with City Staff and Permitting, I think whether it is adding three feet to one side and three feet to the other to make it wider and sort of centered, it might look better like that, but either way, I am fine with that. I wish that in going forward in the future that our photographs would sort of encompass a little bit more of that side so Ms. Klein could have probably had a little bit of a better visual or all of us that cannot see it that way then you know a little bit better photographs of the property, but that being said, I am fine. Mr. Weiner: Alright. Do we have a motion? Ms. Klein: I will make a motion to approve. Mr. Weiner: I have a Motion approved by Ms. Klein. Do we have a second? Mr. Coston: Second. Mr. Weiner: Second by Mr. Coston. We are ready to vote. Ms. Sandloop:Mr. Alcaraz. Mr. Alcaraz: I think I will abstain since I excused myself for this one. Thank you. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. 2 Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond is absent. Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By recorded vote of seven in favor with one abstention agenda item number 13 has been recommended for approval. AYE 7 NAY 0 ABS 1 ABSENT 3 Alcaraz ABSTAIN Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 3817 Daiquiri Lane, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 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. 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 3 Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 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. 4 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. 5 From: Jaime Dymond To: Summer J.Peebles Subject: Fw:Letter Date: Wednesday,February 3,2021 10:00:05 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. J Hello Summer! Here is a letter from one of my neighbors. I have another neighbor interested in also writing a letter, I'll share that upon receipt as well. Jaime Dymond Sent from Yahoo Mail on Android Forwarded Message From: "Theresa Parisi" <theresaparisi@outlook.com> To: "Jaime Dymond" <jdymond22@yahoo.com> Sent: Wed, Feb 3, 2021 at 9:53 AM Subject: Letter I support my neighbor Jaime Dymond in listing her home for short term vacation rentals. I've been her neighbor for 8 years and know she is responsible and has respect for those who live around her so she still be sure the rental is managed professionally. Being a veteran I am excited to see her add to the options for families to have places to stay other then a hotel so they have more of a"family" atmosphere when the are visiting their service member. I believe this is a great way to help our community prosper and grow! Respectfully, Theresa J. Parisi 3820 Daiquiri lane Virginia Beach, va 23456 850-291-2195 From: Jaime Dymond To: Summer J.Peebles Subject: RE:Vacation Rental endorsement Date: Thursday,February 4,2021 1:28:30 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. He is 3821 Daiquiri Lane Sent from Yahoo Mail on Android On Thu, Feb 4, 2021 at 1:25 PM, Summer J. Peebles <sjpeeble@vbgov.com> wrote: What is his address? Summer J. Peebles Zoning Inspector I Zoning Division/Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach Virginia 23452 (757) 385-5088 sjpeeble@vbgov.com 1/13 From: Jaime Dymond<jdymond22@yahoo.com> Sent: Thursday, February 4, 2021 12:02 PM To: Summer J. Peebles<sjpeeble@vbgov.com> Subject: Fw: Vacation Rental endorsement 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 again Summer! My neighbor Michael sent me this email today! Bless his heart he spelled my last name wrong, I hope that's ok! He didn't include his address like my other neighbor,but he's 3821 Daiquiri Lane. Sent from Yahoo Mail on Android Forwarded Message From: "Mike Wilson" <sapoolleague@gmail.com> To: "JDYMOND22©yahoo.com" <JDYMOND22(a yahoo.com> Cc: Sent: Thu, Feb 4, 2021 at 11:51 AM Subject: Vacation Rental endorsement Good day! My name is Michael Wilson and I am the neighbor of Jaime Diamond. I understand that she is starting out on a business endeavor and I am emailing to endorse this decision. I am also a business owner and have been for almost 9 years. I am excited to see Jaime succeed with the short term vacation rental and am sure it will be a wonderful addition to the small business community. Michael Wilson Mike's Break Room > ♦4� Do R5R -, 7 /A i 44„7711::#1 7 'q�e _ R5R ri 4e , , %. * , /°/ ii R5Rr ; I? Ile, 4jI; fr;r4t ejp / iti- i AI_. 40P 7 , --,7-4e -4I I, 1 41 , / tIlli �� Iro r �1* R5R 42 , B1 0 , / / ir 44 4 , •• ..// 0 ., 1 ,, --_____ , 1 , ,1 /1 1 ,,,,„, r , , / . , , , , ,„ , „_ ,_ „,, ? ,ifiti* , ///,, Site Benjamin A. Abair W 4-NOILi; Property_Polygons 2513 Mortons Road QZoning Building Feet Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 (i`PSil' �bpi) i, 1. s, 4i 'J.1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BENJAMIN A. ABAIR [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at2513 Mortons Road (GPIN 15707155670000). COUNCIL DISTRICT — BAYSIDE MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 4,260 square-foot parcel zoned R-5R(SD) Residential District in the Shore Drive overlay. The lot consists of one duplex building owned solely by the applicant; however, only one unit is part of this request since the applicant currently lives in the other unit. 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 unit is six; however, at the time of this writing, the applicant accepts 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. As of March 12, 2021, Host Compliance does show advertisements associated with the subject address; however, the minimum night stay is 30, which makes the current use fall into the long-term rental category. • Considerations: This R-5R (SD) zoned lot is located within the community of Chesapeake Beach, contains one duplex style building, and sits approximately 400 feet from the public beach of the Chesapeake Bay. Due to severe fire damage, a majority of this structure was reconstructed in 2019. The applicant's submitted parking plan depicts two required off-street parking spaces within an existing compacted gravel driveway, which was refreshed with new gravel during the reconstruction of the duplex in 2019. As a result of the original structure's construction year, 1950, the property does not contain a code compliant driveway entry apron. Therefore, staff recommends a condition requiring the placement of a code compliant driveway apron for the address associated with this request. 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 Benjamin A. Abair Page 2of4 met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There was one letter of opposition received relating to this request. The letter was received on March 16, 2021, after the March 10th Planning Commission public hearing. The author of the letter expressed concern with Short Term Rental use in light of a recent shooting that occurred at a nearby STR in the Chesapeake Beach community; however, this incident did not occur at the STR address associated with this CUP request. • Recommendation: On March 10, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2513 Mortons Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 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 Benjamin A. Abair Page 3of4 occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane Benjamin A. Abair Page 4 of 4 is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (5) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: &P likBApplicant and Property Owner: Benjamin A. Abair Agenda Item Planning Commission Public Hearing: March 10, 2021 City Council Election District: Bayside 1 0 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner William Miller (auae da/eq� e„ue m Location 1 . 0, ew� 2513 Mortons Road ' , IGua LOpkou Oad_e„'a A ^'Street r R -- �-.gr ro 'etr L"A h0yea GPIN (.4o„ erqenue^ue �'1 yah 15707155670000 ��/ ` Site Size S \-4 _ •6, \ 44, 4,260 square feet ` e �. A • ,. •6h 2 r 4- „Sv 90 Greenw ell Rod` °� �'r ROa, Existing Land Use and Zoning District Duplex dwelling/R-5R Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts ., , \ ,. North r.0 ;�.,.. ..,: -. Duplex dwelling/ R-5R Residential (Shore Drive *ter�' - : /' Overlay . F , South Single-family dwellings/ R-5R Residential (Shore i, E .f - Att. .">-4, -,e�•` / °"'y g s = C Drive Overlay) f m, .A ,,; , Y � y a Ovi « �r� : * n East $ q t.i F .. �ewgy• �rp# Semi-detached dwellings/R-5R Residential " ' ti • 1' (Shore Drive Overlay) ,�.• <a,,o,,, ; ! j,n , . , ,, West , f` ,. Single-family dwelling/R-5R Residential (Shore ,, '''` < r'fl �tK Drive Overlay) ; ' a 7a 1 Benjamin A. Abair Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • This 4,260 square foot lot is located within the R-5R(SD) Residential District and contains one duplex style dwelling. • The applicant also owns, and currently resides in, the abutting unit (2515 Mortons Road). • According to City records,this duplex was constructed in 1950; however, it was mostly rebuilt in 2019 after sustaining severe fire damage. • Staff inspected the site on January 19, 2021 to observe site conditions and take photographs for this report. • On-street parking is prohibited on the west side of Mortons Road and is permitted on most of the east side of Mortons Road.Therefore, any overflow parking beyond the minimum parking spaces could occur within parts of the east side of Mortons Road. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity/As of 03-01-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes -with a minimum night stay of Last 31-60 days No 30-days • The applicant accepts 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. Benjamin A. Abair Agenda Item 10 Page 2 Short Term Rentals in the Vicinity •.0/0„- :•44-4,.. _I L4, IA.,ll\,_ ,, �,�V it ak op •�� 0)., at, �, , . pis* ,r,,eit - iti �1; a I"1/411 --' *Om i Ilitildit IOW/Ate t --1-riefle/14114fir eggiit .4/e4a -----,_ / --- MPS&a tormilt--- -47118iiiii7linirgifiricpvil '.• v.;' --- lifiriptia-fr iy At IN i ow Map updated on 03.12.2021 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 Benjamin A. Abair Agenda Item 10 Page 3 R O VVV/ 4• I ' — °,4„4 41/C/ 4..:2 "`��. No ZoningHistoryto Report O*It 0' ��0 0. ilikr. -Ro �� R ] / j , \„ gd //"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 This R-5R(SD) zoned lot is located within the community of Chesapeake Beach and contains one duplex style building. Both units within this duplex are owned by the applicant,who intends to live in one until(2515)and use the other unit (2513)for Short Term Rental purposes. In addition,the property sits approximately 400 feet from the public beach of the Chesapeake Bay. Due to severe fire damage, a majority of this structure was reconstructed in 2019. The applicant's submitted parking plan depicts two required off-street parking spaces within an existing compacted gravel driveway,which was refreshed with new gravel during the reconstruction of the duplex in 2019.As a result of the original structure's construction year, 1950,the property does not contain a compliant driveway entry apron.Therefore, staff recommends a condition requiring the placement of a code compliant driveway apron for the address associated with this request. 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. Based on the considerations 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 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 2513 Mortons Road and the Short Term Rental use shall only occur in the principal structure. Benjamin A.Abair Agenda Item 10 Page 4 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 illustrated in the"Site Layout and Parking Plan"section of the Staff report,an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request.All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 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. 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. Benjamin A. Abair Agenda Item 10 Page 5 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 • The applicant reported that they met with the surrounding property owners,and no objections were raised. 5 letters of support have been received by Staff related to this request. Tin addition,there was one letter of opposition received relating to this request.The letter was received on March 16, 2021, after the March 10th Planning Commission public hearing.The author of the letter expressed concern with Short Term Rental use in light of a recent shooting that occurred at a nearby STR in the Chesapeake Beach community; however,this incident did not occur at the STR address associated with this CUP request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021, and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28,2021. • 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 March 22,2021 • 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 April 2, 2021. Benjamin A.Abair Agenda Item 10 Page 6 Site Layout & Parking Plan KALIVAGE l AS _n. it 2t.86' l A/C co-24 . I ---, 4.3 CO — UTILITIES & Unit Unit O DRAINAGE EASEMENT ,I 2513 2515 7.7' Existing gravel 124 4 ' driveway A cr) PIN(r) 'i 1 2 21 .5' OM wi MORTONS LANE r Proposed entryway apron / must meet all Public Works Specifications and Standards. See condition #3 Benjamin A. Abair Agenda Item 10 Page 7 Site Photos i f- _ - [: _ i� III * Sc..i anvil' pi _. III JL. 111 �i __ • r S. , y a � :. s ►Fe Qos Road Benjamin A.Abair Agenda Item 10 Page 8 Site Photos 1111F ._ .. ,, .• . - Willlifillir ._- ___I - it; 11, ___ _.,__. ._ ,_., _., . ..i.r .,_ ,_ • .46.0tvia..,* _ ._ ,,!. . , i►= ! , i a • :. :I a,... . - _ .. . .. . _ . .. . IM011it -- III � __--.... �tr �� _ - _. �..;_ _ -- 2 , _„v.A Benjamin A. Abair Agenda Item 10 Page 9 Disclosure Statement Disclosure Statement 1A3 tv fervid bad 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 Benjamin A.Abair Does the applicant have a representative? 0 Yes IN No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes U 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 entity2 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 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)ore 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. Revised 11.09.2020 1 I P a g e Benjamin A. Abair Agenda Item 10 Page 10 Disclosure Statement Disclosure Statement \113 Planning&Community Development Known Interest y 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 IR 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-collateralizatlon,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 Home owners mortgage with:Atlantic Bay Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 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? Yes 0 No • If yes,identify the firm and individual providing the service. Brunke&Company,William J.Brunke,CPA 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 and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes IA No • if yes,identify the purchaser and purchaser's service providers. Fc',�r,ed 11 C2::'..'_<<. Wage Benjamin A. Abair Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement 1113 net,of Virginia Beach 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 I 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. Applicant Signature Benjamin A.Abair-Owner Print Name and Title 7Dec2020 Date Is the applicant also the owner of the subject property? I Yes 0 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 Maier No changes as of Date 03-16-2021 signature W�,7l w Print Name William Miller Revised 11.09 2020 3 Benjamin A. Abair Agenda Item 10 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Benjamin A.Abair Agenda Item 10 Page 13 Ak/ 4v ffJrl ��: 11 irfr = 474 ipvik , 4. / 1/4- A*/ a zv) mot' <CI— t •••/ /.;-w ., i___, 2 2 ii, Le/./# is„,,levir r:, 0 I- 1-ci . .el /4-`-- 1L ff. I.ig c a, 'igiat Atillit:74 0 -0 = IN• W ' *Sib,//41114. / a.) ,!0,L______ iiia,/ . +, na CC < 1410,/,„ tatk. I ~ I ,i ;' fir+ ,` (j law,iiir- lair,, Item # 10 Benjamin A. Abair [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 2513 Mortons Road March 10, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you. We are unaware of any items to be withdrawn, there are no items to be withdrawn. So, now we will move on to the Consent Agenda and our Vice Chair Wall will take that over. Thank you. Mr. Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and they are no speaker signed up in opposition. We have five items on the Consent Agenda today. The first item is agenda item number one, City of Virginia Beach resolution to schedule monthly meetings at the Planning Commission of the City of Virginia Beach for April 2021 to December 2021. Can someone from City Staff please speak on this. Mr. Dao: This is a Resolution to adopt a date of the Planning Commission for the year of 2021, basically from April 2021 to December of 2021. Mr. Wall: Thank you. Is there any opposition for this item being placed on the Consent Agenda. Hearing none, so, moving on to agenda item number three, Presmont Construction Services, an application for Conditional Use Permit for Automobile Service Station. Is there a representative for this item. Mr. Beaman: Yes, thank you Mr. Vice Chair, Mr. Chair, and Members of the Commission for the record, my name is Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions, they are acceptable and we certainly appreciate being on consent today. Thank you. Mr. Wall: Thank you. Is there any opposition for this agenda item being placed on the Consent Agenda. Hearing none, Mr. Redmond has been asked to read this item into the record. Mr. Redmond:Thank you Mr. Vice Chairman and Mr. Chairman. This is an application for a Conditional Use Permit for an automobile service station. Specifically, it is a convenience store with eight gas pumps at the corner of Pleasure House Road and Shore Drive, in the Bayside District in Northwest Virginia Beach. The site is zoned B-2 community business district, so, it is quite appropriate for this kind of business. It is a 35,000 square foot site, so, just under an acre. The applicant seeks to redevelop the site with a 4000 square foot convenience store and eight fuel pumps as I said if anybody is familiar with this neck of the woods, this site has been an eyesore for about two decades. The design that the applicant has 1 provided is of a coastal style, which is quite attractive for this kind of product and it has a very nice mix of materials. The landscaping plan is quite attractive, it includes some site improvements including sidewalks around both sides of the property, there is one that exists on Shore Drive, but that will be improved as well. There is really nothing not to like about this application. There is no opposition, the Staff has recommended approval and the Commission concurs by consent. Thank you, Mr. Chairman. Mr. Wall: Thank you, Mr. Redmond. The next agenda item is agenda item number four Grace Bible Church of Virginia Beach Incorporated. This is a Modification of Conditions for Religious Use. Is there a representative for this item? Please state your name for the record. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing Grace Bible Church on this application. All of the eight conditions as recommended by Staff are certainly acceptable. We appreciate all of staffs work on this. There was a gentleman now who was here, who is an adjoining property owner he was here to speak in favor of, I think he may still be here, but he was in favor of the application I advised him is on the Consent Agenda. He did not need to speak in his view. I understand, this morning I was here for the informal that some of you all had some questions and I am more than happy to try to address or answer them if you, if they were not answered satisfactorily to any of you or give you little bit of background if that is what the Commission desires, but otherwise we appreciate being on consent. Mr. Wall: Okay, thank you. Mr. Horsley has been asked to read this agenda item into the record. Mr. Horsley: Thank you, Mr. Wall. Back in 2017, a Conditional Use Permit was approved on this piece of property just shy of 14 acres and had six conditions, condition five stated that the parking lot must be at the current grade of the adjoining property. And, at this time,the applicant is requesting modification of the conditions to allow changes to the design and changes to the Stormwater Strategy Conceptual Plan. And, in doing this, the water drainage will change direction it is going to be going towards London Bridge Road. But, the property is somewhat lower than it needs to be to drain like it should be. So, three to four feet of field needs to be put in the property to raise it up and then the stormwater management facilities will work as is supposed to. I think this will be a big benefit for the surrounding community, the understanding the residential people in the close by will appreciate this and it will overall help with our drainage also. So, in staffs opinion, this was a good application and they deemed it acceptable. We had nobody in opposition to it, so, we put it on the Consent Agenda. Mr. Bourdon had said if anybody had any questions he will be glad to answer them, but I think everybody must have gotten satisfied with the questions this morning. Thank you. Ms. Wilson: Mr. Inman, do you have a disclosure to make. 2 Mr. Inman: Yes, I do. I have a disclosure to make and that I am on the Advisory Board of Townebank. Townebank appears to have financing on this particular property,and I do not have a position where I make decisions on loans, and I will be voting on this matter. Mr. Wall: Okay,thank you. The next agenda items are agenda items number six and seven. Dam Neck Storage, LLC, Conditional Use Permit for Bulk Storage Yard and Modification of Proffers for Mini Warehouse and this includes with amended condition number two. Do we have a representative to speak on this item. Mr. Beaman: Yes, sir. Thank you, Mr. Vice Chair, Mr. Chair, and Members of the Commission again for the record Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions with the correction and Mr. Wall noted, they are acceptable and we certainly appreciate being on the Consent Agenda. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, Ms. Klein has been asked to read this application into the record. Mr. Klein: Thank you, Mr. Wall. This property was rezoned from AG1 and 2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005,for office warehouse and storage uses. The southern parcel is developed with self-storage,the eastern half of the site is developed with office warehouse and bulk storage, and the applicant seeks to expand the office warehouse and bulk storage yard uses onto the remaining western half of the site. The applicant seeks a Conditional Use Permit for a bulk storage yard and a Modification of Proffers request to amend proffers one, two, and four that were associated with the rezoning of the property in 2005, except for those proffers,the remaining proffers associated with the 2005 rezoning remain in effect. The proposal includes four buildings with an eight foot tall privacy and chain link fence and extensive vegetation buffer, exceeds the parking requirements by 22 spaces, there is no additional driveway or access proposed. And, as it falls into within the Navy restrictive easements, the Navy reviewed the proposal and has no objection. Mr. Wall: Thank you. That was the last item on the Regular Consent Agenda. Mr. Weiner: Yes, madam my turn. Yes, I am making a disclosure regarding this decision items number six and seven, I will be not voting on address a 1441 London Bridge Road, the applicant is a client of mine. The client is Dam Neck Storage, LLC. Ms. Wilson: No, do you work for Batchelder and Collins. Mr. Weiner: I work for Batchelder and Collins at 2305 Granby Street in Norfolk, Virginia. Ms. Wilson: Thank you. Within 24 hours a written letter of abstention will be provided to the Planning Department. 3 Mr. Weiner: Thank you. Mr. Wall: Okay, thank you. So, that was the last item on the Regular Consent Agenda. The Planning Commission also replaces the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition. These applications are number 10 and number 12. Okay, I make a motion that we approve agenda items number 1, 3, 4, 6, and 7. And, for the Short-Term Rentals agenda items number 10 and 12. Mr. Weiner: We have a motion for approval. Do we have a second. Ms. Klein: I will second. Mr. Weiner: Okay, we have a motion by Mr. Wall and a second by Ms. Klein. Ms. Wilson: Mr. Redmond, there are two Short-Term Rentals on here you need to make your disclosure. Mr. Redmond:Sure, I was going to wait until we had the hearing, but it seems like it is more appropriate time. I am abstaining on not just these two items that are on our Consent Agenda, but on every short-term rental application going forward, as well as on our consideration of the new ordinance. I have a small client in the travel business called Expedia Cruises, which I guess you are going to ask me to read these addresses. Expedia Cruises is a travel agency specializing in cruises. So, if you wanted to go to Cancun you could walk into a physical location which is what I am helping them to find and book a cruise. They are located at 1066 West Hastings Street, number 900 Vancouver, British Columbia V6E 3X1, Canada, and my involvement is through my commercial real estate work with my employer Divaris Real Estate Inc. at 4525 Main Street, Suite 900, Virginia Beach, Virginia 23462. I do a small amount of work for this cruise company, they are part of a much larger company called Expedia Group, which also owns I came to learn a couple weeks ago for the first time, which also owns a couple of online booking sites VRBO and HomeAway, and therefore I have concluded that it would be inappropriate for me to participate, not just in the ordinance but in any of the short- term rental applications, going forward so when we get to that point and the Commission starts those considerations I will take my leave and leave them to do their work on their own. Is there anything else you would like me to say, Ms. Wilson. That is the last time I will make that explanation other than to say, I have on file with the Planning Department a letter that explains my recusal from this part of our body of work. Good. Alright. Thank you, Mr. Chairman. Mr. Weiner: We had a motion by Mr. Wall a second by Ms. Klein for the Consent Agenda, we ready to vote. Ms. Sandloop:Okay, Mr. Alcaraz. 4 Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond. Mr. Redmond:Aye, with the stipulation that I am particularly recusing myself on the items with regard to short-term rental. Thank you. Ms. Sandloop:Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By a recorded vote of nine in favor and zero against with modifications to agenda items 1, 3, 4, 6, and 7, with modifications to agenda item six related to fencing short-term rental agenda items 10 and 12 have been approved nine in favor and zero against with Mr. Redmond abstaining from items 10 and 12 and Chairman Weiner abstaining from items six and seven. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE 5 Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2513 Mortons Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 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. 6 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7 0 0 #44' `�1 565 North Birdneck Road • = Virginia Beach,Virginia 23451 00 n�� MIKE DEERING Telephone(757)383-6848 ," ATTORNEY AND COUNSELOR AT LAW Telefax(757)383-6849 ��� �� mikedeeringC>mikedeeringlaw com January 25, 2021 Via hand-delivery City of Virginia Beach RE: Support of Short-Term Rental located at 2513 Mortons Rd,Virginia Beach,VA 23455 To Whom It May Concern: My name is Mike Deering and I am a local Virginia Beach attorney and also a resident of Chick's Beach. I reside at 4469 Ocean View Ave and am the neighbor of Ben Abair who owns the above listed residence. It is my understanding that Mr. Abair has requested approval for the residence to be utilized as a short-term rental. I write to offer my full support related to this request. I have no concerns regarding the use of the residence as a short-term rental and believe it will not be a nuisance or present any concern to the residents of Chick's Beach. I am available for any questions or concerns that need to be discussed. Respect . A11011° 4111111111111.Deering MD January 26,2021 City of Virginia Beach RE: Support of Short-Term Rental located at 2513 Mortons Rd,Virginia Beach,VA 23455 To Whom It May Concern: Our names are Richard and Christina Schreckengaust and we are both Naval Officers serving as medical professionals. We are residents of Chick's Beach,residing at 2511 Mortons Rd and are neighbors of Ben Abair who owns the above listed residence. It is our understanding that Mr.Abair has requested approval for the residence to be utilized as a short-term rental. We are writing to offer our full support related to this request.We have no concerns regarding the use of the residence as a short-term rental and do not believe it will be a nuisance or present any concern to the residents in our community of Chick's Beach. We arc available for any questions or concerns that need to be discussed. Respectfully, Richard&Christina Schreckengaust To whom it may concern, I am the property owner of 4467 Ocean View Ave Virginia Beach, VA 23455 that is adjacent to Mr. Abair's property on 2515 Morton's Rd Virginia Beach, VA 23455. I agree with and support his intention to short term rent the other side of his duplex 2513 Morton's Rd.Virginia Beach, Va.23455. I am aware that 2513 Morton's has two off street parking spots and there may be increased traffic on Morton's Rd., and I am not concerned by either issue. I am also aware that people will be coming and going from the property on a regular basis. Very Respectfully, Ld-Th Heather Martinez Phone: 757.390.4910 I Mobile: 757.620.7669 heather.l.martinez@leidos.com I martinez.heather0314@gmail.com January 25, 2021 Via hand-delivery City of Virginia Beach RE: Support of Short-Term Rental located at 2513 Mortons Rd,Virginia Beach,VA 23455 To Whom It May Concern: My name is Holly Parker and I am local resident of Chick's Beach. I reside at 4469 Ocean View Ave and am the neighbor of Ben Abair who owns the above listed residence. It is my understanding that Mr. Abair has requested approval for the residence to be utilized as a short-term rental. I write to offer my full support related to this request. I have no concerns regarding the use of the residence as a short-term rental and believe it will not be a nuisance or present any concern to the residents of Chick's Beach. I am available for any questions or concerns that need to be discussed. Respectfully, Holly Webe arker 'f. January 30, 2021 City of Virginia Beach RE: Support of Short-Term Rental located at 2513 Mortons Rd, Virginia Beach,VA 23455 To Whom It May Concern: Our names are Daniel Hathorn and Dr. Kristina Hathorn and we are residents of Chick's Beach. We reside at 4465 Lookout Road at the intersection of Mortons rd and are neighbors of Ben Abair who owns the above listed residence. It is our understanding that Mr. Abair has requested approval for the residence to be utilized as a short-term rental. We are writing to offer our full support related to this request. We have no concerns regarding the use of the residence as a short-term rental and do not believe it will be a nuisance or present any concern to the residents in our community of Chick's Beach. We are available for any questions or concerns that need to be discussed. r Re pect ily, Dan & Krisy Hathorn From: Summer J.Peebles To: William N. Miller Subject: FW: Short Term Rentals at Chic"s Beach Date: Tuesday,March 16,2021 3:44:33 PM 2513 Morton's Road From: Kevin L. Hershberger<KHershbe@vbgov.com> Sent:Tuesday, March 16, 2021 3:44 PM To:Summer J. Peebles<sjpeeble@vbgov.com> Subject: Fw: Short Term Rentals at Chic's Beach Please log this in. From: Cynthia Degain <degain9Paol.com> Sent:Tuesday, March 16, 2021 11:38 AM To: Kevin L. Hershberger<KHershbe@vbgov.com> Subject:Short Term Rentals at Chic's Beach 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, I am writing to express my opinion on short term rentals in the Chic's Beach neighborhood. I live at 4516 Ocean View Avenue, and currently there are 4 short term rentals in my one block area. If the home at 2513 Morton's is approved as a short term rental, that would make 6. On February 28th, there were gun shots fired from the short term rental 2 doors from me. My car ended up with 3 bullet holes. When the police arrived, one of the police officers told me that short term rentals are almost always trouble. So, even the police don't think they are a good idea. Most short term rentals are reserved so people can have a large, loud party on the weekend, keeping the year round home owners awake most of the night. I moved to Chic's Beach because I thought is was a quiet, family friendly neighborhood. Now I am afraid it will become the next tourist destination. It is for the above reasons I am against adding any more short term rentals at Chic's Beach. In addition, the rentals already here should be monitored and their permits rescinded if there is trouble. Sincerely, Cynthia DeGain 4516 Ocean View Ave Virginia Beach, Va. 23455 R5D 1 1R5S -iv-- - 0 1 -/ 1 R5S �h street0 � ; 14 i \C!, 0? 1----) _ ) - __-- \\ I \ \ 0 . 0 1\ 610 , C"\\ , , (t, , \ \--3 i R5S 11 .1�1 r Wel ; ‘ , CI-C 0, R5D ) ----- - -,,j, - t i ' o ---\ C --\1' \-) \ R54. C R-7 , ,_ \ ......., Di __ � `�1 � ' - _ ._____R5D0 ,, (2, ‘ T -Stret .*•% ei\\ \ _________ ____1011 A3 - \ \ iii V:3, 1101" 1 •_ �� _ _ street ; r--1 RSS0 ir" A-S1h I R5D0 `,` 3 \ 00-11 R5D 111 ogiii-- ` a .11 li--- .. _. �_ oi. --- ill , 111 .. WA Site Joseph Layne Donovan w ,Al ,. Property_Polygons 525 13th Streets, Units A & B Zoning [ I Building Feet Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 4,',t si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSEPH LAYNE DONOVAN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 525 13th Street, Units A & B (GPIN 24270544050000). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 7,000 square-foot parcel zoned R-5D Residential District. The lot consists of one duplex building with each of the two units containing two bedrooms. Both units are part of this request and both units are owned by the applicant. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance for each unit (four spaces in all). The maximum occupancy for guests on-site after 11:00 p.m. for each two-bedroom Short Term Rental unit is six (12 in all); however, at the time of this writing, the applicant accepts 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. As of March 8, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This property is located within the Lakewood subdivision, which is a neighborhood composed of a mixture of housing types with a few scattered commercial uses. Nevertheless, the subject property lies within a block consisting primarily of single- family dwellings. This duplex lot sits approximately .4 miles from both the public beach of the Atlantic Ocean and the Virginia Beach Convention Center. The applicant's parking plan depicts four off-street parking spaces on the property; however, one space is slightly deficient in width. As a result, the applicant is willing to add a small addition to the existing driveway to fully accommodate that substandard parking space. Recommended condition #3 was added to address this matter. In addition, the property lies within the boundary of the Residential Parking Permit Program (RPPP). Consequently, another condition is recommended that limits the parking permits issued to two resident passes for each unit; guest and temporary passes will not be allowed while the Conditional Use Permit is active. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it Joseph Layne Donovan Page 2 of 4 acceptable. Furthermore, all other requirements listed in Section 241.2 of the CZO 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. There is no known opposition to this request. • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 4. 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 525 25th Street, Units A & B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type and placement shall be submitted to the Zoning Administrator for review within 60-days of the City Council public hearing. Once the Zoning Administrator's review is complete and a material type is approved, the driveway addition shall be placed within 90-days. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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). Joseph Layne Donovan Page 3 of 4 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. Joseph Layne Donovan 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 Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department 6 (7.. City Manager: (/__9_.0 NBApplicant and Property Owner Joseph Layne Donovan Agenda Items City Council Election District Beach Q( 1 Planning Commission Public Hearing February 10, 2021 12 Q_ �1 3 / Virginia Beach Requests # 12- Conditional Use Permit (Short Term Rental)—Unit A # 13 - Conditional Use Permit (Short Term 1::7- - \ Rental) - Unit B Staff Recommendation Approval 11.0 uot, Ti — s Staff Planner tat„Street smer William Miller ..! . �F 13th Stre c Lev.aMti 7 a llih Street .. ._ 5 lOih Sired Location �r M M1 OIk AV .. y 9th Street 525 13th Street, Units A& B - y wee, P wow' glh - Ti90 .Nt veou c PeeY F. P e GPIN L w,arY'nd tI ; p0a„,ere^ue ett,Su eet 24270544050000 MAtOta Pv eCapGna Pve Pve 50 sv ee` \r-�-V -4 H19n Porn Site Size 7,000 square feet Existing Land Use and Zoning District t Duplex dwelling/R-5D Residential Surrounding Land Uses and Zoning Districts titr , lb, North t .. Single-family dwellings/ R-5S Residential 'e South , * .- ?? . 13th Street - a ���` Single-family dwellings/ R-5S Residential & R y t's Vir ' ' ,« @ r - _f 5D Duplex ����r East _ , Single-family dwellings/ R-5S Residential -= .. , West 1 Single-family dwellings/ R-5S Residential �` , ' Joseph Layne Donovan Agenda Items 12 & 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,000 square foot lot is located within the R-5D Duplex District and contains one duplex dwelling. The applicant owns both units. • According to City records,this home was constructed in 1965. • Staff inspected the site on December 17, 2020 to observe site conditions and take photographs for this report. • Because the existing driveway cannot fully accommodate all four required off-street parking spaces,the applicant's representative advised of her client's willingness to enlarge the current driveway.To address this matter, recommended condition #3 was added to this Staff 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 accepts 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 ,,_,. ...i.s '7.., V,„.. .Ve1='''.\f. \ .. : l 1 B u way-- _ = =tge= _�. eaO ---tilt to�a m _ 1� �� al,\...,...........pr ... 115 ---D Vr lirs v...t1. Iry _ _,..! Vol,.. -k �� 0-1 ' , i 116 . 1 STATUS ��;■ .. I ����" ` i • APProved `�'�+r1 •� ~� MMIONIN IMImaiipm Denied -.- - - — D ilkO Ueger Review , to '\2 1= Updated as of 03.05.2021 Joseph Layne Donovan Agenda Items 12 & 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. Unit A Unit B Number of bedrooms in the Short Term Rentals: 2 2 4-As 4-As Maximum number of guests permitted on the property after 11:00 pm: recommended recommended in condition in condition #17 #17 Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided on-site: 2 1* *If the STR CUP request is granted, the applicant will add enough parking surface to the existing driveway to make up for this deficiency. 1 s DoD a • D a D1 D Zoning History\-:), o # Request - 1 STR(Short Term Rental)Denied 07/07/2020 s`o` \9130�� RSD 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 Lakewood subdivision,which is a neighborhood composed of a mixture of housing types with a few scattered commercial uses. Nevertheless,the subject property lies within a block consisting primarily of single-family dwellings.This duplex lot sits approximately.4 miles from both the public beach of the Atlantic Ocean and the Virginia Beach Convention Center.The applicant's parking plan depicts four off-street parking spaces on the property; however, one space is deficient in width.As a result,the applicant is willing to add a small addition to the existing driveway to fully accommodate that substandard parking space. Recommended condition#3 was added to Joseph Layne Donovan Agenda Items 12 &13 Page 3 address this matter. In addition,the property lies within the boundary of the Residential Parking Permit Program (RPPP). Consequently,another condition is recommended that limits the parking permits issued to two resident passes for each unit;guest and temporary passes will not be allowed while the Conditional Use Permit is active.As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, all other requirements listed in Section 241.2 of the CZO 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; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 525 25th Street, Units A& B,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report.The proposed surface material type and placement shall be submitted to the Zoning Administrator for review within 60-days of the City Council public hearing. Once the Zoning Administrator's review is complete and a material type is approved,the driveway addition shall be placed within 90-days. In addition,a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 Joseph Layne Donovan Agenda Items 12 & 13 Page 4 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. 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. Joseph Layne Donovan Agenda Items 12 & 13 Page 5 Public Outreach Information Planning Commission • One letter of support was received by Staff related to this request after the conclusion of the Planning Commission public hearing. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021, and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28,2021. • 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 March 22,2021 • 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-cou nci I/Documents/BookmarkedAgenda.pdf on April 2,2021. Joseph Layne Donovan Agenda Items 12 & 13 Page 6 Site Layout & Parking Plan 50.00' _, o -v- -� I 8'VINYL FENCE 1 I 1 9' x 18' parking space a u: -I ° • 0 20 Proposed addition to I driveway (material type 6 W to be approved by the u 28.T Zoning Administrator) O �--°` � q� W U Z c W W ' c, 2 STORY i•, A/Cm ,°'o BRICK to ; DUPLEX NC RESIDENCE I: _ 11.d' #525 11•B' 1 I 4 Ot to I .. P 44t4c 1 Proposed 3-foot-wide 23' � driveway addition A 33' . ._. . . C:ity S:ideWal ►. . , 13th Street Joseph Layne Donovan Agenda Items 12 & 13 Page 7 Floor Plan 2 7' Unit B Kitchen lying Bath 4 Cn Bedroom Bedroom 2 7' 7 Bedroom Bedroom Ln Bath Living Kitchen Unit A 2 7' Floor plan submitted by the applicant's representative Joseph Layne Donovan Agenda Items 12 & 13 Page 8 Street Photo --•, is f > o, ---- -vi ,, ,,,,,:.illitotikr,,.. ,, _., . ti -_ _.,,,I,... „ .u...- _ -- kit111P ._� i _ .r e 0 I .c. III -' � 71 r.-'' ' P417114" 1 -1111 -- -:' a i 111. '-.`;1111§k " 'all* 525 13th Street Joseph Layne Donovan Agenda Items 12 & 13 Page 9 Site Photos L-�... I MI .d , ai 4 __/ `� * A . r r . •l I iI $t , — . ,a .. a, Joseph Layne Donovan Agenda Items 12 & 13 Page 10 Disclosure Statement Disclosure Statement Cut of V mow Besuh 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 ,, hr�,, Applicant Name lop -i L(a\ 1h.e_ n t()Va n Does the applicant have a representative? LJ Yes ❑No • If yes,list the name of the representative. POrl CO Ake, Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes L,l 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 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 Joseph Layne Donovan Agenda Items 12 & 13 Page 11 Disclosure Statement Disclosure Statement \113 r'r y o Onivad Reath Planning&Community Development 4 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? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterafaation,etc)or are they considering anyfinancing 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. 1\AOYA ovary- - ,ro�9h CC I ani aQ 2. Does the applirent have a real estate txoker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I7No • 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 0 No • If yes,identify the firm or individual providing the service. - � p hmesto Lei 1) (pig_ Q29) 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 0 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 0 No • If yes,identify the purchaser and purchaser's service providers. 71 Joseph Layne Donovan Agenda Items 12 & 13 Page 12 Disclosure Statement Disclosure Statement ''5,," 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 ❑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 ❑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?0 Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. /� t�s, ,( —'t - John �.,c(,�aresor'� \ \o �# )'�1QS, �IQ�tS\ Totp33 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. r� icantSignature J l.A\Yu OeirlbN1 AY\ — t3W '\L - Print Name and rrrtle ` Y 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 p No changes as of Date ;03-16-2021 ain't'''. W CWa4M,M%uef' PdntN• William Miller 3I Joseph Layne Donovan Agenda Items 12 & 13 Page 13 Disclosure Statement Disclosure Statement 'NB Planning&Conununity Development Owner Disclosure ...---"" Owner Name JU c1 ' .0\y\AG \, Dbv-10\lah Applicant Name SVt1 Yvt- OS ( V, Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes LYJ 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 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 El NO • If yes,what is the name of the official or employee and what is the nature of the interest? '"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 there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51 Joseph Layne Donovan Agenda Items 12 & 13 Page 14 Disclosure Statement Disclosure Statement 11/4B (vy ft'•yim:&,d, 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. mwi-60—est_ h► kt U ovl i GzQ 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? In Yes No • If yes,Identify the real estate broker/reactor. 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?InYes 0 No • If yes,identify the firm or individual providing the service. 1►� 14-(p Soh Os 1) to-vi ot23 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 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. 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?❑Yes 0 No • If yes,identify the construction contractor. 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?B Yes 0 No • If yes,identify the engineer/surveyor/agent. o Rr il) 1:11)1413V L1'1- £S-C t (5x\E) 61 Joseph Layne Donovan Agenda Items 12 & 13 Page 15 Disclosure Statement Disclosure Statement .M3 r,r of v.v.,. Planning&Community .."'"1"-mthyss‘ Development --- i f 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?Ei Yes 0 No • If yes,identify,the name of the attorney or firm providing legal services. �'1S"1\4q3- John �►di r S� Wof(t��- ,V-ivtr5,(�a 1 \ `u� Owner Signature I certify that all of the information contained in this Disdosure 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. J o%ph L&\) t corvo .r - DAVID/ Print Name and Title Opt/ 2o a Date 7I Joseph Layne Donovan Agenda Items 12 & 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. Joseph Layne Donovan Agenda Items 12& 13 Page 17 ZZOZ-SO-SO uo palepdn _r-�1 ( l i t'1--� 1 � .0 .� pa�asi6a� � ,r1 i irxpiii�.V�"Y nnaina� �apu�i 11F4Ab --"A ‘ ' panoiddy 0 —------ , ,--y--iv'lit . 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Items number 12 and 13 is the application of Joseph Layne Donovan, a Conditional Use Permit requests for a Short-Term Rental located at 525 13th Street for Anits A and B in the Beach District. The applicant is Arika Atkins. Ms. Atkins, please start your comments. Ms. Atkins: Good afternoon. My name is Erica Atkins and I am representing Joseph Layne Donovan's property located at 525 13th Street A and B. I have not received any complaints referencing this permit request. I have proactively reached out to Planning to stay informed of any emails or letters submitted with concerns, but again, there is no opposition on record at this point with them. A letter of recommendation has been submitted for reference in this properties file as far as I have been informed that is the only item currently on file. This property's location makes it a suitable short-term rental for vacationing families, and it fits with the neighborhood's oceanfront character. There are long-term tenants currently residing in these units at this time. The owner does have plans to renovate the property prior to utilizing it for Short-Term Rentals, in regards to the three foot driveway extension for the parking requirement, the owner has agreed to either pour a three foot addition in broom brushed concrete that matches the apron or install impervious surface. Either solution is acceptable to him, the current apron does not match the existing driveway due to the city replacing it. They poured a different color concrete than the existing driveway at the time of the replacement. Matching concrete poured decades ago is practically impossible as we all know. He is also agreed that if Planning decides on impervious surface, he will try to find an attractive way to meet that requirement. I just wanted to add that the owner is a 22-year real estate agent, primarily focused on properties in the surrounding oceanfront area. He also has over 15 years of short-term rental management experience, which should ease some concerns with any management related issues. Thank you for your time and consideration. Mr. Weiner: Thank you, ma'am. Any other speakers? Mr. Dao: Mr. Chair, there are no other speaker on this item. Mr. Weiner: Alright, Ms. Klein, comments? Ms. Klein: I have a question, what is to happen of the current long-term renters if the application is approved? Mr. Weiner: Ma'am, are you still online? 1 Ms. Atkins: I am.The current tenants do know that there,obviously there is an orange sign out in the front yard and the owner has spoken with them. He is not evicting them by any means, that is why it is not a huge rush to him for the permit. But, when they do exit, he does want to transition into the short-term rental and that is why he is acquiring the permit now. Mr. Weiner: Okay, any other questions for Ms. Atkins? Alright, thank you, Ms. Atkins. I will close this and open this up for us. Mr. Alcaraz. Mr. Alcaraz: Okay, thank you. Yeah, I did get a call that someone was been trying to get in, but I do not know what happened, it was an adjacent property owner. But, I did receive some emails I think all of you were on those emails. I did try and find some while we were on the virtual, I found two. I sent them to Mr. Donovan, I know Mr. Donovan personally. I did send them to him, I thought I had some more I just have time to find. I am hoping that you guys did see those and were you able to get those? But, again, with the calls I have received, and also the emails, and I fully understand the whole aspect of getting property, but it is the quiet enjoyment of the neighbors that concern me. One comment that was just said on the resolution that one of the speakers said, he hit the nail on the head. He said, if there is an issue, they will take care of it and then they will move on to the next. Well, that is what the adjacent property owner has to deal with. Yes, they move on to the next. So, with the opposition that I received by phone calls and I thought I had more emails that I think someone received them, I am not sure why the Staff did not get those. But, I am not going to be supporting it. But, however, I want you all to discuss it and we can go from there. Mr. Weiner: Any other comments? Anybody? No comments? Well, this one is hard for me, because I am sitting here looking- Mr. Horsley: I lost my connection. Mr. Redmond:David, we cannot hear you. Mr. Tajan: I am trying to get Mr. Wiener back up. Sorry. Mr. Weiner: Here we go. Are we good? Can you hear me now? Okay. I did not watch these buttons, these buttons are over here. Anyway, I am sitting here looking at this on Google Maps and this is a hard one for me, because it is right at the Beach, 13th i Street and Mediterranean. I understand this is in a neighborhood and we are trying to keep them out of neighborhoods. I am reluctant to agree with Mr. Alcaraz, but I am not going to support this and it is going to be hard for me to support this one. But, I would like to hear from other people going forward this is going to be a touchy area. Then want to hear what you all have to say. Anybody? Go ahead Whitney. Mr. Graham: Chairman Wiener, I will not be supporting it as well. Mr. Weiner: Okay, nobody wants to talk do we have a motion? 2 Mr. Coston: I have got another question. Mr. Weiner: Okay. Sure. Mr. Coston: Does Staff have any complaints of from Short-Term Rentals in the area? How many are in the area. Mr. Miller: We have not gotten any complaints for this particular address, as you can see on the map, which was updated rather recently, but those are the other ones that we know of. I have to actually look into the different streets to see what kind of complaints we have on all those different streets, to see if there is any short-term rental complaints. Mr. Coston: Okay, thank you. Mr. Weiner: Robyn. Ms. Klein: It looks like and Will please confirm this, that the one of the adjacent properties was denied a Short-Term Rental application also. Mr. Miller: It was and that was, Summer are you still on here? Because I think that was your case and I think you might have some better information on that, she might have left. Ms. Peebles: I am here, Will. Yes, you are correct. This one was actually Kevin Hershberger's from last year was Josetta Danner, and it was denied because they were operating prior to their Conditional Use Permit being approved. Adjacent property owners had complained about loud noises and there was a zoning complaint on that specific one, which is why it was denied because they were operating and there were also complaints. But, we do not have any on this address, at least within this block, none. At least none that are recent. I cannot speak for perhaps the entire area of this map, but at least for the immediately adjacent block this block we do not have any at this point. Mr. Miller: Thank you, Summer. I knew your memory was fantastic, thank you. Mr. Weiner: Alright, any other comments. Mr. Redmond. Mr. Redmond: I would be more comfortable if somebody could give me an actual reason for opposing this. I mean, other than to say somebody complained or this is sensitive that is the entire issue and it is a difficult issue. So, I am looking for a particular reason that this particular short-term rental is objectionable. I have not heard it yet, so, that is my view. Mr. Inman: Mr. Chairman. Mr. Weiner: Yes. 3 Mr. Inman: I understand what Dave is saying. I am looking at this, there is not a real proliferation of Short-Term Rentals in that area yet. It is an area that we seriously considering having an overlay by right, is it not? Mr. Weiner: It is out of the overlay by right. It is not in the OR or the RT district, that is why I was personally thinking that in my opinion, but anyway, go ahead Mike, I am sorry. Mr. Inman: Well, that is important, because I frankly did not realize that, okay. It is East of Mediterranean Avenue and that has been a sort of a criteria, but it is not the OR, it is not RT. Okay, so, that makes me think more about it. I mean, it is sort of in the resort area, I understand it is also a neighborhood, that's what makes it tough. If we are going to have Short-Term Rentals at all, you would think this particular property would qualify. I mean, that is the way I am looking at it and I do not see a really good reason to deny it. So, I would have to support it. Mr. Redmond: Per usual, Mike said it better than I do. Mr. Weiner: And, I am going to chime in again with Mike, and I am with you, I am sitting here looking at it on Google Maps and it looks like to me it would be a perfect place for a Short-Term Rental near the beach, but it is not being consistent and what we have been talking about, it is not in the areas where we want them. My personal opinion is I am going to be consistent with what we have been talking about. So, that's where I stand with that. Jack, did you have your hand up? Mr. Wall: I did, yeah. So, in terms of consistency, if it is in a neighborhood then is that what we are looking at. Maybe outside the overlay districts that are proposed at this point or is it, because I want to be consistent too and now I find a hard time finding a specific reason. So, I think a lot of the other ones that we looked at,we have had specific reasons for denial, I do not know about this one, I think that you do not see why see if it is an area where we have been denying them and that is one thing for set precedents, that is another, but that is my take on it. Mr. Weiner: Okay, Mr. Redmond. Mr. Redmond:Yeah, I am going to go back on what I said earlier, and beat the dead horse again, about that is why this stuff belongs in the ordinance, if you want to be consistent, then you write it into the laws. And, we do not think every time one of these things comes up, that we got to scratch our heads and try and figure out what we did the last time. And, I think Mike put it best, it looks to me like a short-term rental property. Folks, if there is more than one house on a street, it is a neighborhood, this idea that well, this is in a neighborhood, the entire city is a neighborhood. So, I mean, everything that we have discussed, the entire concept has been about neighborhoods, I cannot find anything unique or remarkable about this as a Short- Term Rental. It is in a neighborhood,they are all in neighborhoods.And, if we want to be consistent about things, then I think we ought to be as specific as we can in the ordinance about it and not have this conversation with every single application that comes up. So, anyway, I am going to support it and I sorry to beat the dead horse again. 4 Mr. Coston: My daughter stayed a block over in a Short-Term Rental last month and it does appear like there is more than a couple there.And, it looks like it fits the application to me, I would support it as well. Mr. Weiner: Is there someone who wants to make a motion. Mr. Alcaraz: I got one thing, Mr. Weiner. Mr. Weiner: Okay. Mr. Alcaraz: One thing that I just want to note again, I thought some of the opposition would be voicing their opinion. But, one comment was made I actually met one of the residents out there and just wanted you all know, they kind of called me on the spot. But, I was asked would I live next to a Short-Term Rental, I did not answer him I said something we think about. So, I just wanted you to know that question was asked would I live next to one. So, having said that I would like to make a motion. Mr. Weiner: Go ahead. Mr. Alcaraz: I like to make a motion that we deny the application, the Short-Term Rental. Mr. Weiner: I got a motion for denial. Do we have a second? Mr. Graham: I will second. Mr. Weiner: We got a motion by Mr. Alcaraz for denial, second by Mr. Graham. Okay, we are ready for vote. Ms. Coleman: 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: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: No. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. 5 Mr. Inman: No. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond: No. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: No. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of six for and four against agenda item number 12 and 13 have been recommended for denial. AYE 6 NAY 4 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston NAY Graham AYE Horsley AYE Inman NAY Klein AYE Oliver ABSENT Redmond NAY Wall NAY Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 525 25th Street, Units A & B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type and placement shall be submitted to the Zoning Administrator for review within 60-days of the City Council public hearing. Once the Zoning Administrator's review is complete and a material type is approved, the driveway addition shall be placed within 90-days. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 6 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 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. 7 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. 8 February 9, 2021 Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach, VA 23452 Dear Sir or Madam, I am writing to express my support for granting a CUP for the property located at 525 13th Street Units A & B at the Virginia Beach Oceanfront. The owner of this property, Layne Donovan, is one of my esteemed colleagues. Layne is a highly respected Realtor who exceeds the required professional standards a vacation property manager can provide. I have had the pleasure of working with Layne Donovan for the past fifteen years. Layne always took the time to share with me his knowledge and understanding of STR property management. I have since become the Atkinson Realty Vacation Rental Department manager, having benefited from Layne's mentorship and support. Because of Layne's knowledge and professionalism, I fully support his property to be approved for a CUP. I am confident that Mr. Donovan will manage his short-term rental properties with the same care, diligence, and professionalism he has always demonstrated. To this day, Layne is a mentor and great friend. I appreciate your time and consideration. Please let me know if you have any questions. Sincerely, Amber Parkes Apinti Atkinson Realty, Inc. Vacation Department Manager 757-428-4441 alsiy anpo poi 6upPed 091. 091. OZ I. 06 09 0C 91. 0 laad .1 6u!pIin8 6uiuoZ s iaaalS z/i. 11117Z 6017 suo6A,od—A1Jadoid y'. . 1. M oil `9('S3J a;!S r A N tail ---- - I. I..- "--- rik, 1 7\, ov la ,. 7.... ......-aa�s `d \ o 9£dz i�d ''1 .cl_ mo — Iiii\ 414 II Pzd ii ZIN; 4",- VIIV zI .t4) t‘ -----W Q, 00 - aas ogi A VN , .____ , - - -ik .lvz\fzi.,,-,, ____,,,:v II ,, H u �z v a5.m Alloo______-41 0 c z iv ' I\ , -\ t \-• ____ _______-- O ilk Illtio-k ,... „--1), ___------- ., �► a�S u� \ aa,AS �� iVi S f•i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CESJB, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 409 24 1/2 Street (GPIN 24270916610000). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 2,700 square foot parcel zoned A-12 Apartment District (Old Beach Overlay). The lot consists of one single-family home containing two bedrooms. 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; however, at the time of this writing, the applicant accepts 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. As of March 8, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This property is located within the Old Beach Overlay, which is a community consisting of an assortment of development types and uses. The subject property was developed in 1939 and sits approximately '/ miles from the public beach of the Atlantic Ocean. The applicant's parking plan illustrates two proposed on-site compacted gravel parking spaces. In addition, the applicant is willing to add a code compliant entryway apron on 24 1/2 Street. A recommended condition was added to address this matter. Furthermore, since parking access can only be granted from an improved right-of-way and the 10-foot alley is intended for southbound traffic only, another recommended condition is included requiring the placement of a hedgerow bordering the proposed driveway. The aim of the hedgerow is to dissuade vehicle operators whose intentions may be to park on the subject property, from entering the 10-foot alley in the wrong direction. This hedgerow will clearly delineate the extents of the alley and the private property. The applicant is agreeable to the placement of the hedgerow as depicted in the parking plan found in the Staff report. Another condition is recommended to address the existing compacted gravel currently on the subject property. This gravel is presently used in connection with the 10-foot alley, and until recently, continued onto the abutting CESJB, LLC Page 2 of 4 lot to the north. Since the northern lot is now under development, the alleyway gravel located on that lot was removed and a concrete driveway for the newly built single-family home will be poured in its place. Consequently, Staff feels that the area of gravel associated with the 10-foot alley on the subject lot may be confusing to motorists. Therefore, Staff recommends that it be removed. The applicant is agreeable to this condition. As permitted by Section 241 .2(1) of the City Zoning Ordinance (CZO), the Zoning Administrator approved the applicant's parking plan. In addition, all other requirements found in Section 241.2 of the CZO pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one letter of opposition received relating to this request. The author of this letter expressed concern relating to the number of Short Term Rentals on this block and their impacts to the tranquility of nearby residents due to behavioral spillover. Additionally, the author of the letter voiced their worry over neighbor policing of the property, especially late at night. • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 409 24 '/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. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24'A Street within 90-days of City Council approval. As illustrated on the parking plan included in the Staff report, this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report, a planted hedgerow shall be installed within 90-days of City Council approval. All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval. As illustrated in the parking plan included in the Staff report, this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. CESJB, LLC Page 3 of 4 6. 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. 7. 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). 8. 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. 9. 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. 10.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. 11.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. 12.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. CESJB, LLC Page 4 of 4 14.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. 15.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16.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. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.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. 19.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 Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6e7 City Manager: 41\11B Applicant and Property Owner CESJB, LLC Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District Beach 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation d Roa t-ask\h \f Street Approval 30th thsae A• Staff Planner a i ..�. 19th�pYeY'. ( t Zgthstreet William Miller ° l,th street ?7 2 l, 7th6 \1 swot tr `_ h' --lc:: Location zbth Stre:0_,.: zsm 409 24th Y2 Street A ,„4„, __ - lath sa°"' \ trees StreetGPIN rrZ4ihSlard24270916610000 'dS`eet s. 'dst` 22nd Street m -- Site Size -11hd%` rat Street 2,700 square feet o lUthHz\flomesree 1 ' t9th Street L -- 18th Street r Existing Land Use and Zoning District / Single-family dwelling/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts e . - North 11 ,, Single-family dwellings/A-12 Apartment (Old rz , Beach Overlay) ' South 24th 1/2 Street (alley) , V Single-family dwellings/A-12 Apartment (Old " - Beach Overlay) .. x East ' _ 10-foot alley £< Single-family dwellings/A-12 Apartment (Old `. __. P Beach Overlay) —• T West r 4;# Single-family dwellings/A-12 Apartment (Old 1 , Beach Overlay) } -''" i K :� CES1B, LLC Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,700 square foot lot is located within the A-12 Apartment District (Old Beach Overlay) and contains one single-family dwelling. • According to City records,this home was constructed in 1939. • Staff inspected the site on December 17, 2020 to observe site conditions and take photographs for this report. • According to the applicant's representative,the previous owners of the home have rented the house out on a short term basis for many years; however, they did not register the rental with the Commissioner of the Revenue. • The subject dwelling was constructed before on-site parking was mandatory; therefore, the property does not currently meet the off-street parking requirements for Short Term Rental use. Because of this,the applicant is willing to add a code compliant entry apron on 24%2 Street and a 9-foot wide by 36-foot long north/south oriented compacted gravel driveway. A recommended condition was added to address this matter. • On-street parking is not permitted on this portion of 24 %2 Street, nor is it permitted in the 10-foot alley. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts 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 ,j \c----fr cs L2. ‘rrtY:ii\I . V t � ' T Street-1)76e- to 1. • •T'J 1 -IV 0'1 ! t t' - l✓ OStreet , l ti-5 y' , ,l t �1� q %— STATUS• �23td• .:t t��i► % O Approred 7enietl 2"�:'0)1)) treii, . �lif 1 O Under nevieA ' 41110 (��- 0 Registered • ` 0010. ': S -S Current as of 03.05.2021 CESJB, LLC Agenda Item 15 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#18 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site:0 (2 are proposed—see parking plan on page 7) \r Zoning History I \ A A 4 3 # Request j11111:,,, 1 STR(Short Term Rental)Approved 06/23/2020 STR(Short Term Rental)Approved 06/23/2020 R- � ' ' �iv ,✓ �wHj1,sw•t 2 STR(Short Term Rental)Approved 06/23/2020 3 CUP(Bed and Breakfast)Approved 08/26/2003 4 STR(Short Term Rental)Approved 02/04/2020 5 CRZ(0-2 to R-5D)Approved 08/09/2011 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This property is located within the Old Beach Overlay and was partially included in the original subdivision plat created by the Virginia Beach Development Company in 1915 (it was later subdivided by deed). 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 east of Baltic Avenue, was developed in 1939, contains one single-family home, and is assigned to the A-12 Apartment Zoning District. Additionally,this home sits approximately% miles from the public beach of the Atlantic Ocean. The applicant's parking plan illustrates two proposed on-site compacted gravel parking spaces. Based on the specifics noted in the "Site Conditions and History" section of this Staff report, as well as recommended conditions 3, 4, and 5,the Parking plan was deemed acceptable by The Zoning Administrator as permitted by Section 241.2(1) of the City Zoning Ordinance (CZO). In addition, all other requirements found in Section 241.2 of the CZO pertaining to Short Term Rentals can be reasonably met by the applicant. CESJB, LLC Agenda Item 15 Page 3 As noted above,the applicant is willing to add a code compliant entry apron on 24%Street and a 9-foot wide by 36-foot long north/south oriented compacted gravel driveway to meet the parking requirements.A recommended condition was added to address this matter. Since parking access can only be granted from an improved right-of-way,and the 10-foot alley is intended for southbound traffic only,a recommended condition is included requiring the placement of a hedgerow bordering the proposed driveway.The aim of the hedgerow is to dissuade vehicle operators,whose intentions may be to park on the subject property,from entering the 10-foot alley in the wrong direction and to clearly delineate the extents of the alley and the private property. The applicant is agreeable to the placement of the hedgerow as depicted in the parking plan found in this Staff report. Another condition is also recommended addressing the existing compacted gravel currently on the subject property. This gravel is presently used in connection with the 10-foot alley,and until recently,continued onto the abutting lot to the north.Since the northern lot is now being developed,the alleyway gravel located on that lot was removed and a concrete driveway for the newly built single-family home will be poured in its place. Consequently,Staff feels that the area of gravel associated with the 10-foot alley on the subject lot may be confusing to motorists.Therefore,Staff recommends that it be removed.The applicant is agreeable to this condition. Based on the considerations 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 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 409 24%: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. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24%2 Street within 90- days of City Council approval.As illustrated on the parking plan included in the Staff report,this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report,a planted hedgerow shall be installed within 90-days of City Council approval.All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval.As illustrated in the parking plan included in the Staff report,this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. 6. 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. CESJB, LLC Agenda Item 15 Page 4 7. 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). 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. 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. 19. 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. CESJB, LLC Agenda Item 15 Page 5 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 • One letter of opposition was received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021, and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28, 2021. • 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 March 22, 2021 • 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 April 2,2021. CESJB, LLC Agenda Item 15 Page 6 Site Layout & Parking Plan 9'x 18'parking space 45• on compacted gravel «.° surface A Abutting lot/Single-family Driveway apron/Placed to ./ home under construction/ tm meet Public Works •* 410 410 25"Street m 409 24 Street zs�^St. Specifications and Standards ro See recommended condition#3 xr M▪O Removal of existing gravel _,M_ 'A - - • The developer of 410 25th See recommended + Street has removed all condition#5 1 I 2 gravel from this lot. This — will be part of the driveway for 410 25" Hedgerow u • Street o 10' ALLEY The developer of 410 25 See recommended condition#4 . �on ► m One Way Street will soon pave a portion of the 10-foot alley 2414 Arctic Avenue from 25th Street to the southern limits of the property addressed as 410 25th Street I ,� z�r . r � � r :u.e.e ' i st. S!F Under --� � • "' Construction .,. i F 0.4. 409 24/St. """"'° �; 41025thst. �, �y_ I.�aD„ 1 rill, . 1 1. s + I ! " ,w tAII , Proposed driveway Driveways ,� �� 1 •• '' . :ff 4),,,,, / ..„ 4h' .. . r. . - ----- -r- -. I + ,.a.., . "� DEVELOPER NOTES: =TY MD mime.roll no«1 One Way Signs - .mom�—,e.._.—_..—"......—. ;..:Trz,..--gz, =t Im_n_°_".!N_rox no"__ I Floor Plan CESJB, LLC Agenda Item 15 Page 7 i. Bedroom Bath Bedroom au:4 S 1.1 142.4v r . cri co r � r+ Family Room �* f ma _ 28.51 Floor plan of 409 24 %2 Street / Submitted by the applicant CESJB, LLC Agenda Item 15 Page 8 Site Photos • i ( 4 ` , ill ) '. liiltir, ---,le A Jo . . .1 ',,. .-, w- AkToill , ; „ 11 / K it 409 24 Y2 Street r -f --, - i 2:.,t7-1t,clu*O..Atill.' .'''' ili l H /i .• _ , _____ .., _ . _IIIIPII rop..._.. r 4,:. , ___ ___________ ffli i 1,114.,...,...4„,.._ 41044. ......._ _,!.,....., ,..cri . •-•-- ,,.. .._ CESJB, LLC Agenda Item 15 Page 9 Site Photos ,�?I , ray , A I ,L-7 r� I "_ dirt F f eft 'wr-iti .// t !f: �,r I. �f 7f le ,, 1 1� L '1i;, Driveway for new home next door (under construction -410 25th Street) __ .. 1"" 1 , L�' ...r.r4 y II I 7 , 1 1(#if' j _ '_ 1. E 4 .-� , , k1 ; f j v. Location of proposed driveway •x, CESJB, LLC Agenda Item 15 Page 10 Disclosure Statement Disclosure StatementNi/3 cyt4 1Yhq riu Bari: 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 CESJB,LLC,a Virginia limited liability company Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr,.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?1 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Christopher J.Ettel,Steven W.Bishard,and John Bishard,Members • 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. 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 ocher 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. 1I : CESJB, LLC Agenda (tern 15 Page 11 Disclosure Statement Disclosure Statement Cug zf Virpnia Beach 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 a 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 B 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 El 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 a 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 a 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 I No • If yes,identify the purchaser and purchaser's service providers. 2I CESJB, LLC Agenda Item 15 Page 12 Disclosure Statement Disclosure Statement AB c.o.wwVcvvia Reath . 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?0 Yes ® 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 0 No • If yes,identify the engineer/surveyor/agent. Eric Garner,WPL 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?II Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Harry R.Purkey,Jr.,Esq. 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 Christopher J. Ettel, Member Print Name and Title __._ _ aAr1v1.1J�y 7r 2�,2 Date Is the applicant also the owner of the subject property? Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(7}weeks prior to any Planning Commission and City Council meeting that pertain;to the applications l 0 "o changes as of Data 03-16-2021 Signature W 12Ua•v'/M i llet' _ PrhtNam•___ William Miller 31 CESJB, LLC Agenda Item 15 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. CESJB, LLC Agenda Item 15 Page 14 ZZOZ-SO-£0 uo palepdn r --r r 1 - ®l 1 r._ _ i — 1 paiaYsi6a • i� ainaa aapu� $ $ .— �1 _ t ZL pai .uaq a1' \ \ ---------- .1 - 1, 3. po C snidis aal�S- \lit , i''_ `v-r deal% \ 1\ Q , y --- ..-riSi 11 \ ---A.-- 1 .... 1,144Aii%\ ,, $ \.....) L • Z., 41 1 4 u�5' as a - �, ---3 .walliS \ Z 5 d--- -- '''\ _____A ,'',, oil l' a • _ __Aaa.1, \ct. .. /,2,04.' \ t,\r\'---0-1), -\ ,-7 ,,, ,� 0_ - ., II�aa1 _ ,a.aS4�4 \,_.,_. :2 e , , ii 133211S Z/I V? 6017 - all '81S3J d`VVV AlINIDIA HIS Item # 15 CESJB, LLC [Applicants & Property Owner] Conditional Use Permit (Short Term Rental) 409 24th '/2 Street February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wail: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. 1 Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 2 1. The following conditions shall only apply to the dwelling unit addressed as 409 24 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. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24 1/2 Street within 90-days of City Council approval. As illustrated on the parking plan included in the Staff report, this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report, a planted hedgerow shall be installed within 90-days of City Council approval. All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval. As illustrated in the parking plan included in the Staff report, this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. 6. 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. 7. 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). 8. 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. 9. 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. 10. 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 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. 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. 19. 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 From: nkp133033Caiaol.com To: branch.oliveromail.com;dredmondvboc(aicloud.com;dweinerCo batchelder-brick.com; oalcarazvbocCaicloud.com;horslev donCavahoo.com;ickwalR iaol.com;iohnhcostoragmail.com; mainman(ainmanstrickler.com;rkleinvbocc iicloud.com;wgrahamvboc(l�icloud.com;William N.Miller Subject: STR#15 Date: Wednesday,February 3,2021 1:52:10 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. Nancy K. Parker 513 23rd Street Virginia Beach, VA 23451 757.651 .4848 February 2, 2021 Ref: Short Term Rental 409 24 1/2 Street Dear Chair Weiner and Members of the Planning Commission: Once again you are asked to approve another short-term rental in a predominately residential setting. Even though three short-term rentals were approved June 2020 just north of this site by some of the same shareholders in CESJB, it still does not negate the fact short term rentals are business entities with compounding implications. These decisions need to be made from a macro as well as a micro basis as the impacts can be profound in the immediate area due to the absence of year-round neighbors and the potential for behavioral spill- overs. Commissioners George Alcaraz and Dee Oliver gave very compelling descriptions of these issues at your recent short-term rental workshop. There is nothing benign nor innocuous about these business ventures as they have lasting consequences. No one should have to make calls in the middle of the night to restore calm and a sense of civility and then have to wait for the "cavalry" to arrive. It is very easy for those that do not live in our affected neighborhoods to have a very different view of what constitutes quality-of-life when their tranquility is not impacted. It cannot be overstated, this area has undergone a long and arduous transformation over the past decades that encouraged year- round residential families to see these neighborhoods as worthy of their time, energy and commitment to make this their home. Each approval is another tear in the fabric of our community. Please protect our quality of life and our commitments to our communities which began years before the short-term rental invasion. Respectfully, Nancy K. Parker so cs 1 10, 1! , Nat, t ii\ i illiMP __ _ 0 ... I \ 1111111 \::—\ GIlk ____ 1k /'� li. 0 spi - 0 Ili R10 r vrem illro. to tti w a 5. - - 7 , toliR10 ___-- giVii i_Ft49 7 1_ ___Ri-o, - ci 1_, ,- .. \ fio \lei s .0 _ :-. soil _______ ______ . ,101 \, 01114 0; 1 , oil" . ,-, 0_ wig ______ 0 wi------ - w sow R10 00 -_ $ • 0, III i Icligiviall II �� r d, Site Albert & Enit Lulushi _W Property_Polygons 528 Vanderbilt Avenue s Zoning Feet I I Building 0 15 30 60 90 120 150 180 M`xu'4 It S V i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ALBERT & ENIT LULUSHI [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 528 Vanderbilt Avenue (GPIN 2426394440). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 5,000 square foot parcel zoned R-10 Residential District. The lot consists of one single-family home containing four bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or four spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is 12; however, at the time of this writing, the applicant accepts 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. As of March 8, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address; however, it does list a last documented STR stay of 121-180 days. • Considerations: This site is located within the Croatan subdivision, which primarily consists of single-family dwellings. The subject property sits approximately 400 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts all four required off-street parking spaces within the existing driveway, which meet the requirements of Section 241.2(1) the City Zoning Ordinance. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There was one speaker in opposition and six speakers in support of this request at the Planning Commission public hearing. The opposition was a neighbor who lives across the street from the proposed Short Term Rental property. Concerns expressed were related to the number of Short Term Rentals in Croatan and their perceived impacts on traffic, parking, noise, enforcement by neighbors, and worsening beach erosion due to its increased use. Ultimately, 10 letters of support, six letters of opposition, and two petitions of general support and opposition for Albert & Enit Lulushi Page 2 of 4 STRs in Croatan were received by Staff. Only the petition of opposition was provided to the Planning Commission because the petition of support was received after the February 10, 2021 public hearing had adjourned. • Recommendation: On February 10, 2021 , the Planning Commission passed a motion to recommend denial of this request by a vote of 9 to 1. 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 528 Vanderbilt Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 Albert & Enit Lulushi Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term 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 Letters of Support (10) Letters of Opposition (6) Petition of general support for STRs in Croatan (245 signatures on submittal date / 02-10-2021) Albert & Enit Lulushi Page 4of4 Petition of general opposition to STRs in Croatan (50 signatures on submittal date / 01-26-2021) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. *-7 Submitting Department/Agency: Planning Department City Manager: ,/' / / /� Applicants and Property Owners Albert & Enit Lulushi Agenda Item BPlanning Commission Public Hearing February 10, 2021 / City Council Election District Beach City,q 16 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation .-1 V Approval ---c" a a a) Staff Planner <�o . William Miller m� d e e Location 528 Vanderbilt Avenue GPIN uti.../ ...46...,., 0- ` _� 2426394440 G•*``•\''' nm• 1 .cowSite Size vet„,„00 (- ata; 5,000 square feet (\\ h6 A o 4. ( 1 Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-10 Residential . South �— r Single-family dwellings/ R-10 Residential xs - • �r East r w �. •' o rt.. Single-family dwellings/ R-10 Residential West - - "_'i alter^ Vanderbilt Avenue 51 " 1 - . r Single-family dwellings/ R-10 Residential L. —" m : Albert & Enit Lulushi Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • This 5,000 square foot lot is located within the R-10 Residential District and contains one single-family dwelling. • According to City records,this home was constructed in 1984. • Staff inspected the site on December 17, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted from 9:30am to 7pm daily, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street during those specified times. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepted 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 ?7 *44.1*** Att ftilly Ell UV', 414 .001 .015- 3350- a r • . room fbro eitS ,44151111:14. rari STATUS .� 1 t .(US,milt� • Approved O.\ 11..11-01 1,11701111 • Denied .� $11 -IPA � . Q Under Review',' � SASS IWO woo O Reg istered � 010011.0k tli=1� Updated as of 03.05.2021 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#15 Albert & Enit Lulushi Agenda Item 16 Page 2 • Number of parking spaces required (1 space per bedroom required):4 • Number of parking spaces provided on-site:4 1 � 1 CZoning History C # Request 1 STC(Street Closure)Approved 08/20/2019 R � � 2 STR(Short Term Rental)Approved 06/09/2020 3 STC(Street Closure)Approved 08/20/2019 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Croatan subdivision, which primarily consists of single-family dwellings. In fact, the neighborhood contains only three known lots with dwelling types other than single-family. In addition,the subject property sits approximately 400 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts all four required off-street parking spaces within the existing driveway,which meet the requirements of Section 241.2(1) the City Zoning Ordinance. Furthermore, all 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; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 528 Vanderbilt Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 Albert & Enit Lulushi Agenda Item 16 Page 3 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. 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 Albert&Enit Lulushi Agenda Item 16 Page 4 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.Ten letters of support and six letters of opposition has been received by Staff related to this request(one of the letters of opposition is from the Croatan STR Committee and one of the letters of support was received after the Planning Commission hearing). • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021, and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28, 2021. • 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 March 22,2021 • 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 April 2, 2021. Albert& Enit Lulushi Agenda Item 16 Page 5 Site Layout & Parking Plan — — — PL PL — — — — 6' WOODEN FENCE , 15' ALLEY PER V APPARENT UN£ or POSSESSION W " (-- MB 24 PG 37 ul o a• S R(14'15" E 50.00' (3.0. R0PER7Y LINE r L -` 0.5' IN PER REFERENCE /2 01 6� l0\ z� � � 9.8' `'7 �• • , — 11 .8' I / 28.3'� 2 c. ,� STORY w '^)/ FRAME ' e' 10.3' / HOUSE .C)NN /36 8-- 9 0 o4. i o 13 1i 2 i 4. 13 5 4 z 15' Vanderbilt Avenue Albert & Enit Lulushi Agenda Item 16 Page 6 Street Photo I ' inir,,...-z, 6. I t/.o *1.4 4 + ill rr! t• f L if it it e _ � I 4. . .. ,...... 4„ ..,„,„ ....., -.....- ., ,. ._.. . ,,,, .....„7„ , .. • . .....1, `IOIF., 3 « 528 Vanderbilt Avenue Albert & Enit Lulushi Agenda Item 16 Page 7 Site Photos IL ill gill fir. 1 0. _ s --,..4.-# C*41`rat '` . �r 4;f,R$0.�4 : ;� ` r Albert & Enit Lulushi Agenda Item 16 Page 8 Disclosure Statement Disclosure Statement \33 cup n?vag io$. 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 ALBERT LULUSHI Does the applicant have a representative? ❑Yes It No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 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 there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Albert & Enit Lulushi Agenda Item 16 Page 9 Disclosure Statement Disclosure Statement NA3 - _ at'°vw b,vt Planning&Conununity De eloprn sE--' Known Interest by Public Offidal 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? 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? III Yes ❑No • If yes,identify the financial institutions. US BANK MORTGAGE 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. ATKINSON REALTY(FOR LEASING AND MANAGEMENT) 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 El 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 Wi 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 fj No • If yes,identify the purchaser and purchaser's service providers. 21Pa,Lr Albert & Enit Lulushi Agenda Item 16 Page 10 Disclosure Statement Disclosure Statement 1/13 r„,4 egiio Beach 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?0 Yes t 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?0 YeS W NO • If yes,identify the engineer/surveyor/agent. B. 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?0 Yes RO 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. 1 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 ALBERT LULUSHI,OWNER Print Name and Title 11/70/2C20 Date Is the applicant also the owner of the subject property? kr, 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 dumps as af DiOi 03-16-2021 gimalure W IZU A,wt.M%llev Print Name William Miller 3IPage Albert & Enit Lulushi Agenda Item 16 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. Albert& Enit Lulushi Agenda Item 16 Page 12 STR VICINITY MAP ALBERT & ENIT LULUSHI - 528 VANDERBILT AVENUE / ... ,.. .•.g // ' $14b*1 Illw ion t----- ---------•, 1 IIIII \1.111.111.41.1."- 111001, ;•.� : I /IA!_3(70,11ii\isis Aiiiiii* Lrl .14_,\.111co 41111.14.16/ .',.. a'cv . --t irier•at R d_ co til -, ,,:4 .. ' - \ISIII.,\ \\SW - STATUS 1' flfrito... p-Aqua o WI Q Approved x4`L' , )i\ \\O\ f0�• Denied -- �r 4,esril 1`� 0 Under Review __, " oil�ti\w-mil,'%-flowti�0 Registered �� � � ��.� Updated on 03-05-2021 Item # 16 Albert & Enit Lulushi [Applicants & Property Owner] Conditional Use Permit (Short Term Rental) 528 Vanderbilt Avenue February 10, 2021 RECOMMENDED FOR DENIAL— HEARD Mr. Dao: The last item on today's agenda is the application of Albert and Enit Lulushi, for a Conditional Use Permit for Short-Term Rental located at 528 Vanderbilt Avenue in the Beach District. The applicant is Enit Lulushi. Ms. Lulushi, please start your comments. You have up to 10 minutes. Mr. Tajan: I am sorry, Ms. Lulushi, if you can hold on one second. Just to be clear the motion failed on a vote of three for and seven against. And, I guess I just want to be sure, Ms. Wilson we do not have to vote again, right. It is just the denial recommendation because of the failed motion for approval. Ms. Wilson: It should it be seven to three, we only have 10 members. I figured the Math question out. Mr. Tajan: Just to be cleared for the record, it was three for, seven against, the motion failed, which is a recommendation for denial. Okay. Mr. Weiner: Ms. Lulushi, I am sorry. Go ahead and please go with your comments, thank you. Ms. Lulushi: Thank you Planning Commissioner, this is Enit Lulushi applying for 528 Vanderbilt Avenue. Thank you for taking time to listen to our application, it is much appreciated to be able to apply for a CUP, made even harder with these virtual meetings now. My husband apologizes; he could not be here due to a looming deadline at work. Mr. Miller and the Staff, we have no words to express our gratitude for your professionalism and dedication about work during these four long months, thank you for your help. When were looking to buy this house in summer of 2020, we had already been an enthusiastic Croatan homeowner since 2003, seven years, and summer vacationers since late 20th century. The first time we heard of Croatan was from Atkinson Realty, who currently has a property while renting a house in the North End. So, I believe Croatan Oceanfront home at the time and we immediately under appeal once we stayed there, filling them with a neighborhood and neighbors in a tiny quiet public beach with lifeguards rules and regulations. We knew right there and then this is where we want our second home- roots. This is since,the definition of summer at the beach for us. It is the only beach our kids know, our primary residence is in Northern Virginia, and most DC suburbanites indeed consider Delaware and Maryland beaches due to proximity, but a big shout out to the City of Virginia Beach for having one of the most amazing family friendly boardwalks and the most beautiful and vibrant tourist destination 1 sitting in the Middle Atlantic with a rich history to boot. I have this feeling that we do not want to ever leave this town. So, I have a long list here of why we love Virginia Beach and Croatan, but I understand time is of the essence, so I am going to skip those except for saying there are a lot of things that we love in Virginia Beach, but Croatan is the jewel of our heart. We love the neighborhood, we love our neighbors, and so far, we have been enthusiastic Croatan Civic League supporters. What that means is not only do we pay a voluntary membership fee, but we also occasionally donate to the police and safety fund. So, they hire a cop to patrol our streets. We made countless friends here among full time residents and second homeowners with whom we enjoy summers at the beach. Our children's learned to ride their bikes on Vanderbilt Avenue and Croatan,and surfed with Croatan kids. Our son's middle school science fair project in 2010 was about the Croatan jetty and their ocean,all ready for the Army Corps of Engineers school. We have enjoyed Fourth of July parties here at the Virginia Dare cul-de-sac with face paint, fireworks, parades, free endless margaritas, for adults only I believe, where our kids even won a purple peanut, Easter egg hunt, national night out, you name it, we are ourselves part of a Croatan community and I visit emotionally to see it thrive and flourish. Basically, that was a very long way of saying that we do care about and are not just financially but most importantly emotionally invested in Croatan and the whole of Virginia Beach. All this is part of our life and we are committed to preserve the image of Virginia Beach and specifically Croatan as a beautiful vacation place for families.We are committed to having families vacation here, being impressed with Croatan and Virginia Beach,and ultimately like us, buy their own second home here. And, our guest too, which you can see in the packet from their letters, they did plan our first home and they bought a new house here. The good vacation home in Croatan and I will never ever call or consider it a business. It is just a vacation home, it is a great asset to Croatan, it is a great asset to Virginia Beach at large. You have nothing to be afraid o,f decent hard working family,your kids here year after year and having(inaudible 02:04:24) retiring home roots here when the time comes and we are committed to respect the quiet residential nature of the neighborhood and our neighbors right to peaceful enjoyment of their property. But, by living here we got a better understanding on what exactly we needed and wanted in a Beach. Slowly a sufficient number of bedrooms and bathrooms,decks and preferably more ocean views. Really,we are looking for a grandfathered property to buy. However, by the time we got ourselves preapproved for financing, yes, we do have a mortgage, and as we found out it is not as easy as it was before 2008, to prequalify any and all grandfathered properties in Croatan in our price range means magically disappeared from the market at full price or higher, even though they are not necessarily in a turnkey condition. Our home on 528 Vanderbilt was never rented and it is not grandfathered property. It is a beautiful home, we love it, it works perfectly for us as a second home and later will be our retirement home. It does have indeed all of the things that you are looking for in a house. But, it has stayed in the market for more than eight months because it was not a grandfathered property. And, we gather a great deal from the sellers who are selling it for a considerably lower price 2 than what they paid 15 years ago. We did not think that the house was not being grandfathered would be an issue or give us headaches in any way. When we put the contract in means, the proposal on the city website had Croatan or at least the three streets closest to the ocean as part of the overlay district. Having been here forever essentially, we know how Croatan has always been a healthy mix of vacation second homes that are rented weekly in summer as well as fulltime residences and that the overlay sounded perfectly reasonable and the most natural thing to us. What is the difference anyway between North End and Croatan, you guys tell me. Of course, we thought it made perfect sense, all Croatan homes on Vanderbilt,Surfside,and Safford and three streets with less than a five minute walk from the beach should be allowed to be STRs. Literally, the beach is so close to the streets and residents park on our streets and walk to the beachfront as well. And, no normal home insurance by the way will insure these homes either because they are too close to the ocean.And, because of the neighborhood dynamics,there will always be fulltime residents as well as second homeowners. As a matter of fact, comparing with 2003, fulltime homeownership here has increased considerably. There is zero chance this becomes Airbnb hotspot, we are all ferociously and equally committed to keep this neighborhood as the ultimate definition of an upscale residential neighborhood. Regardless to how long we reside here during the year, by mid-August, when we closed our house, that overlay proposal for Croatan had magically disappeared from the city proposal. And, now we will have to apply for a CUP and we said what's the big deal, we check the requirements. We have five parking spots for a four bedroom house. And, there is a CUP process that allows us to apply. So, everybody so far has the right to apply for CUP, a Conditional Use Permit. It is a certainly long, not only until a bit more than a year ago, it was perfectly legal to rent short-term. So, our rights recently shrank a bit, now we do not have the right to rent short-term, but we do have the rights to apply for a CUP. But, now we risk losing them entirely, if these new changes you do get approved.We are concerned with where this is going and about losing a right that only a short year ago was universal in the city. And, indeed we do support universal by right STR rights for homeowners of the whole Virginia Beach, but specifically for Croatan, which is a beachfront vacation neighborhood. That is really the main reason we want to be able legally to rent short-term. If we so desire, we strongly believe it is a national right, some call it the homeowners panel of right that comes with homeownership, even more so with a property so close to the beach in a neighborhood that historically and continually has been a vacation neighborhood and that has been built by surfers as such. We see a little support from neighbors about the history. Second,we do not want our home empty for long continuous periods of time.Third,flexibility is also something we need and we would not get with longer term rentals. Be able to visit our home at least monthly for the rest of the year. That is what we need. Thus, we shall not run a full year STR operation here, week in and week out just a few weeks. Our schedules are such that we can come for a weekend or for longer periods of time on a whim and at a short notice, handing the keys to someone for long extended periods of time would deprive us from enjoying our own property. We have owned the house for 3 six months they have been visiting at least once per month except for and in long- term. Our renting we have it rented with a very long term lease over three months and we did have two leases of 31 days or more. We are registered with the Commissioner of Revenue for transit and lodging taxes and just renew for 2020. Mr. Weiner: Ma'am, thank you very much for your comments. You are out of time. Does anybody have any questions? Nope. Okay. Speakers? Mr. Dao: Mr. Chair, we have eight speakers signed up for this item. The first speaker is John Mannarino, followed by Christopher Sprauer. Mr. Mannarino, please start your comments. Mr. Mannarino: Good afternoon. This is Captain Mannarino, thank you for the opportunity to respond to Ms. Lulushi's application, I am in opposition to this application. You have before you my registered letters of opposition, indicating why I do not want this property be considered a short-term rental. I really do not want to spend the time to repeat what I already wrote in the letters. You know, the instances of traffic problems, parking problems, ingress and egress issues because Croatan is single in and single out, and of course the beach. The beach, which has not been extended or restored in accordance with the Moffatt and Nichol study still remains an issue for the residents of Croatan by adding additional short-term residences to Croatan and for Vanderbilt, there are at least 16 properties on each street, and at least another 10 on Surfside, you got that spreadsheet from our short-term rental committee as part of the Civic League, of which I am a member and also a board member, but I am speaking for myself. I have also had a negative experience with the property adjacent to me, I live at 525, 519 has been a rental property both short and long-term and that property has been problematic. In fact, the first time we moved here 519, hosted college beach weekend and the property owner at the time of 519, assured us that it was rented by responsible people. But, the after party ensued and the police were called because at 4 am there were disturbances ongoing. As far as it being a long-term property 519, is also experienced an odd mix of individuals renting the property, including people who caused $15,000 in damage for the new owner of the property, who also owns three additional properties in Croatan. Now, of course that is 519, for 528, we have observed that that property has been rented for a while. But in fact, those renters were quiet and did not seem to create any problem, but that property was also vacant for a good portion of the year, as are many properties in Croatan that are considered vacation homes. So, the onus is on us to monitor the property to ensure that there is nothing untoward going on and also to register any complaints with the city. When you do that you always risk retaliation in doing so. For 528, our concern is simply this. It is a smaller property, it has only four parking spaces, it does have on street parking, which is limited, but often that on street parking is taken up by surfers as well as during the season beach goers. It is problematic when you walk down the street, where there are no sidewalks and you have people orbiting the block during the summer looking for spaces. It is also a challenge to leave my driveway. So, in fact, if we look at all the properties that I am surrounded with, that are Short-Term 4 Rentals or potentially Short-Term Rentals,there is not any issue here with whether or not it is suitable, because you know, as well as I do, what Croatan is zoned for, it is zoned medium density residential. Mr. Weiner: Sir, thank you for your comments. Do we have any questions? No questions. Okay, next speaker please. Mr. Dao: The next speaker is Christopher Sprauer, followed by Jane Perello. Mr. Sprauer, please begin your comments. We move on to next speaker Jane Perello, followed by Amber Parker. Ms. Perello, please start your comments. Ms. Perello, please start your comments. We will move on to the next speaker,Amber Parker followed by Claire Yoder. Ms. Parker, please start your comments. We will move on to the next speaker Claire Yoder, followed by Paige Miyares. Ms. Yoder, please start your comment. Ms. Yoder: This is Claire Yoder. Can you all hear me? Mr. Dao: Yes, ma'am. Please start your comments. Ms. Yoder: Great, I live at 622 Vanderbilt Avenue, and more recently purchased 624, South Atlantic. I have been in Croatan for 15 years, I do not rent properties, I do not have plans to rent properties. I am not testifying on behalf of the Lulushi's because I have a vested interest in the Short-Term Rental. I am testifying on behalf of them and for the Short-Term Rental for the Lulushi's because I feel very strongly that Croatan has a community vibe and a community character of a mix of people. My husband Eric and I are just the kind of people who like that sort of community. We did not want a gated community, we did not want I do not know how to say, just highly wealthy kind of country club, I do not know, and Croatan appealed to us. I think that I know the character of the neighborhood and I think Short-Term Rentals fit into it, I think that we have one right across from us, we have two beside on either side of us.We have enjoyed the people who come and I know it sounds odd. But, we just really feel it as part of the community to be near a beach like this and see families come and enjoy as we did when we were younger. So, that is it, I just think the Lulushi's are good people, they are going to be very responsible. I know, they have worked very, very hard on this.And, I understand some neighbors have had some bad experiences, I feel bad for them. But again,we at the Civic League, I used to be on the board of the Civic League, are working on and really needs to do a lot more to help with the enforcement that already exists on a few of these properties. That said, I do support limiting them to the extent of maybe the three streets that are close to the ocean, because if you get an 80% mix, I do not know if that would ever happen, but, I think you can be overwhelmed by them. But, at this point, we have actually sold quite a few Short-Term Rentals, they have been transferred back into primary homes, and we are at the same stable number that we were at two or three years ago. So, I track these things and that is my comment. Thank you for listening. Mr. Dao: Thank you, ma'am. The next speaker is Paige Miyares. 5 Mr. Weiner: Excuse me one second. I am getting a text that people are trying to get through and they are not being able to, the people we have you called and said they were not there. They are not being able to hook to get online. Mr. Dao: Yeah. They were on, but they got disconnected. Mr. Weiner: Okay. Mr. Dao: If they sign in back on, we can call them back we can do that. Mr. Weiner: Okay. Mr. Dao: The next speaker is Paige Miyares, followed by Dana Sampson. Ms. Miyares, please start your comments. Ms. Miyares: Thank you. I am speaking on behalf of the Lulushi's, they have engaged with us to manage the property assuming that the CUP is approved, they have not rented it previous to this. And, they are waiting to do things the right way and get their approval. Croatan has been a historically a vacation rental spot and I think the thing to note for you and I would ask the Commissioners is that the new ordinance has not been passed, we do not know what it will look like when it is passed. You guys do not know if they will make changes to it as far as the streets in Croatan or other things and you certainly do not know when it will be passed. So,the request is that you look at this application on merits today, based on the ordinance that we have today. So,that would be the first thing.The other thing and this kind of relates back to the gentleman's comments earlier, the Croatan beach is an asset of the City of Virginia Beach, it is an asset of all the citizens, it is not owned by Croatan or their citizens. If they would like to purchase it from the City of Virginia Beach, perhaps then they can speak about it as if they do own it. But, they do not. It is an asset and it should be leveraged for all of the citizens of Virginia Beach including using it to attract tourists to our area to spend their tourist dollars. So, I would ask you to consider those two things as you look at this at this application. This is a great application, Ms. Lulushi they have been very responsible hosts and landlords, and as you heard her say that she uses it quite often herself and plans to retire there. So, I asked that you would consider this I ask that you that you would pass it, that you would approve that. It is a model place for our vacationers to come and visit our beautiful city and enjoy our beach as citizens of Virginia Beach. Thank you. Mr. Dao: Thank you, ma'am. The next speaker is Dana Sampson, followed by Kendall Maynard. Ms. Sampson, please start your comments. Ms. Sampson:Thank you so much. I just wanted to speak on behalf of or in support of Enit's request for the CUP, Enit's home in Croatan is in one of our oceanfront area neighborhoods where homes have been used as Vacation Rentals for many years. She has made this home safe and available to visiting families to enjoy their beach vacation and has followed all the necessary requirements of the existing ordinance. I in general support all applications, excuse me, in principle, based on 6 the belief that we have that it is a natural right of a homeowner to rent their house short-term, long-term, however, they decide as long as they comply with the City Ordinances. As such, I am in support of Enit's CUP application and ask for a favorable recommendation from Planning. Thanks so much for your time. Mr. Dao: Thank you, ma'am. Our next speaker is Kendall Maynard,followed by Christopher Sprauer. Ms. Maynard. Please start your comments. Ms. Maynard: Hi,this is Kendall Maynard. I am a long-term and short-term operator in North End, and I fully support this type of STR in Croatan at 528 Vanderbilt and the Lulushi's have done everything required of them. I have done a North End STR for 35 years, and I believe that it is the homeowners right and natural right as well. The opposition unfortunately had a bad experience. That happens everywhere, whether it is long-term or short-term or even in your own home sometimes. So, that has to be taken into account. The STR operators who serve guests and maintain these properties are extremely conscientious and are abiding by all these requirements for contracts per week and parking. This looks like a beautiful home to have as your next vacation for your own family with a great location close to the beach.The likely guests will be families that do not cause any of the alleged issues that are being discussed. No more traffic than normal with a family that owns the property, no more noise or litter. Most STR operators track the deposit, so, if there is anything needed, the deposit will take care of it or as Atkinson has said, a lot of times they charge an extra insurance policy. But, we do not even want to get to those problems, we screen families heavily before we even allow them to rent, long-term or short-term. Most families are very conscientious and well behaved. I have not had a problem in 35 years, the very small problems I have had I have taken care of with the help of my real estate company. I believe Atkinson's a great real estate company will help the city to have a great STR location for families to come visit.There should be no concerns for this lovely family oriented STR. Please vote for this STR, the Lulushi's are very responsible. As David Redmond said earlier, the entire city is a neighborhood there is a serious organic need for STR housing in the city. And, as pointed out by our previous speaker, several STRs have gone back to the homeowners living in them,while some STRs are applying. So,there is a natural attrition rate that is going on that I do not think has even been considered by the Planning Commission. So, I fully support STRs by right and right of the property owner. And, I believe this would be a great asset for the city and for Croatan. Thank you. Mr. Weiner: Mr. Redmond, go ahead. Do you have a question? Mr. Redmond:Yeah, I just want to clarify. This last speaker mentioned some of my comments, I want to clarify the comment I was making earlier with regard to the organic need for housing was for a primary residences and specifically in regards to a multifamily application that we considered earlier. So, I do not want my words to be misconstrued or to be misinterpreted in any way. Thanks. Mr. Weiner: Thank you, sir. Hoa, any more speakers? 7 Mr. Dao: The next speaker is Christopher Sprauer, followed by Jane Perello. Mr. Sprauer, please start your comment. Mr. Sprauer: Yes, I am just trying to speak in favor of her Conditional Use Permit as a homeowner in Croatan Beach, on Surfside. There is this ongoing debate inside of Croatan with the Civic League and everyone else as far as what to do with the Short-Term Rentals from speaking for many of the neighbors walking around, seems like you get a very mixed reaction, but my take is that it is the homeowners right and inherit right to do what their property they see fit based on what the current laws are at the time and under the current recommendations without the STR overlay being ratified one way or the other. It should be her right to do with her property as she sees fit. That is why her Conditional Use Permit should be considered until the City Council comes down with some guidance one way or the other long-term as to what to do. So, I will forego the rest of my time, and that is just my take on it. Thank you. Mr. Dao: Thank you, sir. The next speaker is Jane Perello, followed by Amber Parker. Ms. Perello, please start your comments. Ms. Perello, Please start your comments. We will move on to the next speaker, Amber Parker. Ms. Parker, please start your comments. Ms. Parker: Hi, can everyone hear me? Mr. Dao: Yes, ma'am. Please start your comments. Ms. Parker: Hi, my name is Amber Parker. Thank you for having me. I am the Vacation Department Manager at Atkinson Realty and I have worked for Atkinson Realty and the Vacation Department for 15 years. We are in support of the CUP for the property located at 528 Vanderbilt Avenue. We maintain the properties year round. We are in constant contact with our owners, our tenants, we meet them every Saturday when the guest checks in, they come in we see them in person. We address any issues that they may have when they get here, what the check in procedure, checkout procedure is, somebody from our staff goes in every week to make sure everything is okay. We have worked with the Lulushi's for years. We manage one of their properties as well as several other owners in the Croatan neighborhood and we do our best to make sure everything, there is just families they have a good time on vacation. They do not disturb anybody. They get along well with a lot of the neighbors, some of the people that have come back year after year are actually friends with a lot of the families in Croatan. And, just we strive to be professional, we give excellent service to make sure everybody has a great time, and we have on call staff 24/7, so, if anybody has any issues or if there is any problems, there is somebody. We all live here and we address the problems directly and we are available 24/7. So, I believe that Enit has done everything to check all the boxes and the CUP should be approved and professionally managed. We are happy to do that for her with Atkinson Realty. 8 Mr. Dao: Thank you ma'am. Caller 21, can you please identify yourself? Caller 21. We will try Jane Perello one more time. Ms. Perello,are you there?That is all the speakers we have. Mr. Weiner: That is all the speakers. Okay. Ms. Lulushi so you have any other comments that you would like to make? Ms. Lulushi: Yes, I would like to make comments to your response to Mr. Mannarino, who is a neighbor that we have met and we laugh together with his spouse. We naturally do not condone any unfortunate and disorderly events that may or may not have happened in Croatan, and that certainly were not caused by us or by our guests. We intend to assure all our neighbors and relieve them from their anxieties as long or at least as our property in our case is that we are meant to be part of the solution and not the problem in Croatan. First of all, this is all anecdotal or very long time ago experience or example that he gave. I do find it very telling and encouraging in a way that two family members in their letter among them Mr. Mannarino to work hard and drive deep in their joint memory lanes, at least five years back, because when he moved in. So, I did calculate the time backwards and this unfortunate and this horrible event must have happened around 2015. So, why I find this encouraging is because(inaudible 02:29:41)find on the ground,then maybe these are not as frequent as we are led to believe and we intend indeed to just rent to families, families only multigenerational kids. The other issue I wanted to address is because we rent to the families and because we do have four parking spots which the Staff already approved that is sufficient parking for our permit. We do have an exact guest space,we literally have five parking spaces for this house and we do not think we will ever have to work more than two or three cars parked in our driveway. Just think a little bit. They want to lease their personal property, their car with street parking,when they have dedicated parking in the property that they are renting with five parking spaces in it. There is no reason our guests would be doing that. So, it kind of defies logic actually to use that as an excuse. The other thing is people come for vacation at the beach,they do not go around finding some parking spots. They sit there in their house have breakfast and sit at the beach, they do not cause additional traffic in Croatan. They do not cause the erosion in Croatan. Like Paige also emphasized,this is a public beach and it is really regretful that these about who gets to sit on the beach in Croatan beachfront. I have a house there, are you guys telling me that I cannot have my guests sit on the beach or are you telling me, yes, you may have your brother sit there, but you may not get money for anybody in your house. And, therefore he should not be sitting there, so, where do you guys draw this line on this? And, there are a lot of exclusive properties with beachfront, they are in the Hamptons, they are in Malibu, Martha's Vineyard. I do not know. Maybe in order to live in an exclusive neighborhood like this and buy a home there. But, I love the public beach of Virginia Beach. I do love it, I do love the lifeguards, I do love how you guys have rules and regulations. No place on the beach 10 to 4 or 10 to 6, whatever that is during summer days. Everything is open to all public and what makes people seem that my guests who are on the beach more than the public parking lots guests of Croatan. Everybody 9 is entitled, they park in the parking lot, they can use the beach, it is a free public beach. I do not understand this. The other issue is that in one of our letters, one of our neighbors says that we did not address their concerns. It is not true at all, you have it in your packets in front of you. We went the extra mile to contact everybody. We contact with everybody verbally, we gave them our contacts. We let them know our intentions. We try to ensure them for their anxieties that we do not intend to let rowdy people and non-related parties. No college students, no people under 25. Mr. Weiner: Ma'am, thank you for your comments, I appreciate that. Does anybody have any questions for Ms. Lulushi? Questions, no. Alright, and that is all the speakers. Mr. Dao: Yes, sir. That is all the speakers we have on this item. Mr. Weiner: Okay. We will close this and open it up for discussion. Mr. Alcaraz. Mr. Alcaraz: I am open to hear some other comments, but I guess I will get started. I hear Ms. Lulushi's comments, I hear her by right, I hear supporters by right. I fully agree. And, I guess on my lap is the concern that and I heard one of the speakers said it is a principle thing. But, yeah, it is and I fully understand. But, what concerns me is the reality of what is happening. And, like I said one of the speakers hit the nail on the head when he was expressing his viewpoint. Sorry,there is a lot of feedback I do not know what that is. But anyway, he had mentioned that when there is issue, they will take care of it, they will fix it and they will move on to the next. And, that is exactly what happens to some of these. I am not saying all of them. And, then the bottom line it all comes down to management. Management is where it comes down and, of course, we do not have a history of management on these. We are not supposed to have a history of management. We are not supposed to have history of incidents because they are not supposed to be operational. But, my concern is, this subdivision with the Civic League has voiced their concern, it is 100 plus is what I have heard from, I know we have heard for some support. I am sorry, there is a lot of noise. Can you guys hear me? But anyway, I just want to make sure that the reason I cannot support this is because I am on the side of the Civic League, the majority of the Civic League, I am on the side of not turning this in to what they call a commercial rental area. I fully agree with long-term rentals out there. I think in the past years, when I was growing up, my family rented out there.So, but that is what I have to say right now with rentals and short-term aspect in Croatan. Mr. Weiner: Alright, thank you, sir. Any other comments. Somebody? Mr. Inman: I will go. Mr. Weiner: Okay. Mr. Inman: I certainly agree with George. Croatan it has grown into more of a neighborhood, I think over the years than maybe it was years ago. And, people who have bought there, have invested significant sum of money in their homes with an expectation 10 of some peace and solitude. Yes, it is a public beach that is not the point of this. There is plenty of people has been said utilizing the public beach by parking in the public streets in Croatan, which they have a right to do. So, it is a public beach and is being used as a public beach, it does not mean that the neighborhood has to devote itself or allow members of the community to create mini hotels. And, part of the problem in Croatan and Short-Term Rentals is in fact the number of people that can be housed in one dwelling. So, it is just and there are a number of Short- Term Rentals in Croatan and there is plenty right now. I cannot support this application. Mr. Weiner: Thank you, Mr. Inman. Anybody else? Mr. Coston: Yes, as I listened to one of the speakers on the behalf of the applicant, who talked about dealing with issues as they are right now and I know sometimes we look down the road and wonder what might happen. So, whether these things should be approved or not approved based on what will or might happen.And, I think right now, we should probably deal with the ordinance as it is. I agree with that concept, I do not think that we should look to what might happen or what will happen. And, I am going to support it. I think there was plenty of support there. And, it is one of the safest communities in Virginia Beach, Virginia. I mean, there is nothing any safer than Croatan if you know the history. So, that is my comment, thank you. Mr. Weiner: Thank you, sir. Any other comments? Well, you all know where I am. I am going to be consistent with what we have been putting off for the last couple months and today. So, do we have a motion? George? Mr. Alcaraz: Yeah, I am going to have to make a motion that we deny the application. Mr. Weiner: Alright, do we have a second? Mr. Wall: I will second. Mr. Weiner: Alright, we have a motion by Mr. Alcaraz for denial and second by Mr. Wall. We are ready for vote. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: No. Ms. Coleman: Mr. Graham. 11 Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Thank you. Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair, Wall. Mr. Wall: Aye. Ms. Coleman: And, Chair Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of nine for and one against agenda item number 16 has been recommended for denial. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston NAY Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 528 Vanderbilt Avenue, and the Short Term Rental use shall only occur in the principal structure. 12 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 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 maybe 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: rime rod, To: Valium N Maier Cc: l oitl Subject: STR 528 Vander5it we support CUP app Date: Friday,January 8,20214:09:39 PM i CAUTION:This email originated from outside of the an of Virginia Beach.Do not dick finks or open attachments unless you recognize the sender and know the content is safe. To:Virginia Beach Zoning We reside at 622 Vanderbilt Ay in Croatan. We have been made aware of and support Albert and Enit Lulushi's pending application for an STR CUP at their home at 528 Vanderbilt Aye, The Lulushi's are responsible neighbors.We are confident they will manage any issues in a timely way.They have shared their email and phone so that we can contact them anytime.They have lived here quite a long time and are one of our Croatan friends with a second home.Please grant the CUP We can be contacted at 214-762-9639 Thank you, Claire and Eric Yoder Claire From: Lai To: William N.Miller Subject: Fwd:STR application for Virginia Beach Date: Wednesday,January 13,2021 3:00:28 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Miller, Please see forwarded below the letter from our neighbors,the De Angelos at 519 Vanderbilt Ave. Thank you Enit Lulushi Forwarded message From: Andrea D'Angelo <andreafdangelo@.gmail.com> Date: Sun, Jan 3, 2021 at 11:39 AM Subject: re: STR application for Virginia Beach To: Enit L <enitkaduku@gmail.com> TO: Virginia Beach Zoning We are the owners of 519 Vanderbilt Avenue, Virginia Beach, VA. 23451. We have been made aware of and support Albert Lulushi's pending application for an STR CUP at his second home at 528 Vanderbilt Avenue. We can be contacted at 609-658-8421 if necessary. Andrea and William D'Angelo andreafdangelo@gmail.com From: ni L To: William N.Miller Subject: Fwd:Merry Christmas Date: Wednesday,January 13,2021 3:04:43 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Miller, Please see forwarded below the letter from our neighbors, Mr. Phil Nash at 705 S Atlantic Ave. Thanks Enit Lulushi. Thank you Enit Lulushi Forwarded message From: Phil Nash <nsonicquest@aol.com> Date: Wed, Jan 6, 2021 at 6:47 AM Subject: Re: Merry Christmas To: Enit L <enitkaduku a gmail.com> Sent from my iPhone To: Virginia Beach Zoning We reside at 705 S Atlantic Ave. We have known Albert and Enit Lulushi for several years, and we support their pending application for an STR CUP at their second home at 528 Vanderbilt Ave, We can be contacted at 757-681-9341 if necessary. Phil Nash On Fri, Dec 25,2020 at 12:34 PM Phil Nash <nsonicquest r aol.com> wrote: Enit and Al Merry Christmas to you. I hope you have a safe and good New Year. See you soon. Phil Sent from my iPhone From: John Mannarino To: Nicole Garrido Cc: William N Miler Subject: Re:Hearing of the Virginia Beads Planning Commission Wednesday,February 10,2021 at 12:00 p.m Date: Thursday,January 21,2021 10:21:05 AM Attachmanta: imaoenol nno io aoe002 ong STR cover letter.odf 528 Vanderbilt STR Application Obiectbn odf '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. Thank you..I will. Regards, John Mannarino On Thu,Jan 21,2021 at 10:16 AM Nicole Garrido<NiGarridoavbgov corn>wrote: Hi John, You can send them to the assigned planner,Will Miller,who I have CC'd in this email. Thank you, Nicole Garrido From:John Mannarino<manorenn1955(g gmail conl> Sent:Thursday,January 21,2021 10:13 AM To:Nicole Garrido<NiGamdolgvbgov corn> Subject:Re:Hearing of the Virginia Beach Planning Commission Wednesday,February 10,2021 at 12:00 p.m CAltT10N:This email originated from outside of the City of Virginia Beach.Do not dick links or open attachments unless you recognize the sender and know the content is safe. Hi, I wonted to know where to send my written objections.Should I send them to you in addition to the individual commissioners? R/John Mannarino On Thu,Jan 21,2021 at 8:19 AM Nicole Garrido<NiGarrido@vbgov.com>wrote: No problem!You have been added to the list. Thank you! Mi3 Nicole Garrido Planning Technician I Cat of Virginia Beach Planning&Conunututs Den elopment 1,•,:'nia Beech (757)385 7634 From:John Mannarino<manoreno1955(pgnrail cora> Sent:Thursday,January 21,2021 8:17 AM To:Nicole Garrido<NiGarrido@vb.gov corn> Subject:Re:Hearing of the Virginia Beach Planning Commission Wednesday,February 10,2021 at 12:00 p.m (A t I ION: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. J Sorry for the omission.I would like to register my opposition to the STR CUP application submitted for 528 Vanderbilt Ave.Virginia Beach, VA 23451 Thanks, John Mannarino On Thu,Jan 21,2021 at 08:10 Nicole Garrido<NiGarrido@vbzov com>wrote: Good morning Mr.Mannarino, Thank you for signing up.Which item do you wish to speak on.and are you in support or opposition? Best, Nicole Garrido Planning Technician I City of Virginia Beach Planning & Community Development Virginia Beach (757) 385-7634 From:John Mannarino<manoreno1955@grnail corn> Sent:Thursday,January 21,2021 8:07 AM To:Nicole Garrido<NiGarridoijvbgov.com> Subject:Hearing of the Virginia Beach Planning Commission Wednesday,February 10,2021 at 12:00 p.m (Ai I It)\: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 wish to make comments virtually during the public hearing,please register my request to do so.Thank you. Respectfully, iSPU !1d AN A s1!t(j Se1S ispuau.1 AN Alsng1,Ae1S lspaau3 Ayg Alsiiuj rims lspuau3 Syg Ctsilgy Ae1S l£06-P1L(LSL) 1.9bEZ VA"40eag elu06nn any 1ligjapuen 9Z9 ouueuueynjugor 10 February 2021 Dear Commissioners, Let me begin by saying thank you for giving me the opportunity to respond to this application. I am sure you can appreciate that this has been a trying year for many reasons, notwithstanding the pandemic, pandemic politics, and politics at the local, state and federal level. I look forward to returning to normal and once again being able to enjoy simple pleasures like sitting on the beach, cycling the neighborhood, walking the dog, shopping, strolling the boardwalk, eating out and gathering at public events and not wearing a mask. The last thing I want to do is address this forum on short term rentals and the impact they have on the very pursuits I have just recounted to you. You see, while those activities are the very reasons for which I moved to Croatan, I find myself unable to fully enjoy them because I am worried that short term rentals are proliferating in our neighborhood bringing with them a level of uncertainty and anxiety. Uncertainty and anxiety have been the common thread linking the times we are living through with the uncertainty and anxiety brought about by short term renters and property owners to the community. Simply put, we do not know who will be occupying these properties every time they are rented. We don't know what their intentions are or their commitment to obeying the rules of common courtesy, civilized behavior and regulations governing the use of the property. We don't know if the city will be able to enforce regulations or respond to complaints in a timely manner. We don't know if property managers and owners will screen their guests, maintain their properties and ensure community concerns will be respected and considered. We have heard assurances from the City Council, the Planning Commission, property managers and owners that STRs will have minimal impact, will not be an imposition on the community, will not stress services and infrastructure and will enrich us all. We have had four years of such non-binding assurances, so forgive me if I remain skeptical. That skepticism is behind my objection to 5TRs and has been validated by experiences I have endured while living next to and near short term rental properties since I moved here. . Thank you for taking the time to address my concerns. Respectfully, John Mannarino 525 Vanderbilt Ave Virginia Beach, Va 23451 Alcaraz, George 757-620-8040 galcarazvbpc(c icloud.com Hoa N. Dao hdao(c vbgov.com Coston, John. H. johnhcoston(a gmail.corn Oliver, Dee branch.oliver(c gmail.com Horsley, Donald H. horsley doneyahoo.com Inman, Michael A. mainman a@inmanstrickler.com 10 February 2021 Ref. December 2020 Applications https://www.vbgov.com/government/departments/planning/boards-commissions-commit tees/Documents/PC/2020/12%20December/Monthly%20Application%20Submittal_Dec. pdf I am writing to register my opposition to the following STR CUP application: Albert & Enit Lulushi Conditional Use Permit (Short Term Rental) 528 Vanderbilt Avenue Request for a 4-bedroom Short Term Rental. 2020-PCCC-00322 1. Vanderbilt Avenue already has a number of rental properties in close proximity to this site - one of which is next door to my property, while others are directly behind me and several doors down. We are literally hemmed in by rental properties. 2. Vanderbilt Avenue barely accommodates two way vehicular traffic during the daytime, especially in the summer, because it is one of the few streets in Croatan designated for on street parking between the hours of 9:30 am and 7:00 pm. The property in question has a short driveway, so it is logical to assume renters will use the street during and after the designated parking hours. 3. Vanderbilt Avenue is the gateway to the Croatan Road beach access. Day visitors, surfers and residents, who live further away from the beach, use it extensively to reach the shore. Traffic has become problematic as drivers jockey for spaces - blocking the road while waiting for a space to open up or circling the block multiple times, making it difficult at times to enter or leave my driveway. 4. Croatan Beach itself can not physically accommodate large gatherings by visitors, let alone residents as it has experienced sufficient erosion to make it unusable at high tide with little berm left for beachgoers. Approving this property will add to the stress, until the city completes the restoration of both the dunes and the widening of the berm. That action is tentatively scheduled for summer 2021. 5. Croatan is not an overlay district and must not become one by default. What is occurring seems to indicate mission creep as more properties apply for CUPs to enhance their appeal to potential buyers/investors, especially for the current listings. 6. We must remain a residential neighborhood and not one that is a commercial interest. I live next to several rental properties and do not welcome the uncertainty and anxiety that comes each time these properties are rented. Although one assumes the owners will rent responsibly and screen their guests, that is no guarantee of a good outcome. I do not believe it is my responsibility to provide overwatch if guests behave badly nor is it my desire. Given the cities inadequate resources for inspection and enforcement, any expansion of STRs in Croatan is ill advised and unwelcomed. 7. Let me provide an anecdote to illustrate my concern. The property next to mine was a rental that predated the STR phenomenon and would have been considered under existing regulations a "grandfathered" property. This property was rented to students during a College Beach Weekend, and while it appeared the renters were adhering to normal conventions governing decorum and behavior, as the evening wore on into night time the usual oceanfront revelry relocated to this home as the after party commenced. Apparently, an invitation to "party" made its rounds on social media. Many individuals showed up, parked willy nilly on the street and crowded the driveway, and parked on the grass. Music and "conversation" was loud and inevitably the police were called by a neighbor(s). I did not call, nor did I confront the renters, simply because to do so could have provoked an unwelcome response or damage to my property in retaliation. By now, it was close to 5 am the next day and I got no sleep. After they left, to include the original lessees, I approached the cleaner, who had arrived to address the aftermath - I had them call the owner to whom I outlined the events of the previous evening to include the intervention by police. Her response was, "Oh, the young man I rented the home to was well mannered and well spoken, so I didn't think there would be a problem." (That property was sold within the year to another investor who, at one point, owned four properties in Croatan - and who also rented short and long term - of note one renter, the owner alleged, caused 15,000 dollars in damage. That property has changed hands again and no doubt the new owners intend to take advantage of the STR "opportunity.") 8. In short, she made an assumption, a business decision, without regard to consequences or the impact to the neighbors. The individuals who own and operate STRs appear to place their priorities above those of folks who are permanent residents, who have invested in their homes and who pay taxes without earning supplemental income from renting. These same owners also expect us to "keep an eye" out and let them know if anything suspicious or unusual is happening,to their investment, like a leak from a broken pipe or a trash can left out for several days after trash day, both of which I have experienced, as well as monitoring renters. 9. Let me conclude by saying there are already some 45 properties for rent in Croatan according to research conducted by the STR Committee formed by the Croatan Civic League's Board of Directors to study the impact STRs are having on the community. Resident's have already registered their opposition to at least three properties that have recently applied for CUPs. So the trend is not in favor of adding more STRs to a neighborhood zoned medium density residential. Respectfully, John A. Mannarino 525 Vanderbilt Ave. Virginia Beach, VA 23451 Will Miller Zoning Inspector III Short-Term Rental Team Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach, VA. 23452 Dear Mr. Miller, We are writing to register our opposition to the following STR CUP application: Albert & Enit Lulushi Conditional Use Permit (Short Term Rental) 528 Vanderbilt Avenue Request for a 4-bedroom Short Term Rental. 2020-PCCC-00322 1. There are already a large number of rental properties on Vanderbilt Ave. Indeed, per the Croatan Civic League, there are already approximately 45 STRs in Croatan. In this supposedly residential neighborhood, which is not located in an overlay district, this has resulted in an increase in people, traffic, noise and trash. Consequently, there has been a significant diminution in the quality of life in the neighborhood in the 10+ years we have resided here. 2. The question we have is does Virginia Beach wish to maintain the residential nature of Croatan and other non-overlay district neighborhoods? If so, then granting even more CUPs for STRs would be contrary to that goal. 3. The granting of increasing number of CUPs for STRs in Croatan is de-facto turning Croatan into an overlay district. This is contrary to the original intent of not placing Croatan in an overlay district. 4. What is the compelling public need for yet even more STRs in a non-overlay residential neighborhood, with the inevitable diminution in resident's quality of life, when there are already plenty of hotel rooms and STRs in Virginia Beach? 5. It seems that little is required to obtain a CUP for a STR in a non-overlay district beyond being a homeowner who wishes to offer a STR. Out of the CUPs for STRs that have been applied for in Croatan, how many, if any, have actually been turned down? If Virginia Beach wishes to maintain the residential nature of Croatan and other neighborhoods which are not located in overlay districts, then granting of CUPs for STRs should not be routine or automatic. And if someone has a burning desire to offer an STR, they already have the option of buying a property in an already declared overlay district! 6. Whenever there has been a problem with a nearby rental, the property owner(s) have not been particularly interested or receptive to complaints. The best (or worst if you will) example of problems with STRs is what occurred 2 houses down from us on College Beach Weekend, when due to social media there was a gathering of many people in the rental house and yard, we estimate at least 50 or so outside in front,with cars parked illegally all over the street, with loud noise, music, trash, etc. until the wee hours of the morning.The police were called by a neighbor who just couldn't take it any longer. 7. This brings up the question as to what rules, regulations, and codes regarding STRs are in place to protect residential homeowners in Croatan and other non-overlay neighborhoods from the inevitable problems that STRs bring? If such rules are in place, what are the enforcement mechanisms?Are the problems tracked and addressed? How?Strict enforcement with major fines and withdrawal of the CUP for major nuisances such as enumerated in #6? Or at most a minor slap on the wrist? Is there any enforcement at all? What mechanism other than trying to reach the property owner, or calling the police, is there in place for resident complaints, if any? Is such a mechanism available 24/7? If not, it needs to be. Whatever the current process is, it is not working, to the detriment of current full-time residents. And expecting these problems to be handled "neighbor to neighbor" is unrealistic in today's Virginia Beach. Every effort needs to be taken to ensure the rights of full-time residents in non-overlay neighborhoods to peace, quiet and tranquility, all lacking under the current system. 8. We believe there needs to be a complete moratorium on the granting of additional CUPs for STRs in Croatan and other non-overlay neighborhoods until the problems with the current system are completely identified and addressed.Then there needs to be a trial period of at least 1 year where the revamped system is tested on existing STRs in Croatan and other non-overlay neighborhoods to see how well the system works, and to further modify if necessary.The whole process of granting additional CUPs for STRs in non-overlay neighborhoods such as Croatan needs to be thoughtfully and completely examined to determine if this process needs to be significantly modified or even completely discontinued. Enough is enough! 9. To conclude,Virginia Beach needs to decide if it is willing to maintain and even improve the quality of life in non-overlay residential neighborhoods such as Croatan. If the current path continues,then it is clear that Virginia Beach cares less about its' permanent residents than those with commercial interests, whose main desire is supplemental income from their properties, with little concern for the quality of life of their neighbors. Thank you for the opportunity to express our concerns. Sincerely, Roger and Suzanne Perry 529 Vanderbilt Ave Virginia Beach, VA 23451 beachrrp@gmail.com artistsep@gmail.com 757-652-6424 From: zoning Short Term Rental To: William N.Miller Subject: RN:528 Vanderbilt Date: Monday,January 25,2021 3:44:36 PM Please see the letter below for 528 Vanderbilt Ave. From: Ron Swan<ron@adschem.com> Sent: Monday,January 25, 2021 3:32 PM To:Zoning Short Term Rental <STR@vbgov.com> Cc: George Alcaraz<galcaraz508@gmail.com> Subject: Fwd: 528 Vanderbilt 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. Sent from my iPhone Begin forwarded message: From: Ron Swan <RonPadschem.com> Date:January 25, 2021 at 3:00:19 PM EST To: Cox<ronPadschem.com> Subject: Fwd:528 Vanderbilt To: Commissioner George Alcaraz From Ron Swan STR Chairman Subject: 528 Vanderbilt Ave. Application for STR I will be unable to attend February PC meeting.Jan Perriello will speak on behalf of our committee in opposition to this application. Obviously I am opposed for the reasons below. As always thank you for your consideration. Within 1,320 yards of 528 Vanderbilt Ave. are at least 46 existing STR that can be verified, possibly more as yet to be determined. This particular property sits on a small 50x 100 lot with private residents on both sides. It has a drive way for 4 vehicles. Overnight street parking is prohibited . The consecration of STR has proliferated in recent years particularly on Vanderbilt Ave. It's no secret that the overwhelming majority of Croatan residents oppose STR .Two separate Nextdoor polls yield numerous complaints by residents who have experienced firsthand the myriad of problems associated with having an STR in close proximity to their year round residence. Another STR would simply tax this small community more. Sent from my iPhone From: Planning Zoning To: Kevin L.Hershberger;Summer J.Peebles;William N.Miller Subject: RN:Short-Term Rental-528 Vanderbilt Ave,et al Date: Tuesday,January 26,2021 3:04:34 PM Good afternoon. Forwarding from the zoning email box. Thank you. Regards, Arlethia From: Michael <mcaiii@aol.com> Sent:Tuesday,January 26, 2021 2:55 PM To: Planning Zoning<Zoning@vbgov.com> Subject: FW:Short-Term Rental -528 Vanderbilt Ave,et al AUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments 7 unless you recognize the sender and know the content is safe. Forwarded at the request of Planning Commission member. Regards, M. C. Agresti From: Michael<mcaiii@aol.com> Sent:Tuesday,January 26, 2021 10:06 AM To: 'Guy Tower'<gtowerPvbgov.com>; bhenleyPvbgov.com;jdmoss(avbgov.com; jabbottPvbgov.com; arouse(avbgov.com;galcarazvbocPicloud.com; str(avbgov.com; rkleinvbpcPicloud.com;jckwallPaol.com; wgrahamvbocPicloud.com; horsley_donPyahoo.com; mainmanPinmanstrickler.com; branch.oliverPgmail.com; dredmondvbpcPicloud.com; johnhcostonPgmail.com; dweinerPbatchelder-brick.com; mayorsofficePvbgov.com; jlwoodPvbgov.com; mberluccPvbgov.com; IrjonesPvbgov.com; rcwilsonPvbgov.com; swootenPvbgov.com Cc: Amanda Robinson <pixiefloatPhotmail.com>;Amber Alvarez Torgerson <ambertorOgmail.com>; Bill Garvey<cddxPaol.com>; Bob Lougen <rlougenPyahoo.com>; Cheryl Garvey<cgcroatanPgmail.com>; Gina Amick<ramickltwolriv.com>;Jen Alex <jalexstudiosPgmail.com>;Jim Skarbek<toadncaroIO2Pverizon.net>; Kathy Donahoe <kdonahoe1ccox.net>; Katie Ripberger<katiefr@howardhanna.com>; Ken Jobe <kejo425Paol.com>; Larry Kurtz<Iarry.kurtz001Pgmail.com>; manoreno1955( gmail.com; Marian Kitchin <MDKitchinPgmail.com>; Mike Kelly<mkellyav8Paol.com>; Nancy Purkey <nancvourkey(E yahoo.com>; Pat Zuraw<pzurawPhowardhanna.com> Subject:Short-Term Rental -528 Vanderbilt Ave, et al Mr. Mayor and Members of the Planning Commission and City Council, I am writing today to record my opposition to a proposed short- term rental (STR) case to be heard by the Planning Commission on February 10, 2021 and by the City Council some time thereafter. The case in question is located at 528 Vanderbilt Avenue, which is within the Croatan Beach neighborhood of the Beach District. Croatan is a residentially-zoned community with narrow streets, most without sidewalks, and a public beach with a 550-space daily- fee parking lot that is locked up in the evening. This feature leads to excessive, often disruptive, traffic on the our single access road. Croatan is not part of the Resort District and (thankfully, and wisely) has been excluded from the proposed Resort Beach STR Overlay District. Regrettably, Croatan has a significant population of STRs - many of which do not appear on the City records we accessed through FOIA. Because of these omissions, Housing and Neighborhood Preservation review, analysis, and recommendations of STR Conditional Use Permit (CUP) applications upon which you rely to make decisions is incomplete, inaccurate, and misleading. Case in point is the street parking data provided in your review package for 528 Vanderbilt (second page of Agenda Item #16). The attached sign depicts the accurate data for parking on Vanderbilt Avenue. The five-hour difference is significant given the hours involved, number of beach visitors during those periods, and on-site hosting of guests during the "prime-time" dinner hour. Croatan residents paid a premium to own in this desirable neighborhood and should not be subjected to commercialization of the neighborhood. STRs disrupt the peaceful enjoyment of our properties beyond the "loud party" hyperbole you so often hear. We are prevented from relaxing on weekends by early morning pack-up of vacating renters, garbage pick-up, cleaners, yard care, and late evening unpacking of incoming renters every Friday, Saturday, and Sunday (depending upon the individual rental terms). These service vehicles further often block our narrow roads and restrict traffic. Many STRs have been squeezed together onto small lots, so that mere outdoor conversation into the evening can be disruptive. Residents respect their neighbors' quiet space, but renters do not. Accordingly, I urge you to vote against extending STR CUP status to 528 Vanderbilt Avenue and any other Croatan-situated STR CUPs that cross your desks. Thank you. Sincerely, M. Conrad "Connie" Agresti 501 Bushnell Dr Virginia Beach, VA 23451 (h) 757-425-2068 (m) 703-919-9794 26 January 2021 To the Virginia Beach Planning Commission: Thank you for giving me the opportunity to provide my comments, both on the application of Albert & Enit Lulushi for a Conditional Use Permit(CUP), and on the proliferation of Short Term Rentals (STRs) in Virginia Beach. My wife and I have lived at 500 Vanderbilt Avenue in Croatan Beach, since 2017, and have already resided in close proximity to at least 5 known STRs. Two are on Vanderbilt and three are on South Atlantic Avenue, all within 300 feet! In 2019, rules meant to regulate and better manage rentals were approved by the VB City Council. A new City Council proposal would limit short-term rentals to the communities of Sandbridge, and the Oceanfront, parts of the North End and neighborhoods on both sides of the Lynnhaven Inlet along Shore Drive,designated as overlays. Current rules require that, any property owners looking to operate a short-term rental outside of Sandbridge,get approval through a CUP. Vanderbilt Avenue can barely accommodate two-way traffic in the off-season. During the summer, when all parking spots on the street are filled during the posted parking hours of 9:30am to 7pm, only one car travel is possible. The proposed ordinance requires one parking space per bedroom. The Lulushi driveway @528 Vanderbilt appears inadequate to fulfill that requirement. The proposed ordinance also allows STRs to host events with up to fifty (50) people present. It's extremely doubtful that there will be enough on street parking required to accommodate the overflow of vehicles. The new proposal additionally would remove the requirement to obtain a CUP for a person to have a short-term rental, as long as they live within the set-boundaries of those five overlay areas and abide by the regulations. It was stated that these communities were chosen because they have historically hosted vacationers, and short-term rentals would likely not greatly change the neighborhood dynamic. My concern is that, based on whatever economic outcome of this proposal occurs,there are no restrictions on what other areas of the city could be designated as the new overlays. Who gets to decide what should be an STR overlay area? Just because investors buy isolated properties in what are considered desirable vacation neighborhoods, do they have the right to transform those neighborhoods into semi-commercial districts? When do the concerns of the year-round taxpayers of those neighborhoods get considered? Croatan is not an overlay district and must not become one by default. With each new property that is granted a CUP, the character of the neighborhood is degraded. We live in a truly "neighbor—friendly" community. There are multiple vacation homes in Croatan, and many part-time, absentee homeowners see them as opportunities for making money. The question is whether the rights of Croatan's year-round residents should be trumped by those people. Year round residents support this neighborhood and its residents with community events, neighborhood watches, book clubs, beach replenishment efforts, and so much more. I have spoken to many fellow Croatan residents who have huge concerns about the STR epidemic. The responses have been universally negative. They DO NOT want this family neighborhood turned into a commercial rental district,ala Sandbridge. The proposed ordinance states that"Short term rentals shall be subject to the following conditions unless specifically modified by action of the city council in granting a conditional use permit or creating a short term rental overlay district." We have serious questions about exactly how the city of Virginia Beach will be able to monitor and enforce all STR conditions/regulations. We don't know if property managers and absentee owners will screen their guests, maintain their properties and ensure community concerns will be respected and considered. 1 Condition 241.2.3 is particularly weak, yet is probably the cause of the most complaints from year-round homeowners residing near STRs: "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." Does this mean that "nothing" will be done to address STR violations and infringement of neighbor's rights? How will condition 241.2.10 be monitored and enforced: "There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m."; The VB City Council, the VB Planning Commission, vacation property managers and absentee owners have all stated that STRs will minimal impact on our lives. They claim that adding more STRs to the known existing 2,700 in the city of VB, will not negatively impact our community, services and infrastructure. Our experiences have proven that those assurances are wishful thinking. Short-Term Rentals (STRs) can ruin neighborhoods Fact: Short-term rentals tend to be less safe than long-term rentals o Unlike typical tenants, visitors for short-term stays are not thoroughly vetted. Most landlords require extensive background checks for long-term tenants, including credit and employment history, references from previous landlords, and so on. Fact: There is no way to guarantee there will be a good STR tenant o Homeowners take all of the risk on themselves for every rental experience to be a good one. o Homeowners can't predict how a tenant will treat his/her neighbors. When a tenant disturbs the daily life of neighbors in the area, there's a problem on your hands that can reach a boiling point if you don't do anything to intervene. o Landlords have little control over who they can rent to. Although some home-sharing platforms have developed a review system, that allows homeowners to share their experience with renters, it is not universal. The system remains largely incomplete and potentially biased, compared to traditional background checks. o Though property owners may occupy their rentals, and truly participate in the spirit of"home sharing," a disproportionate number of rentals belong to absentee owners. Many of these property owners act as quasi-commercial entities, avoiding the same financial requirements and costs that true commercial enterprises do. o Lack of enforcement allows these quasi-commercial ventures to wear down the economic and social fabric of residential neighborhoods in a variety of ways. Here are the realities that the optimistic propaganda of the "sharing economy" leaves out: • Current STR operators are required to pay city and state taxes just like hotels, motels and bed and breakfasts. As of April 2020, the city estimated 2,700 properties in the city are already operating as short-term rentals. However not all may be operating "legally." 2 How much S is this costing the city? • Short-term rental (STR) operators have figured out how to profit from evading city laws and converting long-term living spaces into short-term rentals. That means fewer homes on the market for long-term renters,new stable tax-paying homeowners, and more landlords planning to operate a STR,where they can expect a higher rent from tenants. Goodbye affordable workforce housing. • As long-term residents get priced out of your neighborhood,who remains? Only those who already own a home there and don't rent it out short term. There will be less new families, and younger couples searching to own their own home, and basically anyone who can't afford to compete with vacationers' budgets. Goodbye neighborhood friendships,closeness and diversity. o The influx of out-of-town visitors upsets the peaceful enjoyment of long-standing residential neighborhoods. • Short-term renters have no stake in the community, and therefore no reason to care how the neighborhood around them suffers from their vacation activities. • Zoning code laws keep hotels out of residential neighborhoods, and exist to accommodate the inevitable disruptions of tourism. Illegal short-term rentals ignore zoning restrictions and make virtually any residence into a hotel/party house. o If you have too many rental properties in a neighborhood of single-family homes, it can cause property prices to stagnate or even drop. It's a fact that tenants won't always maintain homes to the level that owners who actually live in the property do. When homes get rundown, the entire neighborhood suffers. Thank you for your consideration in these matters. Respectfully, Patrick and Denise Costigan 500 Vanderbilt Avenue Virginia Beach, VA 23451 3 From: Jan Perriello To: galcarazvbperthicloud.com Cc: William N.Miller Subject: 528 Vanderbilt Avenue-STR Application Date: Sunday,January 31,2021 5:41:17 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr.Alcaraz: The Planning Commission will hear the CUP application for 528 Vanderbilt Avenue on December 10th, 2021. I write to comment on this application and state that Croatan adjacent neighbors and the STR Committee will oppose this application. The owners of this property, according to the application, live in Northern Virginia and already have a 2nd home at 400 Vanderbilt Avenue which they occupy periodically. It has also been stated by neighbors that the house at 400 Vanderbilt has been used as an STR,but with no CUP in place. The house at 528 Vanderbilt appears to have been purchased for the sole purpose of an investment property to rent. It has already been rented on one(1)occasion prior to the application for a CUP, for at least a few weeks and the neighbors believe it was possibly for less than 30 days. 1. The house sits on a 50x 100 lot and is 2718 sf, with 4 bedrooms. It has a very short driveway and will tightly accommodate only 4 vehicles,the minimum required with no extra space for guests. The driveway is located on the left side of the property which brings it very close to an adjacent neighbor. There is no parking on Vanderbilt Avenue except for a few areas which can only be occupied from 9:30a to 7p and are typically occupied by surfers. Some of these spaces are near this house and there is sure to be illegal parking on Vanderbilt during season by guests at 528 Vanderbilt overstaying the 7p deadline. 2. Vanderbilt Avenue already has 16 STR's, 10 of them identified as operating without a permit. As a result of this application,two (2)more are applying near 528. In season,this street has become a nightmare for resident owners;there is a great deal of traffic going to the City parking lot at the extreme end of Vanderbilt, often sitting bumper to bumper waiting to get into the lot. Adding more traffic and parking issues by tenants of STR's is simply going to add to the severe congestion and traffic. Our resident owners, at times,have difficulty with ingress/egress to their driveways and for our neighborhood children living on Vanderbilt,this heavy traffic and congestion presents a very dangerous situation. It is blatantly unfair that the resident owners should have to live under these conditions just to accommodate investors and corporate realtors. We ask that this application be denied. Jan Perriello 516 S.Atlantic Avenue Member-Croatan STR Committee cc: Will Miller, Planning Department From: Jessica Tomberlin To: William N.Miller Subject: CUP for 528 Vanderbilt Ave Date: Tuesday,February 2,2021 4:13:44 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Miller, I am writing to support the application of Albert and Enit Lulushi for a STR CUP at 528 Vanderbilt Ave. My family and I live on Vanderbilt and fully support the rights of homeowners to use their homes as short term rentals as long as they are compliant with all city rules and ordinances that pertain. A lot of vocal Croatan residents have gotten on a bandwagon lately proclaiming, essentially, that Croatan Beach belongs solely to us residents and everyone else is a nuisance that needs to stay away. Please don't indulge their selfish insularity. Many of us here in Croatan welcome visitors and enjoy the life and joy they bring to the neighborhood. Sincerely, Jessica Tomberlin 620 Vanderbilt Ave To whom it may concern, I understand that Enit Lulushi wishes to obtain a CUP for 528 Vanderbilt Ave in Croatan and that the usual anti-STR contingent is gathering forces to oppose it. Although I do not personally know the owner, I believe that no one should tell you what you can or cannot do within the walls of your own home as long as you aren't infringing on your neighbors. Croatan has been a mixed neighborhood of primary homes,second homes and vacation rentals since inception. Many homes in Croatan were not built as primary residences due to the size of their closets. What are those owners suppose to do now? I have heard people strategizing how they are going to make new rules so cumbersome that no grandfathered STR can remain in operation. STRs in beachfront neighborhoods is a part of American tradition and EVERYONE who purchased a home here knows that there are vacation homes all around us. These are NOT hotels. Hotels are buildings where unrelated persons board individual rooms on a per night basis. STRs maintain the single family usage of a home for a shorter stay than a long term rental but that does not make it a hotel. A single family home is not a large building that you need a map to locate the nearest exit. Some want renters to verify they are not sexual predators. Do you do that for all the visitors using the parking lot at the end of my street? They want STRs to pay$500 fine for leaving the trash out past pickup day. I'm perfectly fine with that as long as the fines apply to EVERY HOMEOWNER equally. There are some primary homeowners who leave their trash out all the time. I never do. However, If one day I go out of town and make arrangements for my neighbors to bring my trash in, I don't want to be singled out for a fine if they forget while others gets a free pass because they didn't rent their home for a couple weeks over the summer. I believe that problems arise when homes are rented for events disturbing the peace. Although I know from personal experience that people sometimes have grown children who let parties get out of hand, it doesn't occur on a perpetual basis when it's your personal residence. In short, I fully support regulations that maintain the quality of life for our residents without destroying our property values and economy which is what would happen if you ban STRs altogether in Croatan. By permitting STRs by right in all the other oceanfront neighborhoods except Croatan you are altering the historical character of our neighborhood. I rented my home for a couple of summers before it became my primary residence which is common in Croatan. VRBO shows where guests looked before choosing your property. These families looked at several other cities before choosing Va Beach. Congratulations to the city for putting in money to clean up the boardwalk, add attractions and various things to bring in visitors. But why spend all this money if you plan on removing homes from inventory? These families will not stay in a hotel if there aren't homes available to rent. They will simply take their tourist dollars elsewhere. These are families that are spending thousands of dollars for accommodations and bringing thousands more into the local economy which has a trickle down effect on neighboring business. I now know what it must have felt like to live in New York City and watch your neighbors block Amazon because they thought it would hurt their quality of life. Added to the lost revenue for the local economy, Croatan property values will decline hurting city revenues further and all Croatan homeowners' nest eggs since homes are often our biggest investment in life. When I looked at properties in Florida before I purchased here, I could tell just from the price which communities allowed SIRS and which did not. The communities that allowed STRs sold for about 40%more than those that prohibited them. We have a shorter vacation season so hopefully it won't be as dramatic a drop, but it will drop to what the LTR market can support. It's a simple fact that mortgage payments align with rental income because why would anyone purchase a house for more than they can rent? STR income is greater than LTR income so anyone who purchased a home in Croatan had to compete with that higher price point. You can debate that the communities that ban STRs have a better quality of life for its residents. It is easy if you never had STRs to begin with to ban them because homeowners won't suffer financially by changing the rules. Your CUP process is altering precedent in Croatan and in the process, hurting our property values. I sympathize with those that have lived next to a "nightmare STR" and that is what commonsense regulations can address. I fully support the regulations you passed in 2019 but you haven't even given them a chance to work or the teeth to enforce them. Don't blanket ban every CUP because we have a well organized group that is spreading lies that prohibiting STRs will magically defy economics and improve our property values. A good analogy would be that you can argue our quality of life would be improved by prohibiting dogs. I wouldn't have to listen to my neighbors' dog bark all the time because they leave them in their yard hours on end. Most STRs prohibit pets by the way. Or deal with all the dog poo while walking my dog because some bad owners refuse to pick up after their pets. I am a conscientious neighbor so I don't do these things but because I have a dog, I will fight tooth and nail for the rest of us to keep that right while supporting rules that improve the quality of life for non dog owners. I suppose if I never had a dog, I might feel differently. Now imagine if the people opposed to dogs didn't like the position of a civic league that supported dogs with regulations so they hijacked the civic league (easy to do because of low participation rates) and falsely told other non dog owners that their property values would increase if no one had to deal with the negative issues related to dogs. Imagine if they created online polls and called their friends that opposed dogs to vote in their poll while dog owners were never informed of the poll. They encouraged their friends to all write letters to the city leaders who would be bombarded by only one side. You would think, "my god, dogs are horrible now that I've heard all these stories of them killing children." Imagine if they then contacted every"I Don't Care" vote in their social media poll to convince them to change their minds while the dog owners are silenced without an opportunity to plead their side? How would you feel? Condos change their rules to ban dogs all the time through their HOAs. I purposely chose a neighborhood without an HOA so my rights as a homeowner would not be violated. I don't think that this process has been fair to our beach front community at all. I know there are North End residents who are asking you to not put their neighborhood in an overlay district but yet you single Croatan out? We have just as much a tradition of STRs on our beach lots as they do but you choose to destroy only our property values instead of treating us equally. It simply isn't right that a small group of snobs who don't want strangers in our neighborhood went out of their way to create a movement based on a false narrative in which the city is openly helping to perpetuate at the expense of us all. They plan on going after the public parking lot next by the way. I don't love the public lot at the end of our street but people have a right to access a public beach. Sincerely, Stephanie Phimmasone 726 Vanderbilt Ave, Va Beach 23451 From: Stephanie Phimmasone To: William N.Miller Subject: STR support letter Date: Tuesday,February 2,2021 5:23:30 PM Attachments: support STR in Croatan.odf 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. Ron lives around the corner from me and Jan around the other corner. They believe in exclusivity. Ron is in charge of the whole push to eliminate STRs. He enlists his daughter, Allison,to go to CUP meetings and pretend she is just another concerned neighbor. I was told he has over ten million in the bank so he doesn't care if our property values drop. He wants them gone. He also wants to get rid of the parking lot so that is next on his hit list. I don't love the public lot but everyone in Virginia Beach has a right to use our public beaches. There are just some people that don't want strangers in the neighborhood but guests in STRs spend thousands per week to visit as opposed to people who park in the lot. That is his opinion but it is really unfair when his snobbishness destroys other people's livelihoods. Attached is the letter you requested. Sincerely, Stephanie Phimmasone From: Gwynn Malikian To: William N.Miller Subject: Re: 532 Vanderbilt Ave Date: Wednesday,February 3,2021 8:37:55 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. 608 Surfside Avenue Thanks again Will for your effort to make this a accurately represented show of STR support in Croatan. Gwynn On Wed, Feb 3, 2021, 8:33 AM William N. Miller<WNMiller@vbgov.com> wrote: Good morning, Thank you for the letter. The planning commissioners ask us to create maps of all nearby property owners who support or oppose a CUP applications. As a result, would it be ok to get your address in Croatan so I can add your home to the map? Thank you. Will Miller Zoning Inspector III Short-Term Rental Team Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach, VA. 23452 757-385-5066 (voicemail) From: Gwynn Malikian <findgwynn@gmail.com> Sent: Wednesday, February 3, 2021 8:30 AM To: William N. Miller<WNMiller@vbgov.com> Subject: 532 Vanderbilt Ave t 7 10\: 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 Will, it was great to talk with you yesterday,thanks again for taking the time to answer my questions. I am writing today to express our support for the application of Albert and Enit Lulushi for a STR CUP at 528 Vanderbilt Ave. We are Croatan residents and in principle support STRs as long as they are compliant with city rules and ordinances. Thanks, Gwynn Malikian 1-S0 of 407 I Promotions 7:13 PM 'ICKED UP! 4:01 PM New Message Recipients Subject Dear Mr. Miller, We are Croatan homeowners and residents that are in support of short term rentals in Croatan. / We firmly believe in the right to buy a property in a beach neighborhood to use it as a vacation home for yourself and then when one is not present that homeowner should be allowed to do as E they please and rent the property out for as much or little as they like. For that reason, we support Albert and Enit Lulushi's application for a CUP at 528 Vanderbilt Ave. We also would like you to know we became Croatan residents in March. Simply because we try to limit our time on social media Christopher Sprauer and myself are not very active on the next door app. As a result of this we did not even know about any polls taken against short term rentals. We are just one of I'm sure many residents in this neighborhood that were 100% excluded from these polls. Therefore, these polls we believe to be invalid. If a neighborhood wants a true poll they should have gone door to door or sent mail. I Cathleen Ehret & Christopher Sprauer 720 Surfside Ave f c Sans Serif - TT BIU A - _ ; 1 .:_ Wednesday, February 3, 2021 Dear Mr. Alcaraz/Mr Miller, - My name is Chris Harrell and I am writing on behalf of Enit and Albert Lulushi who are applying for a Conditional Use Permit (CUP) to do short-term rentals with their property at 528 Vanderbilt Avenue in Croatan. We bought our second home in Croatan in 2010 and while we mostly use the home ourselves, we rent it out in the summers to help pay for improvements to the property. We have paid taxes on this income through Atkinson Realty and recently have done this directly ourselves. The money we have made on this goes directly back into the Virginia Beach economy through contractors, restaurants, etc. We have managed our property responsibly, as plenty of others have been doing in Croatan for decades. We support well-managed STRs that are compliant with city rules and ordinances, and we think Enit and Albert would take a similar responsible approach to their property and would not cause problems for the neighborhood. Therefore, we are writing to support the application of Albert and Enit Lulushi for a STR CUP at 528 Vanderbilt Ave. Thank You, Chris and Cathy Harrell 516 Surfside Avenue Virginia Beach, VA 23451 Ann Scott 805 Norton Court Virginia Beach,VA 23454 February 3, 2021 Enit Lulushi 528 Vanderbilt Avenue Virginia Beach,VA 23451 Dear Mr.Alcaraz and Mr. Miller, I am writing this letter in support of Mr.Albert and Mrs. Enit Lulushi's application for a conditional use of permit of their residence at 528 Vanderbilt Avenue. I am a retired military. During the fall of 2020, I have the opportunity to rent Mr.and Mrs. Lulushi's residence for over one month period through Airbnb. I have met and spoke with many wonderful owners throughout the neighborhood. They were very warm and friendly and welcoming me to their neighborhood,and they also expressed their concerns for the right of peaceful enjoyment and safety for everyone in their community. I am completely confident that Mr.Albert and Mrs. Enit Lulushi will comply with all of the Virginia Beach City rules and ordinances,and therefore I support this application. If you have any questions, please don't hesitate to call or email me at(757)701-5377 or awilairat@hotmail.com. Sincerely, Ann Scott MGmail Enit L<enitkaduku@gmail.coma An update and a request from Albert and Enit at 528 Vanderbilt Enit L<enitkaduku@gmail.com> Sun,Jan 3,11:11 AM To:<rdt1054@gmail.com> Dear Richard, Happy New Year! We hope this message finds you well, We are very excited to have purchased 528 Vanderbilt which is a perfect second home for us.Eventually we will also retire there,we hope.For the time being however we would love to have the flexibility to be able to be there as much as possible during the whole year and in all seasons.We do love Virginia Beach in summer but equally so in other seasons.For this reason,we ideally would like to rent it for a few weeks during the year for those periods of time during which we won't be able to enjoy it with our friends and family. While we have the option to rent it long term,we would much rather prefer renting it short term. Renting it long term(31 days or more)would mean we would have to give control of the house for extended periods of time,making it harder to have control over problems that might arise without us being aware of and at the same time it would also deprive us of enjoying our home for extended periods of time. Therefore we would like to let you know that we intend to file a Short Term Rental Conditional Use Permit(CUP)application with the city. We would like to assure you that,to us, your right of quiet and peaceful enjoyment of your property is as important as the well-being of our home,and we commit to do everything we can to that end. Here is a first plan of action that we wanted to share with you: 1. Atkinson realty will be managing our property.We have a great relationship with them and we are confident we have a common understanding of how to select and address any potential guests wishing to stay at our home. 2. We will not allow stays shorter than a week,even though the city ordinance does actually allow two stays per week-we do not believe Croatan is suitable for that sort of guest turnover, and by forcing the one week minimum we believe we reach safer,more family-focused guests. 3. We will not allow direct bookings even if we decide to list the house on an online rental platform such as VRBO. 4. Whether through Atkinson or directly through us,any potential guests will be screened in advance.We will not allow unrelated parties,weddings,student beach week rentals etc,just family groups.Our preferred guests will be families with kids and possibly grandparents in tow. 5. Guests will have to share an official ID before being allowed access and a fixed residence address will be verified in advance as well. 6. We will make sure our guests understand the current ordinances on occupancy,noise,parking,beach rules whether during the summer season or outside it and we will demand compliance with these ordinances in a lease contract. 7. While we understand currently the city ordinance allows 3 people per bedroom,which would mean a maximum occupancy for our house of 12;we intend to allow a maximum of 8 family-related adults with a maximum occupancy of 10. We would like to invite you to support our application with the Zoning Department-they would like to see letters of support from the immediately adjacent neighbors.It would really help our application and we would be beyond grateful if you could write such a letter via email to Albert and me at enitkaduku@gmail.com. We have provided a sample letter of support below as a reference but any format is fine really,as long as it includes your name,email and property address. To:Virginia Beach Zoning We reside at We have been made aware of and support Albert and Enit Lulushi's pending application for an STR CUP at his second home at 528 Vanderbilt Ave, We can be contacted at if necessary. Thank you so much! Sincerely Albert and Enit Lulushi 703-517-9772 From: Enit L To: William N.Miller Subject: Letters of Notification to adjacent neighbors Date: Wednesday,February 3,2021 9:58:23 PM Attachments: Adiacent Neighbors Email.odf This email originated from outside of the City of Virginia Beach. Do not click links or open attachments Lnless you recognize the sender and know the content is safe. Dear Mr. Miller, I was wondering if this email and attachment could be part of the package you mentioned. I am trying to document the efforts of outreach and to address anyone's potential concerns related to our short term rental application. Even though the application process did not require it, even prior to filing the application,we had verbally already shared our intentions with our immediate neighbors whom we got to know since we bought the house. In addition, on January 3 we did contact via email all our adjacent neighbors for whom we could find the contact information . We really wanted our neighbors to see our genuine concern and sincere commitment to ensuring their right of peaceful enjoyment of their homes. In the email we sent and that we have attached here for your reference, we shared our philosophy and rules we will follow to that effect. Here is the list of physical addresses we sent emails to (I am not listing names out of any privacy concerns) : 1. 524 Vanderbilt 2. 532 Vanderbilt 3. 519 Vanderbilt 4. 525 Vanderbilt 5. 545 Vanderbilt 6. 629 S Atlantic 7. 625 S Atlantic 8. 604 Fort Raleigh Dr(in his capacity as the Croatan Civic League President) We tried to locate contacts for 517 Vanderbilt and 631 S Atlantic,both of which as far as we could tell, have been 100%unoccupied during all this time but we were not successful. Out of all these contacts, we received one letter of support(519 Vanderbilt)and only one other acknowledgement of our email(by 545 Vanderbilt); repeated emails and phone texts/voicemails to the rest of the immediate neighbors whom we have actually met personally, were met with dead silence. I was able to have a phone conversation with the owner of 629 S Atlantic who on the phone sounded supportive of our application, and said would send a letter to support our application. I am attaching one of the letters,but I am happy to provide all of them if needed. From: Zoning Short Term Rental To: William N.Miller Subject: FW:PRO STR statement for# 16 meeting at noon Date: Wednesday,February 10,2021 11:14:52 AM From: Nicole Garrido<NiGarrido@vbgov.com> Sent: Wednesday, February 10, 2021 11:08 AM To:Zoning Short Term Rental <STR@vbgov.com> Subject: FW: PRO STR statement for# 16 meeting at noon From: Kendall Maynard<kendall.c.maynardPgmail.com> Sent:Wednesday, February 10, 2021 10:47 AM To: Nicole Garrido<NiGarridoPvbgov.com> Subject: PRO STR statement for# 16 meeting at noon 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. Not sure my laptop will cooperate since I am running it on my phone hotspot. Thank you and here is my statement: Hi, My name is Kendall Cavedo Maynard, my family and I have maintained a STR in the North End for 35 years. I am fully supportive of the STR at 528 Vanderbilt Ave. I believe that it is a homeowners' right to have an STR "by right". The opposition would have you believe that there are tons of issues, but the responsible STR operators who serve guests and maintain these properties are extremely conscientious and are abiding by all the requirements for contract per week and parking. This looks like a beautiful home to have your next vacation in with your own family with a great location close to the beach. The likely guests will be families that do not cause any of the alleged issues that are being discussed. No more traffic than normal with a family that owns the property, no more noise or litter. Most STR operators charge a deposit so if there is anything needed, the deposit will take care of any litter. Most families are very conscientious and well behaved. There should be no concerns for this lovely, family oriented STR. Please vote for this to be a STR — I completely support this STR. Thank you. Best Regards, Kendall Maynard, 108 45th Street, Virginia Beach, VA 23451 Countering Short Term Rentals Man Mm,.n rtno irtirtad U.e ganialmes to il..ae.ac.or Cr sw.i b.acr 30 ism lulled Lefl gel to 1001 ta,ta.larta.oa rad t dam To borrow from an old saying that one man's trash+5 a ,l,da,6t>nriar1wc a@rad Ina Nat„,' another man's treasure,so it goes that one person's profit is another's pain Simply put.STRs benefit the property owners and managers,but at what Lest name expense to the neighbors? Email Why should individuals who moved to a residential „ten,b.aca_3; 1 neighborhood with expectations of peace,quiet. '`""`dM'`" privacy,and permanence suddenly have to endure id CMaa►rig rn,,111 rrQexrnril o-No transient visitors,whose expectations are quite different from long term residents dt'sowing.ram inapt C1.I . Tg'1 Tarns Patrons of VRBO and AirBnB don't come here to put alf:arrlo.mod prRrry Palm Ed sans In down roots,establish a sense of community or feel a ,.o.waaccancrial vocal.taa:<caap.ara e.elrgwevp Mau can,a►.al,aa .rrn sense of belonging. They are here short term to enjoy bias the beach and the many attractions and activities the City offers,But aside from the potential revenue they generate,they also bring some baggage. Their stay may be limited,but the impact of their stay is felt in the added burden placed on city services afforded the residential neighborhoods that were never zoned for multi-family occupancy. For instance,trash is collected once a week and recycling every other week During season,trash and recycling containers overflow with the detritus of tourism. Additionally,visitors do not understand the recycling requirements-so those bins contain non- recyclable materials,complicating an already overburden and expensive undertaking. Traffic and parking in residential neighborhoods presents another challenge as does excessive noise and the comings an goings of strangers.Ali of which increase the uncertainty and anxiety homeowners face in addition to worrying about hurricanes and tropical storms. In short and to conducts what is in it for the residents and what is their cut of the profits earned at their expense? t Start a petit knof void own rrn pat km'bran taxa x.`d tact Start a petition 5 ■th wt1yoo=the arn' From: Lao To: W. Mille: Subject: Fwd: Petition to Counter STRs in Croatan Date: Tuesday,January 26,2021 10:52:20 AM For STR record. Sincerely, hDao Sent from my iPhone. From:John Mannarino<manoreno1955@gmail.com> Sent:Tuesday,January 26, 2021 7:39:45 AM To:galcarazvbpc@icloud.com <galcarazvbpc@icloud.com>; Hoa N. Dao<HDao@vbgov.com>; johnhcoston@gmail.com<johnhcoston@gmail.com>; branch.oliver@gmail.com <branch.oliver@gmail.com>; horsley_don@yahoo.com <horsley_don@yahoo.com>; mainman@inmanstrickler.com<mainman@inmanstrickler.com> Subject: Petition to Counter STRs in Croatan 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. Commissioners, The attached link will take you to a petition to prevent any further STRs from being established in Croatan. I would ask that you weigh this against the desires of a few investors who are lobbying for additional properties to be granted CUPs.. Croatan wishes to remain a residential neighborhood, reflecting the meaning of the word residential, and not become an extension of the resort district. http://chng.it/gFTGtmwW Thank you for taking the time to consider this petition. Respectfully, John Mannarino Croatan Stay Thirsty My Friends! Countering Short Term Rentals .ken W inch stet i th s ratsba+to tips isms of crssion Us& Wiwi signed td Left pet tD loffi tw ptbr ill- ana f Ws= .111.11111.1111111.111 To borrow from an old saying that one man's trash is 1 Jotn Nt.n�tfo f v.act tort r4s r another man's treasure,so it goes that one person's profit is another's pain Simply put.STRs benefit the property owners and managers,but at what Lest name expense to the neighbors? Erma Why thou Id individuals who moved to a residential virs.,a Dosch,13451 .01 rsissil neighborhood with expectations of peace,quiet, le Mahn privacy,and permanence suddenly have to endure if.DaWr sty na„s ErneLl.n.•4 t•a transient visitors,whose expectations are quite PAR` different from long term residents 21 alga tin pertrtion 4 warm,rw amyl cr..gnnnfa Tans Patrons of VRBO and AirbriB d€m't come here to put ul..r,rics um!atn.cy goes,tad seam to down roots,establish a sense of community or few a "°""'°`''a°"a'Irma about =sac" as+.3f•rpwn7 Yost con orrathC74�+are sense of belonging. They are here short term to enjoy Ur. the beach and the many attractions and activities the City offers,But aside from the potential revenue they generate,they also bring same baggage. Their stay may be limited,but the impact of their stay is felt in the added burden placed on city services afforded the residential neighborhoods that were never zoned for multi-family occupancy. For instance,trash is cotlected once a week and recycling every other week During season,trash and recycling containers overflow with the detritus of tourism. Additionally.visitors do not understand the recycling requirements -so those bins contain non- recyclable materials,complicating an already overburden and expensive undertaking. Traffic and parking in residential neighborhoods presents another challenge as does excessive noise and the comings an goings of strangers.Ali of which increase the uncertainty and anxiety homeowners face in addition to worrying about hurricenes and tropical Storms. In short and to concludes,what is in it for the residents and what is their cut of the profits earned at their expense? iStart pettiest as'you atm tries ptslpt=starlit tlooa up ant that Start a petition =lion Y I yew.=the safe? 131 https change.org o/str-vbgov-com-keep-croatan-diverse-support-short-term-rentals?utm_content=d sharecopy_27055294_er - 6 Search... P - 13 Petition• Keep Croatan Diver... File Edit View Favorites Tools Help X 6/Co 0 - For - Page w Safety' Tools Start a petition My petitions Browse Membership Q Log in aetit,on details Comments Updates Keep Croatan Diverse-Support Short Term Rentals 245 have signed.Let's get to 500! Enit Kaduku signed this petition Last name Email : Virginia Beach.23451 United States 00£ 05Z OOZ OS l 00 6 05 5Z 0 alsiy aniia ied __ 1 101 6uil 4aad 6uipr8 6uiuoZ 1.111; s ' suo6AIod-Apadoid �OZ Win �aaa}S u�8Z 1�'0£ T" _vi b pieddegg eRnuAO ai!s \ No -A d �o_ a� s5�_ Id a lit\ t - i --- , I_ lli0 o ,� _ _ , , zed -- ; `IO 0 isw LZ ,„\ NO \ ail 1 - \-- AS tV4` % a\ \ a Z j � ` - �x Z . iS �1l--JL`1 a' Z 1,d - aak. -yaa i, - /., le,/7" ' /31\ 0011111110--- _cr-7 / \ vi 1111 NO \ \ i,s 1414.1 c --:) c--- ) \ 1 d Z o\ :1111111.111111.: - 14\* ---2-*9-A?...------" A v • 416,0 �.., �. I _ t 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CYNTHIA SHEPPARD [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 201 (GPIN 24280028662001). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 53,385 square foot multi-family property zoned OR Oceanfront Resort Form Based Code. The lot consists of 42 condominium units, with the applicant's unit containing two bedrooms (unit 201). 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; however, at the time of this writing, the applicant accepts 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. As of March 8, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address/unit number; however, there are multiple active STR listings for 304 28th Street without accompanying unit numbers. • Considerations: This property is located within the resort area of the oceanfront; specifically, this unit is within the Playa Rana Condominium development. The subject site lies approximately 900 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts two permanently assigned on-site parking spaces, which meet the requirements of Section 241 .2(1) the City Zoning Ordinance. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. Cynthia Sheppard Page 2 of 3 • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 201, 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. Cynthia Sheppard Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *'? City Manager:(4 Applicant & Property Owner Cynthia Sheppard Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District Beach 3. 7 city of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation / \ k \ \ Iu't Approval l 340Su ! '° vci suer' hb Staff Planner °aR °,street Summer Peebles lask,,,Rea° 3plh Suee' Location ° "--� �`" ° 304 28th Street Unit 201 °s� � GPIN ' /A' „A \.'llii----- ,o- 24280028662001 I Site Size `� 53,385 square feet r � IP 001.41.1111101 A Streets • 0111.1 WO Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North K, o t t 28th Street d Hotel/OR Oceanfront Resort ,:*.\ II' 9 %IT r South �'� ;f ,;` '� ,' 27th%:Street (alley) '. F'� ' Apartments/A-12 &A-36 Apartments =r ` e :" '`• .t et - East , "�. 2_t _ � Commercial/OR Oceanfront Resort %` ► West , Commercial/OR Oceanfront Resort 5c , , sk •Nj ' 41T. ',,,,' : 3:: - - • 1 • y, .. Sheet .< A , I , �J ,� ;� 27th veet t t � f y '., Cynthia Sheppard Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. • The property consists of a three-story, multi-family condominium building containing 42 units. Designated parking spaces are provided on-site. City records indicate this building was constructed in 1985. • Staff inspected the site on December 10, 2020 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered so this property is not eligible for the Residential Parking Permit Program (RPPP) • City Council previously approved a Conditional Use Permit for Sunray Court Associates, L.P. in April 1996 for 'Housing for the Elderly' on the subject site.This building now operates as a condominium known as Playa Rana; therefore,the previous CUP for Housing for Elderly is no longer active. • The applicant accepts 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 L::- \,-,'% \t-s0C -\, \\\ \ —' it .� , , t\k .w'r „---,tt-‘ �___, st,e-e 0.,_______ ______,. „,, .. c, ,. o �- \\______ , ,p______„___ c, _,,, ,1 : F BI" _ \ / ;) i--' 10' s. %..0•104>, oa �.N'4.t+ IM*`� r������� r t • r \ , th it d _ r STATUS t 1 Approved 25th Street j, 1 Denied {=� ' tr. tre - Q Under Review 111���. `Q Registered ', � ihStff y ,"�1�;t Current as of 03.05.2021 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 Cynthia Sheppard Agenda Item 17 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 3\ ?cW), " \--- \ ,„i\- -----',:____— Zoning History �'' \----;"-. # Request ' 1 ALT(Hotel,Apartments, Parking Garage along 27th Street) �\DR � \ Approved 11/13/2018 r/f,,�f- .i '�! fr. 2 CUP(Housing for Elderly)Approved 04/1996 %i , / !/r ;---; 3 STR(Short Term Rental)Approved 09/08/2020 \ 3 i -,.. 1:—. 1„,,-' 4 STR(Short Term Rental)Approved 09/08/2020 O G\ o ZQ�V 6 1 1. '- z,m�"°` 5 STR(Short Term Rental)Approved 10/20/2020 v - o -,_. } ; _ ` (op A42 C�1-1S 1\ A'�� ��k) \� 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 Short Term Rental request is for one,two-bedroom unit within the Playa Rana Condominium complex.The 42-unit condominium complex is located three blocks west of the public beaches of the Atlantic Ocean, an area of the City where Short Term Rental use is common.There are two assigned on-site parking spaces that will be used to fulfill the parking requirement. Furthermore, it is Staff's opinion that all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom.The applicant is agreeable to these condition changes. No letters of opposition or support have been received. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 201, 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. Cynthia Sheppard Agenda Item 17 Page 3 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. 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. Cynthia Sheppard Agenda Item 17 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021, and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21,2021 and March 28,2021. • 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 March 22, 2021 • 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 April 2, 2021. Cynthia Sheppard Agenda Item 17 Page 5 Site Layout & Parking Plan �a am s i,�� • _ --- 1 illtn street .. 4 2g n's 0x Conde ,m _ —, \—, . — \ iv- Lk assignedto � 1 —k—f aces 2�1\' 2patkng5tUnit , t stree 22' � ♦ i \ \ ' rya- Cynthia Sheppard Agenda Item 17 Page 6 Site Photos .--- ,_„_ in. ,,,,, tto,lotittb, - f / wt. I ' ''' 1 )1,,,_ -1 liN t. _.....si.:'If' I 7-40-- t: T: , - • Illasemomimomismau,"•10,....., . _. .- 16111111111*.****, -' + E.E:* lir, , ; _..._ ..:, . ...., . _ ,.;iit.;- ....,_.....,,_ ..,, '-::.--.''41,"--t• „ , .. lir .... . "* ' . N• -_,............, ". 14., .. ''' -. -- I-. UV --.• _ ', --'''''' - ''''t:'-',--'" ' '-- .47' # 4:;:'. 'I, '''',e -',:::,,7i:+:' ' , C-'...-'• ' ' ' '''' '''-'1'''',,.'-''''k.:, Cynthia Sheppard Agenda Item 17 Page 7 Site Photos 1 1 : I ori-ii-- :'''; , , , ,. .,...,..., a _ 44 ' fir , i ( � a 1i 11 414 i lk": ,\‘ '!.\A. i.of -- '.- ;10, 'mil r ,, ° a� t iirk',1411iplik, ,,,k, f+. l"-..-i;,.1 Mr.' i f�„IN ,� ;' \ PCB: z , A 4 r 4 .,,.- - .,..... . • ........ , .: ... • . , ,.,.. . , ./.,.„,„ „i„,..st, ,,,3 , ...• . , . . .°max ` . 1 „ .t ,," rt``, : .. Via; t 1. 1 - i i 1 •` - Cynthia Sheppard Agenda Item 17 Page 8 Disclosure Statement Disclosure Statemen •a . Planning&Ct?1t11nuniti, 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 Cynthia Sheppard Does the applicant have a representative? ❑Yes I No • if yes,list the name of the representative. 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 there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. SiPage Cynthia Sheppard Agenda Item 17 Page 9 Disclosure Statement Disclosure Statement (Lodi•. • .4._ , -- Plann ing& .,,. . . DevelopniMt 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 III 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 II 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 It 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 operatng or to be operated on the property?0 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 IIIIII) No • If yes,identify the purchaser and purchaser's service providers. 21Page Cynthia Sheppard Agenda Item 17 Page 10 Disclosure Statement Disclosure Statement1,43 . = 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 I 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 a 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 I No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that a I 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. Appt,ant Sig t re Print ame and Title Cy thia Sheppard/ DkJ&J 1 Date /0-at G2 0 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 12)weeks prior to any Planning Commission and City Council meeting that pertains to the applications r No changes as of I Date 13 fo pi l ; Signature ' / ird n ' Print Name ��y _ rryrtr� -e .-a 3fPage Cynthia Sheppard Agenda Item 17 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. Cynthia Sheppard Agenda Item 17 Page 12 STR VICINITY MAP CYNTHIA SHEPPARD - 304 28TH STREET, UNIT 201 _\\..A. .. , k„„ir\e \ % vil \,.\\_: ----.k.?:,21-..,_ Z____-------)._,,\----:-,- ..'2' \--.--..)'-.--t\-f6e---:- ' ''.--A' ' , . _ ....„, „.... _ , __.0 ct . 0 e � , 1? , ,. 3- - 4 i \ s _ F + l 3�t '� --- . - s •..A IL% ' 11. • t' .- ....... * i- .. ? ir, iiimini\lop :4--___:_--- c...,,,,,.„ c .. .. - if ii 1, . 1 __-_:_. fr • t -A,,,,. . ,,,,--- .,„ • ::. , ,,,6,_, . ,_ : _., 4.„....__,. \ , , .. , , ,, ., �sar11��j -fit ,it,a _ AvIr^ . ---_,. �zi, -)isir \ii\ _... tre. �t S � • 1l}fh.�l STATUS •�ti ` Approvede6 _, A ii---: Denied � ' `�1'� ,f tr 1,\;,,: 6 tr_ ,‘ 0 Under Review 2 64cRegistered • 0. \ \ _- Updated on 03-05-2021 Item # 17 Cynthia Sheppard [Applicants & Property Owner] Conditional Use Permit (Short Term Rental) 304 28th Street, Unit 201 February 10, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for a Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. 1 Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE • Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 2 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 201, 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. 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 A.s. ce 0 ---A 1111.17:t toMpo \li _____ , i 0 1111 i \ % 1 -‘' re ''-) w P\ 0 i ' ii *i• z \f• L , N p ceue �pac�f Loo � Cs� 1X- - Ili pienue �- O pacific' i - 1O a i N IC \ si --1-"-Ilik \ V.„-\_3 * \k \ _______,,\ 0 1 \ 40, • I \ __ , ‘ 0 ,01 \--- c.,, \e _ __ci II %_ o � `,�"�=N to _ N = .1:4 a ws- \ N 111 L t‘, :(:) ' V ..4 \ _re ,,, E ::- o \ .11.; ' ...t C4 all E a) \ 0 ' AP, % ,„" o, = 2 s ggpm co .- a to ow t4 w , - .,‘• „At . . >, — 0 \ gii', \_ 00 ce Pi Tr li,,, • S_ Q ` o O C4 ` M - '. '‘ -iweill ,•001 r- r. ,......,-, r , c:3 ...._ .p.„. ippli 1 . Menu cn ', ,Arctc A A 10 i!a I I Vs _12. fir► 5 100- 0 �° o O � T _ N/".... .- ---------4A cn d N m CL ,....-ik , o 0 � tt9 CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: RYAN SUMMERS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 113 (GPIN 24280028661012). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 53,385 square foot multi-family property zoned OR Oceanfront Resort Form Based Code. The lot consists of 42 condominium units, with the applicant's unit containing two bedrooms (unit 113). 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; however, at the time of this writing, the applicant accepts 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. As of March 8, 2021 , Host Compliance shows no current STR advertisements associated with the subject address; however, it does list a last documented STR stay of 185-365 days. • Considerations: The property is located within the resort area of the oceanfront; specifically, this unit is within the Playa Rana Condominium development. The subject site lies approximately 900 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts two permanently assigned on-site parking spaces, which meet the requirements of Section 241 .2(1) the City Zoning Ordinance. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On February 10, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Ryan Summers Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 113, 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- Ryan Summers Page 3of3 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. *-7 Submitting Department/Agency: Planning Department City Manager:t4p INB Applicant & Property Owner Ryan Summers Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District Beach 18 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 0111 t. Approval t torkoi;e.' Staff Planner 4111%,. Summer Peebles 4 . tt i lf. vot 1 • Location 20,s s°L 304 28th Street Unit 113 GPINf 24280028661013 0 Site Size i III10 � 53,385 square feet • �► ' 0 A Street 7'N. � .101 • Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North .t.�r, " aA — F 28th Street ,�� ,� . ° x' _ Hotel/OR Oceanfront Resort a ^ " `ilk D South . ~i �„•n-' 1, — .ice G- •l 27th%Street (alley) ** 1 : =r `:a Apartments/A-12 &A-36 Apartments ,: F 1--, " ,, _ m East , Commercial/OR Oceanfront Resort \ V 1 !' }., * .14 Lr West er , .27L�,,5s Commercial/OR Oceanfront Resort " �t ��' a` t...J . ‘ 1.66) .\ Allrgr.., f •�-4 _i mom• A* '-� 2,n"5treL F. tlotto4 aiiii. ,. ,Mena`4.4 to L 2.n"St" r � Ryan Summers Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. • The property consists of a three-story, multi-family condominium building containing 42 units. Designated parking spaces are provided on-site. City records indicate this building was constructed in 1985. • Staff inspected the site on December 1, 2020 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered so this property is not eligible for the Residential Parking Permit Program (RPPP). • City Council previously approved a Conditional Use Permit for Sunray Court Associates, L.P. in April of 1996 for 'Housing for the Elderly' on the subject site. This building now operates as a condominium known as Playa Rana; therefore,the previous CUP for Housing for the Elderly is no longer active. • The applicant accepts 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 3 th O t, tt qal 2' 111�111� tot L STATUS Ol 400111 O Approved .490 r 25th Sweet 1 • Denied ,y1 tF �`• 1t.6, Q Under Review uA Registered �►h t 1 Current as of 03.05.2021 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. Ryan Summers Agenda Item 18 Page 2 • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 n, __,i \\ �y A` -3 'k)A\_________ �. � 1 �6R 3 \--- Zoning History ---- -— # Request ,i—ie i,..t0 R 1 ALT(Hotel,Apartments, Parking Garage along 27`h Street) Approved 11/13/2018 R ', � �//��,��'1' feet e �/�' � ��i// 21 2 CUP(Housing for Elderly)Approved 04/1996 �'� //�/' OR 3 STR(Short Term Rental)Approved 09/08/2020ii c '�� '� 4 STR(Short Term Rental)Approved 09/08/2020 ,J ° „ r f 4 A�e s army"°` 5 STR(Short Term Rental)Approved 10/20/2020 10 s A.12 - 1�,�\� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation & Recommendation This Short Term Rental request is for a one,two-bedroom unit within the Playa Rana Condominium complex. The 42-unit condominium complex is located three blocks west of the public beaches of the Atlantic Ocean, an area of the City where Short Term Rental use is common. There are two assigned on-site parking spaces that will be used to fulfill the parking requirement. Furthermore, it is Staff's opinion that all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions reflect City Council's Short Term Rental revisions by reducing the number of rental contracts 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. No letters of opposition or support have been received. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 113, and the Short Term Rental use shall only occur in the principal structure. Ryan Summers Agenda Item 18 Page 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(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. 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. Ryan Summers Agenda Item 18 Page 4 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021, and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25,2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28,2021. • 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 March 22,2021 • 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 April 2, 2021. Ryan Summers Agenda Item 18 Page 5 Site Layout & Parking Plan t a. 2 ' w;2gth SL 9 S Street 3042 �` om�n'Un's -.•i11 Conti k.�\—�-- 1 , i►_ t / t01l" - dto — ,::1' -; aces asssgne y ..•-r" �� `" -A-V 12 parkingnptreet Unit 113 Ryan Summers Agenda Item 18 Page 6 Site Photos . • ....*„.... _ - • II., :• ' — g I e 1 . 2! , . t Ilifi li 41al 4 . ... . - I i.,,,,i,i'i'...:.. . ..11.1, I I) 1 ' '- . ' . , I 1 ik, , . A • • +p,:etftl•II'''f A -.,:',..? — . :/: ''t j'A'1!,•,, . _,, :".,' 14. • a - . I ' ''' • • 1 , , ' .A;15011#1,Afi, '40,,. .i',A:11',1 i 1, k , 4., . .. -- , , .. ; 4 . ,.,„4, . ,._, • ., , .4;„.. . . , i, , 1 , e4t ..,\ , ,,,,sei4.,"ii.• .0'4'4,1;1- '.'i-,. 1 ?i i ' i. ,,, , .. , N /, - , ,--. ...,..-.. .. ...47, - ...t, ( .. -,c,, _it iii.slit 1, .• A ..,1 pt f t. . •.. , . . i -.4 1...' ..., •'Vttt *--_ ' ' 1l1 1 s % % • L. . -4•.;.•..1 i '-).. .t • , ,,.', .•i . -‘-' . . ..,, -... ' , '_. '-.--;,4-i-,,.,-;• r , ''...!--•.?"-'-...`,,,,.; ', -- - 1 - * , . ._ . Ka •• •• _ ....... __ ,.. .. . : ,...„ ,.._ _ , ,, . . - . .- : - - " ' -..*,- ,• -.-. . .. ''''7.'- ' .- •''' •.% ''. ":"4. ., '‘' ft -04,_ , ' l• ' - .,,iy,,,,,i,•i- '-''''' • . -- - _ . gr ':. —. -'—''- - - -. ''' -- „,--' ..--; ' .•. 4- . - ,. , . • ,..., . .1-:, " • . _ . ... Ryan Summers Agenda Item 18 Page 7 Site Photos • �� ^�, / • Ttort • Ryan Summers Agenda Item 18 Page 8 Disclosure Statement Disclosure Statement A3 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 Ryan Summers Does the applicant have a representative? ❑Yes ® No « If yes,list the name of the representative. N/A 1s the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes II 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) 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. 1I Ryan Summers Agenda Item 18 Page 9 Disclosure Statement Disclosure Statement 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 II 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. Atlantic Bay Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 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 •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 in 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 purchasers service providers. ? '. Ryan Summers Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement 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 1 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 ■No • If yes,identify the engineerjsurveyor/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?0 Yes U 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. t JL Applicant Si nature Print Name and Title 7m Ryan Summers Date II-►G-2GZG Is the applicant also the owner of the subject property? 111 Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/AU disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes az of Date ' 1 J Signature -' f Print Nam* 3 Ryan Summers Agenda Item 18 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. Ryan Summers Agenda Item 18 Page 12 M t-i z rt - • O Q -t,ante p,�v c ,- �- __-,, — CV ›- = ---_-_-. .--- - 'l .2\ , 41...iik , . ..j • ---\, N00 '11111 \ 0 M O U ll- .___i_r.,,, \ ,,Dtcrot i.\W. % .011°' 4 co el 4011.1, + 7.3 ': ;:c Zia ifil' 4...- A 0 , 11,t,' ____S-- co ccCC v) Jf� y�M uo41' D 40 \ 2 ___ _---c \--\ „,- cc.___,:i7. v) ):j vok.,& z #�' . >- 11111,---A cc --- O N N 1-1:--1:TA. 1 ' Q c -O D Item # 18 Ryan Summers [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 304 28th Street, Unit 113 February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. 1 Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE • Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 2 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 113, 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. 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. 4 113' \, e ,�04 1 111V11-- t �1 \ \ 11\° 101% r A36 \\•%) R5D \ \�\ * R5D f)\ v G 1, R5D0 01 11 10- Wil°°°--:- ' ..." \ Al2 .v'�� III- dim ii. /����'",.., treat �s--- R5D 01111 �gin 0 ,% -� \ \ \, 6 t o 4 _0110•_._,11 ._ --__,1 ,,,a ___- ,,, ,\ I __ \ ,, \\ c:3\ a s_ ___ 1sv,st_ -,, - o R5D , * \ III 1 a R5D 1 ;de- ii \ 0 ' o A36 ma N viz, site Cortney Rose, Trustee of the Rose Family Trust W. ' t: Property_Polygons 721 13th Street s Zoning L J Building - Feet Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 si is `- 4 fJ� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CORTNEY ROSE, TRUSTEE OF THE ROSE FAMILY TRUST [Applicant] ROSE FAMILY TRUST [Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 721 13th Street (GPIN 24179531390000). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 5,250 square foot parcel zoned R-5D Residential District. The lot consists of one single-family home 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. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts 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. As of March 12, 2021 , Host Compliance shows no current STR advertisements associated with the subject address. • Considerations: This property is located within the Lakewood subdivision, which is a neighborhood comprised of a multitude of housing types and a few scattered commercial uses. The subject property sits within a neighborhood block containing single-family dwellings and duplex dwellings. In addition, the site lies approximately 3,200 feet, or .6 miles, from the public beach of the Atlantic Ocean and 2,200 feet, or .4 miles, from the Virginia Beach Convention Center. Because the home contains three bedrooms, three off-street parking spaces are required; however, the existing driveway configuration can only accommodate two spaces without impeding a city sidewalk. As a result, the applicant proposes to add one additional parking space abutting the existing driveway. By doing so, all three required off-street parking spaces would be accounted for and none would obstruct the city sidewalk. Recommended condition #3 was added to address this matter. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the applicant's parking configuration and deemed it to be Cortney Rose, Trustee of the Rose Family Trust Page 2 of 4 acceptable. Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report There is no known opposition to this request. ■ Recommendation: On March 10, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 - 0 1 . The following conditions shall only apply to the dwelling unit addressed as 721 13th 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. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be brushed concrete, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition (if applicable). 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). Cortney Rose, Trustee of the Rose Family Trust Page 3of4 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. Cortney Rose, Trustee of the Rose Family Trust 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6-K / City Manager: NBApplicant: Cortney Rose, Trustee of the Rose Family Agenda Item Trust Property Owner: Rose Family Trust 9 Planning Commission Public Hearing: March 10, 2021 Virginia Beach City Council Election District: Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation r 0. 0' Approval ��,�` ,01 Staff Planner I. William Millerr IW-jkillill):111111.11111111.111it\ Location • �� li 721 13th Street i� GPIN .r;-r-�. �,..�► r_ Site Si 24179531390000 r / / r .3'11M1 Site Size * 5,250 square feet ��1110' Existing Land Use and Zoning District •� ` Single-family dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North - Single-family and duplex dwellings/R-5D I - Residential South 13th Street Single-family dwellings/ R-5D Residential East Single-family dwellings/ R-5D Residential West c i. ‘ t v. Single-family dwellings/ R-5D Residential ., �.., •'> F %. r v Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • This 5,250 square foot lot is located within the R-5D Residential District and contains one single-family dwelling. • According to City records, this home was constructed in 1984 and contains three bedrooms. • Because three off-street parking spaces are required by Section 241.2 of the City Zoning Ordinance, and there is not enough space within the existing driveway to accommodate all three required spaces without blocking the city sidewalk, the applicant is proposing to add a third on-site parking space to the west of the existing driveway, as shown in the Site Layout and Parking Plan section of this staff report. In addition, the applicant indicated their preference for the use of concrete as the surface material for the expansion; however,the Zoning Administrator has historically preferred the use of a more permeable surface material. Nevertheless,the Zoning Administrator approved the applicant's plan, but left open the possibility of working with the applicant to find a more permeable material. Along those same lines, the western side of the driveway contains a larger area to accommodate the third space when compared to the eastern side of the existing driveway, and the eastern side contains a 5-foot drainage easement. Placing the expansion on the east side of the driveway,without also expanding both the north and west sides, appears to produce an overlap of parking areas or cause one parking area to impede the city sidewalk. Ultimately, less additional parking surface would be needed by placing the addition on the west side of the existing driveway versus the east and would prevent parking improvements in the 5-foot drainage easement. • Staff inspected the site on January 19, 2021 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. • Known Short Term Rental activity/As of 03-01-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts 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. Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 2 Short Term Rentals in the Vicinity Uter--- ' ` l ,.......„5 isi V. ima ilirt iii i�4P' 0 d ** ats_maw.�a t „-0 :,,Z // A 002•114 axitri. q ,,/ tilitu 111. ,4 \--fl STATUS - e Approved en" GOs -(n Li • Denied . `` r� w 0 Under Ree�+ ` t ti1� Olt Q Registered 1-4-1 Map updated on 03.12.2021 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 as per city records • 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: 2 (1 additional on-site parking space is proposed) Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 3 p D 6 \\NC----\\'-\ \ \_5_ 'V3 0 \'-3 -38' O r0 / a'r• `D Zoning History 0 � Q.,\ # Request n,z�y� 1 NON(Expansion to a non conformity)Approved 1 ,��4�,� 11/25/1997 A �0 2 NON(Expansion to a non-conformity)Approved „wsu«` 06/14/2005 0 OvD, C3°\ \,c2, --r----4—\\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This property is located within the Lakewood subdivision, which is a neighborhood composed of a multitude of housing types with a few scattered commercial uses. The subject property sits within a neighborhood block comprised of single- family dwellings and duplex dwellings. In addition,the site lies approximately 3,200 feet, or .6 miles, from the public beach of the Atlantic Ocean and 2,200 feet, or.4 miles,from the Virginia Beach Convention Center. Because the home contains three bedrooms,three off-street parking spaces are required; however, the existing driveway configuration can only accommodate two spaces without impeding a city sidewalk. As a result, the applicant proposes to add one additional parking space abutting the existing driveway. By doing so, all three required off-street parking spaces would be accounted for and none would obstruct the city sidewalk. Recommended condition#3 was added to address this matter. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the applicant's parking configuration and deemed it to be acceptable. Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and 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; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 721 13th 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. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report.The proposed surface material type shall be brushed concrete,or a substitute material approved by the Zoning Administrator.The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition (if applicable). 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. Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 5 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 February 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021, and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21,2021 and March 28, 2021. • 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 March 22, 2021 Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 6 • 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 April 2, 2021. Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 7 Site Layout & Parking Plan 37.50' • • 9' x 18' Parking space 8.2' Proposed driveway . . o addition 20A FRUIV,,//10; SHED 261 4.'' K ry co U Z Ko Ax tG > , 20 3` __ 5-foot drainage easement 33' .. � 3 40.0' 20° • OP , 7 1 2 a 7 2' I. . _ .-. C ho' 13th Street Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 8 Site Photos N -. \ P, p of . i :- ; ,' • t - -- rya < ,r4ttli • . ,1..f. j,f----* -.. - .. , -- ,,,k - . ' 4..,-. , 4 ' p t " i 721 13th Street Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 9 Site Photos v r . ____ ___ _____ . .. ., , 4 I Z. 4,4,1 1 I 'o ` ti.► atia. . -_ -, E h �_ ,. • ii• -ii ______,, ! .. ,; ' - i ____:____..., _ _ , - I• �__ ° i„ 1 k -1.. Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement 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 Cortney Rose,Trustee of The Rose Family Trust Does the applicant have a representative? lP Yes 0 No • If yes,list the name of the representative. Cortney Rose;Chris Rose Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?II Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The Rose Family Trust with Cortney and Chris Rose as Trustees • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a 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. 11Page Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement • Planning&Community Developme4 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 I 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. US Bank Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes UJ 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 I 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 I No • If yes,identify the purchaser and purchaser's service providers. 2Ipa$e Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 12 Disclosure Statement Disclosure Statement Ca y of Virginia b•ah 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 II No • If yes,identify the construction contractor. 7. Does tie 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 III 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 ®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. Ven.fn ---.-._._..---- Applicant Slgna Cortney Rose,Trustee/Owner Print Name and Title 10/19/2020 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 '7 No changes as of Date 03.17.2021 signature W�a%cAM't/Miller Rim Name William Miller 3IPage Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 13 Disclosure Statement Disclosure Statement ' Planning&Community Development Owner Disclosure a- ` Owner Name The Rose Family Trust Applicant Name Cortney Rose,Trustee of The Rose Family Trust 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) The Rose Family Trust with Cortney and Chris Rose as Trustees • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) N/A 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. °"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 art 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. Wage Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 14 Disclosure Statement 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. US Bank 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 real estate broker/realtor. 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 IF No • If yes,identify the f;rm or 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 • 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 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?❑Yes It No • If yes,identify the construction contractor. 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 engineer/surveyor/agent. Wage Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 15 Disclosure Statement Disclosure Statement ('ty t!t !WA Planning&Community Development 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 Ill No • If yes,identify the name of the attorney or firm providing legal services. 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 body or committee in connection with this application. Owner Signatur Cortney Rose,Trustee/Owner Print Name and Title 10/19/2020 Date Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 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. Courtney Rose,Trustee of the Rose Family Trust Agenda Item 9 Page 17 1- W W CC r AllG_ T_ Litry. _ �ti'�. 'St ro TT ' • veil -~- \ L� 'I *k = ram. a r Ojos ,III �11•` 1111M l` ',mow 0tit . .�, t „ l CC \'' . � _ ; wir r 111 -1-,t0 i Nj Q ` � � ii -ihtt.±:,'!------ itallivi,,' L --I-iiiiq 1 J 1 N,' vit.„ Sit- 1 o 31111--,----- 1146 '' 1 III ' g ‘.\ 1 . Ali` _ii,-* Itla - .. 0 - %../ A-------- .....„ 00)____.„ 1,...iistiolli.,.._,___,,,_-:,i----it 1 3 a) co w , ______---H. eta . „....mn ,--- \ . \• ` li r I �.� w . ) o - TOL ' 1� ,�.� .. 11. CC 1*Or \ • -P—e-O-fie ipI? — .\ /.'N. - w cn > Q W • \ i `- ` . Q 1- CC 0 U Item # 9 Cortney Rose, Trustee of the Rose Family Trust [Applicant] The Rose Family Trust [Property Owner] Conditional Use Permit (Short Term Rental) 721 13t'' Street March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Thank you, we move on to item number nine. Ms. Sandloop:Agenda item number nine, Courtney Rose, Trustee of the Rose Family Trust. It is an application for a Conditional Use Permit Short-Term Rental on property located at 721 13th Street located in the Beach District. The applicant, or the applicant's representative is here. Mr. Dao: The applicant is a virtual speaker. Mrs. Rose, if you can hold for three seconds and you can begin your comment. Mr. Rose: My name is Chris Rose, I am actually Courtney's husband. I apologize, my wife, we have a newborn, and so she is preoccupied at the moment. My wife is from Virginia Beach, so, she would definitely be better to do this. My in-laws live in the area, as well as my sister and brother-in-law. I think the only thing that I would say, I heard the conversation this morning. Our intent is actually to occupy the house, but that got interrupted due to, kind of business changes related to COVID, but that is still our intent. We were advised to kind of go through this process because of the Ordinance that is coming, just to kind of give ourselves some options as the vaccination gets distributed here, and we figure out if we can still make the move. And, the only other thing I think is relevant based on the conversation this morning, we have actually already contacted a contractor and are kind of moving forward with pouring that slab for an additional work vehicle. I did hear the conversation that was recommended to have pavers, we are fine with that but just so that everybody's on the same page, our intent, we need that third parking spot regardless of the Conditional Use Permit. And, we have already begun moving forward with that. I think we can probably pull the plug and change it to pavers that was recommended to us. But that is moving forward. That is all I really have. Mr. Weiner: Does anybody have any questions. Ms. Oliver: Mr. Rose, just for clarification, I just want to make sure I heard you correctly, did you say, so your intent is to live in the house? Mr. Rose: Yeah, correct. The only reason we are really doing this is just to keep our options open. We were fully intended when we bought it in May of last year to move out 1 there. My work was relocating me to open an office in the area, as well my wife, and we are both reservists in the Marine Corps, we have lined up kind of our billets at McTague, Fort Story, that kind of got thrown for a loop as you guys know, and so that got hit on pause and they have a new board coming and so we are letting that play out and letting the vaccination happen, but the intent and the indication from my work is that everything is still in the plans, it is just a matter of getting some certainty back here when the vaccination and everybody goes back to work. Mr. Weiner: Okay. Any more questions. Ms. Oliver: I just want to follow up on one thing. Mr. Rose, so, I am just trying to figure out. I get all the vaccine and the virus and stuff, so, is your intent to just, you are going to stay in the house and therefore, the CUP, you were applying for it because you thought you were going to move and now you are not and now you are going to stay in the house? That is the way I am understanding that, and so you are not going to rent it as a short-term rental is that, or you are just using it as just in case? Mr. Rose: We do not occupy the house right now. Our intent was to move into it when we purchased it, and those plans were foiled so this was something that, again, we had to find tenants pretty quickly, which put us in a bit of a bind. So, this was something again that was recommended to us, just given the uncertainty and situation but our intent is to move into the house, and the only way we would operate as a short-term rental would be if we were coming out to visit my family during the summers, which is where we are right now. So, our intent is to move to Virginia Beach with two young kids to be close to my wife's family. It has just been interrupted by what's going on in the world. Ms. Oliver: So, where do you live, where are you now. Mr. Rose: Sure. We are in California, Camp Pendleton, we got off active duty and so we live out here, but again we both work in the area, my wife is obviously on maternity leave, but the business that I work for is a government contractor and we were moving out. I jumped at an opportunity, to kind of, with us having the young kids a two-year-old, get closer to family. And so, that is where we are at right now. Ms. Oliver: So, Mr. Rose, I assume you currently own the house, correct. Mr. Rose: Correct. We bought the house in May of last year with the intent to move out in July. In late June, we found out that the office was not going to be opening and was being postponed. And, that also our quarters for our reserve unit were suspended, but we quickly scrambled to put tenants in the house. Again, my wife is from the area with plenty of network over there that helps us out, my in-laws and her sister and a lot of friends. And, then with a newborn coming, we still have tenants in the house, but the intent is to move back out there this summer as long as everything goes according to plan. But the uncertainty, and kind of the position we were put in, last year when the timeline that is being put on this ordinance, we 2 were kind of recommended by a real estate agent who said, hey, you should do this now to kind of keep your options open. Because again we ended up in a bind and we want to make sure that it does not put us in a financial situation that we cannot support. Mr. Weiner: Thank you, Mr. Rose. Hold on a second, Ms. Klein has a question for you. Ms. Klein: If I may clarify that for the group. They are currently based in California. The intent was to relocate to Virginia Beach last year when they purchased the home. The plan to move Virginia Beach was put on hold because of COVID. They still reside in California, they still intend to move to Virginia Beach, but in case things remain in flux, they would like the flexibility to use the home as a short-term rental until they are able to officially relocate. That is what I am hearing. Mr. Weiner: Any other questions. Mr. Rose, I have a question for you. Do you recently or do you actually have a management team or a property manager right now? Mr. Rose: We do, we have a local property manager. And as I mentioned, my father-in-law is retired Marine Corps, so, he pretty much runs it for us, but we do have a team there, as well a handyman, and a cleaning crew because we already had to turn it over one-time for renters. Mr. Weiner: Okay, thank you sir. Any other questions for Mr. Rose? Thank you, sir. Alright, there are no more speakers. Mr. Dao: No speakers on this item. Mr. Weiner: Okay, so, we will close this and start discussion. Ms. Klein: Can we check with Will to see if it is been posted and used as a short-term rental. Mr. Tajan: We actually have that information, the property has not been posted or listed. Mr. Weiner: Mr. Tajan, we do know that he has not rented this as a short-term rental. Mr. Tajan: That is correct, it is not listed on any of our platforms. Mr. Weiner: Okay, it is not listed, I understand, but do we know that he has actually not used this as a short-term rental, Mr. Tajan: That is the information that we have available to us. Mr. Weiner: Okay. Alright, we are open for discussion. Mr. Alcaraz. Mr. Alcaraz: Well, I was okay with it until you guys wanted to discuss it, so, we are going to talk about this driveway. So, I would like to know more on consistency and what your concerns are so I am on the same page, because I was looking forward to, again, I had no opposition contact me either by email or phone. And, like I said, I always try and help the neighbors, and I did not hear one word from anyone. I would like 3 to have, but I have no way to say that I cannot move forward with this until you guys just brought up the driveway. Mr. Weiner: I was, I like that word consistency. In my being consistent with our ordinance that we are passing along voting on today, it actually says impervious surface, that concrete is not consistent with what we are trying to pass along to City Council today. That is why I brought that up. Mr. Alcaraz: My concern with that is, this is not in the Overlay District and we haven't voted on it and so that is why it is not consistent with what we are planning to do and so I kind of went forward with approving it. Or recommending approval. Mr. Weiner: Mr. Wall. Mr. Wall: So, it does just appear to be consistent with what we are, I think we have approved some with additional driveways and is this the right thing? Are we forcing people to tear up their yards? It is kind of a secondary impact, is that we are forcing them to add a parking space and impact the character of the neighborhood by increasing the imperviousness, just in their front yard. I think that is just what catches my attention. We have two applications kind of like this, the other one's just kind of in addition, I mean my own house, I had a driveway, the driveway got expanded, not much different than this one. My front yard is a little bit wider, but I think it was worth a discussion. It catches your attention when 50%of the frontage was parking and now 75% of the frontage is now parking. So, it just grabs your attention, Mr. Rose stated that they may expand their driveway no matter,they can do it by-right. For me it just grabbed my attention right off the bat, then it could impact the character of the neighborhood. Mr. Weiner: Okay. Mr. Inman. Mr. Inman: I think the aesthetics of the driveway expansion is more important than whether it is pervious or impervious frankly, and if it is already impervious, then to add a gravel bed next to some concrete and that does not look good, neighbors are not going to like that. I am more about being inconsistent with the appearance than it is a single driveway pad that happens to be impervious instead of pervious. And our requirements are, if he is going to have three bedrooms, you got to have three parking spaces, but you could say well you could have two bedrooms and then you do not need that parking space. Mr. Weiner: Mr. Coston. Mr. Coston: I think he said that he would probably add that driveway anyway. It's a moot point. I would go along with George and move that we just go ahead and vote on it and approve it. Mr. Weiner: We got a motion. 4 Mr. Coston: Yes. Mr. Weiner: That is a motion. We have a motion by Mr. Coston for approval. Do we have a second. Mr. Alcaraz: I was recommending approval, but I wanted to be convinced about the driveway. I am leaning that way but I just did not hear enough, I like what Mr. Inman said, but I' like to hear more. Mr. Weiner: In reality,what Mr. Inman indicated is to just put a bed of rocks,that is not a suitable parking place for, it would have to be something it could be permeable asphalt, permeable concrete, permeable asphalt. There are products out there that are suitable. During our workshop we were going to get PJ Scully from the City to come and talk to us about what is permissible and what is not, what is acceptable and what is not. So, we probably still need to do that one day, but that is what I am getting at, we are sending that message to the Council on our Ordinance, I know we have not voted on it yet, but we are still sending that message to Council in the Ordinance coming up, and that is why I just kind of wanted to stick with that, Ms. Klein. Ms. Klein: This is for the big men at the table, let's say, we approve the application. It says that it has to be a permeable surface. And then they say we are moving to the property, we do not want a permeable surface, we want concrete, does that then void the permit because they are no longer in compliance, if they then were like, oh, maybe I want to do rentals? Mr. Inman: Okay, what the condition says, number three condition says "additional driveway surface will be added as illustrated in the parking plan, proposed surface type material will be brushed concrete or a substitute material approved by the Zoning Administrator. The driveway additional be placed within 90 days of City Council approval." Ms. Klein: Right, but if they do that and then down the road, say, okay,we are ready to move in,we want a different surface,which they are entitled to as owners of the property, is their permit no longer valid. Mr. Tajan: So, it is a condition of their Conditional Use Permit, if the Commission chooses to impose a condition that says the surface shall not be impervious, in order for them to be in compliance with a Conditional Use Permit, that parking space could not be impervious; they would essentially be choosing between the STR or to live in the residence. Ms. Klein: Okay, thank you. Mr. Alcaraz: One more thing. Mr. Weiner: Okay. 5 Mr. Alcaraz: Maybe I am confused here because when we were in the informal, I thought that we were going to talk about the reasoning of coming forward to us, and then being forced to add concrete or permeable or rock or whatever because you want a Conditional Use Permit for STR. I thought that is what we were going to talk about, the reasoning of, hey,we will give it to you but you got to have parking and I thought that was the topic we were going to talk about, so, maybe I misunderstood. That is why I agreed to hear it. Mr. Weiner: I was under the impression we were going to talk about what type of surface they have to have for that third space, or they can't have a Conditional Use Permit. So, we have to have that third space. Yeah. So, I mean, if that is what everybody here is okay with, concrete in the driveway, then so be it. So, we have a motion by Mr. Coston, do we have a second. Second by Mr. Alcaraz. We are ready to vote motion for approval. Ms. Sandloop:Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond is absent. Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By recorded vote of eight in favor and zero against the agenda item number nine has been recommended for approval. 6 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 721 13th 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. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be brushed concrete, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition (if applicable). 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 7 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. 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 8 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 , iy Q..____, J A24 { ,1' A18 ----\_---__-_-_--- ,,, vzs I , i -0 El ' 0 0 I ' ; R5S Al2 f---- / ___HrLI 1\\. 1' IH A18 y- \ Lands End Way o; Indian Circle 5 ) ❑ Ft ' i 0. 'Ai 2: I . , 424 __, N Richard and Patricia Hall Revocable Living Trust ��� Site �� W i l'. Property_Polygons 947 Indian Circle s Zoning Building Feet Parking Lot Drive Aisle 012.45 50 75 100 125 150 (IiI:, ....e 4.,:.:,:,:.,:::.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: RICHARD & PATRICIA HALL REVOCABLE LIVING TRUST [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 947 Indian Circle (GPIN 24178357060000). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 3,829 square-foot parcel zoned A-12 Apartment District. The lot consists of one attached townhome 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. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts 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. As of March 12, 2021, Host Compliance shows no current STR advertisements associated with the subject address. ■ Considerations: This property is located within the Indian Circle Townhomes subdivision, which was platted in 1975 and contains 28 townhomes. Because the subject address contains three bedrooms, three off-street parking spaces are required. To accommodate this need, the applicant submitted a parking plan showing three designated areas within the existing driveway. The first two proposed parking areas are arranged in a typical pull-in/back-out fashion and meet all dimensional requirements of the City Zoning Ordinance. The third parking area is positioned in a parallel manner and is located directly behind the other two spaces; however, this parking area does not meet the minimum length requirement for a parallel parking space, which, as noted in Section 203(b)(1) of the City Zoning Ordinance, is 22-feet. In this instance, the applicant's proposed parallel parking space is 9- feet wide by approximately 17.6-feet long. The applicant was made aware of this matter and attempted to reduce the bedroom count through the City Assessor's Office, however, this request was unsuccessful. As a result, the city's recorded bedroom count remains at three. Because of this, and since there appears to be no commercial off-site parking space opportunities within '/ mile of the subject Richard & Patricia Hall Revocable Living Trust Page 2 of 4 property, the applicant is moving forward with the request as-is and will be asking the City Council to approve the parking plan with the noted parallel space deficiency. If the applicant's request is not granted, he is willing to discontinue the use of one of the bedrooms and is prepared to accept any condition imposed upon the property by City Council, if they see fit to do so. Because of the parallel parking space length deficiency, the Zoning Administrator found the proposed parking plan to be unacceptable, as allowed by Section 241 .2(1) of the City Zoning Ordinance. Nevertheless, the remaining requirements of Section 241 .2 of the City Zoning Ordinance 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. There is no known opposition to this request. • Recommendation: On March 10, 2021, 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 947 Indian 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. 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. Richard & Patricia Hall Revocable Living Trust Page 3of4 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. 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. Richard & Patricia Hall Revocable Living Trust Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: I1VBApplicant& Property Owner: Richard and Patricia Hall Agenda Item Revocable Living Trust Planning Commission Public Hearing: March 10, 2021 City Council Election District: Beach Virginia Beach I Request Conditional Use Permit (Short Term Rental) Staff Recommendation - .: Denial cp. ,St„veer 3 ti Staff Planner q____.t. 1"�5re' William Miller ; p♦q rats D" Y e 9 9. y Location n 1, „II steer Y+ 11 947 Indian Circle L" 90 Street O rYvop pa,' r. A0 ''4 4 10 e•Av'nue t. G PI N P° - ---- Ue A� Preserve Dnve two 24178357060000 �' � `� "a�`Po"�'t,,, • Gannet Run Wei Site Size Goose Landing t . 3,829 square feet I. O Existing Land Use and Zoning District \ Townhome/A-12 Apartment Surrounding Land Uses and Zoning Districts North , Multi-family dwellings/A-18 Apartment t[ N_ ="_ South �° Indian Circle 4F.- i. _ ; Townhomes A-12 Apartment ` ;~ ao East re Townhomes/A-12 Apartment West 1 „ s Y Townhomes/A-12 Apartment + `` • -_ Indian Circle _ 0111) ♦ tte L, ii 1b"`° - _ _ ii Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,829 square foot lot is located within the A-12 Apartment District one townhome situated within a row of seven. • According to City records,this home was constructed in 1975 and contains three bedrooms. • Staff inspected the site on January 19, 2021 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street; however, due to the configuration of the parking spaces associated with each townhome,the 900 block of Indian Circle has limited on-street parking availability. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity/As of 03-01-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts 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. Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 2 Short Term Rentals in the Vicinity < ler-- T e (00 C�-� ' C 1 STATUS { 1 • App,oved ;> i • Denied _t Under Review • - l- le! i Map updated on 03.12.2021 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: 2 Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 3 R-5S cr Zoning History a .A.1.2 # Request ;% "` 1 1 CRZ(A-18 to A-24)Approved 12/07/2004 4ov//� f 2 STR(Short Term Rental)Approved 02/04/2020 EnO Way Indian 3 STR(Short Term Rental)Approved 02/04/2020 ands e is - - 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 Indian Circle Townhomes subdivision, which was platted in 1975 and contains 28 townhomes.This neighborhood is bounded by Wintergreen Apartments to the North and Pinewood Cove Townhomes to the south. Because the subject address contains three bedrooms,three off-street parking spaces are required. To accommodate this need,the applicant submitted a parking plan showing three designated areas within the existing driveway.The first two proposed parking areas are arranged in a typical pull-in/back-out fashion and meet all dimensional requirements of the City Zoning Ordinance.The third parking area is positioned in a parallel manner and is located directly behind the other two spaces; however,this parking area does not meet the minimum dimensional requirements for a parallel parking space.As noted in Section 203(b)(1) of the City Zoning Ordinance,the minimum size of a parallel parking space is 9-feet wide by 22-feet long. In this instance,the applicant's proposed parallel parking space is 9-feet wide by approximately 17.6-feet long, which is less than the minimum 22-foot length.The applicant was made aware of this matter and attempted to reduce the bedroom count through the City Assessor's Office, however,this request was unsuccessful. As a result,the city's recorded bedroom count remains at three. Because of this, and since there appears to be no commercial off-site parking space opportunities within '/% miles of the subject property,the applicant is moving forward with the request as-is and will be asking the Planning Commission to approve the parking plan with the noted parallel space deficiency. If the applicant's request is not granted, he is willing to discontinue the use of one of the bedrooms and is prepared to accept any condition imposed upon the property by the Planning Commission, if they see fit to do so. Because of the parallel parking space length deficiency,the Zoning Administrator found the proposed parking plan to be unacceptable as allowed by Section 241.2(1) of the City Zoning Ordinance. Nevertheless, the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends denial of this request. If the Planning Commission recommends approval of this request,the following conditions are provided for consideration; however,the recommended Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 4 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 947 Indian 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. 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. Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 5 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 February 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021, and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28, 2021. • 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 March 22, 2021 • 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/BookmarkedARenda.pdf on April 2, 2021. Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 6 Site Layout & Parking Plan 33.13' 9' x 18' parking space ot M '` (90-degree space / pull- 1.6 '" LOT 22 1 in, back-out) 1, t as• • �—6' WOOD s h t FENCE (TYP) d FRAME 9' x 17.6'+i_ parking space SHED ,'CID (the minimum length for a tr r wooD .1-.Ae parallel space is 22') I 41/4>- -o. ------ lox ,.r ,.r 2 STORY SHOWS- BRK & FRM pc # 947 14 bi COMMON WALL 24.4' 1r111 w� Raised planting • tc bed surrounded by 6" concrete curb 1 2 \28.5' ^t 31 .3' 3' wide concrete . i stormwater channel Indian G'rc�e Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 7 Site Photos � T 3 t I • 1- vr���� �f,:,. t y� Y w> 947 Indian Circle Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 8 Site Photos r I A' lk t‘ti , .-- z ' 11:11 t Li . _ „ilk .. 4--- - _. .�3� i ,4 -...n, It : h • a h.. 7 . �' r k !% .,. W ` ', f .I. ' �r � -' 'ram !•eft — �`t ■ 1, i f rC • a y.bi.1 i+ i� _ ,t • .: y',... . ,i. .jit� Ix; y . e f 7!I� 3 i Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 9 Disclosure Statement Disdosute Statement Cito of1laufrsiaSloth i�,,,,,,.�, ,.... _..��; . •.�,,,� 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 RICHARD&PATRICIA hALL REVOCABLE LIVING TRUST Does the applicant have a representative? IN Yes ❑No • If yes,list the name of the representative. Katherine Loyd 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) Richard and Patricia Hall Revocable Living Trust Richard&Patricia Hall(trustees) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA 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. '"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. Revised 11.09.2020 1 I Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 10 Disclosure Statement Disclosure•Statement A1/13 c �t, •tt.�. • Manning. fi nity }A 1 • 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 ❑No • If yes,identify the financial institutions providing the service. WELLS FARGO 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?❑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 li 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. Revised 11.09 2020 2 I P d Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement lkil3 C ty of Viv..oe:8,,,± .,_,,, 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 I 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?0 Yes ii 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 ®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 comml a in connection with this application. i .7(,///,/-- Applicant Signature Print Name and Title Richard Hall Patricia Hat Date :n.`/ii74_, _ 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 ® I iod .of Nil 03-16-2021 s'r• Waii,a4wMaier Print Name ! William Miller Revised 11.09.2020 3 ( P a g a Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Richard and Patricia Hall Revocable Living Trust Agenda Item 11 Page 13 STR VICINITY MAP RICHARD & PATRICIA HALL REVOCABLE LIVING TRUST - 947 INDIAN CIRCLE , , c.,.._1_.),r-...- 1 ,,,u r / 7,,, ,/ .' r ttrs \ ,� ///' iVOTfOlk Avenue r � racer — a/ Ve ti t 4 0' 1 . 1 T o 10 G hpe4- 7-o 4 ille Nitrok\,, e i r Angler a ,idrrts'''' Loa i �i�� \\\-Tte _ etw Sir STATUS r �� I vi :i�l. ti\ _ r _ _ rrr \ ___, { Approved ' r- "` • Denied "` -"-�'��+ \lr :�=._ a Under Review / - Q Registered )(OAP- ,.- _p�� l' Updated on 03-12-2021 Item # 11 Richard & Patricia Hall Revocable Living Trust [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 947 Indian Circle March 10, 2021 RECOMMENDED FOR DENIAL— HEARD Ms. Sandloop:So noted, thank you. Next agenda item is, agenda item 11 Richard and Patricia Hall Revocable Living Trust, an application for a Conditional Use Permit Short- Term Rental on property located at 947 Indian Circle in the Beach District. Is the applicant or the applicant's representative available? Mr. Dao: We have two speakers on this item, the first speaker is the applicant Patricia Hall, followed by Kathleen Lloyd. Ms. Hall, please pause for three seconds before beginning your comment. Thank you. Ms. Hall: Yes, hello, I am Pat Hall. My husband and I live in Melbourne Beach, Florida. A year ago, June 2020, we decided to purchase a second home in Virginia Beach to be close to our daughter and her family. We also felt that it would be an ideal house to turn into a short-term rental to help offset some of the expenses, because we are on a fixed income and both retired, this would be a great help to us. We submitted an application for a short-term rental in December 2020. Although it states that it is a three bedroom house, we are only planning on renting it as a two bedroom house because we are using the third bedroom as storage, and will have a lock on the door. So, there is adequate parking for the two bedrooms and we do understand and agree that the ordinances offered two people per bedroom. We also asked that a condition be added to our short-term rental Conditional Use Permit requests that this allows that third bedroom to be used as a bedroom while home is rented for STR purposes, therefore making it a two bedroom rental allowing two people per bedroom. We feel that this is an ideal location for a short- term rental. Our home is less than one-mile from the beach and is a short walk to restaurants, convenience store, and the newly expanded Marshview Park a few blocks away with biking,jogging pads, dog parks, and a potential playground. This is perfect because we hope to rent mostly to families who choose to be away from the activity of the beach and the boardwalk. Our daughter and son-in-law who live only two blocks away will be managing and vetting potential renters, and will be available 24/7. We also received written approval, which we have included with our application, from both our neighbors on either side. Because our home is not in the proposal overlay, please take into consideration that we applied during the existing city ordinance,which is section 102 I understand. Thank you for your time. Mr. Alcaraz: Are you currently renting it right now. 1 Ms. Hall: No, we own it and we use it-well - rest of the year, we only need to rent it during the summer months. Mr. Alcaraz: Okay. Mr. Weiner: Any other questions. Okay, thank you. Mr. Dao: The next speaker is Katie Lloyd. Ms. Lloyd, you can please pause for three seconds and begin your comments. Thank you. Ms. Lloyd: Hi, I am Katie Lloyd and as my mom said, I am going to be managing the property, my husband and I, we have a newborn child and we live about two blocks away, so, we are available 24/7. Like she said, we will only be renting it in the summer months for three months. Other than that, it will be used as a family home. So, my mom and my stepdad can come and enjoy their time with their grandson and also kind of help with childcare. The reason why they did buy this house last year was because we had a new baby and they wanted to be closer to my child, but we also knew when looking at this property that we had the option to do a short-term rental. So,with that option,that really helped us decide that this would be a great second home for them along with being able to rent it out where we can help manage it. We have talked to both neighbors on either side, they have our personal phone numbers,we have their personal phone number as well. They have approved that and we told them that we were going to be renting it for those three months, they said everything was fine, because they know that we are responsible and we told them the type of people that we wanted and the type of people who we were kind of advertising this short-term rental for was for families, knowing that the size of it would be good, and as Pat mentioned, how close it is to the boardwalk but yet far enough away from a lot of the activity if they wanted somewhere quiet for the family. We will be hiring, and we do have people in mind for cleaning it, a local cleaning lady, and she is excited about having a new house to clean. Because of COVID, she has kind of lost some jobs there. Like I said, I will be available 24/7, and we just feel that this will really help my parents be able to use this as a second home, get close to family, and give us the opportunity to bring in a little bit more income for them, or enough to offset some of the costs on being close to us. So, if you have any questions about managing or anything, feel free to ask. Mr. Weiner: Any questions. No questions. Okay. Any other speakers. Mr. Dao: There are no more speakers on this item. Mr. Weiner: All right, we will close this and open it up for discussion. Mr. Alcaraz. Mr. Alcaraz: I have not received any opposition. However, I am in agreement with the City Staffs recommendation. They do not have adequate parking. She has offered to reduce the parking requirements by locking a door,which I am not too comfortable with. That is something that I do not know how the Planning Department could 2 enforce or know how. So, I will not be recommending approval, I want to go with the City Planning Department unless you guys want to talk about anything else. Mr. Weiner: Okay. Anybody else. Jack. Mr. Wall: One thing about the parking strategy is that I am not necessarily in favor or oppose at this point, but it is not the ideal. I think that the parking space that they do have it is not on someone else's property, even though it is outside of the whole entire parking space. You are showing 17.6 feet, but the reality is that the whole thing is in the right of way, but it is not in someone else's property. I just wanted to point that out, that it is not like it is hanging over into the adjacent property owners property. Mr. Alcaraz: I think the concern with the Planning Department is that for parallel parking you need 22-feet and they do not have it. That was what the concern was. Mr. Weiner: That is correct. Mr. Wall: Okay, thank you. Mr. Weiner: Anyone else? Mr. Inman. Mr. Inman: Haven't we have had situations where there has been a three bedroom or four bedroom residence and a person will say, well I will settle for only having three or settle for two, but I got more bedrooms but I am not going to use them, haven't we approved those before? Mr. Weiner: We talked about that, I think before you got here, and we were told that actually this went to the City Assessor's Office, if I am not mistaken, correct? And, the City Assessor's Office said no this is considered a three bedroom home and has to be advertised as a three bedroom home. Am I correct saying that? Mr. Tajan: So, what we use, Mr. Chair and Mr. Inman, is that we utilize what we have on record from the real estate assessor for how many bedrooms is in residence. So, the property owner has the option to try to seek from the real estate assessor to reassess to see if they can make it so that it is not a bedroom. They went that route and after their discussions per Will's staff report, and Mr. Miller is online if you would like to ask him any questions as well, but according to Mr. Miller's discussion with the applicant, that based on how they are utilizing it, it was still considered another bedroom. So, because of that, anytime that this has moved forward where there was an opportunity to reduce the number of bedrooms to meet the parking requirement, Staff has always required that it be documented somewhere, not just in this approval but also changed elsewhere with how the property is assessed so that everybody knows when they go to look at it, that it is only supposed to be this many bedrooms. 3 Mr. Weiner: Okay, that makes sense. So, if they went back to the City Assessor's Office and the Assessment Office said to them, we are only going to do two bedrooms here. They could come back for the Conditional Use Permit or how does that work? I am just asking the question. Mr. Tajan: If they choose to change to where it is no longer considered a bedroom,they could alter their application. Technically, it would be a different application so it would not be limited to the one-year period, is that correct, it would be a different application so they could potentially reapply. Typically, if the applicant has already spoken to the Assessor's Office, how they plan on utilize the room is still considered a bedroom for the, for the assessor for their city's records. Mr. Weiner: Okay. Anybody else. Motion? Mr. Alcaraz: Yeah, I make a motion that we deny the request. Mr. Weiner: I have a motion. Do we have a second? Ms. Oliver: I second the motion. Mr. Weiner: Second by Ms. Oliver. Ms. Sandloop:Motion is for denial. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond is absent. Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. 4 Mr. Weiner: Aye. Ms. Sandloop:By recorded vote of eight in favor and zero against agenda item number 11 has been recommended for denial. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 947 Indian 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. 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 5 submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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. 6 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7 i t t 1 .h scree r_____, \ --J- 1g ),1 at__ L , __,_ ri. ,, \ 17. \ 13 \ �1 R5S OR �, -)\ \ 0 ‘ ),016. 1 0 ° 1 t OR --\ \ tv A18 .� co � OR0cv \ ___ rest % =, --\ -- _ t N ° k- -- 9t % � \ li itRT3o i _,_ \ \ OR11 R5S c� \ \ �� c..\ �� N WA Site Charles K. Bain & Kathy Bain W , ( Property_Polygons 915 Pacific Avenue Unit A s Zoning Building m=====l1IIICICIFeet 0 20 40 80 120 160 200 240 1 Parkins Lot Drive Aisle ti I il f; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHARLES K. BAIN & KATHY BAIN [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 915 Pacific Avenue, Unit A (GPIN 24272444111065). COUNCIL DISTRICT — BEACH MEETING DATE: April 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 34,996 square foot multi-family property zoned OR Oceanfront Resort Form Based Code. The lot consists of a multi-family condominium building with the applicant's unit containing one bedroom (Unit A). 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 accepts 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. As of March 13, 2021, Host Compliance indicates that there are current STR advertisements associated with the subject address. The last documented stay is noted as 181-365 days. • Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental unit within the Retreat by the Sea condominium development located at 915 Pacific Avenue, Unit A. One parking space is required and one parking space is provided on-site, which meets the requirements of Section 241 .2(1) of the City Zoning Ordinance. Additional details pertaining to the application are provided in the attached Staff Report. Staff received one letter of concern relating to this request after the Planning Commission hearing had concluded. The author of the letter noted general worries relating to STRs and procedures requiring identification of STR tenants, enforcement of HOA regulations, if/when an STR has an issue requiring police calls for service, and possible nuisance violations. Charles K. Bain & Kathy Bain Page 2 of 4 • Recommendation: On March 10, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 915 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Charles K. Bain & Kathy Bain Page 3of4 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.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term 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 Concern (1) Charles K. Bain & Kathy Bain Page 4of4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:, 4i7 Applicants & Property Owners:Charles K. Bain & Kathy Bain Agenda Item Planning Commission Public Hearing: March 10, 2021 City Council Election District: Beach 12 Virginia Beach Request Conditional Use Permit (Short Term Rental) `AStaff Recommendation lot,street .,. -.\� ,,,, a Beach Houteva pproval ,f th stye ,6 m u AMOStreet Staff Planner et Summer Peebles i 1 — a Location <eke0' 915 Pacific Avenue Unit A �F Norfolk Avenue 9,hTstre` m A m -...."-feet `. GPIN Ath Street Py enue pReY 24272444111065 "a"and ue`` I` Ae1a'Nn a pY�UE �` 1 6lh sheet Site Size rotr^aA� hertu�`- /pointVenue 51hstreet 34,996 square feet Hi0'revs Avenue ; hst{eet e e Te n 4t 3---- i 3r4 street 0 9 Existing Land Use and Zoning District " _._' Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North - Duplex dwellings, commercial parking lot/OR — , St Oth �eet .' ' 4 Oceanfront Resort South nn ; 9th Street i ; D ! Municipal parking garage/OR Oceanfront t yY, # +� -- Resort # ..---.,'-�`` is East Retail shops/OR Oceanfront Resort t ' >‘ �.__. --�"_-�- g West b Pacific Avenue Alv Norto�kAven — :-ti;x _-� Off-site parking lot/OR Oceanfront Resort , ��., $ , 4 - VI E " }t.. `r 4a "viF Charles K. Bain & Kathy Bain Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel is zoned OR Oceanfront Resort District. • City records indicate that the multi-family condominium complex was constructed in 1969. • Staff inspected the site on January 19, 2021 to observe site conditions and take photographs for this report. • There is no on-street parking on this portion of Pacific Avenue. • Five Short Term Rental application requests have been approved within the condominium complex, Retreat by the Sea,thus far. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity/As of 03-01-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes Last 181-365 days Yes • The applicant accepts 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. Charles K. Bain & Kathy Bain Agenda Item 12 Page 2 Short Term Rentals in the Vicinity t1Y " ' T.--,--_--__- -- 1 - \V\ Av.: • I�•t' � / o 0s* M hSir t SOw � yet 9. STATUS elti ��,� 7���1 \\ Q Approved 0 • Denied $se$t.I*Regered _-- Q T ç%ef .-. �. r Map updated on 03.12.2021 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 16 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 Charles K. Bain & Kathy Bain Agenda Item 12 Page 3 loth Strget. \ 1 4 c /i//' r Zoning History ��� ' // \\________.\__c_ \ # Request 5 OR --- '�/' 1 STR Approved 02/4/2020 / � STR Approved 06/9/2020 STR Approved 08/25/2020 wee' Norfolk Avenue _ -'-"` STR Approved 08/25/2020 glh. STR Approved 10/20/2020 OR m \ \ 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 one-bedroom Short Term Rental unit within the Retreat by the Sea condominium development located at 915 Pacific Avenue, Unit A. One parking space is required and one parking space is provided on-site. Based on the considerations 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 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 915 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. Charles K. Bain & Kathy Bain Agenda Item 12 Page 4 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. 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. Charles K. Bain &Kathy Bain Agenda Item 12 Page 5 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 • Staff received a letter of concern relating to this request after the Planning Commission hearing had concluded. The author of the letter noted general worries relating to STRs and procedures requiring identification of STR tenants,enforcement of HOA regulations, if/when an STR has an issue requiring police calls for service,and possible nuisance violations. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021, and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • 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 March 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 21, 2021 and March 28, 2021. • 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 March 22,2021 • 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 April 2, 2021. Charles K. Bain & Kathy Bain Agenda Item 12 Page 6 Site Layout & Parking Plan Pacific ,- ': 4 Avenue e+ d li votavo iP �. r C �fs`s+gne. c G pa�king space 7 co ` rovided --., ;, " . p ilirt 1..• III 111 9tih St et Charles K. Bain & Kathy Bain Agenda Item 12 Page 7 Site Photos E ;. • d Y Charles K. Bain & Kathy Bain Agenda Item 12 Page 8 Disclosure Statement Feb 9 2021 4 56FV rNo.418' 69E-71 .�. • • = 'r° r .r z 3s¢eata , a . 3 _ I sirraa i3f - 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 L L-/ K/5 /3<►+rf / J.c // en;,/ «ll / Does the applicant have a representative? ❑Yes 0410 • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes MNo • 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 S0 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. • 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(III)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 1) Page Charles K. Bain & Kathy Bain Agenda Item 12 Page 9 Disclosure Statement Feb. 9. 2921 4:57P `?No.418 F. • 4 �a� .` ksr � •y o- • tea- - cr ** • � f :-f� -- _ - ''' r1. el o- cVA. 5 -c-r , 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 1No • 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•coiiaterallzatlon,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? ❑Yes prNo • 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 AS.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?❑Yeslo • 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 titNo • if yes,identify the purchaser and purchaser's service providers. _.. 21Page r Charles K. Bain & Kathy Bain Agenda Item 12 Page 10 Disclosure Statement 9.2 0 21 k:). 4184_ , • i 6 7 .q. s.. b4 S _...e _ _ • 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?LI Yes 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 CjeNo • If yes,identify the engineer/surveyor/agent, S. Is the applkant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes eRfhlo • 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,ens 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. 76 /4?66(''' t � ure CAW/Cr f!}i./6/A/n/flZJ 'N Print Name and Title r-2-DJDate is the applicant also the owner of the subject property7WYes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2j weeks prior to any Planning Commissior and City Council meeting that pertains to the applications i N•chaasesac•f Cr•te ? 1 I Slsnetun / / J{7 at Print Name JL3 ' 31Page Charles K. Bain & Kathy Bain Agenda Item 12 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. Charles K. Bain & Kathy Bain Agenda Item 12 Page 12 STR VICINITY MAP CHARLES K. BAIN & KATHY BAIN - 915 PACIFIC AVENUE, UNIT A ,60 ': \\,:t.-V-\'''', --' '-t) 4 so \ ‘f...i,, p) \".,, .,... %Z-- -VA .,., __ � --\71 ----st, .tte,k.-1 1 Lek i Qr vE /~ �', . 'J h f t '''-r"_ t *t � � �� sat ' +r N. ,-_.. r . ee A '., n1061 r .. uslik Aus \, \ \ „ \ Ave„,,,,,, ,,..„ . we % ��4�t' 1r It ti S t�et-_--�sa, L STATUS itylip byA •Approved �' ti L • Denied Wig �Y , ilk 1 ir $ 4- - . -''- 0Ilk \ .'1 0 Under Review `1���1��1,'� 1 % ` ,4 Registered t 't � 1 1 ` `- _: 1 t t 1 a—Y'1 1 1 1 1 x--_ w Updated on 03-12-2021 Item # 12 Charles K. Bain & Kathy Bain [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 915 Pacific Avenue Unit A March 10, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you. We are unaware of any items to be withdrawn, there are no items to be withdrawn. So, now we will move on to the Consent Agenda and our Vice Chair Wall will take that over. Thank you. Mr. Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and they are no speaker signed up in opposition. We have five items on the Consent Agenda today. The first item is agenda item number one, City of Virginia Beach resolution to schedule monthly meetings at the Planning Commission of the City of Virginia Beach for April 2021 to December 2021. Can someone from City Staff please speak on this. Mr. Dao: This is a Resolution to adopt a date of the Planning Commission for the year of 2021, basically from April 2021 to December of 2021. Mr. Wall: Thank you. Is there any opposition for this item being placed on the Consent Agenda. Hearing none, so, moving on to agenda item number three, Presmont Construction Services, an application for Conditional Use Permit for Automobile Service Station. Is there a representative for this item. Mr. Beaman: Yes, thank you Mr. Vice Chair, Mr. Chair, and Members of the Commission for the record, my name is Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions, they are acceptable and we certainly appreciate being on consent today. Thank you. Mr. Wall: Thank you. Is there any opposition for this agenda item being placed on the Consent Agenda. Hearing none, Mr. Redmond has been asked to read this item into the record. Mr. Redmond:Thank you Mr. Vice Chairman and Mr. Chairman. This is an application for a Conditional Use Permit for an automobile service station. Specifically, it is a convenience store with eight gas pumps at the corner of Pleasure House Road and Shore Drive, in the Bayside District in Northwest Virginia Beach. The site is zoned B-2 community business district, so, it is quite appropriate for this kind of business. It is a 35,000 square foot site, so, just under an acre. The applicant seeks to redevelop the site with a 4000 square foot convenience store and eight fuel pumps as I said if anybody is familiar with this neck of the woods, this site has been an eyesore for about two decades. The design that the applicant has 1 provided is of a coastal style, which is quite attractive for this kind of product and it has a very nice mix of materials. The landscaping plan is quite attractive, it includes some site improvements including sidewalks around both sides of the property, there is one that exists on Shore Drive, but that will be improved as well. There is really nothing not to like about this application. There is no opposition, the Staff has recommended approval and the Commission concurs by consent. Thank you, Mr. Chairman. Mr. Wall: Thank you, Mr. Redmond. The next agenda item is agenda item number four Grace Bible Church of Virginia Beach Incorporated. This is a Modification of Conditions for Religious Use. Is there a representative for this item? Please state your name for the record. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing Grace Bible Church on this application. All of the eight conditions as recommended by Staff are certainly acceptable. We appreciate all of staffs work on this. There was a gentleman now who was here, who is an adjoining property owner he was here to speak in favor of, I think he may still be here, but he was in favor of the application I advised him is on the Consent Agenda. He did not need to speak in his view. I understand, this morning I was here for the informal that some of you all had some questions and I am more than happy to try to address or answer them if you, if they were not answered satisfactorily to any of you or give you little bit of background if that is what the Commission desires, but otherwise we appreciate being on consent. Mr. Wall: Okay, thank you. Mr. Horsley has been asked to read this agenda item into the record. Mr. Horsley: Thank you, Mr. Wall. Back in 2017, a Conditional Use Permit was approved on this piece of property just shy of 14 acres and had six conditions, condition five stated that the parking lot must be at the current grade of the adjoining property. And, at this time,the applicant is requesting modification of the conditions to allow changes to the design and changes to the Stormwater Strategy Conceptual Plan. And, in doing this, the water drainage will change direction it is going to be going towards London Bridge Road. But, the property is somewhat lower than it needs to be to drain like it should be. So, three to four feet of field needs to be put in the property to raise it up and then the stormwater management facilities will work as is supposed to. I think this will be a big benefit for the surrounding community, the understanding the residential people in the close by will appreciate this and it will overall help with our drainage also. So, in staffs opinion, this was a good application and they deemed it acceptable. We had nobody in opposition to it, so, we put it on the Consent Agenda. Mr. Bourdon had said if anybody had any questions he will be glad to answer them, but I think everybody must have gotten satisfied with the questions this morning. Thank you. Ms. Wilson: Mr. Inman, do you have a disclosure to make. 2 Mr. Inman: Yes, I do. I have a disclosure to make and that I am on the Advisory Board of Townebank. Townebank appears to have financing on this particular property, and I do not have a position where I make decisions on loans, and I will be voting on this matter. Mr. Wall: Okay,thank you. The next agenda items are agenda items number six and seven. Dam Neck Storage, LLC, Conditional Use Permit for Bulk Storage Yard and Modification of Proffers for Mini Warehouse and this includes with amended condition number two. Do we have a representative to speak on this item. Mr. Beaman: Yes, sir. Thank you, Mr. Vice Chair, Mr. Chair, and Members of the Commission again for the record Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions with the correction and Mr. Wall noted, they are acceptable and we certainly appreciate being on the Consent Agenda. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, Ms. Klein has been asked to read this application into the record. Mr. Klein: Thank you, Mr. Wall. This property was rezoned from AG1 and 2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005, for office warehouse and storage uses. The southern parcel is developed with self-storage, the eastern half of the site is developed with office warehouse and bulk storage, and the applicant seeks to expand the office warehouse and bulk storage yard uses onto the remaining western half of the site. The applicant seeks a Conditional Use Permit for a bulk storage yard and a Modification of Proffers request to amend proffers one, two, and four that were associated with the rezoning of the property in 2005, except for those proffers,the remaining proffers associated with the 2005 rezoning remain in effect. The proposal includes four buildings with an eight foot tall privacy and chain link fence and extensive vegetation buffer, exceeds the parking requirements by 22 spaces, there is no additional driveway or access proposed. And, as it falls into within the Navy restrictive easements, the Navy reviewed the proposal and has no objection. Mr. Wall: Thank you. That was the last item on the Regular Consent Agenda. Mr. Weiner: Yes, madam my turn. Yes, I am making a disclosure regarding this decision items number six and seven, I will be not voting on address a 1441 London Bridge Road, the applicant is a client of mine. The client is Dam Neck Storage, LLC. Ms. Wilson: No, do you work for Batchelder and Collins. Mr. Weiner: I work for Batchelder and Collins at 2305 Granby Street in Norfolk, Virginia. Ms. Wilson: Thank you. Within 24 hours a written letter of abstention will be provided to the Planning Department. 3 Mr. Weiner: Thank you. Mr. Wall: Okay, thank you. So, that was the last item on the Regular Consent Agenda. The Planning Commission also replaces the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition. These applications are number 10 and number 12. Okay, I make a motion that we approve agenda items number 1, 3, 4, 6, and 7. And, for the Short-Term Rentals agenda items number 10 and 12. Mr. Weiner: We have a motion for approval. Do we have a second. Ms. Klein: I will second. Mr. Weiner: Okay, we have a motion by Mr. Wall and a second by Ms. Klein. Ms. Wilson: Mr. Redmond, there are two Short-Term Rentals on here you need to make your disclosure. Mr. Redmond:Sure, I was going to wait until we had the hearing, but it seems like it is more appropriate time. I am abstaining on not just these two items that are on our Consent Agenda, but on every short-term rental application going forward, as well as on our consideration of the new ordinance. I have a small client in the travel business called Expedia Cruises, which I guess you are going to ask me to read these addresses. Expedia Cruises is a travel agency specializing in cruises. So, if you wanted to go to Cancun you could walk into a physical location which is what I am helping them to find and book a cruise. They are located at 1066 West Hastings Street, number 900 Vancouver, British Columbia V6E 3X1, Canada, and my involvement is through my commercial real estate work with my employer Divaris Real Estate Inc. at 4525 Main Street, Suite 900, Virginia Beach, Virginia 23462. I do a small amount of work for this cruise company, they are part of a much larger company called Expedia Group, which also owns I came to learn a couple weeks ago for the first time, which also owns a couple of online booking sites VRBO and HomeAway, and therefore I have concluded that it would be inappropriate for me to participate, not just in the ordinance but in any of the short- term rental applications, going forward so when we get to that point and the Commission starts those considerations I will take my leave and leave them to do their work on their own. Is there anything else you would like me to say, Ms. Wilson. That is the last time I will make that explanation other than to say, I have on file with the Planning Department a letter that explains my recusal from this part of our body of work. Good. Alright. Thank you, Mr. Chairman. Mr. Weiner: We had a motion by Mr. Wall a second by Ms. Klein for the Consent Agenda, we ready to vote. Ms. Sandloop:Okay, Mr. Alcaraz. 4 Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop:Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop:Mr. Redmond. Mr. Redmond:Aye, with the stipulation that I am particularly recusing myself on the items with regard to short-term rental. Thank you. Ms. Sandloop:Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By a recorded vote of nine in favor and zero against with modifications to agenda items 1, 3, 4, 6, and 7, with modifications to agenda item six related to fencing short-term rental agenda items 10 and 12 have been approved nine in favor and zero against with Mr. Redmond abstaining from items 10 and 12 and Chairman Weiner abstaining from items six and seven. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE 5 Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 915 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 6 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. 7 From: William N.Miller To: Summer J.Peeples Subject: RN:Short term rental reply/today/915 A Pacific Ave./Beach Date: Tuesday,March 16,2021 5:59:28 AM Attachments: jmaae002.onq From:Hoa N. Dao<HDao@vbgov.com> Sent:Friday,March 12,2021 4:13 PM To:William N. Miller<WNMiller@vbgov.com> Subject:FW:Short term rental reply/today/915 A Pacific Ave./Beach fyi Sincerely, Hoa N.Dao,Planner III ®}IDaoIE VBGov.corn 7. 757.385.4298 mi3Planning& Community From:Thomas Bowman<bowman.thomasPgmail.com> Sent:Wednesday,March 10,2021 11:41 AM To: Hoa N. Dao<HDaoPvbgov.com> Subject:Short term rental reply/today/915 A Pacific Ave./Beach 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. We own 911C which is very near to this unit. Our comments to consider are as follows: 1) Each short term renter should provide a license and identification the same as any other motel/hotel in the beach area. This is a precaution against misconduct or parking violations as each resident has an assigned space. Also, there have been too many police visits to this complex. This would protect the rest of the owners. 2) The owner should check to make sure the HOA insurance policy covers this action. 3)The length of the renter's vehicle needs to comply with the HOA rules as our parking lot is too small to accommodate vehicles beyond the stated length. 4.) A copy of the HOA rules should be posted or given to each renter. 5. Smoking containers are provided by the HOA outside of entry ways. Please ... no smoking in the units. One renter burnt up a unit. The smoke travels all through the ventilation system. Sincerely, Janet and Thomas Bowman L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** *.***********.*..*.**************** 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. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e7801 f63fe2fl 9f5d496a920de284 7707 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 6, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/16/2021 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFINGS A. DOME SITE UPDATE Ronald H.Williams,Jr., Deputy City Manager B. CONFEDERATE MONUMENT Mark Reed,Historic REQUEST FOR PROPOSAL UPDATE Preservation Planner— Planning and Community Development C. CONVENTION AND VISITORS Nancy Heiman,Interim BUREAU SPRING MARKETING Director—Convention CAMPAIGN and Visitors Bureau Lauren Townsend, Interim Vice President of Marketing and Communications —Convention and Visitors Bureau D. FY2020-21 MONTHLY FINANCIAL Letitia Shelton,Director UPDATE —Finance II CITY COUNCIL DISCUSSIONS/ INITIATIVES IIIIIV/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y A Y Y Y Y Y YYYY VNI SESSION A-E F. MINUTES 1. SPECIAL SESSION APPROVED 8-0 Y A Y Y A A Y Y Y Y February 23,2021 B B S S 2. INFORMAL and FORMAL SESSIONS T T March 2,2021 A A I I N N E E D D APPROVED 9-0 YAY Y Y Y A YYY Y B S T A N E D G. MAYOR'S PRESENTATIONS 1. PROCLAMATION OF APPRECIATION Robert Preston Midgett,II 2. RESOLUTION IN RECOGNITION a. Deputy Chief Patrick L.Gallagher, Virginia Beach Police Department b. Maia Chaka,NFL Official CITY OF VIRGINLI BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/16/2021 PAGE: 2 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN 1-1.1. PUBLIC HEARING 1 SPEAKER PROPOSED CAFÉ FRANCHISE AGREEMENTS a. 3001 Atlantic,LLC, t/a Catch 31 Café re Boardwalk Café b. 3315 Atlantic,LLC,t/a Lagerheads Café,re Boardwalk Café c. Thirsty-24,LLC,t/a Atlantic Pints Café,re Sidewalk(Atlantic to Pacific)Café d. Chix Sea Grille, LLC, t/a Chix Café, re Boardwalk Café e. ANSHI, Inc., t/a Cancun Fiesta Café, re Sidewalk(Atlantic to Pacific)Café f Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, re Sidewalk (Atlantic to Pacific)Café g. Beachside, L.C., t/a Yacht Club Café, re Sidewalk(Atlantic to Pacific)Café h. Aqua Investment Associates,L.P.,ha The Square Whale Café,re Boardwalk Café J.1. Ordinance to GRANT eight(8)franchise ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY agreements re Open Air Cafés in the CONSENT Resort Area: a. 3001 Atlantic, LLC, t/a Catch 31 Café re boardwalk café at 3001 Atlantic Avenue b. 3315 Atlantic,LLC,t/a Lagerheads Café,re boardwalk café at 3315 Atlantic Avenue c. Thirsty-24,LLC,t/a Atlantic Pints Café re sidewalk(Atlantic to Pacific)café at 2314 Atlantic Avenue d. Chix Sea Grille, LLC, t/a Chix Café, re boardwalk café at 701 Atlantic Avenue e. ANSHI, Inc., t/a Cancun Fiesta Café re sidewalk(Atlantic to Pacific)café at 1516 Atlantic Avenue f. Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café re sidewalk (Atlantic to Pacific)café at 202 22'Street g. Beachside, L.C., t/a Yacht Club Café re sidewalk(Atlantic to Pacific)café at 2607 Atlantic Avenue h. Aqua Investment Associates,L.P.,t/a The Square Whale Café re boardwalk café at 3900 Atlantic Avenue J.2. Ordinance to EXTEND the date to satisfy ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y the conditions re closure of an CONSENT unimproved portion of Singleton Way, South Witchduck Road and Princess Anne Road J.3. Resolution to DECLARE the proposed ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY location of Tranquility at the Lakes II a CONSENT Revitalization Area re qualify for Virginia Housing Financing CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/16/2021 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DNOMOOL W 0 O C Y L NOUWS 0 T T HE E E S S EOPE T I R Y S S ERNDN J.4. Resolutions to AUTHORIZE the City ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY Manager/City Clerk to place tax or fee CONSENT increase advertisements for the proposed FY2021-22 Operating Budget: a. Short Term Rental Zoning Permit Fee b. Communication Towers Administrative Review-Eligible Fee/Standard Review J.S. Resolution to AUTHORIZE and ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY DIRECT the City Manager to EXECUTE CONSENT a non-binding agreement with the United States Navy re NAS Oceans future base design J.6. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY Manager to EXECUTE an agreement with CONSENT FitLot,Inc./ACCEPT a$4,010 donation re plan,build and program an outdoor fitness park at Williams Farm J.7. Ordinance to ESTABLISH new Capital ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY Improvement Project"Juvenile Detention CONSENT Center Security Replacement"for FY2020- 21 and TRANSFER$600,000 from the FY2020-21 Human Services Operating Budget to the newly created capital project J.B. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y A Y Y Y Y Y YYYY APPROPRIATE: CONSENT a. $51,600 in CARES Act funding to the FY2020-21 Parks and Recreation Operating Budget re out-of-school time program b. $135,124 from the National Fish and Wildlife Foundation's National Coastal Resilience Fund, to the Capital Project #100365 "Sea Level Rise/Recurrent Flooding Analysis" re study of marsh island restoration in Back Bay c. $300,000 from the Landmark Foundation to the FY2020-21 Public Health Operating Budget / AUTHORIZE grant-supported positions re Bay Care Program J.9. Ordinance to TRANSFER: ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y a. $238,000 from the General Fund Reserve for CONSENT Contingencies to the FY-2020-21 Planning and Community Development Operating Budget to be provided to Hampton Roads Transit as a local match re Microtransit Demonstration Project (Virginia Beach West Pilot) J.9. Ordinance to TRANSFER ADOPTED 8-2 NA Y Y Y N Y Y Y Y Y b. $4,850,000 from Capital Project#100147, "Dome Site Parking"and$4,375,000 from Capital Project #100059, "Resort Parking District"to Capital Project#100146,"Dome Site Entertainment Venue" re costs associated with the design and construction of the entertainment venue CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/16/2021 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I O B C D N O M O O L W O O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ER NDN K.1. GRAY POINT COVE,LLC&SHARON APPROVED/ 10-0 Y A Y Y Y Y Y YYYY L.GRAY for a Variance to Section 4.4(b)of CONDITIONED,BY the Subdivision Regulation re lot width at CONSENT 3108 Little Haven DISTRICT 5 — LYNNHAVEN K.2. KENNETHSTUARTPROUD/MARK& APPROVED/ 9-1 Y A Y YYNY Y Y Y Y CRYSTAL PROUD for a Change in CONDITIONED,BY Nonconformity re enlargement of existing CONSENT dwelling at 228 Cavalier Drive DISTRICT 6 -BEACH K.3. MS VIRGINIA BEACH, LLC for a APPROVED/ 8-2 NA Y YYNY Y Y Y Y Modification of Proffers at 2257 Willow MODIFIED,AS Oak Circle re add 49 units to the 392 PROFFERED existing units DISTRICT 5 — LYNNHAVEN(Approved on June 1,1987) K..4. FIRST CHINESE BAPTIST CHURCH APPROVED/ 10-0 Y A Y Y Y Y Y YYYY for a Modification of Conditions re religious MODIFIED, use at 228 Pritchard Road DISTRICT 6— CONDITIONED,BY BEACH(Approved May 1,1961) CONSENT K.S. MAXIMO P. AQUINDE JR. & APPROVED/ 10-0 Y A Y Y Y Y Y YYY Y EDYNERRIS O.AQUINDE for a CUP re CONDITIONED,BY family day-care home at 980 Avery Way CONSENT, DISTRICT 1-CENTERVILLE K.6. DEON JOHNSON SR. & YESSICA APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y DIAZ-JOHNSON for a CUP re family day- CONDITIONED,BY care home at 5150 Rugby Road DISTRICT CONSENT 1 -CENTERVILLE K.7. TOYA SMITH/SST HOLDINGS,LLC APPROVED/ 10-0 Y A Y Y Y Y Y YYYY for a CUP re assembly use at 701 A South CONDITIONED,BY Military Highway DISTRICT 2 — CONSENT KEMPSVILLE K.8 XPERT SERVICES, LLC / VB APPROVED/ 10-0 Y A Y Y Y Y Y YYYY INVESTMENTS,LLC for a CUP re car CONDITIONED wash facility at 4937 Broad Street DISTRICT 4—BAYSIDE K.9. NORTH LEGEND OUTFITTERS,LLC/ APPROVED/ 10-0 Y A Y Y Y Y Y YYYY BENJAMIN DAVID & BROOKE CONDITIONED HARRIS LINDBORG for a CUP re home occupation—retail sales(firearms)at 1017 Dartford Mews DISTRICT 5 — LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/16/2021 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E .I R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ERNDN L. APPOINTMENTS: RESCHEDULED BY CONS E N S US 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION Appointed: 10-0 Y A Y Y Y Y Y YYY Y Frank M.Rabena Unexpired Term thru 6/30/2021 +3 Year Term 7/1/2021—6/30/2024 COMMUNITY SERVICES BOARD Appointed: 10-0 Y A Y Y Y Y Y YYYY Joan Wood Unexpired Term thru 12/31/2022 Lucas Robertson Unexpired thru 12/31/2023 DEFERRED COMPENSATION BOARD Appointed: 10-0 Y A Y Y Y Y Y YYYY Letitia Shelton- Representing Director of Finance No Term HISTORIC PRESERVATION Appointed: 10-0 Y A Y Y Y Y Y YYYY COMMISSION Albert Henley Unexpired Term thru 12/31/2023 OLD BEACH DESIGN REVIEW Appointed: 10-0 Y A V Y Y Y Y YYYY COMMITTEE William Almond- Representing Resort Advisory Commission No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/16/2021 PAGE: 6 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMOOL W 0 O C Y L NOUWS 0 T THEE E S S EOPE T I R Y S S ERNDN PERSONNEL BOARD Reappointed: 10-0 Y A Y Y Y Y Y YYYY Larry Shackelford Ruby Christian- Representing Merit Employee 3 Year Term 3/1/2021—2/28/2024 SENIOR SERVICES OF Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y SOUTHEASTERN VIRGINIA Katherine McVey Unexpired Term thru 5/31/2023 TRANSITION AREA/INTERFACILITY Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y TRAFFIC AREA CITIZENS Barbara M.Henley ADVISORY COMMITTEE Ex-Officio City Council Member / Representing Princess Anne District 7 3 Year Term 3/16/2021—2/28/2024 11 N ADJOURNMENT 8:11 P.M. 0