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HomeMy WebLinkAbout06-15-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large BIce VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 �N� JESSICA P.ABBOTT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 BARBARA M.HENLEY,Princess Anne-District 7 U ,. ` ' LOUIS R.JONES,Bayside-District 4 ` • JOHND.MOSS,At Large 4+.* AARONR.ROUSE,At Large �. ,,,. ,,,,to'‘' GUYK.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-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR June 15,2021 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 MANAGER'S BRIEFING - Virginia Beach Convention Center- 2:00 PM A. FY2021 MONTHLY FINANCIAL UPDATE Letitia Shelton, Director—Finance II. CITY COUNCIL DISCUSSION/INITIATIVES 2:15 PM III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:45 PM V. INFORMAL SESSION -Virginia Beach Convention Center- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -Virginia Beach Convention Center - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 1, 2021 2. SPECIAL SESSION June 8, 2021 G. PUBLIC COMMENT 1. Upcoming Changes to the City's Election System Resulting from the Recent Case of Holloway, et al. v. City of Virginia Beach and recent changes to Virginia State Law H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-20 re location of City Council Meetings b. 2-83 re make Juneteenth a City Holiday(Requested by Mayor Dyer,Vice Mayor Wood, Council Members Abbott,Berlucchi,Henley,Jones,Rouse,Tower, Wilson and Wooten) 2. Resolution to ADOPT a Revised City Council Policy re remote participation by Council Members in Council Meetings (Requested by City Council) 3. Ordinance to AMEND and REORDAIN Ordinance re continue expanded outdoor restaurant seating until October 31,2021 (Requested by Council Member Tower) 4. Resolution to DIRECT the City Manager to submit a grant application re Virginia Beach Trail(Requested by City Council) 5. Ordinance to AUTHORIZE extension of the employment contract re City Manager (Requested by City Council) 6. Ordinances re Compensation to City Council Appointees effective July 1, 2021: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinance to AMEND the 2021 Housing Choice Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan Amendments to the U.S. Department of Housing and Urban Development(HUD) 8. Resolution to REQUEST the Voter Registrar apply for a waiver re administer split precincts for Pembroke, College Park, Sherry Park, and Baker precincts for 2021 election 9. Ordinance to AUTHORIZE the City Manager to EXECUTE Use Agreements for the use of a portion of City property located at the Dome Site re Megabus Northeast, LLC and FlixBus, Inc. 10. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2021 re view each street or alley proposed to be closed 11. Resolution to PROVIDE a workers' compensation presumption re salaried Emergency Medical Services (EMS) personnel 12. Resolutions to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT): a. #100183 First Colonial Road/Virginia Beach Boulevard Intersection Improvements b. #100318 Princess Anne Road Phase VII c. #100340 Rosemont Road Phase V d. #100356 Sandbridge Road—Nimmo Parkway Phase VII-A e. #100381 Shore Drive Corridor Improvement Phase III 13. Ordinance to AMEND FY2021-22 Housing and Neighborhood Preservation Operating and Capital Budgets re adjustments 14. Ordinances to ACCEPT and APPROPRIATE: a. Ordinance $2,571,194 from the Virginia Office of Children's Services, TRANSFER$1,113,005 from the City Manager's Pandemic and Vaccine Support Reserve to the FY2020-21 Human Services Operating Budget and AUTHORIZE the use of$313,925 of existing non-personnel funds re Children's Services Act program b. $91,812 from Federal Coronavirus Aid, Relief and Economic Security Act to the FY2020-21 Parks and Recreation Operating Budget re childcare programs 15. Ordinance to TRANSFER $33,303 from Capital Project #100424 "Traffic Safety Improvements III"to Capital Project#100212"Independence Boulevard Baxter Road Sidewalk" J. PLANNING 1. OCEAN RENTAL PROPERTIES,LLC for a Change in Nonconformity re redevelop the site with eight (8) new dwelling units where nine (9) exist at 416 Norfolk Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. SOUTH LYNNHAVEN, LLC for a Modification of Conditions re allow the vacation of easements to construct office use at 877 South Lynnhaven Road DISTRICT 3 — ROSE HALL (Approved August 13, 1984) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO JULY 6, 2021 3. ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC./ CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT 1 —CENTERVILLE (Deferred from May 18, 2021) RECOMMENDATION: APPROVAL 4. BPMS CASCADES 2, LLC for a Conditional Use Permit re mini-warehouses at 2121 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. SH CAMPUS, LLC/ ST LUKE'S UNITED METHODIST CHURCH for a Conditional Use Permit re group home at 3396 Stoneshore Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. DIANA BUHRMANN / MICHAEL KORNOELJE for a Conditional Use Permit re family day-care home at 998 Boughton Way DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. MISTIE WOOD for a Conditional Use Permit re family day-care home at 1105 Voss Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance(CZO) Sections 210.2,212,215,216 and 217 re signs and billboards RECOMMENDATION: APPROVAL 9. Ordinances re Short Term Rentals: a. AMEND City Zoning Ordinance (CZO) Section 102 re establish Short Term Rental Overlay Districts,East Shore Drive,North End and Oceanfront Resort(Requested by Vice Mayor Wood, Council Members Jones and Tower) b. AMEND the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay Districts-East Shore Drive,North End and Oceanfront Resort District(Planning Commission Version) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re Requirements and Use of Short Term Rentals and Overlays (Planning Commission Version) d. AMEND Section 241.2 of the CZO re Short Term Rentals and establishing Additional Safety Requirements (Planning Commission Version) e. ADD Article 23, Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO, establishing Regulations and Requirements re Short Term Rentals in Each Overlay District(Planning Commission Version) f. ESTABLISH Transitions Rules for the Review of Conditional Use Permits re Short Term Rentals in the Short Term Rental Overlays (Requested by Vice Mayor Wood, Council Members Jones and Tower) RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius c(i,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e8711 b3a98c 18099d01b4936de4 b099c0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 15, 2021. I. CITY MANAGER'S BRIEFING -Virginia Beach Convention Center- 2:00 PM A. FY2021 MONTHLY FINANCIAL UPDATE Letitia Shelton, Director—Finance II. CITY COUNCIL DISCUSSION/INITIATIVES 2:15 PM III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:45 PM V. INFORMAL SESSION -Virginia Beach Convention Center- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 1, 2021 2. SPECIAL SESSION June 8, 2021 G. PUBLIC COMMENT 1. Upcoming Changes to the City's Election System Resulting from the Recent Case of Holloway, et al. v. City of Virginia Beach and recent changes to Virginia State Law H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-20 re location of City Council Meetings b. 2-83 re make Juneteenth a City Holiday(Requested by Mayor Dyer,Vice Mayor Wood, Council Members Abbott, Berlucchi,Henley,Jones,Rouse,Tower, Wilson and Wooten) 2. Resolution to ADOPT a Revised City Council Policy re remote participation by Council Members in Council Meetings(Requested by City Council) 3. Ordinance to AMEND and REORDAIN Ordinance re continue expanded outdoor restaurant seating until October 31,2021 (Requested by Council Member Tower) 4. Resolution to DIRECT the City Manager to submit a grant application re Virginia Beach Trail(Requested by City Council) 5. Ordinance to AUTHORIZE extension of the employment contract re City Manager (Requested by City Council) 6. Ordinances re Compensation to City Council Appointees effective July 1, 2021: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinance to AMEND the 2021 Housing Choice Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan Amendments to the U.S. Department of Housing and Urban Development(HUD) 8. Resolution to REQUEST the Voter Registrar apply for a waiver re administer split precincts for Pembroke, College Park, Sherry Park, and Baker precincts for 2021 election 9. Ordinance to AUTHORIZE the City Manager to EXECUTE Use Agreements for the use of a portion of City property located at the Dome Site re Megabus Northeast, LLC and FlixBus,Inc. 10. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2021 re view each street or alley proposed to be closed 11. Resolution to PROVIDE a workers' compensation presumption re salaried Emergency Medical Services (EMS) personnel 12. Resolutions to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE a Project A eement with the Virginia Department of Transportation (VDOT): a. #100183 First Colonial oad/Virginia Beach Boulevard Intersection Improvements b. #100318 Princess Anne Road Phase VII c. #100340 Rosemont Road Phase V d. #100356 Sandbridge Road—Nimmo Parkway Phase VII-A e. #100381 Shore Drive Corridor Improvement Phase III 13. Ordinance to AMEND FY2021-22 Housing and Neighborhood Preservation Operating and Capital Budgets re adjustments 14. Ordinances to ACCEPT and APPROPRIATE: a. Ordinance $2,571,194 from the Virginia Office of Children's Services, TRANSFER$1,113,005 from the City Manager's Pandemic and Vaccine Support Reserve to the FY2020-21 Human Services Operating Budget and AUTHORIZE the use of$313,925 of existing non-personnel funds re Children's Services Act program b. $91,812 from Federal Coronavirus Aid, Relief and Economic Security Act to the FY2020-21 Parks and Recreation Operating Budget re childcare programs 15. Ordinance to TRANSFER $33,303 from Capital Project #100424 "Traffic Safety Improvements III"to Capital Project#100212"Independence Boulevard Baxter Road Sidewalk" ,t. v, „, CITY OF VIRGINIA BEACH • AGENDA ITEM ITEM: An Ordinance to Amend Section 2-20 of the City Code Regarding the Location of City Council Meetings MEETING DATE: June 15, 2021 • Background: The City Charter provides that the City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Earlier in the COVID-19 Pandemic, the City Council moved the meeting location for regular meetings to the Virginia Beach Convention Center (the "VBCC") because of the additional space in the VBCC. In the intervening months, there has been a mass vaccination effort, and for residents over the age of twelve, those that desire a vaccine have had the opportunity to receive a vaccine. Additionally, the Governor has updated guidance that allows for vaccinated residents to return to activities reminiscent of life prior to the COVID-19 Pandemic. • Considerations: Because the location of the City's regular meetings is codified by ordinance, the attached ordinance makes the change to the section of the City Code providing for the location of regular meetings. This change will return the regular meetings to the Council Chambers in City Hall. As required by state law, a copy of the ordinance is to be posted on the door of the current location for regular meetings, and a notice provided in a newspaper having general circulation in the City at least seven days prior to the meeting on July 6. • Public Information: Public information will be provided through the normal Council agenda process. If adopted, the ordinance will be posted on the door of the Suite 5 of the VBCC, and a public notice will be provided in the Beacon. ■ Attachment: Ordinance Recommended Action: Approval Requesting Department: Office of the City Manage City Manager:/% 9 1 AN ORDINANCE TO AMEND SECTION 2-20 OF THE CITY 2 CODE REGARDING THE LOCATION OF CITY COUNCIL 3 MEETINGS 4 5 WHEREAS, the City Council moved the location of its regular meetings to the 6 Virginia Beach Convention Center to allow for additional space to comply with public 7 health measures; 8 9 WHEREAS, the mass vaccination efforts have provided the opportunity for 10 residents to receive vaccines; 11 12 WHEREAS, the Governor has loosened certain public health measures; and 13 14 WHEREAS, the City Council desires to move the location of its regular meetings 15 back to the Council Chamber in City Hall. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. Section 2-20 of the City Code is hereby amended and reordained to read as 21 follows: 22 23 Sec. 2-20. Time and place of regular meetings. 24 25 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 26 City Hall Building, Municipal Center , Virginia 27 Beach, Virginia, on the first and third Tuesdays of each month at 6:00 p.m., unless such 28 date shall fall upon a legal holiday. However, in July and December of each year, regular 29 meetings shall instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. 30 The council may also convene informal meetings on the dates of regular formal meetings 31 at such times as the council may deem appropriate, and on the second and fourth 32 Tuesday of every month except July and December. Informal meetings, which shall be 33 held in the Council Chamber, , and at which no 34 votes shall be cast, shall be for the purpose of discussing matters of interest to the council, 35 and receiving briefings/reports from the city manager, city staff and city boards, 36 commissions, committees and other city agencies. Closed session may be convened in 37 the Conference Room adjacent to the Council Chamber. The city manager shall notify the 38 public of the times of such informal meetings in advance thereof. 39 40 .... 41 42 2. The City Clerk shall cause a copy of this ordinance to be posted on the door of 43 Suite 5 of the Virginia Beach Convention Center and a notice of the location 44 change to be published in a newspaper having general circulation at least seven 45 days prior to the first regular meeting at the Council Chamber of the City Hall 46 Building. 47 48 3. This ordinance shall be effective for all regular meetings after July 1, 2021. 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: h-u-6 i'Yl �cCity Manager's Office`" JCit ey's Office CA15457 R-2 May 26, 2021 4., CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Amend § 2-83 of the City Code to Make Juneteenth a City Holiday MEETING DATE: June 15, 2021 • Background: The Juneteenth holiday celebrates the emancipation of those who had been enslaved in the United States. It is commemorated on the anniversary date of the June 19, 1865, announcement of General Order 3 by Union Army General Gordon Granger, proclaiming freedom from slavery in Texas. Local celebrations of Juneteenth often include public readings of the Emancipation Proclamation, singing traditional songs, and reading of works by noted African-American writers. • Considerations: The attached ordinance codifies Juneteenth as a City Holiday. The ordinance also authorizes use of existing funding to offset any increased costs related to overtime. • Public Information: Advertisement will be as part of the City Council agenda. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance REQUESTED BY MAYOR DYER, VICE MAYOR WOOD, AND COUNCILMEMBERS ABBOTT, BERLUCCHI, HENLEY, JONES, ROUSE, TOWER, WILSON AND WOOTEN REQUESTED BY MAYOR DYER, VICE MAYOR WOOD, AND COUNCILMEMBERS ABBOTT, BERLUCCHI, HENLEY, JONES, ROUSE, TOWER, WILSON AND WOOTEN 1 AN ORDINANCE TO AMEND § 2-83 OF THE CITY CODE 2 TO MAKE JUNETEENTH A CITY HOLIDAY 3 4 Section Amended: § 2-83 5 6 WHEREAS, the Juneteenth holiday celebrates the emancipation of those who had 7 been enslaved in the United States; 8 9 WHEREAS, Juneteenth is commemorated on the anniversary date of the June 19, 10 1865, announcement of General Order 3 by Union Army general Gordon Granger, 11 proclaiming freedom from slavery in Texas; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 16 1. The City Code of the City of Virginia Beach is hereby amended and reordained 17 to amend § 2-83 to read as follows: 18 19 Sec. 2-83. — Holidays. 20 21 (a) The following days are designated as full-paid "holidays" and shall be so 22 observed by the city. All permanent and probational merit employees shall be 23 covered by the provisions of this section. 24 25 (1) The first day of January (New Year's Day). 26 (2) The third Monday in January (Martin Luther King Day). 27 (3) The last Monday of May (Memorial Day). 28 (4) The nineteenth day of June (Juneteenth). 29 (45) The fourth day of July (Independence Day). 30 (56) The first Monday of September (Labor Day). 31 (67) The eleventh day of November (Veterans Day). 32 (78) The fourth Thursday of November (Thanksgiving Day). 33 (69) The day after the fourth Thursday of November (the day after 34 Thanksgiving Day). 35 (610) The twenty-fourth day of December (Christmas Eve). 36 (1-911)The twenty-fifth day of December (Christmas Day). 37 {11} 38 (12) Three (3) flexible personal holidays (to be taken as a personal, 39 national, religious or other holiday the city does not observe). Part-time 40 employees shall not be eligible for these holidays. 41 42 If any holiday enumerated in subsections (1) through (10) above falls on a 43 Saturday or Sunday, the city manager shall determine when the holiday will 44 be observed and shall so notify affected employees and the public at least 45 thirty (30) days prior to the holiday. If no such notice is provided by the city 46 manager, then when any holiday enumerated in subsections (1) through 47 (10) above falls on a Saturday, the Friday next preceding such a day shall 48 be a holiday, and when any holiday enumerated in subsections (1) through 49 (10) above falls on a Sunday, the Monday next following such day shall be 50 a holiday. 51 52 (b) In addition to the holidays prescribed in subsection (a) above, any other 53 day so declared by the mayor shall be a holiday. 54 55 (c) Part-time employees shall receive time off with pay for the proportionate 56 part of the day which would have normally been worked. 57 58 (d) Employees who have been in a nonpay status for more than fourteen 59 (14) days prior to any holiday shall not be eligible for compensation for 60 holidays subsections (1) through (11) listed in paragraph (a) above. 61 62 2. The City Manager is hereby authorized to make such transfers of existing 63 appropriations to offset any increased costs (such as overtime) related to the 64 City holiday authorized herein. Adopted by the Council of the City of Virginia Beach, Virginia this _ day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Attorney CA15443 R-3 June 10, 2021 rAT:414$ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting a Revised Policy for Remote Participation by Councilmembers in Council Meetings MEETING DATE: June 15, 2021 • Background: In March 2020, the City Council adopted a Policy for Remote Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the Virginia Freedom of Information Act ("FOIA"). The Policy enables one or more councilmembers to participate from a remote location in City Council meetings, so long as a quorum of the Council is physically assembled at the meeting location. The policy currently authorizes a member to participate in the meeting from a remote location if: (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance ("medical reason"); or(2) the member is unable to attend due to a personal matter, and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason currently is limited to twice per year, but there is no limit with respect to participation for a medical reason. • Considerations: Earlier this year, the FOIA was amended, effective July 1, 2021, with respect to remote participation in two ways: (1) a member may also participate remotely in an unlimited number of meetings if a family member's medical condition required the member to provide care for the family member, thereby preventing the member's physical attendance; and (2) the limit on remote participation for a personal reason will be two meetings per year or 25% of the meetings held per year, rounded up to the next whole number, whichever is greater. This resolution would adopt a revised Policy that includes those two changes, effective July 1, 2021. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Revised Policy Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING A REVISED POLICY FOR 2 REMOTE PARTICIPATION BY COUNCILMEMBERS IN 3 COUNCIL MEETINGS 4 5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote 6 Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the 7 Virginia Freedom of Information Act ("FOIA"); 8 9 WHEREAS, the Policy enables one or more councilmembers to participate from a 10 remote location in City Council meetings, so long as a quorum of the Council is physically 11 assembled at the meeting location, if: (1) the member is unable to attend the meeting 12 due to a temporary or permanent disability or other medical condition that prevents the 13 member's physical attendance ("medical reason"); or(2) the member is unable to attend 14 due to a personal matter, and the member identifies with specificity the nature of the 15 personal matter ("personal reason"); 16 17 WHEREAS, the Policy provides that participation for a personal reason is limited 18 to twice per year, but there is no limit with respect to participation for a medical reason; 19 20 WHEREAS, earlier this year, the FOIA was amended, effective July 1, 2021, with 21 respect to remote participation in two ways: (1) a member may also participate remotely 22 in an unlimited number of meetings if a family member's medical condition required the 23 member to provide care for the family member, thereby preventing the member's 24 physical attendance; and (2) the limit on remote participation for a personal reason will 25 be two meetings per year or 25% of the meetings held per year, rounded up to the next 26 whole number, whichever is greater; 27 28 WHEREAS, the attached revised Policy includes those two changes in order to 29 make the Policy consistent with the change in law, effective July 1, 2021 . 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 The City Council hereby adopts the attached revised policy, effective July 1, 2021. 35 Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15473 R-1 June 4, 2021 .„. • VI (ittl,,,. Y O. 0Y�Y40*OS City Council Policy Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Adoption:March 31,2020 Dates of Revisions: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to enable members of the City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code § 2.2-3708.2 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Mayor and Clerk on or preferably before the day of the meeting that (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); or (2) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25% of the meetings held per calendar year, rounded up to the next whole number, whichever is greater. 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location in erdec-to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is kw-a medical reason, the minutes shall include a statement to that a temporary or permanent disability or other medical condition prevented the member's physical attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance. While the fact that a disability or attendance must be recorded+r}4The minutes do not need to included is not required tip-identify the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Adoption: Dates of Revisions: Page 2 of 2 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Ordinance #3616M to Continue Expanded Outdoor Restaurant Seating Until October 31, 2021 MEETING DATE: June 15, 2021 • Background: During the early portion of the Public Health Emergency, restaurants were limited to takeout service and outdoor seating. In response to these limitations, the City Council adopted Ordinance #3616M (ORD #3616M) on May 14, 2020. ORD #3616M allowed the expanded use of outdoor restaurant seating and authorized the City Manager or designee to issue temporary permits for the use of public property provided such use complied with relevant public health, alcohol beverage control, and public safety requirements. ORD #3616M requires temporary outdoor restaurant permits to expire 30 days after the expiration of the Statewide Declaration of Public Health Emergency. • Considerations: To allow certainty to the restaurant industry, the attached ordinance amends and reordains ORD #3616M to allow temporary outdoor restaurant permits to expire on or before October 31 , 2021. All other permissions and requirements of ORD #3616M will continue in full force and effect. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; Exhibit A (ORD #3616M) Requested by Councilmember Tower REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ORDINANCE #3616M TO CONTINUE EXPANDED 3 OUTDOOR RESTAURANT SEATING UNTIL 4 OCTOBER 31, 2021 5 6 WHEREAS, the City Council adopted Ordinance #3616M (ORD #3616M) on May 7 14, 2020, which is attached hereto as Exhibit A; 8 9 WHEREAS, ORD#3616M allowed the expanded use of outdoor restaurant seating 10 and authorized the City Manager or designee to issue temporary permits for the use of 11 public property provided such use complied with relevant public health, alcohol beverage 12 control, and public safety requirements; 13 14 WHEREAS, ORD#3616M requires temporary outdoor restaurant permits to expire 15 30 days after the expiration of the Statewide Declaration of Public Health Emergency; 16 and 17 18 WHEREAS, to allow certainty to the restaurant industry, the City Council desires 19 to amend and reordain ORD #3616M to provide a date certain for the expiration of the 20 temporary outdoor restaurant permits authorized by such ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA THAT: 24 25 ORD #3616M is hereby amended and reordained to provide all temporary outdoor 26 restaurant permits authorized by ORD #3616M shall expire on October 31, 2021. All 27 other permissions and requirements of ORD #3616M shall continue in full force and 28 effect. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City A orney's Office CA15471 R-2 June 4, 2021 Exhibit A ORD - . 3616M REQUESTED BY MAYOR DYER AND VICE MAYOR WOOD 1 AN ORDINANCE TO APPROVE EXPANDED USE 2 OF OUTDOOR RESTAURANT SEATING AND TO 3 AUTHORIZE THE CITY MANAGER TO APPROVE 4 TEMPORARY OUTDOOR DINING PERMITS 5 6 WHEREAS, by Executive Order No. 61, dated May 8, 2020, the Governor of 7 Virginia initiated Phase 1 of reopening restaurants from ordered closures due to the 8 COVID-19 Pandemic; 9 10 WHEREAS, as part of Phase 1, restaurants are permitted to reopen to the extent 11 they only have seating in outdoor spaces with limited capacity and adequate spacing; 12 13 WHEREAS, the Governor's Executive Orders have provided additional procedural 14 and regulatory discretion to the Virginia Alcoholic Beverage Control Authority, and 15 pursuant to such Executive Orders, the Authority has issued guidance for outdoor dining 16 in Topic 16, issued May 13, 2020; and 17 18 WHEREAS, the City Council desires to provide additional opportunities for Virginia 19 Beach restaurants to serve patrons during Phase 1 and subsequent loosening of 20 business restrictions, as provided herein. 21 22 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA THAT: 24 25 1. The City Council hereby approves the expanded use of outdoor restaurant 26 seating provided the facilities comply with the Governor's Executive Orders, including but 27 not limited to Executive Orders 61 and 62 and any subsequent orders, and the rules 28 promulgated by the Virginia Alcoholic Beverage Control Authority, including but not limited 29 to Topic 16. 30 31 2. The City Council hereby authorizes the City Manager or designee to issue 32 temporary permits for use of public property for outdoor dining at restaurants during those 33 phases of reopening wherein the Governor has limited indoor serving of patrons in 34 restaurants. For purposes of this ordinance, the term "restaurant" shall mean an existing 35 business with a business license to operate as a restaurant. The permitted area for 36 outdoor dining shall be adjacent to, or in close proximity to, the restaurant. Any permit 37 authorized by this ordinance shall require the permittee to comply with applicable public 38 health, alcohol beverage control, and public safety requirements, including but not limited 39 to the requirements contained in the Governor's Executive Orders pertaining to COVID- 40 19 and related guidelines. 41 42 Such permit shall be in the form of a revocable license and of similar legal effect 43 as those encroachments authorized by Article VI of Chapter 33 of the City Code. The 44 permits may include any public property not otherwise necessary for safe and accessible 45 pedestrian, bicycle, or vehicular traffic. The permit shall require the same indemnity and 46 insurance provisions as those set forth in § 33-113(dX2) and (dX3)of the City Code. 47 48 No fee shall be assessed for the processing of permit applications, and it is the 413 desire of the City Council that City staff prioritize and process applications promptly. The 50 denial of such permit may be appealed to the City Manager, and the denial by the City 51 Manager may be appealed to the City Council. 52 53 3. Any authorization provided by this ordinance or permit issued pursuant to 54 this ordinance shall automatically expire thirty (30) days after the end of the Statewide 55 Declaration of Public Health Emergency unless sooner terminated. A permit may be 56 revoked for the noncompliance with any requirement of the permit, and the continued 57 occupancy of City property after revocation may be remedied in the same manner as 58 authorized for unlawful encroachments. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of_ , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15070 R-5 May 13, 2020 gnu aeti?y !OS'^may ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Submit a Grant Application for the Virginia Beach Trail MEETING DATE: June 15, 2021 • Background: The Norfolk Southern railroad right-of-way is an approximate 12- mile tract of land extending from the Norfolk jurisdictional boundary to the Oceanfront. The City has reserved this property for the future development of the Virginia Beach Trail (VB Trail). The VB Trail has the potential to dramatically improve connectivity and offer enhanced pedestrian and bicycle opportunities. • Considerations: The attached resolution directs the City Manager to submit a grant application for RAISE federal funding. The resolution also authorizes the City Manager to retain consultants and/or engineers to assist in preparation of the grant application. The deadline for this grant application is July 12, 2021. The anticipated total project cost for this segment of the VB Trail is up to $15 million, of which the federal portion requested will be up to $12 million. If awarded, the City would provide a $3 million local match. • Public Information: Advertisement will be as part of the City Council agenda. • Recommendations: Adopt the attached resolution. • Attachments: Ordinance REQUESTED BY THE CITY COUNCIL REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 SUBMIT A GRANT APPLICATION FOR THE VIRGINIA 3 BEACH TRAIL 4 5 WHEREAS, the Virginia Beach Trail (VB Trail) is a multi-purpose path that will be 6 located on the former Norfolk Southern railroad right-of-way; and 7 8 WHEREAS, the City Council desires that a grant application be made for the 9 federal RAISE funding opportunity for the VB Trail. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Manager is hereby directed to make a grant application for the VB Trail 15 in the upcoming RAISE funding opportunity, and the City Manager is authorized to use 16 existing funds to retain consultants and/or engineers in furtherance of such grant 17 application. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15472 R-3 June 9, 2021 pU�y yS titt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Extension of the Employment Contract for the City Manager MEETING DATE: June 15, 2021 • Background: The City Council appointed Patrick Duhaney as City Manager in June 2020 and approved his employment contract for the term of July 20, 2020 to July 19, 2022. The City Council and the City Manager desire to extend his contract by three years. • Considerations: This ordinance authorizes the Mayor to execute the attached contract extension on behalf of the City. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; Amendment to Employment Agreement, and Employment Agreement Requested by City Council REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AUTHORIZE EXTENSION OF THE 2 EMPLOYMENT CONTRACT FOR THE CITY MANAGER 3 4 WHEREAS, the City Council appointed Patrick Duhaney as City Manager in June 5 2020 and approved his employment contract for the term of July 20, 2020 to July 19, 6 2022; and 7 8 WHEREAS, the City Council desires to extend his contract by three years. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The Mayor is hereby authorized to execute the attached contract extension on 14 behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CA15474 R-1 June 4, 2021 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH,VIRGINIA AND PATRICK DUHANEY This Amendment, dated this day of June,2021,is by and between the City of Virginia Beach, a body politic and corporate and political subdivision of the Commonwealth of Virginia ("City"), and Patrick Duhaney("Employee") (collectively referred to herein as the"parties"), and amends the Employment Agreement entered into by the parties on June 23, 2020 ("Employment Agreement"). Whereas, the term of the Employment Agreement is July 20, 2020 to July 19, 2022, unless extended by mutual agreement of the City and the Employee, and whereas, the City and the Employee desire to extend the term of the Employment Agreement for three additional years. WITNESSETH: THAT FOR AND IN CONSIDERATION of the promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Employment Agreement is hereby modified as follows: 1. TERM: The City and the Employee agree to the extension of the Employment Agreement for the period of July 20, 2022 through July 19, 2025. 2. All the other terms, conditions, requirements, and provisions of the Employment Agreement shall remain in force and effect. WITNESS the following signatures: CITY OF VIRGINIA BEACH EMPLOYEE Mayor City Manager Patrick Duhaney EMPLOYMENT AGREEMENT r` This Agreement is entered into this ,v3 day of �LA (�� , 2020 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as"City"and Patrick Duhaney, hereinafter referred to as "Employee." WITNESSETH WHEREAS,the City wishes to hire Employee as its City Manager, WHEREAS,Employee agrees to accept such employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I—Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article Il—Term of Agreement (a) Except as otherwise provided herein,this Agreement shall commence July 20,2020 and end July 19, 2022, unless extended by mutual agreement of the City and Employee. (b) Except as provided by Article III, below,during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III, below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however,that such resignation shall he in accordance with Article III, below Article Ill—Termination and Resignation: Severance Pay (a) In the event Employee is terminated by the City before the expiration of the term of this Agreement,he shall receive as severance pay an amount equal to twelve(12) months of his annual gross salary. In addition, City shall pay the total cost of COBRA continuation coverage for a period not to exceed nine months or until such time as Employee secures alternative employment providing employer-provided health benefits, whichever is earlier. Employee shall also be entitled to payment of all leave accrued as of the date termination in accordance with existing City policy. Except as provided in this paragraph, all other benefits shall cease as of the date of termination. However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination 2 (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion waive any or all of this ninety(90)day notice requirement. (c) In the event the City,at any time during the employment of Employee,reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee,or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay and benefits in accordance with Article III (a)of this Agreement. Article IV—Corn pensation This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually,by ordinance. City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of two hundred and seventy thousand dollars($270,000),payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the annual gross salary described above, the City agrees to contribute an amount equal to 6 percent of Employee's salary, not to exceed the maximum permissible annual 3 contribution for which Employee is eligible, as announced by the Intenial Revenue Services for each calendar year, distributed equally over the annual biweekly payroll cycle per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adjusted by City Council annually, by ordinance. Article V—Automobile Allowance in lieu of supplying a City-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of seven hundred and fifty Dollars($750)per month and in addition,Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may he increased from time to time by action of the City Council. in consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article VI —Temtaorari Housin and Moving Ex )enses Employee shall be required to establish residency within the City of Virginia Beach. City will reimburse the actual cost of temporary housing in an amount of up to $12,000 to Employee until permanent housing can he secured. In addition, the City will pay for usual and customary moving expenses for Employee to relocate to Virginia Beach. Employee will adhere to City guidelines for payment of moving expenses. 4 Article VII—Fringe Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance, including dental and vision coverage, available to all City employees in accordance with existing City policies and ordinances to the same extent as other City employees. Employee shall pay any premium or other cost associated with participation in these benefit programs on the same terms as all other City employees. Nothing herein shall be construed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (b) Except as set forth in this Article VII, Employee shall receive fringe benefits such as paid time off ("PTO"), life insurance, hospitalization and medical insurance, Virginia Retirement System benefits, etc. in accordance with existing City policies and ordinances as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. Employee shall be credited with 15 days PTO on the first day of employment and then accrue PTO at the maximum rate allowed City employees under the City Code. Employee shall also receive 40 hours of executive leave annually. Article VIII—Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours arc necessary to satisfactorily perform the functions and duties of City Manager. 5 { Article IX— Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national, regional, state, and local associations and organizations of a job-related nature(including the International City and County Management Association)and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article X—General Business-Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy Article XI—Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee after six months of employment and thereafter at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. 6 (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment,as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof,this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, Patrick Duhaney, has executed this Agreement, both the day and year first above written. CITY OF V GINIA BEACH BY yor BY ge'"" (114: Patrick Duhaney 7 GNU�l Of ...rt 4.�i7) tsiZ 4�{{ E, w CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 15, 2021 • Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. • Considerations: These ordinances set the compensation amounts for the appointees, effective July 1, 2021 . • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the annual salary of the City Manager shall remain at $270,000, his car 12 allowance shall remain at $9,000 annually, and the City's contribution to his deferred 13 compensation account shall remain at $16,200. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15447 R-1 June 4, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the annual salary of the City Attorney shall remain at $234,273, the City's 12 contribution to his deferred compensation plan shall remain at $10,000 annually, and his 13 car allowance shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 15448 R-1 June 4, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1 , 2021 , the annual salary of the City Clerk shall be $109,788, 12 and the City's contribution to her deferred compensation account shall remain at $6,000 13 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 15449 R-1 June 4, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1 , 2021, the annual salary of the City Real Estate Assessor 13 shall be $159,194, and the City's contribution to his deferred compensation plan shall 14 remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15451 R-1 June 4, 2021 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1 , 2021, the annual salary of the City Auditor shall be $140,248, 12 and his car allowance shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15447 R-1 June 4, 2021 ce; JAI CITY OF VIRGINIA BEACH AGENDA ITEM l ITEM: An Ordinance to Amend the 2021 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute and Submit the Plan Amendments to the U.S. Department of Housing and Urban Development MEETING DATE: June 15, 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 agen cies 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. The City Council annually reviews and approves these plans. On May 10, 2021, DHNP was notified that itwould receive funding for 35new emergency housing vouchers under the American Rescue Plan Act ("ARPA"). Utilization of these vouchers requires amendment of DHNP's HCV Administrative Plan. • Considerations: The HCV Administrative Plan detailsthe policies and procedures that govern the day-to-day operation of the HCV Program. The proposed amendments are needed to allow DHNP to use the emergency housing vouchers. Without the amendments,the vouchers cannot be utilized as intended. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance,Summary of Amendments Recommended Action: Approval A Submitting Department/Agency: sing & Neighborhood Preservation City Manager:/0 1 AN ORDINANCE TO AMEND THE 2021 HOUSING CHOICE 2 VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 4 PLAN AMENDMENTS TO THE U.S. DEPARTMENT OF 5 HOUSING AND URBAN DEVELOPMENT 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 ("DHNP") operates the federally funded Housing Choice Voucher Program ("NOV"), 9 formerly known as the Section 8 Program; 10 11 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 12 requires agencies that operate HCV programs to submit an HCV Administrative Plan 13 which was previously approved; 14 15 WHEREAS, the City has been made aware of emergency housing vouchers 16 authorized by the American Rescue Plan Act ("ARPA"); and 17 18 WHEREAS,DHNP proposes edits to the HCV Administrative Plan that are needed 19 to utilize the emergency housing vouchers authorized by ARPA. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH,VIRGINIA, THAT: 23 24 1. The DHNP HCV Administrative Plan amendments to allow use of emergency 25 housing vouchers for the Housing Choice Voucher Program are hereby 26 approved, provided such amendments conform in all material aspects to the 27 Summary of Amendments attached hereto. 28 29 2. The City Manager is hereby authorized to execute and submit the plan 30 amendments and any certifications regarding such amendments to the U.S. 31 Department of Housing and 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: H Vii\tA Housing 81'Neig borhood Preservation Cif—Aftom s Office CA 15470 R-1 June 3, 2021 Summary of Amendments Housing Choice Voucher Administrative Plan In order to Utilize Emergency Housing Vouchers This document summarizes the content of the plan amendments that will be submitted to HUD in order to comply with the requirements for utilizing Emergency Housing Vouchers allocated under the American Rescue Plan act. 1. Regarding eligibility for assistance, for the Emergency Housing Vouchers we will follow the policies defined in 3.111 of our administrative plan with the following exceptions: a. We will only search criminal records for the previous 12 months rather than 5 years. b. We will not bar households which owe a debt to any PHA. c. We will not bar households for criminal drug activity unless the household member is "currently engaged" in the activity. These changes are program requirements. 2. We will not maintain a separate waiting list for EHVs. We will accept referrals from Virginia Beach's Continuum of Care, which is the Homeless Resource Center. 3. The minimum rent will be $0. This differs from our policy in 6.III.A which defines the minimum rent for regular voucher holders as $50. 4. We will not follow the preferences laid out in our administrative plan in 4.III.C. Instead, we will give preferences to families with adjusted monthly income of between 0 and 30% of the median, and families with a household member receiving SSI or SSDI or Social Security, and families with minor children. 5. The initial voucher length will not be 60 days as in 5-II.E of our administrative plan. The initial voucher length will be 120 days. 6. We will grant up to 2 30-day extensions of the initial voucher, based on the recommendation of the household's assigned housing locator. 7. Payment standards for 1- and 2-bedroom vouchers will be set at 120% of the Fair Market Rent, and at 110%of the FMR for all other sized vouchers. 8. The EHV program allocates$3500 for each of the 35 vouchers, and that money may be used for household support. We will adopt the following policy: a. The amount of financial support will be related to household size. b. The money may be spent on household items including but not limited to furniture and cooking items, or on landlord incentives to ensure rapid lease up, or some combination of the two. This will be at the discretion of the assigned housing locator. frA` vzz : ) L.I ) 4 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Request the Voter Registrar Apply for a Waiver to Administer Split Precincts MEETING DATE: June 15, 2021 • Background: The 2020 General Assembly amended the Virginia Code (§ 24.2- 307) to require the elimination of split precincts for elections held in November 2021 and all subsequent elections. The governing bodies of localities are required to establish precincts that are wholly contained within a single congressional district, Senate district, House of Delegates district, and local election district. The Virginia Code sets a date of June 15 for the completion of precinct alignment for a November election. The City has not eliminated its split precincts because delays in the release of 2020 Census data have pushed back the decennial redistricting process for the Commonwealth and the City. Section 24.2-307 allows a governing body to request a waiver from the State Board of Elections to administer split precincts. • Considerations: This action makes no change to any current precinct boundary or polling place. Rather, this request seeks to administer the City's precincts in their current form. The City has four (4) precincts that are split among the house districts, Pembroke (Precinct 0039), College Park (Precinct 0041), Sherry Park (Precinct 0057), and Baker (Precinct 0061). Because of known issues regarding the release of the 2020 Census data, the State Board of Elections has established a waiver process, and the Board requires a resolution from the governing body requesting the waiver to administer split precincts. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Voter Registrar's Office City Manager: I 1 A RESOLUTION TO REQUEST THE VOTER 2 REGISTRAR APPLY FOR A WAIVER TO 3 ADMINISTER SPLIT PRECINCTS 4 5 WHEREAS, § 24.2-307 of the Virginia Code mandates that "[e]ach precinct shall 6 be wholly contained within a single congressional district, Senate district, House of 7 Delegates district, and election district used for the election of one or more members of 8 the governing body or school board for the county or city"; 9 10 WHEREAS, the City has four precincts that are split among the Virginia House of 11 Delegate districts, Pembroke (Precinct 0039), College Park (Precinct 0041), Sherry Park 12 (Precinct 0061), and Baker (Precinct 0061) (collectively, the "Split Precincts"); 13 14 WHEREAS, the Virginia Code requires the City Council establish precinct 15 boundaries to be consistent with any congressional district, Senate district, House of 16 Delegates district, and local election district by June 15. 2021; 17 18 WHEREAS, due to the COVID-19 pandemic, the 2020 Census data has not been 19 received by the Commonwealth or the City; 20 21 WHEREAS, without updated Census data, the City is unable to establish precinct 22 boundaries that eliminate the Split Precincts by June 15, 2021; 23 24 WHEREAS, § 24.2-307 of the Virginia Code requires the City Council apply for a 25 waiver from the State Board of Elections to continue to administer the Split Precincts for 26 any election held in 2021. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests and authorizes the Voter Registrar to apply, on 32 behalf of the City Council, for a waiver from the State Board of Elections pursuant to § 33 24.2-307 of the Virginia Code to administer Pembroke (Precinct 0039), College Park 34 (Precinct 0041), Sherry Park (Precinct 0061), and Baker(Precinct 0061)as split precincts 35 for any election held in 2021 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: del ! - Voter Registrar C' ey's Office CA15453 R-1 June 1, 2021 Ifs.. .L Qj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Use Agreements for the Use of a Portion of City Property Located at the Dome Site by Megabus Northeast, LLC and FlixBus, Inc. MEETING DATE: June 15, 2021 • Background: Megabus Northeast, LLC, a Virginia limited liability company ("Megabus"), operates a commercial passenger bus service with stops along the northeastern corridor of the United States. On April 18, 2017, by Ordinance ORD- 3499K, City Council approved Megabus' use of the former HRT Bus Transfer Site located at the Dome Site (the "Premises") for up to five years. Due to the pandemic, on July 24, 2020, Megabus terminated its agreement with the City for the use of the Premises. However, with its operations improving, Megabus has approached the City about reinstating its agreement to use the Premises on the same terms and conditions as were previously approved. In the meantime, FlixBus, Inc., a Delaware corporation authorized to transact business in Virginia ("FlixBus"), another commercial passenger bus service, has requested to use the Premises on the same terms and conditions as Megabus. Megabus and FlixBus have each represented that they can conduct operations at the Premises without conflict with the other. • Considerations: Megabus and FlixBus each present additional transportation options into the City for residents and visitors. The existing bus pull-off facility at Pacific Avenue and 19th Street would allow the companies to conduct their operations without interfering with traffic on Pacific Avenue. The Resort Advisory Commission (RAC) and its Transportation Pedestrian Parking Committee (TPPC) were briefed in 2017 and had no objection to Megabus' planned operations. No issues were reported with Megabus' previous use of the Premises. The proposed use of the Premises would be until such time as the Premises are needed for the Atlantic Park Development. At that time, the parties will attempt to locate a mutually acceptable substitute location and would return to City Council for consideration of the right to use that location. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Approve the terms of the use agreement, revise the terms of the use agreement or decline entering into a use agreement. • Attachments: Ordinance Summary of Terms Location Map Disclosure Statements (2) Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager:( 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE USE AGREEMENTS 3 FOR THE USE OF A PORTION OF CITY 4 PROPERTY LOCATED AT THE DOME SITE BY 5 MEGABUS NORTHEAST, LLC AND FLIXBUS, 6 INC. 7 8 WHEREAS, on April 18, 2017, City Council approved the use of the 9 former HRT Bus Transfer Site located at the Dome Site at the corner of Pacific Avenue 10 and 19th Street (the "Premises") by Megabus Northeast, LLC ("Megabus") for use as a 11 drop-off and pick-up location for bus service for up to five years; 12 13 WHEREAS, due to the pandemic, Megabus terminated its agreement with 14 the City for use of the Premises on July 24, 2020; 15 16 WHEREAS, Megabus now desires to restart its operations in the City and 17 has requested use of the Premises on the terms and conditions set forth in the 18 Summary of Terms, attached hereto as Exhibit A; 19 20 WHEREAS, FlixBus, Inc. ("FlixBus"), another commercial passenger bus 21 company, has approached the City about also using the Premises for drop-off and pick- 22 up; 23 24 WHEREAS, FlixBus has also agreed to the terms and conditions set forth 25 in the Summary of Terms; 26 27 WHEREAS, under the terms of the proposed use agreements with 28 Megabus and FlixBus, the City could terminate either party's right to use the Premises 29 when the Premises are needed for the start of construction of the Atlantic Park project 30 at the Dome Site; and 31 32 WHEREAS, the operations of Megabus and FlixBus in the City would 33 provide additional transportation options in the City's resort area for residents and 34 tourists. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager, or his designee, is hereby authorized to execute 40 use agreements with Megabus and FlixBus, each in accordance with the Summary of 41 Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 42 conditions, and modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on this 46 day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL h SUFFICIENCY: ci-LO/ /} -7 ri v � Planning Depa ment / City Attorney CA15232 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D010\P018\00074036.DOC R-1 June 4, 2021 EXHIBIT A SUMMARY OF TERMS OWNER: City of Virginia Beach (the "City") USERS: Megabus Northeast, LLC ("Megabus") and FlixBus, Inc. ("FlixBus") (each User will have a separate agreement) TERM: July 1, 2021 (or when a User resumes service, whichever is later) through December 31, 2021 (unless sooner needed for Atlantic Park) FEE: $1,061.21 per month, escalated by 2% monthly (based on fee Megabus was paying when prior agreement terminated) PREMISES: Former HRT Bus Transfer Site at the intersection of Pacific and 19th Street at the Dome Site (Portion of GPIN: 2427-17-0853) RIGHTS AND RESPONSIBILITIES OF USERS: • Use the Premises for the pickup and drop-off of Users' passengers, with each User only having the right to exclude other's use of the Premises two hours before and after scheduled pickup and drop-off times. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Users may install a trash can and up to two (2) benches at locations approved by the City at Users' sole cost and with Users bearing all operation and maintenance costs of such items. • Each User to indemnify the Owner for any and all damages to persons and property in connection with Users' use of the Premises • Maintain all appropriate permits, licenses and insurance required by state and local codes. • Pay all applicable taxes. RIGHTS AND RESPONSIBILITIES OF OWNER: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason, including if the City determines that the Premises are needed for construction of the Atlantic Park development at the Dome Site. _ �`�- -_ - ti, ice,- , t _ ' f, y14 %4. �,..,.+" 00000. 1i and aaa ,, _ 4 ry' i 1 \ tU CrQ `I - e 3: t _ Cr CA r _ p �14 o =. n k: '1 N O 1 _'. t . o * C Z r - Q D OK 12 ,e,;_:-. : ..... , �q f rD _ `— 3 - IIS - ,_ fD 4.' 1; c. e-F 4 - '1 �. • ..... ,. . . „, _.., .._._ ____, ..., _,_ ._... ....,, , _ , . ., , ,,....,, __. __ 1 - • I�.,.-x . . . . - . silo. 1 1 _11, At .., -41P. .\ e . ..�F 3nval Disclosure Statement City of Virginia Beath 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 Megabus Northeast LLC Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Michael Waters,Service Delivery Director Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? U Yes D No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) See attachment#1 • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Variant Equity Advisors,LLC(parent);Coach USA, Inc.(subsidiary);Megabus Northeast LLC(subsidiary) 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. 1IFa Disclosure Statement ('if y ofVugimu Bale!:. 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 No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ 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 I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement , rlrr rr%4-ant,sir... Planning Rr Cornrtinitt" 6. Does the applicant have a=in tru tion 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 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 Ni 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?0 Yes % No • If yes,identify the firm and Individual providing the service. A. llcant Sknature 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. *float". eAT014140 Applicant Signature Print Name and Title Michael R.WOWS Date Is the applicant also the owner of the subject property? 0 Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USF or tv All disdesures must be updated two(2)weeks prior to any Planning Commission and City Coamcil meeting that pertains to the applications w "°dumpsite Of Uite �,,?. W"Wre 4#� /A 3IPage 1Rs 0. OAmegabus.com tow cost Inter city bus travel 6/2/2021 ATTACHMENT#1 Meeabus Northeast(NE)LLC Officers Listing President Linda Burtwistle Vice President(s) Farhaad Chanduwadia Colin Emberson Scott Sprengel Colm Lynch Jim Rutherford 349 First Street/Elizabeth,New Jersey 07206/908-354-3330 Disclosure Statement 1/13 City of Virginia Raxh Planning & Community Development -111111 . 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 FlixBus, Inc. Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Paul Henjes 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) President: Pierre Gourdain;Treasurer: Lutz Nagel;Secretary:Christina Steinmann • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) FlixMobility GmbH(Address: Friedenheimer Bruecke 16,80639 Munich Germany) "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. Wage Disclosure Statement A/13 C5'tu of Virginia Bm<h 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 ■ No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the firm and individual providing the service. Associes corp;Alain Demeestere 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? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement Pia nning& Column nity 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 E. 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 NE 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?0 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 committee in connection with this application. Applicant Slinan ne Paul Henjes,Government Relations Associate,FlixBus, Inc. Print Name and Title June 3rd,2021 Date Is the applicant also the owner of the subject property? ❑ Yes it 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 c es es of Oa" 6 2/ Signature ' ow Print Name • � / /! 3IPage [— - ,, , Nu—' ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2021, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 15, 2021 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2021, it is necessary to appoint viewers for one-year terms beginning July 1, 2022. • Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: ii-6,-2, 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2021, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2021 and ending June 30, 2022. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2021 and ending June 30, 2022, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. 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: (111.1,-t c(c' ' Department f Planning City Attorney's Office CA15475 R-1 June 7, 2021 C ,,J�f'�4�tiH,gl fit �y C: t/ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A RESOLUTION TO PROVIDE A WORKERS' COMPENSATION PRESUMPTION TO SALARIED EMERGENCY MEDICAL SERVICES PERSONNEL MEETING DATE: June 15, 2021 • Background: The Virginia Beach City Council included in its Legislative Agenda for the General Assembly 2021 Session a request to authorize the workers' compensation presumption as to death or any, health condition or impairment resulting in total or partial disability from hypertension or heart disease to salaried emergency medical services personnel. The 2021 Special Session I Acts of Assembly Chapter 436 amended § 65.2- 402 of the Code of Virginia authorizes localities to extend that workers' compensation presumption to salaried and/or volunteer emergency medical services personnel who have completed five years of service, upon adoption of a resolution. The amended law is effective July 1, 2021. The presumption provides that any such death, health condition or impairment from hypertension or heart disease shall be presumed to be occupational diseases, suffered in the line of duty, unless such presumption is overcome by a preponderance of competent evidence to the contrary. Subsection (D) of the statute provides that the presumption only applies if the person entitled to invoke it has, if requested by the City, undergone preemployment physical examinations that meet the criteria set forth therein, and such examinations found the person free of respiratory diseases, hypertension, cancer or heart disease at the time of the examinations. This presumption already applies to City of Virginia Beach members of the Police Department, the sheriff and deputy sheriffs, and firefighters. • Considerations: City of Virginia Beach salaried emergency medical services personnel already undergo pre-employment physical examinations and annual occupational physical examinations similar to those of police officers, sheriff deputies and firefighters. • Public Information: Information will be disseminated through the regular Council agenda notification process. The Chief of the Department of Emergency Medical Services previously briefed the Council of Virginia Beach Volunteer Rescue Squads regarding this initiative. • Recommendations: The Department of Emergency Medical Services recommends approval of the resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Service City Manager 1 9 1 A RESOLUTION TO PROVIDE A WORKERS' 2 COMPENSATION PRESUMPTION TO SALARIED 3 EMERGENCY MEDICAL SERVICES PERSONNEL 4 WHEREAS, the 2021 Special Session I Acts of Assembly Chapter 436 amended 5 § 65.2-402 of the Code of Virginia to allow localities to extend the workers' compensation 6 presumption as to death or any health condition or impairment resulting in total or partial 7 disability from hypertension or heart disease to salaried emergency medical services 8 personnel who have completed five years of service, upon adoption of a resolution; 9 WHEREAS, the amended law is effective July 1, 2021; 10 WHEREAS, the presumption provides that any such death, health condition or 11 impairment shall be presumed to be occupational diseases, suffered in the line of duty, 12 unless such presumption is overcome by a preponderance of competent evidence to the 13 contrary; 14 WHEREAS, subsection (D) of the statute provides that the presumption only 15 applies if the person entitled to invoke it has, if requested by the City, undergone 16 preemployment physical examinations that meet the criteria set forth therein, and such 17 examinations found the person free of respiratory diseases, hypertension, cancer or heart 18 disease at the time of the examinations; 19 WHEREAS, this presumption already applies to members of the Police 20 Department, the sheriff and deputy sheriffs, and firefighters; 21 WHEREAS, the City of Virginia Beach values and recognizes salaried emergency 22 medical services personnel employed by the City as critical resources who perform 23 valuable lifesaving services to the community; and 24 WHEREAS, the City of Virginia Beach desires to extend the presumption to 25 salaried emergency medical services providers. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That effective July 1, 2021, the aforementioned rebuttable presumption shall apply 29 to salaried emergency medical services personnel, as that term is defined in Va. Code § 30 32.1-111.1, employed by the City of Virginia Beach who have completed five years of 31 service in their position and who meet the criteria in Virginia Code § 65.2-402(D). 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day 33 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO C ENT: git I Emergen Medical Services Depa f nce APPROVED AS TO LEGAL SUFFICIENCY: , //24,(- A (S:-- City Alkorney's Office CA15458 R-2 May 28, 2021 ,..„,, te. „, F°{ ,,., (4,,,_ i_.. .,..., ,r, ,:„...,....„ Lw CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Five Resolutions to Support Revenue Sharing Projects and to Authorize the City Manager to Execute a Project Agreement with the Virginia Department of Transportation in Furtherance Thereof MEETING DATE: June 15, 2021 • Background: The Virginia General Assembly established the Revenue Sharing Program (§ 33.2-357 of the Code of Virginia) to provide localities with additional funds for priority projects or to supplement funding for existing projects on the highway network within a locality. The program provides state funding at a dollar-for-dollar match with local funds. The City has received and programmed the following allocations: Total Revenue Total Local Project Cost Sharing Contribution First Colonial Road / VB Blvd $31 ,962,696 $10,000,000 $21 ,962,696 Princess Anne Road Phase VII $33,609,843 $15,000,000 $18,609,843 Rosemont Road Phase V $20,393,592 $9,000,000 $11,393,529 Sandbridge Rd — Nimmo Phase VII-A $21,690,581 $10,000,000 $11,690,581 Shore Drive Corridor Phase III $32,166,881 $10,000,000 $22,166,861 Total $139,823,593 $54,000,000 $85,823,510 These five projects were previously covered under a programmatic agreement dated July 28, 2018. This agreement was valid for a term of three years and expires July 1, 2021 . Beginning July 2021 , the Virginia Department of Transportation (VDOT) is no longer utilizing programmatic agreements for the Revenue Sharing Program. Now, a separate project agreement is required for each project. Further, for each project agreement, VDOT now requires a resolution from the local governing body stating its support for the project and authorization to execute the project agreement. • Considerations: These actions do not require the adjustment of funding. Local funding for each of the project was previously appropriated and is sufficient to satisfy the City's required local match. These actions are necessary to comply with VDOT project requirements. • Public Information: Normal Council Agenda process. • Attachments: Resolutions (5); Maps (5) Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: Orr 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100183 "FIRST 3 COLONIAL ROAD / VIRGINIA BEACH BOULEVARD 4 INTERSECTION IMPROVEMENTS" AND TO AUTHORIZE 5 THE CITY MANAGER TO EXECUTE A PROJECT 6 AGREEMENT WITH THE VIRGINIA DEPARTMENT OF 7 TRANSPORTATION IN FURTHERANCE THEREOF 8 9 WHEREAS, the Virginia Department of Transportation and the City of Virginia 10 Beach have heretofore had a programmatic agreement that provided assurances and 11 commitments by the City to fund its local share for projects that received funds from the 12 Commonwealth under the Revenue Sharing Program; 13 14 WHEREAS, the City's current programmatic agreement with the Virginia 15 Department of Transportation expires at the end of June 2021; and 16 17 WHEREAS, the Virginia Department of Transportation has decided to discontinue 18 and phase out programmatic agreements and instead require a City Council resolution to 19 ensure the commitment of local funds for Revenue Sharing projects. 20 21 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA THAT: 23 24 1. The City Council of Virginia Beach hereby commits to fund the City's local 25 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 26 # 100183, "First Colonial Road / Virginia Beach Boulevard Intersection Improvements," 27 under agreement with the Virginia Department of Transportation, in accordance with the 28 project's financial document. 29 30 2. The City Manager and/or his designee is hereby authorized to execute all 31 agreements and/or addendums for approved projects with the Virginia Department of 32 Transportation. 33 34 3. The authorization provided by this resolution extends to the corresponding 35 name and UPC numbers for the project listed supra as such project is named or 36 designated by the Commonwealth on the Virginia Department of Transportation's Six- 37 Year Improvement Plan 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: Budget and'tilanagement Services I tt ey's Office CA15465/R-1/June 2, 2021 z9 -�� ,IR \\,\I �` gm N "� �� 1 i 1 UW —��— E . * �4 o 01 1,\ NNPOR s 5 tglik�� pc ri ,-- vot.,„ - ---PECK Rp, ',Ott O i ' O IY� a_ Jr r. OG slOor � if WEST CT w= m J 17 A ► W III k,_� ill 1 C ri, A , __, , 2 II j11 :it IlogIcii.- wok c ANNIE rstu 4 \allot _______ � , — INDIANAAVE- O''OR;62 rZ WIR 5 m us ok L Ni II I e Z `�5 j 1 ! SNN 1NHV E' .... ...... . , - Fr tufk, . i, %OS WWI \ A OCEANA=BLVD- powRs, o LOCATION MAP Ro Ri FIRST COLONIAL ROAD AND 6 VIRGINIA BEACH BLVD. INTERSECTION IMPROVEMENTS CIP 100183 Prepared by P.W./Eng./Eng.Support Services Bureau 5/26/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\First Colonial-Va Beach Blvd Intersection\CIP 10018 1 A RESOLUTION TO AFFIRM CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100318 "PRINCESS 3 ANNE ROAD PHASE VII" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, the Virginia Department of Transportation and the City of Virginia 9 Beach have heretofore had a programmatic agreement that provided assurances and 10 commitments by the City to fund its local share for projects that received funds from the 11 Commonwealth under the Revenue Sharing Program; 12 13 WHEREAS, the City's current programmatic agreement with the Virginia 14 Department of Transportation expires at the end of June 2021; and 15 16 WHEREAS, the Virginia Department of Transportation has decided to discontinue 17 and phase out programmatic agreements and instead require a City Council resolution to 18 ensure the commitment of local funds for Revenue Sharing projects. 19 20 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA THAT: 22 23 1. The City Council of Virginia Beach hereby commits to fund the City's local 24 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 25 # 100318, "Princess Anne Road Phase VII," under agreement with the Virginia 26 Department of Transportation, in accordance with the project's financial document. 27 28 2. The City Manager and/or his designee is hereby authorized to execute all 29 agreements and/or addendums for approved projects with the Virginia Department of 30 Transportation. 31 32 3. The authorization provided by this resolution extends to the corresponding 33 name and UPC numbers for the project listed supra as such project is named or 34 designated by the Commonwealth on the Virginia Department of Transportation's Six. 35 Year Improvement Plan. 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:. 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'0.--A, ., w , .4.,-.44v*:2,,, *-k•-•7 -;.f.-or-av-',-4-'-i ..%--li,v ,4vA1.4. tivir,_ . •0 \ ,"----- - - i liZqi iPkill4t14 C>` ".4Zt-; (<>/j1447/11P 04,4 C4 44, C :4-1fr4,441#0, � j;ti 4.. ,Q- 4. 01 •.) ,, ,,, Api. 1 ;i il l 4 - ; Qj"ooOA � Qt1,,if -©N ith, , 4 a Q ii 4 *tar oc,, 4-At?. to-4141-0_450‘, —.0, IIA I .:7004.16. 4,, r,„.1,,c110._, I ,P 7- 40AZ VP 7.--,......, , . 0 ._ . , 0 414 I / o 1 �GN 9 OP '' , 1*/a.._, i�Q 6c-r. uY PR KSE = �0G �� sc, claw ,Q� o - A 0:.1��t®Op© /Ie LOCATION MAP y ro - PRINCESS ANNE ROAD - PHASE VII CIP 100318 4V,CA' , vL 411114111111r Feet 0 500 1 ,000 2,000 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100340 "ROSEMONT 3 ROAD PHASE V" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, the Virginia Department of Transportation and the City of Virginia 9 Beach have heretofore had a programmatic agreement that provided assurances and 10 commitments by the City to fund its local share for projects that received funds from the 11 Commonwealth under the Revenue Sharing Program; 12 13 WHEREAS, the City's current programmatic agreement with the Virginia 14 Department of Transportation expires at the end of June 2021; and 15 16 WHEREAS, the Virginia Department of Transportation has decided to discontinue 17 and phase out programmatic agreements and instead require a City Council resolution to 18 ensure the commitment of local funds for Revenue Sharing projects. 19 20 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA THAT: 22 23 1. The City Council of Virginia Beach hereby commits to fund the City's local 24 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 25 # 100340, "Rosemont Road Phase V," under agreement with the Virginia Department of 26 Transportation, in accordance with the project's financial document. 27 28 2. The City Manager and/or his designee is hereby authorized to execute all 29 agreements and/or addendums for approved projects with the Virginia Department of 30 Transportation. 31 32 3. The authorization provided by this resolution extends to the corresponding 33 name and UPC numbers for the project listed supra as such project is named or 34 designated by the Commonwealth on the Virginia Department of Transportation's Six- 35 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. 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InL0a sat rit.t.., p,, \ 1l,1,ri4 1i11111'��Ilrlrrlrlrl �� ##4,��I, 4I v wi uuu • 1:041111 liktar tivr la: /;:- /- 0 _26,44f4.- --le It.4j1&!1 41 r • • 'LAP• / NN_SIN ) A O 'See% N i F71- i-N .F744 4trOk ' - / eti1 ,O 'er � V►�4-4 G�i C, rlion1. �?-)N,ff N /, ,0� tip. . 7„*A?ctlo:: ! ini illorc:).p. t‘ 0 -to, Fi,. ir__ _, '6.0 AL 6)S--'411* k N `►relit•' ti QQ r _,' NN O NET ,O 0,-1 MVO e- Ci c �� LOCATION MAP I.gmII ;5III*l4 �P MEDICAL PKWY� °.Q ROSEMONT ROAD PHASE V ��� n CIP 100340 Prepared by P.W./Ena./Ena.Support Services Bureau 5/26/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\Rosemont Rd 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100356 "SANDBRIDGE 3 ROAD — NIMMO PARKWAY PHASE VII-A" AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 PROJECT AGREEMENT WITH THE VIRGINIA 6 DEPARTMENT OF TRANSPORTATION IN FURTHERANCE 7 THEREOF 8 9 WHEREAS, the Virginia Department of Transportation and the City of Virginia 10 Beach have heretofore had a programmatic agreement that provided assurances and 11 commitments by the City to fund its local share for projects that received funds from the 12 Commonwealth under the Revenue Sharing Program; 13 14 WHEREAS, the City's current programmatic agreement with the Virginia 15 Department of Transportation expires at the end of June 2021; and 16 17 WHEREAS, the Virginia Department of Transportation has decided to discontinue 18 and phase out programmatic agreements and instead require a City Council resolution to 19 ensure the commitment of local funds for Revenue Sharing projects. 20 21 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA THAT: 23 24 1. The City Council of Virginia Beach hereby commits to fund the City's local 25 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 26 # 100356, "Sandbridge Road — Nimmo Parkway Phase VII-A," under agreement with the 27 Virginia Department of Transportation, in accordance with the project's financial 28 document. 29 30 2. The City Manager and/or his designee is hereby authorized to execute all 31 agreements and/or addendums for approved projects with the Virginia Department of 32 Transportation. 33 34 3. The authorization provided by this resolution extends to the corresponding 35 name and UPC numbers for the project listed supra as such project is named or 36 designated by the Commonwealth on the Virginia Department of Transportation's Six- 37 Year Improvement Plan. 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: Budget and Management Services Ci r y's 0 e CA15464 R-1 June 2, 2021 p• NECK RD * \.' 1 ® ;N ° 000 2, • W_ -- E NIMMO P� t VI o CS. Q,Q �`r/' N �y ( �� ® Q S 0 9zo 44I "It tt� m < SIT mp, 41Wit,► O a.1p 0 a S`,O, \OA� AO Till N;� 01 VN:V o L Nsil 4N\`NpFbOASA0 m0 ttlf3 ri-(1);- SNPp, a �� . %II: 'lit 4 ,,,..0 IOW 0 >' .. ;1\1? ' '.. 016 � opoc es �' 7p _ - o �o \Jv° , s°pa 04) r ettaw , %imp NI, 47111 to �\ .4,44n4�0 00 pia 0" d ,�., c %v 1 LOCATION MAP • SANDBRIDGE ROAD - NIMMO PARKWAY PHASE VII-A CIP 100356 / Prepared by P.W/Enq./Enq.Support Services Bureau 5/26/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbridge Rd-Nimmo Pkwy Phase VII-A CIP 10035 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100381 "SHORE DRIVE 3 CORRIDOR IMPROVEMENTS PHASE III" AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 PROJECT AGREEMENT WITH THE VIRGINIA 6 DEPARTMENT OF TRANSPORTATION IN FURTHERANCE 7 THEREOF 8 9 WHEREAS, the Virginia Department of Transportation and the City of Virginia 10 Beach have heretofore had a programmatic agreement that provided assurances and 11 commitments by the City to fund its local share for projects that received funds from the 12 Commonwealth under the Revenue Sharing Program; 13 14 WHEREAS, the City's current programmatic agreement with the Virginia 15 Department of Transportation expires at the end of June 2021; and 16 17 WHEREAS, the Virginia Department of Transportation has decided to discontinue 18 and phase out programmatic agreements and instead require a City Council resolution to 19 ensure the commitment of local funds for Revenue Sharing projects. 20 21 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA THAT: 23 24 1. The City Council of Virginia Beach hereby commits to fund the City's local 25 share of preliminary engineering, right-of-way, and construction, as applicable, of Project 26 # 100381, "Shore Drive Corridor Improvements Phase III," under agreement with the 27 Virginia Department of Transportation, in accordance with the project's financial 28 document. 29 30 2. The City Manager and/or his designee is hereby authorized to execute all 31 agreements and/or addendums for approved projects with the Virginia Department of 32 Transportation. 33 34 3. The authorization provided by this resolution extends to the corresponding 35 name and UPC numbers for the project listed supra as such project is named or 36 designated by the Commonwealth on the Virginia Department of Transportation's Six- 37 Year Improvement Plan. 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: Budget and cement Services rn s Office CA15467 R-1 June 2, 2021 N I SITE W �, E J � S e G ,,...- `ft ♦-- Si, C .r a , , AFC l- z !iT ''''v _ Lac"r- I t ���oDPI R i�,0 101.11 st6-era,(40.1 f - 4.. �-- 11► O� RE R �W � o� J►� ��t�R1+111U111.. .... ;_-jl / 411 ,a�I♦ I G �✓ (r11� �c t jtt -: S ,,,-- -4't Ix viii• ,-. , •Iii • ,. ..... km • S` 0 • e ØA ' to 1�1'` ili,s b--t.7M, •``„ ,l> , . 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Feet t'<,-, 0 600 1,200 2,400 4--r-*, iLV„:..- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend the FY 2021-22 Operating and Capital Budgets of the Department of Housing and Neighborhood Preservation MEETING DATE: June 15, 2021 • Background: Since the finalization of the City's adopted budget in May, multiple events and notifications have occurred that require adjustments to the Department of Housing and Neighborhood Preservation's FY 2021-22 Operating Budget. The table below outlines these changes: Program FY 2021-22 Actual Variance Estimated CDBG $2,760,216 $2,744,919 ($15,297) ESG $175,778 $175,346 ($432) HOME $1,116,169 $1,104,622 ($11 ,547) HOPWA $1,939,442 $2,177,661 $238,219 SRAP $1 ,346,393 $1,622,977 $276,584 Total $7,337,998 1 $7,825,525 I $487,527 In addition to the program changes, the Department will receive funds from the American Rescue Plan Act (ARPA). For purposes of this request, there are two types of ARPA funding. First, there is $480,495 for emergency Housing Choice Vouchers. Second, there is $3,840,395 that are guided by HOME Program regulations, and such funds are intended to expand housing stability and affordable housing. • Considerations: The requested changes are needed to reconcile the department's budget to actual funding. A more detailed discussion on each of the changes is provided in the attached Summary. • Public Information: Normal Council agenda process. • Attachments: Ordinance; Summary of Changes; Capital Project Detail Page Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: pitiV 1 AN ORDINANCE TO AMEND THE FY 2021-22 2 OPERATING AND CAPITAL BUDGETS OF THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. The following adjustments are made in the Department of Housing and 10 Neighborhood Preservation's FY 2021-22 Operating Budget: 11 1) Decrease appropriations by $15,297 for Community Development Block 12 Grant funds, with federal revenue decreased accordingly; 13 2) Decrease appropriations by $432 for Emergency Shelter Grant funds, with 14 federal revenue decreased accordingly; 15 3) Decrease appropriations by $11,547 for HOME Investment Partnership 16 Program funds, with federal revenue decreased accordingly; 17 4) Increase appropriations by $238,219 for Housing Opportunities for People 18 with HIV and AIDS funds, with federal revenue increased accordingly; 19 5) Increase appropriations by $3,840,395 for American Rescue Plan HOME 20 program funds, with federal revenue increased accordingly; 21 6) Increase appropriations by $480,495 for American Rescue Plan Emergency 22 Housing Voucher funds, with federal revenue increased accordingly; and 23 7) Increase appropriations by $276,584 for State Rental Assistance Program 24 funds, with state revenue increased accordingly. 25 26 2. The following adjustments are made in the FY 2021-22 Capital Improvement 27 Program: 28 1) Capital Project #100584, "Housing Resource Center Accessibility" is hereby 29 established in the FY 2021-22 Capital Improvement Program; 30 2) $1,267,510 is hereby transferred to CIP #100584 from CDBG funds; and 31 3) $196,490 is hereby accepted and appropriated to Project #100584 from the 32 Virginia Department of Emergency Management for an emergency generator, 33 with state revenue increased accordingly. 34 35 3. The effective date of this ordinance is July 1, 2021. Requires an affirmative vote by a majority of all of the members of City Council. 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: Budget and Management Services City or 's Office CA15469/R-1 /June 2, 2021 Summary of Changes Attachment to Agenda Request to Amend the FY 2021-22 Operating Budget of the Department of Housing and Neighborhood Preservation and to Establish the Housing Resource Center (HRC) Accessibility CIP Project City Council - June 15, 2021 Item Funding Source/Need Amounts Discussion/Explanation a. Adjust appropriations to CDBG ($15,297) Each year in the operating budget the department match actual Federal ESG ($432) estimates the amount of Federal funding it will receive. allocations of funds HOME ($11,547) Once we are notified of the actual amounts, the HOPWA $238,219 appropriation amounts must be adjusted to match the actuals. b. Appropriate funding from $3,840,395 These are new funds provided under the American Rescue American Rescue Plan - Plan Act, and guided by HOME Program regulations. The item #1 department proposes to use them to provide short term rental subsidies for people experiencing homeless and housing instability, and to develop new affordable housing opportunities. These funds must be appropriated but will not be able to be expended until HUD provides subsequent regulatory guidance, expected in the late summer of this year. c. Appropriate American $317,821 housing This funding provides emergency vouchers for up to 35 Rescue Plan - item #2: voucher assistance; households meeting homeless or domestic violence Emergency Housing $180,164 administrative criteria; and provides funding for support services including Vouchers and services fees; housing search and other assistance to ,ielp ensure $480,495 TOTAL households remain off the street. These funds will be available on July 1, 2021. d. DBHDS -State Rental $276,584 The Virginia Department of Behavioral Health and Assistance Program (difference between Development Services contracts with our department to (SRAP)funds budgeted amount and administer rental subsidies on behalf of their clients in total allocation of Virginia Beach. They have indicated that they will provide $1,622,976) additional funding for this program in the upcoming fiscal year. f. Establish the Housing Appropriate $196,490 Provision of an elevator to the singles shelter areas on the Resource Center VDEM Grant; 2nd floor of the Housing Resource Center has become Accessibility Transfer $1,175,044 necessary due to the high percentage of participants with Improvements CIP; CDBG and $ 92,466 mobility limitations. This activity can be funded 100% with appropriate VDEM grant CDBG (match for available Federal CDBG funds and VDEM generator funds. funds; and Transfer VDEM) The VDEM funds were applied for and approved by VDEM VDEM and Federal to help fund enhancements to the emergency generator CDBG Funds into the CIP $1,464,000 Project capacity in the Housing Resource Center that will help total power the elevator during a power outage. The project will be administered by the department of Public Works. City of Virginia Beach FY 2022 thru FY 2027 Capital Improvement Program Project: Title:Housing Resource Center{HRC}Accessibility Status: Proposed • Category: Buildines and Assets Department: Public Works Ranking: Project Type Project Location Project Type: New Facility Construction J Expansion District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed C1P Funding Future Funding To Date FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Fundhtg S1,464,000 - S 1.464.000 - - - - - - Description and Scope The project is to provide for increased mobility access via construction of an exterior elevator at the City of Virginia Beach Housing Resource Center located at 104 N.Witchduck Road. The project will install an elevator to the second level male and female dorm areas of the facility for increased ADA accessibility_ Construction includes a building elevator addition external to the existing facility to include site excavation,footers,concreate pad,and exterior elevator housing with brick veneer to match existing structure. Elevator installation includes,but is not limited to,elevator cab able to accommodate a stretcher, mechanical and J or hydraulic drive components,shaft,electronic controls,and back-up power and automatic transfer switch for safe egress during power interruption. Purpose and Need The purpose of this project is to increase ADA accessibility at the City of Virginia Beach Housing Resource Center from 7 to 34 total beds_ This enables the Department of Housing and Neighborhood Preservation to meet the needs for reasonable accommodations at the Housing Resource Center. History and Current Status Construction of the 525M Housing Resource Center was completed in September 2019 by S.B Ballard Construction Company. The HRC provides support to families and individuals who are homeless or in imminent danger of losing their home. The most vulnerable homeless are often sheltered in the facility and many of these vulnerable members of our community suffer from physical limitations and injuries that limit mobility. During facility design and construction data demonstrated that accessible respite care dorm spaces on the lower level could accommodate patrons unable to maneuver the stairs to the living quarter! on the second level. However,after construction of the HRC,there was an unanticipated increase in the number of patrons needing ADA accessible overnight accommodations,consistently exceeding capacity on the lower floor. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07;21—12121 S 59,000 Construction 01122—03;23 S 1.171.000 Contingency 01;22—03;23 S 234,000 Total Budgetary Cost Estimate S 1.464.000 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding - State Funding $196,490 Federal Funding $1,267,510 Total Funding:51,464,000 1 r '1 CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Accept and Appropriate State Funds and to Transfer Funds from the City Manager's Special Pandemic and Vaccine Support Reserve to the Department of Human Services for the Children's Services Act Program MEETING DATE: June 15, 2021 • Background: In 1992, the Virginia General Assembly enacted the Children's Services Act (CSA). The mission of the CSA is to create a collaborative system of services and funding that is child-centered, family-focused, and community-based when addressing the strengths and needs of troubled and at-risk youth and their families. The City of Virginia Beach CSA program is part of the Human Services Department, and it operates under the guidelines of the Virginia Office of Children's Services (OCS). The program receives an annual allocation of funding from the Commonwealth through OCS. A local match is required, which varies based on the category of services being provided and the volume of services needed to serve the children each fiscal year. In total, the budget for the Virginia Beach CSA in FY 2020-21 is $13.5 million, which was based upon FY 2019-20 actuals. Of this amount, approximately two-thirds came from non-City sources. If costs exceed budget, additional appropriations can be made to local CSA programs through a supplemental request process. This process ensures that all children in need of services can be accommodated. Based upon an analysis of program spending by the Virginia Beach CSA staff, the Community Policy and Management Team, the local governing board for the CSA program, voted unanimously on April 26, 2021 to make a supplemental request to OCS. The total cost of the increase is $3,998,124, of which $2,571,194 would be from the Commonwealth. OCS approved the request on May 6, 2021. The remaining $1,426,930 must be provided by the City. Costs for these services are projected to exceed budget for several reasons. CSA costs have risen due to increased program utilization and increased rates. Both higher costs and more use are ongoing trends statewide. For example, in its recently concluded session, the Virginia General Assembly mandated that OCS implement a statewide rate setting process for one of CSA's core functions, private day special education, for FY 2022-23. These trends have been further exacerbated by the pandemic. As a result of the safer-at-home orders, additional services had to be provided to each child and family, and in-home provider visits rose as families required extra assistance. Thus, the average cost of Community Based Services, for example, escalated almost 40% in FY 2020-21 above FY 2019-20. Further, additional students were referred to private day school services in the last year by the Virginia Beach City Public Schools. As these private day schools generally have very high tuition (the median statewide tuition was $54,000 in 2019), costs from additional participations can be a substantial cost burden upon the CSA program. • Considerations: To fulfill the required local match necessary to receive over $2.5 million from the Commonwealth, the City must contribute $1,426,930. A portion of this, $313,925, can be absorbed within the existing Human Services non-personnel operating budget. However, further funds in the amount of $1,113,005 are required. On February 2, 2021, the City Council established a City Manager's Special Pandemic and Vaccine Support Reserve. The dedicated purpose of this reserve was to address unforeseen pandemic needs for the City workforce. As the additional funds needed for the CSA program are for City services and not workforce needs, use of the fund through the City Manager's discretion is not allowed. However, as the reserve has $2.5 million in funds available and the CSA needs are related to the pandemic, it is recommended that the City Council use this reserve as the funding source from which to contribute the remaining share of the local match needed to receive the additional revenue from OCS. The attached ordinance would authorize the transfer of $1,113,005 from the reserve to the Department of Human Services. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO TRANSFER FUNDS FROM THE CITY 3 MANAGER'S SPECIAL PANDEMIC AND VACCINE 4 SUPPORT RESERVE TO THE DEPARTMENT OF HUMAN 5 SERVICES FOR THE CHILDREN'S SERVICES ACT 6 PROGRAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1 $2,571,194 from the Virginia Office of Children's Services is hereby accepted and 12 appropriated, with funds from the Commonwealth increased accordingly, to the FY 13 2020-21 Operating Budget of the Department of Human Services for expenditures 14 related to the Children's Services Act program. 15 16 2. $1,113,005 is hereby transferred from the City Manager's Special Pandemic and 17 Vaccine Support Reserve to the Department of Human Services within the FY 18 2020-21 Operating Budget for a portion of the local match for the Children's 19 Services Act program. 20 21 3. The use of $313,925 of existing Human Services non-personnel operating funds 22 is hereby authorized for a portion of the local match for the Children's Services Act 23 program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Gt arfd Ma 'sra ement Services o e Ofice 9 Y CA15460 R-1 June 1, 2021 rey'NIAZE1C11 itt - x y, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funding to the Department of Parks and Recreation MEETING DATE: June 15, 2021 • Background: The Department of Parks and Recreation's Out-of-School Time (OST) Program is the largest childcare organization in Virginia Beach and serves approximately 11% of the Virginia Beach City Public School elementary school population of 31,215 students. The total childcare market (licensed, religious exempt, voluntary registered, military, and Parks and Recreation) in Virginia Beach is just over 10,000 children, and the OST program holds a market share of approximately 35%. The Department of Parks and Recreation's Early Childhood Programs are licensed and serve 21/2 - to 5-year-olds. Virginia has received federal funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act for a fourth round of incentive grants to help childcare providers remain open and provide care for children during the COVID-19 pandemic. The Virginia Department of Social Services has awarded the Department of Parks and Recreation an additional $22,953 per site for four sites that continued to be open and provided childcare during the pandemic. This is a total grant award of $91,812. Providers and childcare business owners can use the funds for hazard pay for employees, reducing costs for parents, providing mental health and wellness supports to staff, or any of the safety requirements to protect children and staff from COVID-19. • Considerations: The attached ordinance appropriates $91,812 in grant funding. The proposed use of this funding is to purchase supplies for programs and to provide training to staff. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: (0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDING TO THE DEPARTMENT OF 3 PARKS AND RECREATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $91,812 in Federal Coronavirus Aid, Relief, and Economic Security Act funding is 9 hereby accepted and appropriated, with federal revenues increased accordingly, to the 10 Department of Parks and Recreation's FY 2020-21 Operating Budget for childcare 11 programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B d et dfbna ement Services Ci or 's Office 9 CA15468 R-1 June 2, 2021 c ...,,„A, 1. iff-Nt Er _ _:,,,, „1,-* i• CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Transfer$33,303 in Federal Funds from Capital Project # 100424 "Traffic Safety Improvements III" to Capital Project # 100212 "Independence Boulevard / Baxter Road Sidewalk" MEETING DATE: June 15, 2021 • Background: The Transportation Alternatives Program (TAP) is a federally funded transportation initiative intended to help localities fund community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of transportation infrastructure. The TAP focuses on providing pedestrian and bicycle access and facilities, as well as community improvements. The Buckner Boulevard Shared-Use Path provided a ten-foot wide shared-wise path along the south side of Buckner Boulevard from Rosemont Road to the western intersection of Rica Drive, a distance of approximately 0.6 miles. Within the Capital Improvement Program, the Buckner Boulevard Shared-Use Path project was a sub-project of Capital Project # 100424, "Traffic Safety Improvement Program Phase III." The Buckner Boulevard Shared-Use Path project was completed under budget in October 2017. Therefore, Buckner Boulevard has excess federal TAP funds remaining. Excess federal funds from completed TAP projects may be transferred to other active TAP projects within a locality. Capital Project # 100212, "Independence Boulevard / Baxter Road Sidewalk" is an existing, active TAP project that is eligible to receive excess federal TAP funding. On May 20, 2021, the Hampton Roads Transportation Planning Organization approved a request by the City to transfer these funds to "Independence Boulevard / Baxter Road Sidewalk." • Considerations: The excess federal TAP funding for the Buckner Boulevard Shared-Use Path sub-project within Project # 100424 must be transferred to another active TAP project within Virginia Beach or the funds will be returned for allocation to eligible projects elsewhere in the Commonwealth. The funds to be reallocated through this transfer are entirely federal; there is no adjustment of local funds. As such, if approved, the total appropriations available for Project # 100212, "Independence Boulevard / Baxter Road Sidewalk" will increase by $33,303. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: /It-1p 1 AN ORDINANCE TO TRANSFER $33,303 IN FEDERAL 2 FUNDS FROM CAPITAL PROJECT # 100424 "TRAFFIC 3 SAFETY IMPROVEMENTS III" TO CAPITAL PROJECT # 4 100212 "INDEPENDENCE BOULEVARD / BAXTER ROAD 5 SIDEWALK" 6 7 WHEREAS, at its May 20, 2021 meeting, the Hampton Roads Transportation 8 Planning Organization approved a request by the City to transfer excess funds from the 9 Buckner Boulevard Shared-Use Path project, a sub-project of Capital Project #100424, 10 "Traffic Safety Improvement Program Phase III," to Capital Project #100212, 11 "Independence Boulevard / Baxter Road Sidewalk." 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 $33,303 in federal Transportation Alternatives Program revenue is hereby 17 transferred from Capital Project # 100424, `Traffic Safety Improvements III," to Capital 18 Project# 100212, "Independence Boulevard / Baxter Road Sidewalk.' 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: �J udget and lanagement Services r y's ice CA15462 R-1 June 1, 2021 _ N _.,„ , I ° ry 0 I; NINA rDRp RGINIABEACH LVD r '� v I p�, O. W --OS-0- •- E w S Pi _-_:. .i..-.-- ,-- _ c �? r ;_-.±-'- -- 26, ` - JE PINTA Fi\J �, 1-j— m / 0. U,J111 v n C`> u.i It. z� SITE n \,_ ,,:\ v j ' I 'm�,>4 ,_. ,is,oirn,0 tttt°' �� �m� fz , c � ? tom. Q =1,_, ,s,/,„ .-k 43 cbcti ,0 ./ re f_t .(z_2 e„,,e 64 - xts)./ 17.4 .r! n6 w ',(z. NAN z9 6 ',& Q'-‘),z- cQ 1 yi _ ` . w z z. Oq 0 411O o/ f // . R Ili 'e R � r 00 ONO . 6 a v o � - /iti,;\ ,-- A © 4 �rN&� / �� P,; ,Q. I . Fp ici.\ /_-,,2 rit;k'4.‘\\VP Aitsr ' ,, .,\44,04,14 , j---,, .6% \ b.W1)... v ' t i i o ,„ il‘ --i--i-i,„, $‘s --/-, ccf 740111r*-7 > ' - ___y 0 -, -& /Awyl ,_____00,,0,(>,.1 et — \ - (P �w r �`¢I �°9�, \ SOUT = ' diii..a, U, -�( i��� el_ \ H_BLVD „ \\ a j/ �� 'GQ' l \ G 7, 'Q>, DOLTON:DR - ► \gyp ti��� ,` c 0 sz,„\ /0 , 0:‘ , %,,, se // dst/ , '' '' ..;''-- z'''.41'TIN \"--''' =4, :s' :2);, ,, \iihh. \ \ ** ‘4:, <' ' co' Air /',// 5,:-., ---/ #:„.„,,,, . ,,,‘, v - /., 11,----* IF ,s \'\://) _)\\> .,,. ..,- ---- V. ,,#1 .cti - ______. , - ,/ \ 04k4 ' - e )' /-,:e •-•• ' , e/ „ N-„,ex 4",,, /N, 6/2 if, /// ,.„,/>/ e 0 , ,4\, ., </, ///,, ,,,,,„-.0 „. / .', 0 </ '''</,,;',/;>;-/ , ' '-A2/k/i, ',, . '+' N .1i:\-:M:.-,,'':,,‘ ,-- C-.0.0 - ____Eik \-;\ 'N ' g F. �� \`'',�' '° o��, % f;i LOCATION MAP j F Qo \ w ) \,, 11 ice, C �- ( z F �, INDEPENDENCE BOULEVARD/ 0-• 'P� 0 � � `� BAXTER ROAD SIDEWALK • �� CIP 100212 o'p 4/10. Feet ii / ' `' � ��j -`c 0 250 500 1,000 J. PLANNING 1. OCEAN RENTAL PROPERTIES,LLC for a Change in Nonconformity re redevelop the site with eight (8) new dwelling units where nine (9) exist at 416 Norfolk Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. SOUTH LYNNHAVEN, LLC for a Modification of Conditions re allow the vacation of easements to construct office use at 877 South Lynnhaven Road DISTRICT 3 — ROSE HALL(Approved August 13, 1984) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO JULY 6, 2021 3. ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC./ CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT 1 —CENTERVILLE (Deferred from May 18, 2021) RECOMMENDATION: APPROVAL 4. BPMS CASCADES 2, LLC for a Conditional Use Permit re mini-warehouses at 2121 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. SH CAMPUS, LLC / ST LUKE'S UNITED METHODIST CHURCH for a Conditional Use Permit re group home at 3396 Stoneshore Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. DIANA BUHRMANN / MICHAEL KORNOELJE for a Conditional Use Permit re family day-care home at 998 Boughton Way DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. MISTIE WOOD for a Conditional Use Permit re family day-care home at 1105 Voss Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance(CZO) Sections 210.2,212,215,216 and 217 re signs and billboards RECOMMENDATION: APPROVAL 9. Ordinances re Short Term Rentals: a. AMEND City Zoning Ordinance (CZO) Section 102 re establish Short Term Rental Overlay Districts,East Shore Drive,North End and Oceanfront Resort(Requested by Vice Mayor Wood, Council Members Jones and Tower) b. AMEND the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay Districts-East Shore Drive,North End and Oceanfront Resort District (Planning Commission Version) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re Requirements and Use of Short Term Rentals and Overlays (Planning Commission Version) d. AMEND Section 241.2 of the CZO re Short Term Rentals and establishing Additional Safety Requirements(Planning Commission Version) e. ADD Article 23, Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO, establishing Regulations and Requirements re Short Term Rentals in Each Overlay District(Planning Commission Version) f. ESTABLISH Transitions Rules for the Review of Conditional Use Permits re Short Term Rentals in the Short Term Rental Overlays (Requested by Vice Mayor Wood, Council Members Jones and Tower) RECOMMENDATION: APPROVAL r u Pl' ' ';`1%.k 4, 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, June 15,2021 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: httos://vbgov.webex.com/vbgov/onstage/g.oho?MTI D=e8711b3a98c18099d01b493 6de4b099c0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on June 15,2021. The following requests are scheduled to be heard: Ocean Rental Properties, LLC (Applicant& Property Owner) Change in Nonconformity Adjacent Addresses: 416 Norfolk Avenue Adjacent GPIN(s): 2427141242, 2427142119 Council District Beach South Lynnhaven, LLC(Applicant& Property Owner) Modification of Conditions Address: 877 S Lynnhaven Road GPIN(s):1496342200 Council District Rose Hall BPMS Cascades 2,LLC(Applicant&Property Owner)Conditional Use Permit(Mini-Warehouses) Address:2121 Centerville Turnpike GPIN(s):1454985427 Council District Centerville Robin Gauthier(Applicant)Catholic Diocese of Richmond Virginia(Property Owner)Conditional Use Permit(Group Home)Address: 1593 Lynnhaven Parkway GPIN(s):1485484285 Coundl District Centerville SH Campus,LLC(Applicant)St Luke's United Methodist Church(Property Owner)Conditional Use Permit(Group Home)Address:3396 Stoneshore Road GPIN(s):1486822513 Council District Rose Hall 1 Diana Buhrmann(Applicant)Michael Kornoelje Jr.(Property Owner)Conditional Use Permit(Family Day-Care Home)Address:998 Boughton Way GPIN(s):1496414416 Council District Rase Hall Mistie Wood(Applicant&Property Owner)Conditional Use Permit(Family Day-Care Home)Address: 1105 Voss Court GPIN(s):2415329877 Council District Princess Anne CITY OF VIRGINIA BEACH-Zoning Ordinance Text Amendment to amend Article 2,Section B-Sign Regulations to comply with recent court decisions regarding the constitutionality of sign regulations. CITY OF VIRGINIA BEACH-Ordinances to Amend the City Zoning Ordinance Pertaining to Short Term Rentals:To Amend Section 102 of the City Zoning Ordinance Establishing Short Term Rental Overlay Districts, East Shore Drive, North End,And Oceanfront Resort;To Add Article 23, Consisting of Sections 2300 To 2303, (Short Term Rental Overlay Districts) to The City Zoning Ordinance Establishing Regulations and Requirements Pertaining to Short Term Rentals in Each Overlay District; To Amend The Official Zoning Map by the Designation and Incorporation of Property Into Short Term Rental Overlay Districts-East Shore Drive, North End and Oceanfront Resort District;To Amend Sections 401,501,601,901,1110,1125,1521,and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code Pertaining to the Requirements and Use of Short Term Rentals and Overlays;Establishing Transitions Rules for the Review of Conditional Use Permits for Short Term Rentals in the Short Term Rental Overlays;To Amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals and Establishing Additional Safety Requirements. 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.Staff Reports will be available on the webpage 5 days prior to the meeting. 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-MAY 30&JUNE 6,2021-1 TIME EACH 1 I P 1 R5S' I I I A M N R5S !PiW '\ t ' �" i Pinewood Drive - � PnewoodDrive 04 , • r___,_, i , , 4 A\ _____, ct 1_31 1' ___Fl_ o -1 (ute. L -� _ ❑ R5S rna _- , ----- A 8--- Avenue W Norfolk—Avenue Norfolk Av _ _. iii. 7 - % 11110-#113 et ' 'n\ 0 R_T3 ' c. Al A • A-1�2 0 ,, , � 1� •� . RT3 A o Al 2 a‘2,,,\ .00.0. R5S �'�� .- -9th .. Ilk\, i ___„______,-,------ ,,*i \-\n la r/" '1i likt ___)\ �� �� stree t„Iv ,,il\I \ ,_______ \___-\ (0 r ___ ,„ R5S ��1\R-SS T „_ � � 111 it • cv ir. R 3 :Aloe *� � A 18 ..,,, 'R5S ok1 R5S . _- � �. St 0 tal \ '' A3 \ RvS�a _digii R5S Uvooria A18 oil -1 imam= , '11 \ \ ---' ' a , - ,* 0 11 - r 01111, .....„--011111 /// Site Ocean Rental Properties, LLC W ' ' E Property Polygons 416 Norfolk Avenue i Zoning Building - in mill Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 I ,-, ry `�'��yy�l ig6 s) CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Change in Nonconformity (Redevelop the site with eight new dwelling units where nine exist) for the property located at 416 Norfolk Avenue (GPINs 2427141242, 2427142119). COUNCIL DISTRICT — BEACH MEETING DATE: June 15, 2021 • Background: The applicant seeks to demolish the existing five nonconforming structures on three lots totaling 11 ,935 square feet. As these lots under current requirements, that were platted in 1924, can only be developed with up to three duplexes (six units) as a matter of right, the request to construct eight townhouses requires an approval by City Council to structurally alter and reconstruct the existing nonconforming use to the townhouse style multifamily development. The reduction in units decreases the degree of nonconformity in density while the layout results in an increase in the degree on nonconformity for percentage of lot coverage, exceeding the maximum lot coverage allowed in the A-12 Apartment District by approximately 3,110 square feet or 65 percent. The proposed three-story, contemporary-style townhouses are proposed with an exterior of vinyl lap siding, windows, railing, and shutters, as well as an asphalt shingle roof. The proposed redevelopment includes right-of-way improvements of sidewalks and curb and gutter improvements along Norfolk Avenue and Baltic Avenue. Eighteen on-site parking spaces (including two carport spaces) are provided, thereby meeting the minimum parking requirement. ■ Considerations: Section 105(d)(1) of the Zoning Ordinance states, "no nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity...exception...by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity." The Planning Commission noted their preference to redevelop the property that contains several buildings that were constructed as early as 1948. The vote of 5-3 to approve the application included alterations to Conditions 1 and 3. As recommended, Condition 1 increases the number of units allowed on the site to eight, rather than six as recommended by Staff; and Condition 3 permits a decreased front and side yard setback for proposed Unit 1 from 30 feet to 4.63 feet. These modifications are indicated below by underlined and strikethrough text. Further details pertaining to Ocean Rental Properties, LLC Page 2 of 3 the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received 14 letters of support and one petition of support that included five signatures all of whom also provided individual letters of support. There is no known opposition to this request. • Recommendation: On May 12, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 5 to 3. 1 . When the site is redeveloped, the maximum density shall not exceed sip (6-) eight (8) multi-family dwelling units. 2. When the site is redeveloped, the exterior building materials shall substantially adhere to the elevations entitled, "Norfolk Avenue Residential at Baltic Avenue — Conceptual Elevations" December 9, 2019, and prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is redeveloped, a minimum the building setbacks of ten (10) feet shall be reduced as depicted on the concept plan entitled, "Conceptual Site Plan Exhibit", dated April 30, 2021 , and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. These are is a deviations to the front and side yard setbacks required by the Zoning Ordinance. 4. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning & Community Development for review and approval. 5. When the site is redeveloped, 5-foot wide sidewalks shall be installed along Norfolk Avenue and Baltic Avenue with curb and gutter. 6. When the site is redeveloped, the curb line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be 35 feet, the curb line radius at the intersection of Baltic Avenue and 9th Street shall be 25 feet, in accordance with Section 3.5 of the Public Works Design Standards Manual. The property line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be 20 feet, and the property line radius at the intersection of Baltic Avenue and 9th Street shall be 10 feet, in accordance with Section 4.1 of the Subdivision Regulations. 7. Prior to Site Plan approval, a subdivision plat to vacate the interior property lines shall be submitted to the Department of Planning & Community Development for review, approval, and recordation. Ocean Rental Properties, LLC Page 3of3 ■ Attachments: Staff Report and Disclosure Statements Location Map Ordinance Minutes of Planning Commission Hearing Letters of Support (14) Petition of Support (1 with 5 signatures of property owners who also individually provided the letters of support) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:/,2 1 A RESOLUTION AUTHORIZING AN EXPANSION AND 2 RELOCATION OF A NONCONFORMING USE ON 3 PROPERTY LOCATED AT 416 NORFOLK AVENUE 4 5 WHEREAS, Ocean Rental Properties, LLC (the "Applicant") has made application 6 to the City Council for authorization to expand and relocate the nonconforming multifamily 7 structures located at 416 Norfolk Avenue and zoned A-12 Apartment Zoning District with 8 the demolition and reconstruction of all nonconforming structures on the parcel; 9 10 WHEREAS, this parcel currently contains five (5) residential structures with nine 11 (9) nonconforming dwelling units which were built prior to the adoption of the applicable 12 zoning regulations and are therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on May 12, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 and relocation of nonconforming structures is unlawful in the absence of a resolution of 19 the City Council authorizing such action upon a finding that the proposed structures as 20 expanded will be equally appropriate or more appropriate to the zoning district than are 21 the existing structures. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures as expanded and 27 relocated, will be equally appropriate to the district as are the existing nonconforming 28 structures under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion and relocation of the nonconforming structures is hereby 34 authorized, upon the following conditions: 35 36 1. When the site is redeveloped, the maximum density shall not exceed eight(8)multi- 37 family dwelling units. 38 2. When the site is redeveloped, the exterior building materials shall substantially 39 adhere to the elevations entitled, "Norfolk Avenue Residential at Baltic Avenue— 40 Conceptual Elevations" December 9, 2019, and prepared by Finley Design 41 Architecture + Interiors, which has been exhibited to the Virginia Beach City Council 42 and is on file in the Department of Planning and Community Development. 43 3. When the site is redeveloped, the building setbacks shall be reduced as depicted on 44 the concept plan entitled "Conceptual Site Plan Exhibit" dated April 30, 2021, and 45 prepared by WPL which has been exhibited to the Virginia Beach City Council and is 46 on file in the Department of Planning and Community Development. These are 47 deviations to front and side yard setbacks as required by the Zoning Ordinance, 48 4. Prior to site plan approval, a Landscape Plan shall be submitted to the Department 49 of Planning & Community Development for review and approval. 50 5. When the site is redeveloped, 5-foot wide sidewalks shall be installed along Norfolk 51 Avenue and Baltic Avenue with curb and gutter. 52 6. When the site is redeveloped, the curb line radius at the intersection of Norfolk 53 Avenue and Baltic Avenue shall be 35 feet, the curb line radius at the intersection of 54 Baltic Avenue and 9th Street shall be 25 feet, in accordance with Section 3.5 of the 55 Public Works Design Standards Manual. The property line radius at the intersection 56 of Norfolk Avenue and Baltic Avenue shall be 20 feet, and the property line radius at 57 the intersection of Baltic Avenue and 9th Street shall be 10 feet, in accordance with 58 Section 4.1 of the Subdivision Regulations. 59 7. Prior to site plan approval, a subdivision plat to vacate the interior property lines 60 shall be submitted to the Department of Planning & Community Development for 61 review, approval and recordation. 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 Planning RTC d Community City A omey's Office Development CA15437 R-3 June 2, 2012 2 Applicant & Property Owner Ocean Rental Properties, LLC Agenda Item Planning Commission Public Hearing May 12, 2021 City Council Election District Beach 5 Virginia Beach Request Change in Nonconformity Staff Recommendation 0 Denial � • Staff Planner • �. � 1 Hoa N. Dao Location 101giii'�' 416 Norfolk Avenue irisi � GPINs lini0Villitt el 2427141242, 2427142119 Site Size M�■ •riialliWij .11,935 square feet '��V M AICUZ � O0 70-75 dB DNL t, i t. leWatershed _--1 Atlantic Ocean ■. Existing Land Use and Zoning District I iii a _ Multi-family dwellings/A-12 Apartment Surrounding Land Uses and Zoning Districts . North I% ,, am to � Norfolk Avenue } _ .'1', 1 Single-family dwelling / R-5S Residential r t '� South - P 9th Street r Multi-family dwelling/A-18 Apartment t F" ��' • East 11111 - 1°1 Single-family dwelling/A-12 Apartment N ;_ rF West Y. - `k - Baltic Avenue YP% % 1 .- , ` r Single-family dwelling/A-12 Apartment #^��� Jib . _ Ocean Rental Properties, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • The subject property,zoned A-12 Apartment District,consists of five residential structures that according to the City Assessor's records were constructed in 1948.These dwellings vary in both size and shape contain a total of nine nonconforming units. • The subject 11,935 square foot site consists of three lots that were platted in 1924. For newly created lots zoned A- 12 Apartment District, a site of this size could yield three residential units. • Particular to the subject site, as these three lots were created prior to the adoption of the Zoning Ordinance in 1954 and were legally established, a total of three duplex units (six total units)would be permitted as a matter of right. • The applicant proposes to demolish the existing structures and redevelop the site with two new buildings,each containing four townhomes (eight total units).As the proposal exceeds the maximum of six units permitted,the applicant seeks to obtain permission to replace the existing nonconforming uses and fully redevelop the parcel with eight townhome units. • The submitted elevations depict three-story townhouses with a contemporary design with asphalt shingle roofing, vinyl lap siding,vinyl windows,vinyl railing,and vinyl shutters. • The submitted conceptual layout plan depicts the eight townhomes, 18 on-site parking spaces(including two carport spaces),and foundation and street frontage plantings,and a five-foot wide sidewalk proposed along Norfolk Avenue. • The required front yard setback from Norfolk Avenue,9m Street and Baltic Avenue is 30 feet,and the side yard setback is 10 feet.The existing buildings are 9.80 feet from Norfolk Avenue, 2.90 feet from Baltic Avenue,and 3.60 feet from 9th Street rights-of-way, respectively.The townhouses are depicted 4.63 feet from Norfolk Avenue and Baltic Avenue, 10.50 feet from 9m Street,and 10.50 from the side yard,thereby not meeting the minimum required setbacks along the streets. - I ' ' LIJ R-4S- A-18 Norfolk Awnus 11Q1`, ��, � ZoningHistory I # Request *� 1 REZ(A 12 to R 55)Approved 05/08/2001 Application Types MOD — Modification of Conditions or CUP—Conditional Use Permit 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 Ocean Rental Properties, LLC Agenda Item 5 Page 2 Evaluation & Recommendation As stated above, as a matter of right the property could be developed with up to three duplex units (six units in total). While the proposed redevelopment will reduce the number of dwelling units from nine to eight,the number remains in excess of what is permitted by-right, which is six units. It is important to note that when a nonconforming structure is demolished, it loses its nonconforming status and the new development is required to comply with the current regulations. Section 105 of the Zoning Ordinance does not permit removal of an existing nonconforming structure in order to redevelop the site with a new nonconforming structure.The applicant is requesting to utilize Section 105 (d) of the Zoning Ordinance to allow for the nonconforming structure to be "enlarged, extended, reconstructed, or structurally altered" by resolution of City Council. The property is located within the 70-75 dB DNL noise zone. While the residential use is not compatible with this noise zone, the reduction in the number of units is consistent with AICU7_ regulations of the Zoning Ordinance. While there are certain elements of the proposal that have merit, such as decreasing the number of units by one, reducing the degree of nonconformity of the building setbacks, and improved aesthetics of the site, in Staff's view the proposed density is too dense for this 11,935 square foot parcel. The proposed density at 29.20 units per acre is incompatible with the surrounding area, which consist of single family residentials and apartments to the south that has a density of 17.65 units per acre. The proposed redevelopment further increases the percentage of lot coverage, exceeding the maximum lot coverage allowed in the A-12 Apartment District by approximately 3,110 square feet or 65 percent. It is unclear how the applicant will address stormwater management for this redevelopment as the information was not submitted with the application. In addition,Traffic Engineering reviewed the proposal and commented that the proposed curb line radii and property line radius along Norfolk Avenue and 9' Street are proposed to be substandard. As the proposal is not consistent with the Zoning Ordinance for nonconforming structures and the proposed density is incompatible with the surrounding area, Staff recommends denial of this request; however, should the Planning Commission contemplate approval,the following conditions are provided for consideration. Recommended Conditions 1. When the site is redeveloped,the maximum density shall not exceed six-{)eight (8) multi-family dwelling units. 2. When the site is redeveloped, the exterior building materials shall substantially adhere to the elevations entitled, "Norfolk Avenue Residential at Baltic Avenue—Conceptual Elevations" December 9, 2019, and prepared by Finley Design Architecture+ Interiors,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is redeveloped, a minimumthe building setbacks of ten (10)feet shall be observed from all property lines shall be reduced as depicted on the concept plan entitled, "Conceptual Site Plan Exhibit", dated April 30, 2021, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Th+sese are is-a deviations to the front and rear yard setbacks required by the Zoning Ordinance. 4. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning& Community Development for review and approval. 5. When the site is redeveloped, 5-foot wide sidewalks shall be installed along Norfolk Avenue and Baltic Avenue with curb and gutter. Ocean Rental Properties, LLC Agenda Item 5 Page 3 6. When the site is redeveloped,the curb line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be 35 feet,the curb line radius at the intersection of Baltic Avenue and 9th Street shall be 25 feet, in accordance with Section 3.5 of the Public Works Design Standards Manual.The property line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be 20 feet,and the property line radius at the intersection of Baltic Avenue and 9' Street shall be 10 feet, in accordance with Section 4.1 of the Subdivision Regulations. 7. Prior to Site Plan approval,a subdivision plat to vacate the interior property lines shall be submitted to the Department of Planning&Community Development for review, approval,and recordation. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Resort Area Strategic Growth Area (SGA).The Resort Area Strategic Action Plan,adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway,Central Beach and Rudee Marina.The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life,the recreational and the natural life,and an overall focus of drawing residents and visitors into the area. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There are no known cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Norfolk Avenue 9,830 ADT1 12,500 ADT 1(LOS 4"D") Existing Land Use 2—66 ADT Proposed Land Use 3—58 ADT Baltic Avenue No Data Available 9,900 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as defined by nine multi-family 3 as defined by eight multi-family 4 LOS=Level of Service dwelling units dwelling units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Norfolk Avenue is a two lane minor urban arterial. Norfolk Avenue is not addressed in the MTP and there are no roadway CIP projects scheduled for Norfolk Avenue in the vicinity of this site. Baltic Avenue, in the vicinity of this site, is a two lane local street.This section of Baltic Avenue is not addressed in the MTP.There are currently no roadway CIP projects scheduled for Baltic Avenue in the vicinity of this site. Ocean Rental Properties, LLC Agenda Item 5 Page 4 Public Utility Impacts Water & Sewer The subject site is connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • Six letters of support and one petition of support with five signatures (same individuals that provided letters of support)from nearby property owners have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 25, 2021 and May 2, 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 April 26, 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 May 6, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28, 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/Bookma rkedAgenda.pdf on June 11, 2021. Ocean Rental Properties, LLC Agenda Item 5 Page 5 Proposed Conceptual Site Layout II \ °' 60'¢ cE� Nam' T.B.M. �/ '$Tpp• r/ vpRDIt'R/jp Awl ', RR SPIKE a 11,41•OW 0114111*..„ 44* Z'i... i . ...„.______ 3.‘„„,7 . . _____,, __.... 1. •, 1 1 'ncs° nn. i tt it WWI'oA bow.M•1.91 MD .(.O<n•••Q.p. •OY mea 0. y4. q • NOVO S i ( 1 will-ems F nm I 1 gTs.00 ! l % I a <, - ' t A r ...,•.:.:.:: �. 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L • ♦M . .■. - W W { • • �R ; 1011111111111 ° C W E (ElUo i H 1 two iNi MN N A I • ER Q m Y O f O p i i f o `� z x Ocean Rental Properties, LLC Agenda Item 5 Page 7 Proposed Renderings III 'i 11 - _ _.I isi I�f . °hs 1 ii III II. I 1 III T411._:, ! Il , , 1' III I III II El. -=iiii II ' ' 1111 ' 11111 i i11 f : 111 � , 11 ii„.„ . ,.;.._ 1l i' 1 _ I'; . ie ; II • - i ""I 1 illII II �.ZJJL'LP. rni' ; =� 11:1111 Ell I I 1 P I P. 1 _ I '. . •�-� iiiiiimenummummemm......_ Ocean Rental Properties, LLC Agenda Item 5 Page 8 Proposed Renderings . iIfTu1iI ■ I1I ■ ill ; • _ _ , II Id' M a : 1i ■ ■ ii a : . ± 11 ,, 91 -- it 1., 1[ Mk - t ,, I II ? I 1 I I 111 11 ill II li II il . • ill IL _ -..- iiiIlU ' / � III R ii cf.5-5-5-7-K:- _ is i! iiillJIillI, iii , iii 11 i ii ■■, ii.. , , ,� i II I I I 11 " II ■•• r ■ } Ocean Rental Properties, LLC Agenda Item 5 Page 9 Site Photos ;t r _ C r 1$ ' L. _ _ - -= L max 7'1 s ,. _ _ 9 III _ -; , ,„,...4 .., :, ,.. 0. • - _ .,„ L .,_4.1, , F m .., IOW t.-* ' .._ ,, - w y'- : 1 .A'• _ - L. te - � a �- -. EMU . • :'`-r- Ocean Rental Properties, LLC Agenda Item 5 Page 10 Site Photos A - d -� • Wig Ocean Rental Properties, LLC Agenda Item 5 Page 11 Disclosure Statement • \113 Virginia Beach APPLICANT'S NAME Ocean Rental Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • _ �.. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DATE 0g 03 2021 . REVISIONS SUBMITTED DATE Ocean Rental Properties, LLC Agenda Item 5 Page 12 Disclosure Statement Virginia Beach ICheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Rental Properties, LLC If an LLC, list all member's names: Steven W. Bishard. Manager;John Bishard. Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 6 r <.... • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Rental Properties, LLC Agenda Item 5 Page 13 Disclosure Statement Nif3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) r "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 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2 2.3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ocean Rental Properties, LLC Agenda Item 5 Page 14 Disclosure Statement • APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if t needed) I I h Accounting and/or preparer of I �/ I your tax return Architect/Landscape Architect/ — Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers/Surveyors/Agents WPL Financing(include current TowneBank IX1 ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Sykes Bourdon,Ahern&Levy,PC Real Estate Brokers / Inl Agents/Realtors for current and '/\I anticipated future sales of the subject property ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have '\/I an interest in the subject land or any proposed development IIU contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Rental Properties, LLC Agenda Item 5 Page 15 Disclosure Statement • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete.true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. ocean R �Pro� Steven W. Bishard,Manager 'o/gl (2a� APPLE ANT(SIC A PRINT NAME DATE Page 5 of 7 Ocean Rental Properties, LLC Agenda Item 5 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. Ocean Rental Properties, LLC Agenda Item 5 Page 17 Item # 5 Ocean Rental Properties, LLC [Applicant & Property Owner] Change in Nonconformity Adjacent Addresses: 416 Norfolk Avenue May 12, 2021 RECOMMENDED FOR APPROVAL - HEARD Madam Clerk: Our next Agenda item number five is the Ocean Rental Properties LLC, an application for a change in nonconformity on property adjacent to 416 Norfolk Avenue in the Beach District. Mr. Weiner: Welcome. Mr. Bourdon: Thank you, Mr. Chairman, members of the Commission, for the record Eddie Bourdon. Virginia Beach attorney representing the applicant, Steve Bishard and Josh Moto with the Bishard Companies are here with us this afternoon. This is an application, not one that we see that often, but there have been a number of them in the last 10 years or so. This is an application for the modification extension and relocation of a nonconforming use under Section 105D, D as in dog of our Zoning Ordinance regarding what we feel is a very desirable redevelopment of a legally nonconforming use on the subject property. We had provided a physical survey with the application that didn't make its way into the staff report. But if staff could put up the composite map I want to take a minute to review what's on the property now that's been there since 1948. Is there not a composite map that shows the building footprints?That arial is not quite good enough for what I want to do?There we go. And hopefully, the physical survey can make its way into the package when it goes to City Council. You'll see there are five buildings on the property. Those five buildings house nine units that have existed; the lots are on three lots I should have said that. The lots have existed since the early 1900s and the five dwelling buildings with nine units have existed since 1948. The three lots today under today's zoning, zoning didn't exist when these houses were built. There wasn't any, there wasn't even a subdivision ordinance in the City of Virginia Beach at the time they were built on Princess Anne County. But today as staff report says you could build six units on the three lots that comprise the property. The units that are there now straddle the boundaries of the property, which are not allowed in the building code today, another nonconformity with regard to this piece of property. The nine units that are on the property today have been there for over 70 years, and there is a grand total of one on-site parking space. One, that parking space is gravel, there are other parking spaces that are partially on the property and partially in the right of way, unimproved right of way. But nowhere near the 18 spaces that are required for the use that's been there for over 70 years. The setbacks on these buildings, the setbacks for two of the buildings from Baltic Avenue, 2.9 feet and 3.6 1 feet, setbacks from 9th Street 3.6 feet and 3.7 feet, setback on the east side, the only side that doesn't have a right of way, four feet and the setback from Norfolk Avenue closest point 9.8 feet, all deficient as far as the required setbacks are concerned. Because this property was developed in 1948, there is absolutely positively no stormwater management on the site whatsoever at all. So those are all existing non conformities with regard to this site. The requirement under our City Code for determining whether City Council wishes to approve by a Resolution, a modification, enlargement extension, relocation of a non conforming use which non conforming uses typically, we want them to go away. But many, many circumstances especially after BRAC, that's not been the case with regard to areas of the oceanfront that weren't fortunate enough to be rezoned to OR. But the qualification or the requirement is that there be a finding that the proposed condition is equally appropriate or more appropriate to the district than the existing nonconformity. So now I'm going to explain what we've proposed. and I think demonstrate pretty clearly that in every instance, we're exceeding in terms of compliance with the ordinance to everything that is there. The current plan that's before you, if you can put that up please is proposing to redevelop the site with eight units, one less that has been there for over 70 years. And that complies with our commitments to the Navy with BRAC and there's no opposition to this from the Navy. We have 16 on-site parking spaces with a drive aisle to serve them all that meet City Code, a bit of an improvement over one gravel space. The setbacks and before we were advised last week that we needed to dedicate right of way at the intersection of Norfolk Avenue and Baltic Avenue for a higher or higher radius turn lower radius turns, so I'm not an engineer. But before that, the setbacks along east side of the property adjacent to residential 10.5 versus the current four, along Baltic, the setbacks are 10 and a half feet as well. Norfolk Avenue because it's staggered, the corners of the proposed dwellings that are closest to the right of way are 10 and the corners of each dwelling that's further away is 14. 10 and 14 and along Ninth Street again, where we've got today 3.6, the setbacks are 10 and a half and 12 and a half feet respectively for those units.All of the units as proposed will be built on one property with the re-subdivision plat vacating the property line, so that that building code deficiency will be settled and the entire redevelopment will be required to meet the current. very, very stringent, most stringent in the Commonwealth of Virginia site stormwater collection and treatment requirements and resiliency for a one and a half foot sea level rise. Again, all improvements substantial, not at all minor. Currently, there is no curbing and guttering on any of the three streets that abut this property, not a bit, no sidewalks either. With redevelopment, all three of the street frontages, over 350 linear feet of street frontage, will be curbed and guttered and widening will take place on some of those streets. A five foot sidewalk will be provided in the right of way by the developer as a part of the redevelopment on both Norfolk Avenue and Baltic, as conditioned. All the current utilities above ground electricity will all be buried and relocated. And as I said stormwater treatment will be first of all, there's a permeable paver drive aisle proposed and the parking is where the underground storage will take place and 2 not an inexpensive proposition. There will be, my client will be expending $400.000 plus or minus in improvements to the public rights of way and public utilities, as well as stormwater management and resiliency on this property, forgetting all the rest of the development of the property redeveloped with the property, that's the amount of money that essentially is for public benefit and on this property compared to again,what is there now. And that's a-that's a large amount of money to say the least. The other option is just to simply refurbish all the existing buildings, this application has been pending for 19 months and takes a while to get an application ready to come forward, my clients haven't owned the property that long. but they have not during that period of time, invested a lot of money to refurbish, rehabilitate in an effort to keep these buildings for another 20 years. That's not what they think is best, and they haven't done so, but that is the other option here. The bottom line to that this is a tremendously impressive, proposed redevelopment and you need look but about 75 feet to the east on Norfolk Avenue to see another development that my clients did or redevelopment of property that was pretty much as bad as this one. And it's not anymore. And folks, this would be just one more step in the right direction, will add to the value of all the other properties in the neighborhood and encourage other redevelopment that needs to take place in this area. We've provided you with letters of support dropped them off at each of your spots this morning from 13 neighboring property owners' residents in support of this application, 13, as well as a petition; I think some of the signatures may be duplicative on the petition. So I think that the burden that we have in this instance, has been more than adequately addressed. The idea that, that leaving this as is with. you know, clean it up. make it look a little prettier and all that versus what is proposed, to me is not a hard choice. And we've had similar applications, especially up in the Sea Pines area that had been approved by City Council is four of them that I'm aware of, and a number of others as well doing the same thing. Because with our circumstance with BRAC, the oceanfront is the area that we protected and we want to make sure it gets redeveloped. It's a big part of our City's future, not the only part but a big part. And with that, I'd be happy to answer any questions. Mr. Weiner: Any questions for Mr. Bourdon? Okay, Robyn. Ms. Klein: Okay. So I think that that was a great presentation that you just made. I think everyone agrees that that property needs to be redeveloped. There's zero question. It is quite the eyesore. I find it disconcerting that the owner has been managing the property for 19 months, and it looks the way it does. Even I understand not wanting to invest a lot if he wants to redevelop the property, but the quality of that housing I found disgusting. There was a lady in there who just signed a one year lease, we took a look at her lease, and there's nothing stopping the owner from pushing her out of that property upon redevelopment. And so we have concerns about that. And just the fact that the grass doesn't appear to be mowed like I was not happy with the property. 3 Mr. Bourdon: I completely understand where you're coming from. I will simply say that it's spring. And you know, with the some of the wet weather, I had to call the people who cut grass at my house, because they need to be cutting it every week now as opposed to what they've been doing every couple of weeks. So that may have something to do with the grass cutting part of it. With respect to the tenant that you spoke to, if this is approved by city council, the simple reality is that it will take at a minimum in my experience with our new stormwater regs, etcetera, a year and a half, could take longer to get site plan approval. That's the unfortunate reality we live in. So the tenant you're speaking, you spoke with, there is not a snowball's chance that they're going to be moved out and they can more than likely extend their lease beyond the year that they're there. It's not going to happen within a year just isn't possible, unfortunately. But that's the reality with stormwater and resiliency, for most of the city. Ms. Klein: My preference would for there to be something in writing just for the tenant's protection, completely aside from looking at it. I don't think that the purpose of a nonconforming properties to stay nonconforming. I think that the rent that woman is paying for what she's living in, versus if the property is redeveloped would greatly be recovered in six homes versus eight, and so I can't reason all of my personal feelings aside keeping the property in nonconforming status. Mr. Weiner: Any other questions? Nope. Okay. Mr. Bourdon: Thank you very much. Mr. Weiner: Thank you. Any speakers? No speakers, okay, we'll close this and open for discussion. And who wants to go first? Beach area - George. Mr. Alcaraz: Thank you. Mr. Weiner: No problem. Mr. Alcaraz: I went on site. I've actually went on site and I did run into some of the adjacent property owners. I have seen the petition that was for it. I've seen this applicant's work. I meant to ask Mr. Bourdon, you can just nod your head did this applicant also do the 16th Street Cypress Avenue project?Yes. Okay. Kind of looks like that. Well, it looks good too. But, I mean, he's done some extensive design here. I'm comfortable with it. He's right, Robyn on the site plan is pretty extensive, and the timeline is extensive to get that through with the city. It's just the stormwater, it's been extreme to get things through and approved, and I'm sure he'll get it, he'll get to that point. I'm liking this, the neighbors like it. And you know, they were all out there we got a petition for it. And that's really all I have to say, I'm gonna be supporting it, unless anyone else has anything to say about it. 4 Mr. Weiner: Whitney. Mr. Graham: I'll be quick. Um, could we put up the slide of what the property looks like today? The photograph? Back one photo. Okay. So that's what's there today, built 70 years ago, I mean, you hear that, it's, you know, what's not - it's nonconforming parking, setback, stormwater, the number of units. And then show of, if you could the rendering of what it'll and there was think there was another one that was more of a close up. I mean, gosh, this is what we want. To me, this is a huge improvement. And I just, you know, I mean, to hear that, you know, they're going to, you know, they're taking the density down by unit, each unit, I think, it is going to have two parking spaces. There's no opposition from the Navy, increased setbacks, stormwater improvements, curb and gutter, sidewalks, utilities getting buried in this final product, and this is a developer that has done other projects that are attractive. It's the revitalization of an area that that, you know, in certain pockets needs it. So I'll be supporting this. Mr. Weiner: Yeah Robyn, I am sorry. Ms. Klein: The nonconformity piece really bothers me. And then better than bad is still bad. And if it's going to take 18 months for the new stormwater, like for all the site plans to be approved and everything, does that mean that those tenants, that woman and anyone else that lives in there is going to continue to live in dilapidation during that time. Mr. Weiner: Ms. Oliver. Ms. Oliver: So, Whitney, I agree with you, this is a great improvement to this property. And I believe that anybody that bought this property is their intent is to improve it. I mean, they're not obviously, they're not going to refurbish the buildings, we were out there, we walked around them, there's no refurbishing any of those buildings. They were lucky they actually stand on their own today during this storm. But staff has denied this and when staff doesn't very often, in the many years that I've been sitting in the seat, deny an application. And so when they do, you have to look at it for a reason. And they're doing it because this is a nonconforming piece of property that someone wants to develop and keep it in a nonconforming way. We don't do it. They don't let you do business like that. They don't let me do business like that. And granted, he is one less than what he is applied for, which is great, but I think that he can build a great, I think he can redevelop the building the property and to what code is and not leave it in a nonconforming state. I mean, it states right here in it. Section 105 of the Zoning Ordinance does not permit removal of an existing nonconforming structure in order to redevelop the site with a new nonconforming structure. I like to figure it out. I can't, look Eddie, this all, but I mean, you can't, and that's up to the chair. That's not up to me. You know, I'm not 5 saying that it's not a great, you know, plan it is obviously, but staff wants to keep it like that, and I have to agree with them and that's where I am. Mr. Weiner: I like to have Eddie come up because we didn't have any speakers for little rebuttal because I'm torn and I don't know which way to go and I want to hear, like to hear. Mr. Bourdon: I want to make, I'm not here to argue with anything other than your quote of something in that staff report. And I didn't get on it to start with but that statement is utterly false, or is a absolutely new pulled out of thin air statement, and this ordinance that I read to you the same the ordinance itself, City Council has the absolute ability to agree and has on many, many applications to allow modifications of nonconforming uses that change that tear everything down and build something new. And that insinuation that I heard about last Thursday, for the first time, never seen that put in a report ever before, okay, that's reality. This idea that you can't do this, if that were the case, why are we on the agenda, if we can't do this. And why have we approved other ones? Why have we approved lots and lots of other ones over the years at the North End. Sea Pines and elsewhere. So the insinuation that this is something that shouldn't be done or can't be done. The reality is nonconforming uses;we do want to try to get rid of them. But this provision is very clear and when we did BRAC, and we said we're going to protect units at the Oceanfront. And we have a lot of nonconforming stuff at the Oceanfront that wasn't covered by the OR district where we were able to pull those in and say, we're going to keep these, this density, we're going to be able to increase density, even though BRAC is there, these areas were left out of that and that's why we use a nonconforming use modification provisions and have done so very successfully over the years. I can't help the fact that apparently, that historical perspective has been lost. So I just want to make that very clear, that statement in here is never been in a report before and it doesn't say that in the ordinance. You can't find those words in the ordinance. And that's not directed at you, but it's that what's in that report. Ms. Oliver: You're directing it to me. Thank you. Mr. Bourdon: No, but you read that. Ms. Oliver: I read what's in front of me. Mr. Bourdon: Right, fine and I left that out before because I didn't want to get confrontational with what staff put in that report. That statement came out of thin air. Ms. Oliver: No, it's in print. Mr. Bourdon: As far as what's in the ordinance, it doesn't say that. 6 Ms. Oliver: I hear you. Mr. Bourdon: And is quoting something that supposedly the ordinance says. Ms. Oliver: Yes, sir. I hear you Mr. Bourdon. Mr. Bourdon: Thank you. Ms. Oliver: You did. That's fine. With that, along with the fact that it also says the density, you know, staff is talking about their density, and that the percentage of the lot covered, coverage exceeds the maximum by 65%. Mr. Weiner: Mr. Tajan, can you make, why was that in the staff report? Or what can this? Mr. Tajan: So I'll read it word for word from the Ordinance Mr. Chair, no nonconforming structure shall be in large, extended, reconstructed or structurally altered if the effect is to increase the nonconformity, so that is the one piece. Further above it, it does say no nonconforming use shall be enlarged or extended to cover greater land area than was occupied by the nonconformity on the effective date of this ordinance. No nonconformity use shall be moved in whole or in part. So the ordinance does say that.After that, it does say as it notes in the staff report, section 105-D also allows them to go to City Council for approval through this process, and that's why we're here. So yes, the ordinance does not allow us staff to do that that is correct. And again, so it has been the historical practice that is, has been allowed, and we're not disagreeing with that, but so. Mr. Weiner: We're good. We're good. We're good. Mr. Bourdon: I completely agree. And we are as I put on the record, in every case, we're making the nonconformities better, we're not making them worse. Mr. Weiner: Okay, thank you. Mr. Bourdon: And 4400 square feet of our impervious surface, more than the 3100 is for the on- site parking and the access to the parking. Mr. Weiner: Okay, thank you, Mr. Redmond. Mr. Redmond:Thank you, Mr. Chairman. I gotta say, I'm going to let City Council settle that, that y'all have gone between you about whether they can or whether they can't. I don't know that Moses came down from the mountain with an answer on that question, that's for the City Council to decide. I will say this. This is an improvement on this property in every single way, 100 times out of 100. I will take a nonconforming use. Make an improvement like this and then ended up with a nonconforming use, I'd 7 high five, everybody within sight. Everything about this property can and should be improved and I've yet to find anything that's not an improvement there on. I mean, sometimes we miss the forest for the trees and this is a place that seems to me that could desperately use precisely what's being proposed here. And again, this is not a casino, for whatever reason people tend to treat people living in houses as though it's some kind of nefarious or noxious use of some sort. They're the least impactful and damaging kinds of uses, then you can get, it's not a 60,000 foot fitness facility with 5000 cars a day. It's just a small number of people living in houses, I think this is a, I think this is a fantastic improvement. And I'm all for fantastic improvements. Again, if there, I would be delighted if there are 100 more instances of this that we could enable, I agree with Mr. Alcaraz. I agree with Mr. Graham and we ought not fumble the ball and we have opportunities like this to improve our community. So I'll certainly be supporting it and urge my colleagues to do the same. Thanks. Mr. Weiner: Mr. Wall. Mr. Wall: I agree it's an improvement. I applaud the applicants, but I think everything that's been said here can be done by right. I don't think we need to increase the density and encourage nonconformity. Mr. Weiner: Whitney do you have something? No. Mr. Graham: So it's Councils, Council is able, at their discretion to change it. We're here today to talk about land use. That's our recommendation. From a land use perspective to take something that's completely nonconforming, and make it less nonconforming, is still will be nonconforming, but not as nonconforming and it is, like Mr. Redmond said it's 100 times better. I mean, I just don't even,to me I mean, this totally makes sense to see this project done. I think it's a big improvement and I think it's a catalyst for other things great to happen. So I'll be supporting it. Mr. Weiner: Okay, so, Mr. Redmond, I kind of respectfully disagree with you just a little bit. I do like the project, but I'm sorry but nonconforming and conforming is considered land use. And that's what we're here to discuss and we're here to talk about it. What they're doing, taking a nonconforming and making it still nonconforming, but it's still very good project. And it's going to, I'm going to support it. We are here for land use and nonconforming and conforming is land use. So we have to keep that in the back of our mind. So we're here to discuss that for future. Yes, sir. Mr. Redmond: Mr. Alcaraz, would you care to make a motion? If not, I'd be happy to make a motion. Mr. Alcaraz: I'll make a motion, you can follow me. I'll make a motion that we approve agenda number five. 8 Mr. Weiner: Second. Mr. Redmond: Well, I would actually like to amend his motion. I think we have to, we have to alter some of these conditions. Condition number one says when the site is redeveloped; the maximum density shall not exceed six multifamily dwelling units. We would have to change that to eight and I believe, so I think the applicant has agreed to this radius change at the corner. I don't know how that's affected. Is this correct Mr. Tajan? You guys had a conversation about this. Mr. Tajan: The radius requirement we covered during the site plan review process when they redevelop the property, so or if Mr. Bourdon wants to... Mr. Redmond: We want to make sure we get that right before we leave the room. Mr. Bourdon: We submitted last week when we found out about this requirement of revised plan with the radius corrected and dedication involved. And that forces the very corner, the Northwest corner, to that one building at the closest point as it comes around at five feet rather than 10, everything else stays the same, but because that radius gets closer to that corner, that setback, which under number two, there are setbacks. All the setbacks are fine, except for that one tip of that one corner. Mr. Redmond:And that would be necessary in order to accommodate your request to tighten that radius, is that correct? Mr. Tajan: That's correct. Yes. Mr. Redmond: Okay. So then I would make, then I would say that the, I would suggest perhaps that Mr. Alcaraz amend his motion to change number one to shall not exceed eight multifamily dwelling units and number six in the second sentence, the line radius at the intersection of Baltic Avenue and Ninth Street shall be five feet rather than 10 feet in order to accommodate the staffs concern about that corner. Would you agree to that? Mr. Alcaraz: I agree with Mr. Redmond. I appreciate the amendment on with your second. Mr. Redmond: I second the motion. Mr. Weiner: We have motion for approval by Mr. Alcaraz and second by Mr. Redmond with the conditions and Ms. Wilson wants to way in? Ms. Wilson: No, I just want to mention that, Mr. Graham, this is a project that's financed by Towne Bank. As such, Mr. Graham has on file a conflicts letter that he will disclose in votes. So he will at this time just disclose and vote. 9 Mr. Weiner: Yeah. do it now before we vote. Mr. Graham: Okay. I have a disclosure form that's on record with the city that I am on a Board at Towne Bank, but I do not have any financial interests in this project and I do plan on voting today. Mr. Weiner: Okay. We're ready to vote. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent Mr. Inman is absent. Ms. Klein? Ms. Klein: Nay. Madam Clerk: Ms. Oliver? Ms. Oliver: Nay. Madam Clerk: Mr. Redmond? Mr. Redmond:Aye. Madam Clerk: Vice Chair Wall? Mr. Wall: Nay. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. Madam Clerk: By recorded vote of five in favor and three against agenda item number five has been recommended for approval with modifications to conditions one and six. 10 AYE 5 NAY 3 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein NAY Oliver NAY Redmond AYE Wall NAY Weiner AYE CONDITIONS: 1. When the site is redeveloped, the maximum density shall not exceed six-(83 eight (8) multi- family dwelling units. 2. When the site is redeveloped, the exterior building materials shall substantially adhere to the elevations entitled. "Norfolk Avenue Residential at Baltic Avenue— Conceptual Elevations" December 9, 2019, and prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is redeveloped, a minimumthe building setbacks of ten (10) feet shall be observed from all property line, shall be reduced as depicted on the concept plan entitled, "Conceptual Site Plan Exhibit", dated April 30. 2021, and prepared by WPL. which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Thisese are is a deviations to the front and rear yard setbacks required by the Zoning Ordinance. 4. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning & Community Development for review and approval. 5. When the site is redeveloped, 5-foot wide sidewalks shall be installed along Norfolk Avenue and Baltic Avenue with curb and gutter. 6. When the site is redeveloped, the curb line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be 35 feet, the curb line radius at the intersection of Baltic Avenue and 9th Street shall be 25 feet, in accordance with Section 3.5 of the Public Works Design Standards Manual. The property line radius at the intersection of Norfolk Avenue and Baltic Avenue shall be 20 feet, and the property line radius at the intersection of Baltic Avenue and 9th Street shall be 10 feet, in accordance with Section 4.1 of the Subdivision Regulations. 11 7. Prior to Site Plan approval, a subdivision plat to vacate the interior property lines shall be submitted to the Department of Planning & Community Development for review, approval, and recordation. 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. 12 r S - -- V 2345.May 0ri,,2021 ATTN: Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr. Dao and City Staff, My name is tC4n.e, r199 5 . I reside at Li a.$ y'r`INSdveeT As a neighbor to 416 Norfolk Ave')' 1 , I would like to express my support for ORP Ventures, LLC to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex. We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. r Sincerely yours, ,S(eti,k �ot.0 11tfr s — vA '2-3 s May (Q ,2021 ATTN: Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr. Dao and City Staff, � My name is � `V,` G JAI1 I ex . I reside at L 2 'L � SJ-T(� eic,-4- As a neighbor to 416 Norfolk Avenue, I would like to express my support for ORP Ventures, LLC to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4, 2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, Ain1 kuv►s ii 41r 2. 9 SdYttAi— ve , 2gc/ May toy , 2021 ATTN: Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue-redevelopment Dear Mr. Dao and City Staff, act AA- My name is \ t'tltins\ G.f./ . I reside at - 1 J i i .e.(,.;-. As a neighbor to 446 Norfolk Avenue',I would like to express my support for ORP Ventures, LLC to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex. We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, (1___ \..,_\..„. -t'dc's— al`fn. Crone P1Ok WO ?'14 _ 6_12-34(r/ May L ,2021 ATTN: Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr. Dao and City Staff, My name is k/} I reside at �/ 11i As a neighbor to 41 orfolk Avenue, I would like to express my support for ORP Ventures,LLC to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4, 2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, kim O1L1k1Y1 j UQ, 2ws May 4/4,2021 ATTN: Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Dao andCity Staff, {{�� My name is Ylf "��i{r',r? I reside at �4 �� 5 1 As a neighbor to 416 Norfolk Avenue, I would like to express my support for ORP Ventures, LLC to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, koi4' Cttoc& . 504 f01>1r6( --A May t9 , 2021 ATTN: Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr. Dao_and CityStaff, JA, �,�- My name is 0I1 Ca�� . I reside at (94 �v cc /k >'J" As a neighbor to 416 Norfolk Avenue, I would like to express my support for ORP Ventures,LLC to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community.I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, { "' k ,z ; , : , . (lF .., te,‘ wsiAff n y91-ii 1.,-(a-- M , 2 34c1 �/Ylq, r' 2030'( ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sanders and City Staff, My name is LS �` ',� (nS},t � . 1 reside at C1 114 �1 � 71.Y ' �u U' %L As a neighbor to 416i4orfolk Avenue I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community.I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, 1401 bti-ty t t; RYtLQ. t3 2:31-N1 fAVA Sept�bet— 202o 1 ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sander and City Staff, ! 14( - 14-3 VS My name is r ' '! �'���' .l reside at As a neighbor to 416 No Ik Avenue,I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fu.ly support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, (14.4 r-th 1(03 r `i I -. `1 pA vie/ -re.r /4)-pj4%q 49, 116 2.1 -c-/ 2,7-z/ rrptemhcr „wag_ ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sanders and City Staff, r k 1 ,���r; 14 My name is _ _ .I reside at As a neighbor to 416 Norfolk Avenue, I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4, 2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely*Ibis. � CIUI - /'(4-71d l'h'4-r/r et)/71 &Jr.) croR.c)c j V1v.17l iP* QpictvA 2,4S 1 CksoC .Q Srpt-Mber Zl , 2020 ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sanders and City Staff, My name is '2-&xJm1 c Do''• I reside at $10 13A-MC-- As a neighbor to 416 Norfolk Avenue,I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, ,Ae1441 oiciVe),) 5 0, (064 07 Z 9< ) 64(21,1) ! , Lo2- l S ptemb.. 2020 ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sanders and City Staff, � My name is ra l/ rZ� e' . I reside at O v/,lt" rs - As a neighbor to 416 Kiorfolk Avenue,I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, AN DriA6A) an ,ipaV 5-/ z914 v 23/s/ 1 3, 2.°2 —5l!erriber---- 2O2 ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sanders and City Staff, My name is v!tl�4 r)ti `a I reside at '1 *Elf As a neighbor to 41 Norfolk Avenue, I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community.I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely you \ 4ViYY 0 NNKe/k >e 2//c „/ ) z>zj ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr.Sanders and City Staff, lL/7 / My name is *k441 AfG14,jQ" .I reside at T/ -74/A As a neighbor to 416 Norfolk Avenue,I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community. fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely your , gay g5(y tgAik V62-WS J —September .2.0211 ATTN:Jonathan Sanders City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 416 Norfolk Avenue—redevelopment Dear Mr,Sanders and City Staff, i My name is ```" 4�/l . I reside at D 6 7 `5,//i.C. 14/€ As a neighbor to 416 Norfolk A(enue,I would like to express my support for Ocean Rental Properties to redevelop this property into the eight units shown to me on the WPL exhibit dated June 4,2020. The property at 416 Norfolk Avenue has deteriorated over the years and is due for redevelopment. Ocean Rental Properties has also shown me the elevations that they are proposing to build for the eight- unit complex.We believe that these eight units will be a substantial improvement to our community.I fully support Ocean Rental Properties for redevelopment and hope for the application's success. Sincerely yours, eyiahco. corm PETITION OF SUPPORT FOR RE-DEVELOPMENT OF 416 NORFOLK AVENUE We support the redevelopment of 416 Norfolk Avenue to be converted from its existing cottages to the proposed eight-unit development in our neighborhood. ..� , an kav- 414,1 Agri /3, 2'( 1/4 /orb/ 4 Signature Printed name Date Home address 4 N N 67 T-r — 4- / /5 zo( o No►--6/ . :na ur- Printed name Date Home address SiAtAilliA. I ihri 049 5°5 cliti of na 10, i Printedame Date Home address )111 a - Imo!I �j - VA� �7Q al I, 13,ZU .4 S 1 Z o Signature Printed name Date Home address Z-7 0----7 SLAT 505Lh i3R Zo2/ G01 6a1-r/L i.vgc AG Signature Printed name Date Home address Signature Printed name Date Home address Signature Printed name Date Home address Signature Printed name Date Home address Signature Printed name Date Home address Signature Printed name Date Home address l | ---� ``---/ � ,;I 7s.,-_ rs �MA�s6M,�,il _ c 7 :SI CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: SOUTH LYNNHAVEN, LLC [Applicant & Property Owner] Modification of Conditions of a Previously Approved Street Closure for the property located at 877 South Lynnhaven Road (GPIN 1496342200). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 15, 2021 • Background: On August 13, 1984, City Council approved a Street Closure of approximately 23,470 square feet of right-of-way (South Lynnhaven Road) that required that an easement be reserved to the City for installation and/or maintenance of public utilities, and an easement be reserved to the City for access of emergency vehicles. The applicant seeks to remove these two conditions in order to ultimately construct an office use on the larger property. This undeveloped property is approximately 19,300 square feet in size and is zoned B-2 Community Business District. During Staff's briefing to the City Council on May 25, 2021 , of pending Planning Commission applications, details pertaining to the 1984 closure be provided. Attachments include the 1984 Staff report, the Street Closure exhibit, the application, the Viewers' meeting memo, and the City Council approval letter with conditions noted. • Considerations: The applicant contends that up to 60 percent or 11 ,694 square feet of the property is encumbered with the easements, thereby making the site difficult to develop. Albeit legally nonconforming, adding to the difficulty is the fact that property is well below the minimum lot size of 20,000 square feet for the B-2 District. Modifying the conditions to allow the vacation of easements would expand the buildable area on the site. The Viewers met and support the removal of the conditions subject to either the relocation or abandonment as appropriate of any City infrastructure within the easement area, subject to approval by the Department of Public Utilities, and at the applicant's expense. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. South Lynnhaven, LLC Page 2 of 2 One letter of opposition was received from the adjacent property owner to the west who noted concerns that the future development on this parcel will negatively impact their site. • Recommendation: On May 12, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 7-0, with 1 abstention. 1. As to the applicant's property, the conditions attached to the Street Closure granted on August 13, 1984 and extended on May 20, 1985 are hereby deleted. 2. As to the applicant's property, a Deed of Partial Vacation to vacate the variable with public utility and emergency vehicle access easements shall be recorded with City of Virginia Beach Clerk of Circuit Court within 365 days from the date of City Council action. The Deed of Partial Vacation shall be subject to the approval of the City Attorney's Office. 3. All City public utility infrastructure within the easement area to be vacated shall be relocated or abandoned as determined and approved by the Department of Public Utilities. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) 1984 Street Closure Items - Approval Letter - City Council Minutes - Staff Report - Street Closure Exhibit - Street Closure Application - Viewers' Memo Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department G �`� / City Manager:r0 Applicant& Property Owner South Lynnhaven, LLC Agenda Item Planning Commission Public Hearing May 12, 2021 �' City Council Election District Rose Hall 8 [:ity uj Virginia Beach Request Modification of Conditions Staff Recommendation \ / \r- i a Approval e� Ferry Farm un rah Bowling Green Dde � ', Staff Planner , 3 v Gentry ' g f Hank Morrison 4sh6wn Tnace 4 z --j Location A_ 877 S. Lynnhaven Road o Pewter Road ; shee a John Hancock D. 'Di ae GPIN '- Cherie Dnve 1496342200 s °�� °tor 1 0'�a Site Size .%-, d,,, / "`g�., r. 1 19,338 square feet °G. �" tt`� ea�00,. Q4 AICUZ ` �s �. m %` l d�' O'` s.acc �e, cartlp �� ° O ° , Aia 3 Greater than 75 dB DNL m ee o / Watershed d, Dante PraCe Dubois Place 1 Chesapeake Bay Existing Land Use and Zoning District Undeveloped/B-2 Community Business � t ' �`- s ,^�s. `®..� Surrounding Land Uses and Zoning Districts , - e , North x . •' South Lynnhaven Road 4,tr .t • Retail establishments /B-2 Community 3 rr - Business 0 "' '..,� "� South r. .) 1' * E Ole Town Lane ea, Retail establishments/B-2 Community Business .„ East yk F South Lynnhaven Road _ !t #: - Retail establishments/ B-2 Community Business > f ,any e',, "" .- p1 Town % ,5 Y- 's 110i"L-A,-,, I.'t,,t(--A'-,-4 West ; ° Retail establishments/B-2 Community Business ; o °' South Lynnhaven, LLC Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting a modification of street closure conditions to remove said conditions, allowing the easements to be vacated in order to increase the buildable area on the site.The applicant proposes to develop the property into a small office use. • On August 13, 1984, City Council approved a Street Closure for approximately 23,470 sq. ft. of South Lynnhaven Road that encompassed a portion of this property with the conditions that (1) an easement be reserved to the City for installation and/or maintenance of public utilities; (2) an easement be reserved to the City for access of emergency vehicles; and (3)the closure shall be contingent upon compliance with the above-stated conditions within 180 days of approval by City Council. On May 20, 1985, City Council approved an extension of time to meet the street closure conditions and adopted an ordinance for the final approval of the street closure. • On May 31,1985, the applicant's predecessor in title dedicated the easements as to the applicant's property to the City by a Deed of Easement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. • The applicant's property is approximately 19,338 square feet, is zoned B-2 Community Business District, and is currently undeveloped. 11,694 square feet(60%) of the property is encumbered with the easements. • • 2 • Zoning History 1 # Request 1 CUP(Automobile Repair)Approved 01/13/2016 _I / 2 CUP(Automobile Repair&Sale)Approved 09/10/1997 3 STC Approved 5/20/1985 --------------- �. \.`.. , A ,\. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation Staff finds this request to modify the original conditions of the street closure to be acceptable.At 19,338 square feet, the site currently does not meet the 20,000 square foot minimum dimensional requirements for development in the B-2 zoning district. However,the parcel was legally created prior to the minimum dimensional requirements were put into place, making the property legally nonconforming. Modifiying the conditions to allow the vacation of easements on the applicant's property would expand the buildable area on the site. Based on its proximity to other commercial uses, future development of this parcel into office or retail will be compatible to the surrounding area.The proposal to vacate the easements on the subject property has been reviewed by the Department of Public Utilities and Department of South Lynnhaven, LLC Agenda Item 8 Page 2 Public Works -Traffic Engineering. No concerns were raised for the vacation of the easements. Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. As to the applicant's property,the conditions attached to the Street Closure granted on August 13, 1984 and extended on May 20, 1985 are hereby deleted. 2. As to the applicant's property, a Deed of Partial Vacation to vacate the variable with public utility and emergency vehicle access easements shall be recorded with City of Virginia Beach Clerk of Circuit Court within 365 days from the date of City Council action. The Deed of Partial Vacation shall be subject to the approval of the City Attorney's Office. 3. All City public utility infrastructure within the easement area to be vacated shall be relocated or abandoned as determined and approved by the Department of Public Utilities. 1984 Street Closure Conditions The original Street Closure was approved by City Council on August 13, 1984, with an extension of time and final approval on May 20, 1985. The conditions were as follows: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right of way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This street closure modification application involves property that is zoned B-2 and surrounded on all four sides by properties with similar zoning or uses. Therefore,this application is consistent with the Comprehensive Plan Suburban Area Guiding Planning Principle to create and maintain neighborhood stability and sustainability. Ultimate development of this property to a B-2 use should not be incompatible to the surrounding uses or the nearby residential neighborhood. South Lynnhaven, LLC Agenda Item 8 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on the site. Public Utility Impacts Water • There is an existing 12-inch City water main located within the western half of the closed portion of South Lynnhaven Road. • If the site is developed in the future it will be required to connect to City water. Sewer • City sanitary sewer is not readily available the site. However,there is an option to connect to the existing 8-inch City sewer main near the intersection of Ole Towne Lane and Cariage Hill Road. • The existing 8-inchCity sewer force main, which is no longer in service, located within the portion of the Public Utility Easement proposed to be vacated will need to be abandoned in accordance with Public Utility Standards. • The abandonment must be shown on a site plan for future development of the property Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 25, 2021 and May 2, 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 April 26, 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 May 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28, 2021. South Lynnhaven, LLC Agenda Item 8 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Docu ments/BookmarkedAgenda.pdf on June 11, 2021. South Lynnhaven, LLC Agenda Item 8 Page 5 Street Closure Exhibit 0' 40' 80'MB / WIDTH PUBLIICC UTLITY,DRAINAGE,TION OF EXISTING ENPGRESS/EGRESS VARIABLEETUAL I u { /l AND EMERGENCY VEHICLE ACCESS EASEMENT DEDICATED BY DB 2414,PG 1652 PROPOSED TO BE GRAPHIC SCALE N7819'121 VACATED. AREA = 11,694 SF OR 0.268 AC 1'=40' 11.60' —— — Z y s z en Pavncw OF PACE �' 1 ..,� (ue 9q A:Iv01,11.. o i a yz h ti�. I o• Q = El I a sy `` 'X' DENOTES EASEMENT LINES �v PROPOSED TO BE VACATED I g = ~ z PURSUANT TO NRGINIA STATE :, CODE 15.2-2270 PARCEL :4" q a cr) So SOUTH LYNNHAVEN LLC (4/852 PC 0 ¢ i (INST. NO. 20090827001013970) PARCEL D-1 Nl I N ,'� (INST. NO. 20080620000731240) MVOOARD REALLY, L-LC, I '''-"'I 1ot. GPIN:1496-34-2200 A 11iPGX4L4 awry VANITY CL1t/PANY Z AREA - 19,338 SF (Lag J726,, P1;1561) a " OR 0.444 AC PA/lW -.4"(4e 51,, PC 47) I oamaV a-PARCEL A'(4e P0, PC JJ)!I ;m i.. CLOSED PORT10V tr S LYNAWAi£N ROAD 1 a (AB 2114 PC 2077) /851 S I YINH4If7/ROAD 8 m PERPETUAL PLQSC/C ULXILY LWAW4C, 1Nt ss/raetsS AND EA/LRGv/CY ACCESS O EASEMENT(LAB 2*14, PC 16557 7x 54856'23•W • / 10.29' • c> Si, (i * —g Cj T -ve� s78.44'31'w ti� 68.84' LCD TOW LA4((50'/OV (4/B 52,, PC 47)0/8 LYZ PC J9)(4I6 122 PC 11) EXHIBIT A EXHIBIT SHOWING PORTION OF PERPETUAL VARIABLE WIDTH PUBLIC UTILITY,DRAINAGE, 4wla.TH o'P Gf INGRESS/EGRESS AND EMERGENCY VEICLE ACCESS 11. EASEMENT DEDICATED BY DB 2414,PG 1652 ■ ✓ PROPOSED TO BE VACATED NRGINIA BEACH, VIRGINIA UJET'FREY J. NERRETHER /� SEPTEEMBER 23, 202D SEE SHEET 2 OF 2 FOR Li. No. 220 2306 1�'1 S_A_.� p - C - NOTES A/C CURVE TABLE 9(q^ o� Ln�inxuncti iI Sctialoac•Planning•Sttncving O SURGE L'i\il&Environmental Engineering•Lai eAcfitcct r ■▪nAr :•• 5032 Rouse Drive,Suite 100 •■1,Ir um ■■II,v4 •■ ■■Ih'q •■ CS 707, PAGE 4 ■■t!kL s■ Virginia Beach.VA 23462 ■■I1►a !►■ ■ ■ OWN BY:KCR MUM ir,■ 757-490-9264 ■■■rL 'min JOBt 19322 ■■■z:■■■ N%%NA%.n1S;Ion l i lie.C � U III ■■■ :■■■ SHEET: 1 OF 2 ■■L■LJ■■ ■■L333■■ SCALE: 1' = 5C' South Lynnhaven, LLC Agenda Item 8 Page 6 Street Closure Exhibit -o _ v) O N 4- CV U - co v� O Qd U CI_ ).... w .� O Q 0_ [ 1 [ I 0 k g aliSAS .66 rec oh :ism)) M h 3 ) py f n is_1ATMR� ti) N0 v o �{�IAgl1 ,., O v Aga72 ")ij � (V ✓ _ ryo ; 2� I Os t )4Wt g .' ---'iNkl‘MIVNI%%XII H51 Al I ik.1 I a I IL* � y a OS(O P()RflCrV Y SGY/IN I YNNHALIN ROAD (91414 PC Xn) fti g.k I q '-q ,__.. . I. ,. „....,, ,„, ._ i f q k .., e'llT.E , :. r 4. • South Lynnhaven, LLC Agenda Item 8 Page 7 Site Photos • - . / / • '-, ••••:. •, • - . • lea JAVA*. •- South Lynnhaven, LLC Agenda Item 8 Page 8 Site Photos • .ry -�v.J`... -p" i ^c _ "' .vsfv �' 4,;` �...4'EE'K + _ +,' .k�. ? •"'5r J fir,. South Lynnhaven, LLC Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement City or{'iyireu Bads 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 South Lynnhaven LLC Does the applicant have a representative? lU Yes 0 No • .f yes,list the name of the representative. John Merenda Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes In No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) John Merenda;Cowles M.Spencer,Jr.,Chris Wood,James Wood,Levi Thompson • 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. "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 11.09.202C Wage South Lynnhaven, LLC Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement \/13 City ofVirginia Mich Planning&Community Development • Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development u_x ringent on the subject public action?O Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? James Wood,part owner Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraliration,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/matter for current and anticipated future sales of the subject property? Mi Yes ❑ No • If yes,identify the company and individual providing the service. Mid-Atlantic Commercial Real Estate 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?MI Yes ❑ No • If yes,identify the firm and individual providing the service. Rocklaine Financial 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?IN Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,Casey Ragle 5. Is there any other pending or proposed purchaser of the subject property%III Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. Client prefers not to disclose Revised 11.09.2020 2 South Lynnhaven, LLC Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement \113 Car iv-vvi is Bark Planning&Communi 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 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 EU 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?II Yes E No • If yes,identify the firm and individual providing the service. Harry R.Purkey,Jr.,P.C.,Harry R.Purkey,Esq. Applicant 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. Ap Iica` ig nt Signature - / naature- int Name and Title John Merenda-Managing Member Date Is the applicant also the owner of the subject property? I Yes 0 No • It 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 06.04.2021 S"a'"r° rP, Print Name Hoa N. Dao South Lynnhaven, LLC Agenda Item 8 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. South Lynnhaven, LLC Agenda Item 8 Page 13 Item #8 South Lynnhaven, LLC [Applicant & Property Owner] Modification of Conditions 877 S. Lynnhaven Road May 12, 2021 RECOMMENDED FOR APPROVAL-HEARD Mr.Weiner: Thank you, Alright, go to item number eight. Madam Clerk: Item number eight is South Lynnhaven. LLC, an application for a Modification of Conditions on property located at 877 South Lynnhaven Road in the Rose Hall District. Mr.Weiner: Good afternoon, please state your name for the record. Mr.Wood: Chris Wood, I represent the owner. I'm one of the owners of the property. Thank you all for taking the time. May I proceed? Mr.Weiner: Yes sir. Mr.Wood: This property is very small. It was, as you know, I think in closed session that the street was closed in 1984. For some reason, I don't know why but they left a couple of the easements over top of them. One of the easements is for emergency vehicles, which I've never seen that on a property before. But that was on there. What we would like to do is remove the easements so we can slide the building to the left; we have spoken to the adjacent neighbor. I know she had some concerns about it and I feel like we've got a pretty good relationship with her. I've known her for a long time. And we will certainly continue to work with her. I don't know if she's here today. To make sure what we would like to do by closing that easement is slide the building all the way to the South that will allow us not to have a bunch of setbacks and block her building at all. And it's really about as simple as that. I know there was a concern in closed session about not having an elevation of the building. You know,this is a very small building probably less than 3000 feet.You know, I don't think it would be proffered anyway. So I'm not sure if there's any benefit to seeing what the building will look like. But certainly, it'll be a high quality building. We have been discussing with various professional users like doctors and dentist, and insurance agents and that type of thing. So that's really about it. It's pretty simple. Mr.Weiner: I'll start off on this one, because I was pretty much the one that said, and I had no idea who the owner was. But we've never approved anything without seeing elevation. If we had one today that we just said that we needed more information, 1 please go we defer it.They're going to go put things together, they're going to show us what the lots going to look like, you know,the pavement,elevations. I'm just not comfortable approving anything without seeing the elevation. I've been doing it for years now and we've never done that in years. Mr.Wood: I don't have a problem giving you a sketch, I guess, we wouldn't want to be proffered in any way. Mr.Weiner: Sure. Mr.Wood: When you recommend when you suggest that would be proffered? Mr.Weiner: No, no, no, I just wanted to see what's gonna go there. I mean, I don't, granted, it's gonna go to City Council and they're going to make the final decision, but we don't really, I don't feel comfortable sending this to City Council to say yes, we're gonna do this. It's gonna be a, maybe there's a building there. We don't know what's gonna be there. But I just don't feel comfortable sending that to City Council unless I know what I'm sending the City Council. Mr.Wood: We'd be happy to do that. It's going to be very difficult because this site is so small to come up with something that's real and I wouldn't want to mislead anybody by saying this is what it's going to be. When it's going to be slightly, likely going to be different than what you know, before we get through the site plan process, but I'm happy to do that, and we can defer for 30 days if you want but if it's not gonna be proffered, I'm not sure the point. Ms. Oliver: I don't have a problem with this. It's a road that's been closed for quite some time and he said he's sliding the building over. I think I don't have a problem with this. Mr.Wood: And there is no reason for easements, I mean easements, I don't mean to interrupt, there's no reason for these easements anyway. They're old and not being used and we certainly will work with the utilities department. Mr.Weiner: And I agree with Ms. Oliver. I mean, yes, the building has been there for since before I was in high school. It's been there that median has been there. So I have no problem with that, but I mean, what do y'all think? Do you all want to move forward? I won't stop it. Mr.Wall: Well, one thing, how long have you owned the property? Mr.Wood: Five to seven years, something like that. Mr.Wall: And but you purchased it knowing that there was that easement on the property. 2 Mr.Wood: I can't recall honestly, you know, is a scrap piece of property. We bought it from Mr. Mastracco who obviously owned a lot of property around there. But yeah, I'm sure we did know there was an easement there. Mr.Wall: And that's so your intent is to develop with some kind of a commercial, small business, you know, on the property. Parking would be achieved on parking access? Mr.Wood: All that, yes, sir. We'll be through the site plan approval, no short term rental, I promise you that. But no, it would be all through. It would be all through the site plan process as far as the parking and the layout and the utilities and all that. Mr.Weiner: Whitney. Mr. Graham: Thank you. So just so I'm clear, the idea here is to basically clean the site up as far as these easements and then to go out and find a doctor or dentist or some sort of professional user, then do a build to suit or scrape the building or sell the property, okay. Mr.Wood: Yes, sir. We would, once we get this cleaned up, we can move forward on a conceptual site plan and try to find a user. Mr. Graham: Okay.All right. Mr.Weiner: Any more questions. Any other questions? Oh I am sorry. Mr. Coston: Is anything on the building, I mean on the property right now? Mr.Wood: No, sir. There's no, there is grass, just grass and a tree. I don't think that the picture on the left is actually I think that's just off of the property. I could be wrong on that, but it's just basically a grass field. Mr.Coston: Probably will support, I think that we can trust staff to make sure what gets built there conforms to the regulations. Mr.Weiner: And also, just being consistent what we've done in the last eight years I've been doing this but if you all feel like we're comfortable with it, I will be comfortable with it, Jack,you have something to add? Mr.Wall: What utilities do run under through that easement? Mr.Wood: I can't answer that with certainty. I think I believe that there is a, I can't answer that with certainty. I'm not sure about this, I know there's, I think there's the, I think there 3 is a water line. I don't think there is sewer. Sewer is down the street and I'm not exactly sure what's under there. Mr.Wall: Mr. Morrison, can you, do you have any understanding on the utilities? Mr.Wood: I know Dominion is overhead there. So I noticed that. Mr.Wall: Give me one second. I'm sorry. Oh, the sewer is no longer in service? What about the waterline? What size is that water line? Mr.Wood: There's a condition to relocate. So we would have to. Mr.Wall: It is conditioned to have to move it, the condition. Okay. I don't think that paved area is in the, it is a little misleading that paved area is not part of this application. I think it's all grass turf areas within the easement. They closed say what is, I'm just curious with the green, the green box. That's closed portion of South Lynnhaven Road which is the paved area and is that still public right of way or is that owned by who owns them, the green area? Mr. Morrison: The green areas owned by the same person has parcel A with Woodard Realty, so when it was closed that half was given, was not given, was portioned to Woodard Realty and the other half was a portion to the applicant's parcel at the time. Mr.Wall: And they closed it but they maintain the easement because of those utilities probably on there, okay. Mr.Weiner: Any other questions? Any more questions? All right. Thank you, sir. Mr.Wood: Thank you, sir. Mr.Weiner: We have no more speakers. No speakers. Open it for discussion or motion. Ms. Oliver: I'm gonna make a motion. Mr.Weiner: Okay. Ms. Oliver: To approve it. Mr.Weiner: We have a motion for approval. We have a second? Mr. Coston: Second. 4 Mr.Weiner: Motion for approval by Ms. Oliver and second by Mr. Coston. We have Mr. Redmond hand up. Mr. Redmond: Mr. Chairman to clarify, I am abstaining from this application. The one of Mr. Wood's partners is a colleague, a work colleague of mine who I am partners with on other projects, I don't have anything to do with this but it probably best that I abstain from this and in fact abstain from the shortcoming, the shortly to be considered short term rental applications on there. Yeah, I know, but I am gonna leave as my point. Mr.Weiner: All right, we are ready to vote. Madam Clerk: Okay, Mr.Alcaraz? Mr.Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent. Mr. Inman is absent. Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is abstaining. Vice Chair Wall? Mr.Wall: Aye. Madam Clerk: Chairman Wiener? Mr.Weiner: Aye. Madam Clerk: By recorded vote of seven in favor zero against with one abstention. Agenda item number eight has been recommended for approval. 5 AYE 7 NAY 0 ABS 1 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein _ _AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS: 1. As to the applicant's property, the conditions attached to the Street Closure granted on August 13, 1984 and extended on May 20, 1985 are hereby deleted. 2. As to the applicant's property, a Deed of Partial Vacation to vacate the variable with public utility and emergency vehicle access easements shall be recorded with City of Virginia Beach Clerk of Circuit Court within 365 days from the date of City Council action. The Deed of Partial Vacation shall be subject to the approval of the City Attorney's Office. 3. All City public utility infrastructure within the easement area to be vacated shall be relocated or abandoned as determined and approved by the Department of Public Utilities. 1984 Street Closure Conditions The original Street Closure was approved by City Council on August 13, 1984, with an extension of time and final approval on May 20, 1985. The conditions were as follows: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right of way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. 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 6 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 James H. Morrison From: Woodardllc <woodardllc@aol.com Sent: Wednesday, May 5, 2021 10:15 AM To: James H.Morrison Cc: Hoa N. Dao; Nicole Garrido Subject: Re:Notice Rec'd for 877 S. Lynnhaven Road recognize the sender and know the content is safe. Good Morning.Mr. Morrison. Thank you for your quick response.It is going to take ntc some time to find our paperwork on that street closure. I know it was my father and I believe the previous owner.Vincent Mastracco.Sr.who petitioned the City for the street closure.Our portion has been included in our assessment so we have been paying taxes on our part as well. Just how does this affect our portion of the closed street? This notice and lack of knowledge to their end game plan is not giving me enough time to research and look into how this will affect our property. I have tried to find copies of the proposed plans.etc.online.but can not find anything other than what is stated in the notice.So for now.I am against this proposal. I know the Wood family has tried for years to do something with this tiny parcel.hut I have to consider the impact to my property. Mary Joan Woodard Principal Broker Business Manager Woodard Realty LLC r,,g 1956 WuudvnI\taiugemuu Inc. 2464 E. Little Creek Road Norfolk.VA 23518 757.583-4391 Telephone ti lYf • , t 5 City of Virginia Beach "its 0 OF OUR NAj`QNS DEPARTMENT OF PLANNING MUNICIPAL CENTER OPERATIONS BUILDING, ROOM 115 VIRGINIA BEACH, VIRGINIA 23456-9002 2405 COURTHOUSE DRIVE (904) 427-4621 July16, 1984 To: Honorable City Council From: City Planning Commission Reference: Application #4991 Application of John J. Woodard for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road beginning at the Northern boundary of Ole Towne Lane, running a distance of 300 feet along the Western property line, running a distance of 57 feet more or less along the Northern property line, running a distance of 307.73 feet along the Eastern property line and running a distance of 110 feet along the Southern property line. Said parcel contains 23,470 square feet more or less. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion for approval was lost by a recorded vote of 4 for the motion and 5 against. Application was denied. Very truly yours, Albert W. Balko Chairman AWB:sp GR CITY COUNCIL ACTION: �AUG 1 3 1984 The following conditions shall be required: 1. An easement reserved to the City for installation and maintenance of public utilities . 2. An easement reserved for access of emergency vehicles. 3. The closure of this right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council . John J. Woodard Application #4991 Page Two EXTENSION OF TIME AND FINAL APPROVAL: mu MAY 2 0 1985 - 11 - Item II-H.3 PLANNING ITEM # 22332 Attorney Grover Wright represented the applicant Robert Engesser spoke but not concerning the application. Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council APPROVED, subject to final approval in 180 days, an Ordinance, closing, vacating and discontinuing a portion of South Lynnhaven Road, in the petition of JOHN J. WOODARD. Ordinance upon application of John J. Woodard for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road beginning at the northern boundary of Old Towne Lane, running a distance of 300 feet along the western property line, running a distance of 57 feet more or less along the northern property line, running a distance of 307.73 feet along the eastern property line and running a distance of 110 feet along the southern property line. Said parcel contains 23,470 square feet more or less. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 13, 1984 lla - CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION JOHN J. WOODARD, et al. , PROSPERITY ENTERPRISES, et al. AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF SOUTH LYNNHAVEN ROAD, IN PRINCESS ANNE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, John J. Woodard, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of , 1984, for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 30th day of March , 1984, and on the 8th day of April , 1984, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the 15t1,, day of March , 1984, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 21st day of May GROVER C. WRIGHT.JR. ATTORNEY AND COUNSELLOR AT LAW, PC. 161,1r6 000 OC..l:ll rOWEN r1,U VIROINIA IEACII rVINUINIA 12:1460 August 13, 1984 - llb - 1984, appointed Robert J. Scott na.,,A r rz^chain r and C. Oral Lambert , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of South Lynnhaven Road in the Borough of Princess Anne, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of South Lynnhaven Road marked by diagonal lines and designated "TO BE CLOSED Existing South Lynnhaven Road" as shown on the plat attached hereto entitled "Plat of Portion of South Lynnhaven Road to be Closed, Princess Anne Borough, Virginia Beach, Virginia" , made by James C. Hickman, Land Surveyor, dated October 31, 1983. August 13, 1984 - llc - 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of John J. Woodard and Prosperity Enterprises, as grantees, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 3. This ordinance shall be effective thirty (30) days from the date of its adoption. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of , 1984. TESTE: RUTH SMITH, CITY CLERK By City Clerk August 13, 1984 37. A. Description Application of John J. Woodard for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road beginning at the Northern boundary of Ole Towne Lane, running a distance of 300 feet along the Western property line, running a distance of 57 feet more or less along the Northern property line, running a distance of 307.73 feet along the Eastern property line and running a distance of 110 feet along the Southern property line. Said parcel contains 23,470 square feet more or less. PRINCESS ANNE BOROUGH. B. Administrative Comments Application for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road located directly north of Old Towne Lane. The area proposed for closure contains 23,470 square feet ( .539 acre) and is an improved 90 foot right-of-way. Surrounding zoning is B-2 Community Business District. Land use in the area is a mixture of retail and commercial uses. A street closure for a portion of South Lynnhaven Road to the south of this site was granted on June 21, 1976. This closure was only for surplus right-of-way and resulted in this portion of South Lynnhaven Road being reduced to a standard 50 foot right-of-way for a turnaround. This right-of-way is improved with a two lane pavement section marked for one way southbound traffic only and includes curb, gutter and sidewalk on the west side. A 12 inch water line and an 8 inch sewer force main are located within the area proposed for closure. The Fire Department indicates that closure of this street would eliminate necessary access for emergency vehicles responding to this area. It is the opinion of the viewers that closure of this street would result in public inconvenience since: 1. The street currently provides public access for residents and businesses in the surrounding area. 2. Closure of the street would eliminate necessary emergency access to this area and would make general circulation more difficult. C. Evaluation Based on the findings of the Viewers, recommend this item be denied. 89. N 78°22 14.• E o sw° \ \ , (r) \\Q‘ \• Z Jo La 7 Z Z sr\\ C �� I, m a J C Q ao - \ °' w \ s a Y N I — O 0 \ -rQ WUh • O \ P�3\• e 10'R • \�, \`\: 10'R��,0 .� 1IC,.00 `. . • • S78°22'144 • R17501 OLD TOWNE LANE ( 501) R ,1 /W TO BE CLOSED PLAT OF PORTION of SOUTH L YNNHAVEN ROAD TO BE CLOSED PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE I 1" c 50' DATE + OCTOBER 31, 1983 JAMES C. HICKMAN LAND SURVEYOR S625 PROVIDENCE ROAD VIRGINIA BEACH, VA 13464 f B Pp PLAT RECORDED IN M B Pp CITY OF VIRGINIA BEACH VIRGINIA • APPLICATION FOR STREET CLOSURE Application No. , 9C1 (1 Applicant: _ John J . Woodard Date: March 15, 1984 Address: c/o Grover Wright , Atty. Fee: Street Closure $100.00 Telephone: 428-27'41 A representative of the applicant must be present at the Public Hearing to apprise the Commission of complete information concerning his request. A survey is required to accompany all applications for street closures which shall be prepared by a surveyor, en ineer, or other person duly authorized the State to practice such, which sha ecome a part of the permanent record and is not returnable. Request for: Closure of Portion of South Lynnhaven Road Reason for Proposed Closure: To relocate street Description of Property: See attached plat Borough: Princess Anne I HEREBY CERTIFY that it is my intention to have the following street(s) closed: Portion of South Lynnhaven Road Does an official or an employee of the City of Virginia Beach have an interest in the subject land? Yes No X If the answer is yes, name the official or the employee and nature of interest. Date: March 15, 19_84 Signed: jr/-47.42o n . Woo Act of Commission: Granted /D n ed Mo led Date 7/D -,/ Action of Council : Granted Y Deni d Modified Date il)0_I14 o. o/ae Posted to map by: e Sheet Forwarded to City Assessor FORM NO. F.S. 1 Gs.4IA•BF'9c C or �� r - u ,,,r ►t . City of Virginia Beach INTER-OFFICE CORRESPONDENCE 4 0«NA DATE: June 26, 1984 TO: See Distribution List DEPARTMENT: FROM: kobert J. Scott DEPARTMENT: Planning SUBJECT: Report of Viewers - Closure of Portions of Lee Street and Old Country Road, South Lynnhaven Road, Ego Drive, and Rouse Drive Lee Street and Old Country Road Application for the discontinuance, closure and abandonment of portions of Lee Street and Old Country Road. The area proposed for closure consists of .53 acres and is located within the block bounded on the north by 22nd Street, on the south by 21st, on the east by Cypress Avenue and on the west by Parks Ave. Surrounding zoning consists of C-1 Arts and Conference District and B-4 Resort Commercial District. Land use in the area is a mixture of resort commer- cial uses to the north and south and single family residential to the west. Portions of this right-of-way are improved with a two lane asphalt roadway. A two (2) inch water line exists in Lee Street. City Council has denied previous requests to close these streets on March 14, 1977 and October 18, 1971. It is the opinion of the viewers that public inconvenience would result from the closure of these streets since there is a possibility for future public use as parking and/or improvements to circulation in this area. South Lynnhaven Road Application for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road located directly north of Old Towne Lane. The area proposed for closure contains 23,470 square feet ( .539 acres) and is an improved 90 foot right-of-way. Surrounding zoning is B-2 Community Business District. Land use in the area is a mixture of retail and commercial uses. A street closure for a portion of South Lynnhaven Road to the south of this site was granted on June 21, 1976. This closure was only for surplus right-of- way and resulted in this portion of South Lynnhaven Road being reduced to a standard 50 foot right-of-way with a turn around. Distribution List Memo June 26, 1984 Page Two This right-of-way is improved with a two lane pavement section marked for one way south bound traffic only and includes curb, gutter and sidewalk on the west side. A 12 inch water line and an 8 inch sewer force main are within the area proposed for closure. The Fire Department indicates that closure of this street would eliminate necessary access for emergency vehicles responding to this area. It is the opinion of the viewers that closure of this street would result in public inconvenience since: 1. The street currently provides public access for residents and busi- nesses in the surrounding area. 2. Closure of the street would eliminate necessary emergency access to this area and would make general circulation more difficult. Ego Drive Application for the discontinuance, closure and abandonment of a portion of Ego Drive located east of Matt Lane. The area proposed for closure is a 50 foot unimproved right-of-way that contains 3358.30 square feet (.077 acres) . Surrounding zoning consists of R-6 Residential District and B-2 Community Business District. Land Use within the area is single family and duplex resi- dences with commercial development located to the east along First Colonial Road. There are no water and sewer lines located within the area proposed for closure. It is the opinion of the viewers that closure of this street will not result in public inconvenience subject to the following conditions: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels and to avoid the creation of a conforming lot. 2. Dedication of a 20 foot drainage easement on the centerline of the existing 50 foot right-of-way. 3. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions with 180 days of the approval by City Council. Rouse Drive Application for the discontinuance, closure and abandonment of a portion of Rouse. Drive located east of Grayson Road. The area proposed for closure is a 30 foot wide improved right-of-way totaling 9,016 square feet (.207 acres) . It should be noted, however, that it is the intent of the applicant to basic- ally relocate Rouse Drive since he also intends to dedicate to the City a parcel of property 42.45 feet to the south of equal size for the continuance of Rouse Drive. Distribution List Memo June 26, 1984 Page Three Adjacent zoning consists of 0-1 Office District. Land Use within the area is a mixture of office building and single family residences. There are no city water or sewer lines in the area proposed for closure. However, there are VEPCO lines and poles which would have to be relocated at the applicant's expense. It is the opinion of the viewers that closure of this portion of Rouse Drive will not result in public inconvenience subject to the following conditions: 1. Dedication of a standard 50 foot right-of-way to the south for the relocation of Rouse Drive. 2. Provision of a bond to cover the cost of right-of-way improvements, as required by City staff, for the relocated Rouse Drive. 3. Resubdivision of the property to incorporate the closed portion into adjacent parcels to avoid the creation of any nonconforming lots. 4. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council RJS/DCS/dca Distribution List Thomas H. Muehlenbeck David M. Grochmal C. Oral Lambert J. Dale Bimson Aubrey V. Watts, Jr. William L. Rice a•_st k*s.\../.4- \'\ ca2ii___—____-________\ 4t"..#)/\i * 0_3__i ;A . 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" s���4�:tt -AAA.i N /// Site Robin Gauthier W 4�bi Property_Polygons 1593 Lynnhaven Parkway i s QZoning F1 Building — mili i. iimi Feet Parking Lot Drive Aisle 0 65130 260 390 520 650 780 iEsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC. [Applicant] CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA [Property Owners] Conditional Use Permit (Group Home) for the property located at 1593 Lynnhaven Parkway (GPIN 1485484285). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: June 15, 2021 • Background: This request was deferred at the May 18, 2021 public hearing per the City Council's request. The applicant is requesting a Conditional Use Permit for a Group Home within the Green Run neighborhood. As Green Run is zoned PD-H1 , per Section 1110 (b) of the Zoning Ordinance, modifications to the PD-H1 land use plan are required to be considered similarly to a zoning change or Conditional Use Permit, and as such, the applicant is requesting a conditional use within the PD-H1 District. The site is currently developed with a church. A 1 .90-acre portion of the site will be conveyed to the Samaritan House, Inc. for the purpose of a Group Home for up to eight youths who have been victimized. Specifically, the request consists of a new 5,862 square foot, two-story dwelling with an exterior of fiber cement panel vertical siding, asphalt roof shingles, vinyl windows, and fiberglass doors. The Group Home will provide a safe and secure home for these children between the ages of 9 years old to 17 years old. The Group Home will operate 24 hours a day, seven days a week. Three to four staff members will rotate during normal business hours with one to two staff members on site at any given time, with one staff member staying overnight. • Considerations: The Group Home will provide a much needed and valuable service to the community. The proposed structure is compatible with the surrounding residential character and institutional uses, such as a private school to the north. In Staff's view, and the Planning Commission concurs, the Group Home will not change the character of the neighborhood and will not adversely affect the surrounding properties. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Robin Gauthier, CEO on behalf of the Samaritan House, Inc. Page 2 of 3 Two letters of support were received by Staff, one from the adjacent church and one from the Green Run Homeowners' Association. The owners of the Montessori School to the north of the site spoke in opposition at the Planning Commission public hearing. The concerns noted that the operation of the Group Home will result in a dangerous situation for their students and staff. This in turn would negatively impact enrollment. While not a condition of approval recommended by the Planning Commission, in an attempt to address the oppositions' concerns, the applicant committed to installing a six-foot tall solid privacy fence along the property line shared with the school which is shown on the conceptual layout and will be required to be installed. The applicant worked to address the concerns of the opposition by agreeing to construct the 6-foot tall solid fence to provide privacy between the school and group home, as well as selling a 25-foot portion of the Group Home property to the Montessori School, where the Montessori school currently encroaches into. The Montessori School is in agreement with these changes and is no longer in opposition of this request. • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN — THE HALLOW SAMARITAN HOUSE", prepared by Draper Aden Associates, dated 12/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE", prepared by Cox Kliewer & Company, P.C., dated January 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be Robin Gauthier, CEO on behalf of the Samaritan House, Inc. Page 3 of 3 subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department I City Manager: Applicant Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item Property Owners Catholic Diocese of Richmond Virginia, Episcopal Diocese of Southeastern Virginia \&3 Planning Commission Public Hearing April 14, 2021 7 Virginia Beach City Council Election District Centerville Request Conditional Use Permit (Group Home) v Staff Recommendation , `` ::nner t V 4 Marchelle Coleman Location 1593 Lynnhaven Parkway Ile 11111 eil GPIN 4 \ 1485484285 4144, 4�������. , , Site Size "` 1 1.9 acres AICUZ a clIOP Less than 65dBDNL 1� Watershed ^ 4�'# `5: .J• Chesapeake Bay Existing Land Use and Zoning District Church/PD-H1 Planned Unit Development '; , Surrounding Land Uses and Zoning Districts ISP ,,,, North 7' . School/PD-Hi Planned Unit Development ?• 11Ar:: i South 's '' Lynnhaven Parkway "` Single-family dwellings/PD-H1 Planned Unit ,. Development _40 - East �. Windmill Point Crescent i - Townhomes,gas station/PD H1 Planned Unit , Development -�w"_' ' � West _ . Fire station, cannal/PD-H1 Planned Unit * •. .. . . Development Robin Gauthier,CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Group Home on the PD-H1 Planned Unit Development zoned parcel, located within the Green Run Land Use Plan. Per Section 1110(b)of the Zoning Ordinance, modifications to the land use plan by City Council shall be in the manner of a zoning change or Conditional Use Permit. Based on this,the applicant is requesting a Conditional Use Permit for a Group Home,as it is a conditional use within the PD-H1 District. • The site is currently developed with a church.The church is not utilizing the entire site so the Samaritan House, Inc. executed a purchase agreement with the church to purchase a 1.90-acre portion of the site.The property will be subdivided to create two lots with the Group Home being constructed on one of the newly created lots. • The applicant is proposing to build a 5,862 square foot,two-story dwelling with fiber cement panel vertical siding, asphalt roof shingles,vinyl windows,and fiberglass doors,as depicted on pages seven and eight of this report. • The Group Home will provide a safe and secure home for up to eight youths who have been victimized.The ages of the youth will range from 9 years old to 17 years old. • The first floor of the home will include two offices,an interview room,file/copy room,one classroom, an indoor recreation room, kitchen, storage area,service hall, pantry, living room,and an ADA compatible bedroom and bathroom. • The second floor will consist of eight standard bedrooms,four bathrooms, laundry and linen room,and housekeeping storage. • The Group Home will operate 24 hours a day, 7 days a week.There will be three to four staff members rotating during normal business hours.According to the applicant,there will only be one to two staff members on site at any given time,with only one staff member staying overnight. Operating shifts will be from 8:00 a.m.to 12:00 p.m. and 12:00 a.m.to 8:00 a.m. x,•y Zoning History utt`• 1 t .' # Request Keelboat Circle L - 1 MOD(Green Run LUP—Automobile Service Station Fuel II Sales)Approved 10/10/2000 MOD(Green Run LUP—Automobile Service Station) 1 =`— Approved 04/13/1999 AP 2 MOD(Green Run LUP-Self-Storage Facility)Approved d 02/25/2014 • .'•„e• " .o; SVR(4.4(b))Approved 02/25/2014 ro, yT POHT �r J �t VON. F1.y.Ni /` 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 Robin Gauthier,CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for a Group Home, in Staff's Opinion, is acceptable.The applicant has requested to care for youth who have been victimized. The Group Home will provide a much needed and valuable service to the community. The scale and design of the proposed structure is compatible with surrounding residential and institutional uses.Staff believes that this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. While the City Zoning Ordinance does not specify a minimum number of parking spaces for a Group Home,in Staff's opinion,the four parking spaces proposed for this use will adequately accommodate the employees and visitors, as the residents will not have vehicles on site. According to Traffic Engineering Staff,there is no trip generation data available for a Group Home.Traffic Engineering anticipates that this eight-bedroom home will generate less traffic than a typical PD-H1 residential land use. According to Permits and Inspections Staff,this Group Home meets the criteria to be classified under the Residential Building Code. In order to utilize this portion of the Code,the facility must be limited to no more than eight residents and one overnight resident counselor. Condition 5 is recommended to ensure that the occupancy load will not exceed what is deemed appropriate by Permits and Inspections. Based on these considerations stated above,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN—THE HALLOW SAMARITAN HOUSE", prepared by Draper Aden Associates,dated 12/22/2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance,size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE", prepared by Cox Kliewer&Company, P.C., dated January 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning& Community Development. Said plat shall be subject to the review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 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 Robin Gauthier,CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 3 and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 33,700 ADT1 36,900 ADT (LOS 4"D") Existing Land Use 2—90 ADT Proposed Land Use No Data Available 'Average Daily Trips 2 as defined by a 1.9 acre site in 3 No information available in the 4 LOS=Level of Service the PD-H1 Zoning ITE Trip Generation Manual for group homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Parkway, in the vicinity of this application, is a four lane major urban arterial roadway.There are currently no planned improvements to this portion of Lynnhaven Parkway. Windmill Point Crescent is a two lane local street.There are no traffic counts available for Windmill Point Crescent. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. The newly created parcel must connect to City water and sanitary sewer services with an exclusive connection. Robin Gauthier,CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 4 Public Outreach Information Planning Commission • The applicant met with the Board of Directors of the Green Run Homeowners' Association on February 23, 2021 to discuss the details of the request and no objections were raised. A letter of support was provided to Staff by the Green Run Homeowners'Association as a result of the meeting. The applicant also met with the adjacent church who is also supportive of the request.The school to the north had concerns about the proximity of the building to their school and is concerned that it could affect their business. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28, 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/Bookma rkedAgenda.pdf on June 11, 2021. Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 5 Proposed Site Layout — IOU VA KAI MO 011011104,......1 MM..,UM ,I ”"....." ••......• a•etol. 464. .........$u.........bg•ta,.Awn., .:••••11.A. ''CIP SZIMOOSSY IOW darn W. \ f I 3snoH NVIltiVINVS MOTIVH 3141 I t PArld 1.110AV1 3.1./S 1V11.1.d3ON00 i 1 t F e t- u) 1 j .13 ;111° Ilil I II !i 1 IfL_ ! 11 i 4 i 1 °IA ILIA1 Illittin a 'v i I 11111 11i11!, 41411iiiill! i y!1 .„,==. • f.:2--,_.-- , • . 1 i ,: . .. . : 1 / 5til!11 ill In1 , 1 11!g dr i fltf a , i I ligi ii ;91 1 ' ... -...._ — . ---.....: -- .....,.. ...... --___. _. -.... , ( N 1 al 'I i t i I.-. , • 1411i0! - ,-••-, --1) r I i • a, t i ti Ett --•. * r I \r , \ i \ I ' 1 a I 1\ \, \ I II ik \ l'i i itig:11 , I it It 1 I \ra I A Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 6 Proposed Landscape Plan --_. --- 091.610 WNW MONO AVII.I.Pht WIP•1404A 1 ie. 1 i 8 la ...N 3 snoH NVIIHVIANS MOT1VH 3141 ; 0 X 0'• ig>:. SOIBTOOSSIor uopv.iadaru 11:7 NV ld 3 dVDSCINV11VC11 d3ON00 i i i ! t F' ,611 tii i',4 w w All-•, D 0 UJ 'I C.) CO 1 i I 1 a ,r i 1 1 k Ci Z - 8 - f. • • - E3 •- ,...'. ----- , ... _. . r -,_ zo ------- , ,' ti , _ at i• -<• • '3, ' • ''''.''............f V ''..* ..... / , —MU. • v • I. :i t•••...I.:, i 1 4 A, I i I., • 1 . r 1 .s.'A,., a /7 , r':, --.' t 1111114•44--a. . r ' i r •- - // "•`-----'-'•---- . [:. . . • 2‘,.. I , ' a t r • .e.r . .. 3 " • l', A fill . : ,.• . ', '.I,III " - - . , ... 4 .... \ .• _, it' li, •• _ A \ • I1• 1° :ate• '''' lit * I .. • • , \ I ,_.2 I-.,, ,1,"' . i u , , 1 k _ . ----------------- Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 7 Proposed Building Elevations nhi0,,,,,„ tu, 0 «...«.2..nn«en V a roi.,,lir".....o .Er 6NC LEvw•q.. ri '' 111� eelelleIIli! i . °11 iiii li o MOM 61.18.801. 1K.1'.0' THE HALLOWS DEYELO,ED FOR'NE A 34RITAN 03116! NRDICE 1583 LYRAVEN DR NRGI•NA 15EAQI VAGMN 23453 ,..,. •. MM4JARf A/1 t21G3D1 a 1 O• «no....on..n © ©�pOdooi „Flow cc pp. ©--• - Ow noxl DC ear TON 1Yt.1'-T A __=_._.y1 U i 0 \ 0. 'stiF`milti3m:3es-- : :0 :vC] ii_ ° 0 , it' 4! 'CCLvai{iC { %X{Tr .,] 7 . , .0 VV O' r. F 1- 1,w kir.,c THE HALLOWS I,.ii..•n I, DEVELORED FOR TIEGANARTAN HOUSE 13W LYNNIIAAENDRIE VMGiiMA 9EACM.HRG.NJ.P3179 PROXCr NO 2210301 ....,r•,.•, .LANINRY 2121 Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 8 Proposed Building Elevations s s - , m a _ ..fit r _ e.., .iii- -- . - _ ,,, ...... . . ........_ .. ., .. _., _____ . . ... .,„ . . 'F -` .,:,....„...„, _: . .__ . _._ .., . 4. ..4.7.1e ,..,..„-_,. ,, , ..,........,, __,,,,,, ,,:e...-- .4t, ., , _ ... ___...._ -4,-_,*-1r.:::___„ -- 1 madel„,.... .,1 ...__. ... ._ - ,•.,A. .. .- _, _ __ r • ♦j� II ` `,: -, ey� o t :r CI,.kir„„s THE HALLOWS 1 op.,Hl.pi_ DEVELOPED FOR THE SAMARITAN HOJSE 1543 LYNNHAVEN DRNE VIRGMU BEACH.V,RGBEA 23453 PROTECT NO 22003.01 y1NWRY 2M1 r 4. j LK' 4 . i .". '..... ;,' :AV:-,;.';" .71, ,,,....i . ..,. . .. . . ... . . .,. , _ .. ...i.::. . ... iiii, .!e...,..0....,....,„ .,,,..,,4, ,‘,_..,,,i._ . . ., . . 1 II 1! ,AX ' ;N:,, , . 1r ._ -. . 4:.......„....-4:- . , siii............... .4-3, tattoo; I. ice. ,,1:,.,„ �t��: - . . ..,..::: uc„I,\ THE HALLOWS N.PI DEVELOPED FOR THE SAMAR-W B JCE 1593 LyNNHAYFli BRIE . .Y�N,A BEACH.VrtiGMUA 231i , 'Y 202122003A51 Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 9 Site Photos --�' E Y . • A a^' ? �� wit Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement "\ C',y ofTwvi,m Beef, 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 Robin Gauthier,CEO on behalf of Samaritan House,Inc. Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Tom Snyder,Inman and Strickler,PLC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?i Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Glen Huff-Presicent,Ellen Nacey-Vice President,Ali E.Gunbeyi-Treasurer,Susan Fulcher-Secretary,Dana Poole-Past President, Davide Kenerson-Member,Sarah Golden-Member,Christina Hughes-Member,Jessica Bedenbaugh-Member,Nicole Livas-Member,Mary Elizabeth Davis-Member,Ken Shewbridge-Member,Tim Harrel-Member,Kaylie Donahue-Member,Bryce Baker-Member,Roo Broermann-Member. • 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 cirectly 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. "Affif.ated business entl y relationship"means"a relationsh p,other than parent-subsid•ary 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 otter entity,or(ii)there Is shared management or control between the business entties. 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 sane 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. liPage Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement NIC3 exty of Vvvrie Sea* r __ Planning&Community �� Development Known Interest 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-collateraiization,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 ®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?I Yes ❑No • If yes,identify the firm or individual providing the service. Andrew Basile,PBMares L.LC. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm or individual providing the service. Lawrence(Duff)Kliewer,Cox,Kliewer and Company P.C. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 21Page Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 12 Disclosure Statement Disclosure Statement c+tadysa+:a9.en Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or :c be operated on:he property?®Yes ❑No • If yes, dentify the construction contractor. John Barnes,Chesapeake Homes 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating cr to be operated on the property?I®Yes 0 No • If yes,identify the engineer/surveyor/agent. Joe Bushey,Draper Aden Associates S. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Tom Snyder,Inman&Strickler P.L.C. 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 Ras 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 Robin Gauthier,CEO,on beha f of Samaritan House,Inc. Print Name and Title 12/18/2020 Date Is the applicant also the owner of the subject property? 0 Yes ®No c if yes,you do not need to f out:he 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 Nochangesesof Date 5/25/2021 i signature °r`"t"'"` Marchelle L. Coleman 31 = =ryr Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 13 Disclosure Statement • s Owner Disclosure Owner Name 13ishop of the Catholic Diocese of Richmond Virginia(one-half tenant-In-common Applicant Name Robin Gauthier,CEO on behalf of Samaritan House,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I]Yes • No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) Owner is a judicatory of the Roman Catholic Church. The Bishop,the Most Revererd Parry C.Knestout,holds title to and Tnor .Three a,e nv hvsteea. MichaehhicSee h the EEO foe the Owner and Charles Mikell is the Director of Real Estate for the Owner. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity4 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?O Yes ■ No • If yes,what Is the rime 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,(If)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there Is shared management or contra!between the business entitles, Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles.' See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. 5IPage • Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 14 Disclosure Statement Owner Services Disclosure 2. Does the Owner have any existing financing(mortgage,deeds of trust,cross•coiiateralization,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 ye;identify the fnanclal institutions, 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes MI No • If yes,identify the real estate broker/realtor, 3. Does the Owner have services for accounting and/or preparation of tea returns 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. 4. Does the Owner have services from en 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 II 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 NI 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?Cl Yes ® 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?0 Yes II No • If yes,Identify the engineer/surveyor/agent. 61Page Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 15 Disclosure Statement • • _ ems..._ _ - _ yi i 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?0 Yes I 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 uncerstand 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 Signature 4:11/ f j ,.�!�+� . Print Name and Title M4IPAI" VEv£rerNa- %Arze/ G•KneStrsat,"Fa$ftea [priklekrc brovtr 4 (?.Ctl Mom.✓A 2/,i/z 1 Date • 71Page Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 16 Disclosure Statement Disclosure StatementV13 City of Vityinia Brach Planning&Community = Development Owner Disclosure Owner Name Catholic Diocese of Richmond Virginia,Episcopal Diocese of Southeastern Virginia Applicant Name Robin Gauthier,CEO on behalf of Samaritan House,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?*Yes E No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The Episcopal Diocese of Southern Virginia is an unincorporated association under the leadership of The Rt.Rev.Susan B.Haynes, Bishop • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Not applicable to the Episcopal Diocese of Southern Virginia 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?D Yes le 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. 51Paee Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 17 Disclosure Statement Disclosure Statement cav of Virp Bala Planning&Community —v Development Owner Services Disclosure I. 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. 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 IN 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?❑Yes Ili 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 III 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 U 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?0 Yes III No • If yes,identify the engineer/surveyor/agent. 6IPagu Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 18 Disclosure Statement Disclosure Statement CUY of t7,yirva Bmh Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or tc be operated on the property?❑Yes ® 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. ~r ors �l Owner Signature tJ The Rt.Rev.Susan B.Haynes,Bishop,Episcopal Diocese of Southern Virginia Print Name and Title January 29,2021 Date 71 _ Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 20 Item 7 Robin Gauthier, CEO on behalf of Samaritan House, Inc. [Applicant] Catholic Diocese of Richmond Virginia, Episcopal Diocese of Southeastern Virginia [Property Owners] Conditional Use Permit (Group Home) 1593 Lynnhaven Parkway April 14, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Thank you. Next item is Item number 7. Madam Clerk: Agenda Item Number 7, Robin Gauthier, an application for a Conditional Use Permit for a Group Home on property located at 1593 Lynnhaven Parkway located in the Centerville District. I believe that we have the applicants' representative as a virtual speaker. I'm calling Joe Buschi. If you would wait two to three seconds and then begin your comments. Mr. Buschi: I was just available to address any questions that the Planning Commission may have. I wasn't signed up to speak on behalf of this application. Mr. Weiner: Hold on one second, sir. One second, please. That was the applicants' representative? Madam Clerk: Yeah. Let's call Tom Snyder, Thomas Snyder, who is also virtual, and Mr. Snyder, if you would wait two to three seconds. Mr. Weiner: Welcome, sir. We thought you were virtual. Mr. Snyder: I am. Mr. Weiner: Part of a hologram, right? Mr. Snyder: How are you? My name is Tom Snyder. I'm a local attorney in Virginia Beach. I'm also a member of the Board of Directors of Samaritan House, who is the applicant for a Conditional Use Permit for a Group Home on approximately two-acre parcel of land off of Lynnhaven Parkway. My client is going to develop a group home for people who are subject to human trafficking, to be servicing those people here in Virginia Beach. Samaritan House, as some of you may know, also provides other kinds of services for people who are subject to domestic violence and as a part of its mission, this mission creep, so to speak, occurred and the opportunity was provided to us to provide this additional service. Just so you know, this is a home for children who are subject to human trafficking and have unique problems. It's a much more intensive issue to deal with and that requires a specialized facility. This, there is, to our knowledge, there is only one group home which has been in the process of being developed in the Commonwealth of Virginia, and this will probably be the second and the 1 first to maybe become the first which will actually become operational. We have located the property, the building on the property in a manner that we think will allow for potential expansion of this facility as the need potentially grows. The property we are buying from the adjoining church, which is a unique church because it's owned by both the Catholic Church and the Episcopal Church, and both of them have enthusiastically supported the mission of what we are trying to accomplish and recognize the need for it in the Commonwealth. I do want you to see, if you look at the site plan which is on your e screen in front of me. You'll see that we have recently discovered the adjoining property owner, which is a Montessori School has raised some concerns. There are a couple of things you should notice about that. Number one, the property line for the property that we are purchasing actually is on the Montessori School property and has actually encroached on the property owned by the church, and that's about 3,500 square feet. But what we have done is, you'll see that there's actually a fence and landscaping line that we have proposed that would provide both security and a screening from the Montessori school. And so, we tried to address that issue proactively and put that into our application, I think just yesterday. So, I have Ms. Robin Gauthier here with me as well. She's the Executive Director of Samaritan House. She is extremely knowledgeable about this entire project. If there would be any questions that you would have concerning what we are going to be doing, she would be probably a better person than myself. I will tell you this, most of the people who are going to be occupying this facility; I think there's seven or eight bedrooms, it's about 5000 square feet, they are probably almost all going to be young girls between the ages of something like 14 and 17 years of age. There are on staff people 24/7 that will be there. Robin can give you really the nuts and bolts of what the program would entail, and what the efforts are or what would be under what we would be trying to do to help these people to be able to become functioning members of society, so to speak, and to overcome whatever, most of them will have had a very serious history in terms of to try to deal with. So, I know there's 3 minutes and I don't want to overspend my time. Mr. Snyder: Pardon me? Mr. Weiner: You get 10. Mr. Snyder: Oh, I get 10. Yeah. Oh, okay. Well, I'm sitting here thinking I only have 3 minutes. I'm waiting for some, for something to tell me. Mr.Weiner: But I will tell you. Well,there is somebody, I believe there's one speaker in opposition. Mr. Snyder: Yes. Mr. Weiner: So, let them talk. And then let's see what they have to say and then if you want to come back up to address anything that you have to say, we will let you come back up. Alright, thank you. 2 Mr. Snyder: Thank you. Mr. Inman: How about Robin first? Mr. Weiner: Do you want to, hold on one second. Do we want to? Mr. Inman: Could we hear from the Executive Director first, about the details of the program? Okay. Mr. Weiner: Sure, okay. Okay, sure. Welcome. Ms. Gauthier: Good afternoon. Thanks for having me. Mr. Weiner: Can you state your name for the record. Ms. Gauthier: Robin Gauthier, Executive Director of Samaritan House. The program will actually serve five to eight youth ages 9 to 17. And so, we don't know if we'll have eight beds filled all the time, but there's the potential to have eight youth to be served. And so, you know, the services are going to be educational services, trauma informed counseling, case management, mental health, substance abuse; anything that's needed for these girls. We've been rescuing victims of human trafficking since 2016. In the Hampton Roads Human Trafficking Task Force, we were a major part in bringing those funds to the Hampton Roads area. And so, what we did not realize in 2016, is we'd be finding so many youth, many of them in Virginia Beach, Norfolk, Chesapeake, Hampton, Newport News in our region. So unfortunately, because there's no facility for youth, oftentimes the law enforcement or Homeland Security or FBI will have to bring them to juvenile detention, so at least they will have a safe place to stay away from the trafficking and away from the streets. But we know what they really need is a residential home like this with medical facilities,where they can get all the services they need. There is a runaway youth shelter that's available, but it's a 90-day program, and there's really not the services that they need. And so, at Samaritan House, we've seen about 18 kids this year that we've been working with, as case managing them, but they are either at home in juvenile detention in another type of group home or they were in foster care. So, we really need a facility like this for our region and for our task force, because we're continuing to find children that need to be rescued in a lot of hotel, motels in this area where we're finding them. And being that we're a resort area we're finding a lot of youth that are trafficked. Mr. Weiner: Thank you, any questions? No? Okay, thank you, ma'am. Madam Clerk: Chairman Weiner, we have a speaker signed up. They're supposed to be virtual, however they have not signed on so I'm going to call them to see if they showed up in person. Rolando and Judith Timm. Mr. Weiner: Welcome ma'am. Please state your name for the record. 3 Ms. Timm: Judith Timm. The proposed facility, Samaritan House to be built next door to Courthouse Montessori School is a house that is going to house a group of young students 9 through 17 was what I was given on the telephone. These girls have been traumatically sexually abused by sex traffickers. Although I appreciate the work that Samaritan House is planning to do for these girls, I'm confident that that particular type of group home, being next door to a school is extremely detrimental to our business and the school situation. We have been in operation for 27 years at this location. We cater to the military, to medical personnel and to the general public. Our school is open daily from 6am to 6pm to accommodate these people. Our children range in age from 16 months old through 12 years old. They're at a very impressionable, vulnerable and inquisitive age; the dangers associated with this type of group home right next to Courthouse Montessori School would cause concern to our parents for their children and for us for our students. As a result, we would begin to lose families. Our school would end up not being available. I'm responsible for keeping these children safe, and I don't feel comfortable with this group home being built close to our school, and I'm certain the parents would share this concern. I have not mentioned it to them. We are strongly opposed to this group home being built beside our school, and thank you for giving me the opportunity to express my concerns. Mr. Weiner: Thank you. Ma'am, hold on second, do you have a question? Okay. Mr. Timm: My name is Rolando Timm. I came originally from Chile 58 years ago. One of my goals with my wife was to participate in the education of children. My wife has several degrees in Montessori, and it's a very unusual and very excellent system. We have generated literally thousands of children that have come through our school, that when they go into the real world do a positive job, in their personal morality and their personal standards. Now, I realize that there's a need for a place like the Samaritan House, but to place it right in the middle of a family-oriented place with a school right next to it poses all kinds of problems. I know there can be all kinds of assurance that there will be people involved; I'm sure that the people associated with this traumatized young people are not going to just say bye and let them go by. And the exposure that we are being put into is the same exposure, like somebody will tell you you're safe in your house but if you call 911, you may be put on hold for 15 minutes. So,this is the sort of thing that is unpredictable, and we feel very upset about having this because our children in a playground right next to this place, they hear all kinds of things that you and I and other people cannot prevent from happening. So, my personal position, as much as I like to support all kinds of charities and other many other good works for young people, I would not want to see that next to us. What is going to probably happen if it does, I'm going to be forced to sell the building and move to another location somewhere,which at this point. I don't know where that would be. And we will be probably severely penalized in the selling of the property because of the existence of this house right next door. Thank you very much. I appreciate your concern. Mr. Weiner: And hold on one second, Sir. Ms. Oliver has a question for you. 4 Ms. Oliver: Sir, as I appreciate your perspective on this, I'm just curious as to what impact that you are anticipating from these young girls on to the school. What do you perceive happening? Mr. Timm: Well, unfortunately it's not the young girls I'm concerned about; it's the girls that these girls were associated with.We have in this country a horrific problem in that regard; it will not have a handle of it. The trafficking and young woman's or whatnot is well known and yet, we haven't controlled it. We don't have control over it. And so, the people associated with these girls in the past probably never want to just sit back and let it go by, they're going to search for it, and we have very little ways to defend ourselves for it. Ms. Oliver: So, if I understand you correctly, then what you are concerned about is that the sex traffickers coming to find the girls to get them back, and then possibly, there's your school. Mr. Timm: We're dealing in an unknown. Nobody can give me any assurance, oh, that will never happen. No, if you watch TV frequently enough, you'll see that horrific things like that can happen and the police and the law enforcement agencies have very little power because you have to wait for something to happen before they can do anything about it. And then the rest of the story, you know what will take place. Ms. Oliver: Thank you. Mr. Weiner: Thank you, sir. Any other questions? Thank you. Thank you. Mr. Timm: Thank you very much. I want you to know that my wife and I in 27 years have put a tremendous amount of effort into having the very best type of school for our young children. Thank you. Mr. Weiner: Thank you very much, sir. We do appreciate it. Thank you. Madam Clerk: There are no more speakers. Mr. Weiner: Okay. Do you want to come back up and address anything, please? Ms. Gauthier: So, I do understand the fear of the unknown, and I talked to Mrs. Timm for quite some time. I didn't know they were in opposition until yesterday; it was the first time I heard from them. I thought they were calling because they wanted to support it actually. I do understand the fear of the unknown, but to put it in perspective, these girls are so replaceable so quickly that traffickers don't go after them. It's not personal; they are a commodity to them. They sell them and they go get ten more. It's not like in domestic violence where they want that specific person or that specific child because it's theirs, and they want ownership. In human trafficking, women and children are a commodity; they're sold. When you go into a massage parlor and you arrest a bunch of women in a massage parlor, there's ten more coming in on an airplane. 5 So, traffickers don't want these specific children. It's not personal to them; they're a piece of properly. So, I think it's little irrational to think these traffickers are going to be coming to the house after these girls and disturbing the children at the school, or that these children that we have, they are children,they're minors, are going to be disturbing the children. I was hoping Marchelle would put up the picture. We added a privacy fence from the school looking over to the property. You can't even see the facility. You can't even see the children, and our fence is going to be much higher than theirs and it would divide the whole property line because who knows what else could be built in that properly in the future, but there would be a privacy fence the whole way down. So, you couldn't even see one facility to the next. Those children couldn't even see our children. Our children couldn't see their children. The facility will have security. There will be beeps on the doors. People can't come in without being beeped in. There will be a foyer where people have to be beeped in. So, I understand the concern, though I want to make sure it's more realistic. There's not going to be men out there or traffickers out there going after these girls. With all 18 children that we have served this year, no one has ever been taken back or pulled back and they weren't even in a secured facility. They were either in foster care or in their home or places like that. I do understand the fear of what someone thinks because it's a very scary thing. But law enforcement, I just have to say law enforcement, Homeland Security, FBI, they do a great job. And they are at our beck and call, in minutes. They bring someone to Samaritan House who's an adult and if we need them, we do safety planning, and they're in the community and in homes. And they are at our beck and call because we're helping them with a victim that they rescued, and they want that victim to help prosecute in a case against a trafficker. So, they're very close by. So, I just don't see the fear as deeply as they do. And I understand it's their school and their properly and their children, they're trying to protect them. I told them; we would do everything we could to work with them. So, we added that privacy fence. Could we move the properly over to the left a little further towards the church, because the church doesn't mind at all? They wanted to do this project; they want to give back to the community. So, could we move it over to the other side? Absolutely, we want to be good neighbors, we know we're going to be neighbors for a long time. So, whatever we can do to help accommodate with trees and shrubbery and fences and moving of the building, it's going to be costly, but it's not so costly that we can't afford to do that in the project. So, could we put the building closer to the other side?Absolutely, if that would help assuage their fear, we're willing to do that. Mr. Weiner: Okay, thank you, ma'am. Any questions? Yep. George? Mr. Alcaraz: Okay. Ms. Gauthier, how many other safe havens or group homes do you have currently now? Ms. Gauthier: We have no group homes for children. That's why it's a gap. We have 14 homes for adults. So, if it's a child, I think an 18-year-old is still a child. 18 and over, they can come into any of our 14 safe shelters that we have in communities. But if they find a minor under the age of 18, you have to be in a licensed facility, and this will have oversight by Department of Behavioral 6 Health. It'll have a licensing involved and staff will be 24/7,there will never be anyone there without a staff member. So, they have to be there 24/7. Mr. Alcaraz: And you've never had any problems before with any of those safe havens? Ms. Gauthier: No. Mr. Alcaraz: Okay, thank you. Mr. Weiner: Mr. Coston? Mr. Coston: Will the children that you'll be aiding go to school, or will they be there all day? Ms. Gauthier: Some will go to public school, and some will be homeschooled. It really depends on the situation and how deeply they're affected and what their needs are. So, some children who have not been in this situation fora long time and don't have the deeper level of trauma might just go to school and be fine. Others may need to be homeschooled, and so we'll have a classroom there and we have teachers and people to help with homework and things like that. So, we are going either direction, and that has to be approved by your license. Mr. Weiner: Mr. Whitney? Mr. Graham? Turn your mic on, thank you. Mr. Graham: Sorry about that. So, I was a little confused, because at one point I thought staff said that the building couldn't be shifted to the south because maybe it was sewer/ Ms. Gauthier: It is going to be more costly to shift it, because they're going to have to tie into sewer and water further away from the building. But like I told Mrs. Timm yesterday, if that would make her feel more secure to have the building further over. I mean, I have our engineer on call right now, he can answer those questions. It can be shifted; it's just going to be costly. Mr. Graham: Was that because there's not enough fall with the sewer? Or is it because there's more .. Ms. Gauthier: It's further away. Mr. Graham: Because it's further away, so it's just the distancing. So, it's just additional pipe. Okay, so that's not as costly as if there wasn't enough depth or fall. Ms. Gauthier: Correct. Yeah, and the way the building is positioned too I think, well, I'm not sure. I would have to let the engineer speak. He did it in a way--they positioned the site plan in a way to make it easy for building. Mr. Graham: Okay, but you could move it to the south a little bit. 7 Ms. Gauthier: Absolutely, and I told Mrs. Timm that we would work with her. If that would make them feel better and feel safer, we would do that. Mr. Graham: Is there any security? I understand from what you're saying that it's not personal. These people that do the sex trafficking or trafficking of humans, they just go get new ones. I guess there's an endless supply. Ms. Gauthier: Unfortunately. Yeah, unfortunately that's true. Mr. Graham: So, but do you have any security, will you have to have any kind of security there? Ms. Gauthier: We don't feel like a security guard is necessary because the security guards aren't armed. They really can't do much anyway. I mean, calling 911 is probably the best way to deal with it. I guess it's a possibility someone could come to the house, but we don't anticipate that being an issue. And we have so many staff going in and out and case managers and counselors and people that are there and like Homeland Security, they come several days a week to our office because they're interviewing clients, and they're there all the time. And they're very involved with the case generally; either the perpetrator is in jail, or the perpetrator is on their radar, and they're doing an investigation. So, when it comes to a minor being victimized, usually the perpetrators in jail by the time they get rescued and they come to us. So that's another reason why see less of a fear, you know. Mr. Graham: If somebody is coming back, yeah. Ms. Gauthier: Yeah, typically they're in jail. And if you've seen all the prosecutions we've gotten in the last couple of years, since the task force has started,we've gotten many prosecutions where people have gotten 15, 20, even 40 years prison time for the trafficking. Mr. Graham: Gotcha. So where will the kids, the girls, where will they hang out outside? Is there going to be an area where they can hang out? Robin Gauthier: Yeah, with our licensing guidelines, we have to have a recreation room inside, so we have a recreation room inside. And then in the back we have a porch, that's going to be like a screened in sunroom type area. I suppose they'll go outside in the backyard sometimes, but that's not typically going to be part of their day-to-day routine. We will take them on field trips; they're not going to be locked up. They're not the criminals here, they're the victims. So, they're not going to be locked up. We're not going to chase kids down and wrangle them. It's a voluntary program, if they want to be there, they're welcome to stay there. We want to provide services. If they don't want to be there, they can leave. Mr. Graham: So, if they want to leave, they can leave? Ms. Gauthier: They can leave. We're not chasing kids down. And if they're in a situation where there's juvenile justice, then they're going to be in juvenile detention. So, if there's any criminal 8 activity or things regarding them being a runaway or things like that, that's usually how they end up in juvenile detention. So, these are the kids that really need to be rescued. They need a place to go temporarily until Child Protective Services figures out what they're going to do with them or if they're going to return to family or how the situation is going to resolve itself. Really depends on each case. Each case is so very different. Mr. Graham: Yeah. Okay, alright. Thank you very much. Ms. Gauthier: Thank you for your question. Mr. Wall: I've got just a couple. So, you mentioned plane, Is English a second language for some of them? Ms. Gauthier: Most of the sex trafficking that's happening in this area is domestic, only 5% of our cases have been foreign nationals. Mr. Wall: Okay. I'm looking at the site. It's kind of an interesting site because there's a trail, the planned fence is only going to be on one side. Is that correct? Ms. Gauthier: Well, we added that to totally block us from the school,we added that high privacy fence.That's what I was hoping Marchelle would show the picture of what it looks like for a person. They'll only see the very tip of the school;they won't see anything on the property and the children can't see the children. It's a six-foot-high privacy fence along the whole property from the very end. Mr. Wall: Because it looks like there's a paved trail behind the property that parallels the creek in the back. I'm not sure what the traffic is. Ms. Gauthier: Yeah, I don't know. Mr. Wall: Traffic is not the right word, but the pedestrian access back there that goes to the community pool. It connects to the community pool. So, there's certainly public access on the backside. I'm not sure what? Ms. Gauthier: I thought that it was a creek back there. Mr. Wall: There's a creek but you're just looking at the aerial and even on the survey, it shows a paved trail on the backside. Ms. Gauthier: Well, we have no problems putting up a fence there either. If that will make people feel better, we're happy to put up a fence. Mr. Wall: Right, and that's not my point. My point is that the no matter what, there's going to be public access. There's public access right now and there's going to be pedestrians. I'm just 9 pointing that out and I'm sure that the school already is aware of the access back there. There is probably heavier than any kind of activity that's going to be around the school. What about the entrance? Have you talked to the engineer about the location of your driveway?You know, maybe the building might be centered in the property but possibly the entrance on the other side towards the church as opposed to towards the school. Is that a possibility that you've considered? Ms. Gauthier: Yeah, Can they open his mic so that he can answer that? He's on? Joe Buschi? Madam Clerk: Mr. Buschi, if you would wait two to three seconds and then begin your comments. Mr. Buschi: Okay, yes, that is a possibility. We can put the parking lot on the other side of the building. We don't see any problem with that. Typically, when you're locating a parking lot, you want to put it on the side of the building where you're not approaching the building. But there's no problem with doing it on the other side as well. Mr. Wall: Okay, thank you. Mr. Weiner: Any other questions? Mr. Graham? Mr. Graham: Mr. Buschi, can the building shift 25 feet to the south? Let's say you kept the parking on the same side of the building, could you shift the building to the south 25 feet and shift the driveway to the south 25 feet creating a larger buffer between the Montessori School and this project, this building? Mr. Buschi: Yes, we can do that. There's no issue with doing that, like Robin had pointed out, it's just going to be some additional sanitary sewer because where we have to tie in the existing sanitary sewer manhole is near where the property line is being proposed on the north end of the property. But it shouldn't be a problem being able to run the sanitary the additional length to get to that point. Mr. Graham: There's enough room. The depth is okay? The depth? Is he gone? Mr. Buschi: We still have to confirm the depth and we'll do that when we get into the actual design. So, we'll have to confirm that it is deep enough. That hasn't been done yet. Mr. Graham: Alright, thank you. Mr. Snyder: Mr. Graham? Only point that I would like to make? Mr. Weiner: Come up to the microphone, please sir. Mr. Snyder: Excuse me. Yeah, the only point that I would like to say is that when you do shift the building, and if you just move it over 25 feet. I mean, there is one point almost, well, it's actually a little bit less than two acres now, because the Montessori School has actually encroached on 10 • the property that we're buying by 3,500 square feet. And so, as a result of that, We are looking for this to potentially be other uses there. And so, this was not I mean, we are starting off with a 5000 square foot facility and it could be a larger facility at some point in time in the future. So, we do want to preserve as much flexibility as possible for potential further utilization of the property. That's all. Mr. Graham: No problem.Thank you,sir. I was just thinking of trying to get the Montessori School comfortable as well. Ms. Gauthier: Yeah, I mean, we could put administrative offices back there, you know, in the future there may not be more client services, the future maybe administrative offices back there. So, we even have more oversight. So, we could potentially have three buildings there. But if we center that and put it in a location that we can't build other buildings, that would restrict us from being able to use the full 1.9 acres. So Mr. Weiner: Thank you ma'am. Thank you. Alright, any more speakers? Madam Clerk: No more speakers. Mr. Weiner: Ma'am, I'm sorry. We have a procedure, and we all had our time to talk. Okay. Mrs. Klein?Well, hold on a second, Mr. Inman over here wants to start off here if you don't mind. Okay. We're going to close this out and open up to us for discussion. Mr. Inman? Mr. Inman: Thank you, Mr.Weiner. I just want to say I come to this with an interesting perspective, having served 30 years on the Board of Seton Youth Shelters, which is the facility I think Robin was referring to probably, that has some experience with sex trafficking situations. Seton Youth Shelters for those of you don't know, is a home for runaway and throw away children. So, I'm familiar with the fact that we have in that facility have housed girls that have been subject to sex trafficking. Not only that, we have two shelters: one's a boy's shelter, one's a girl shelter. So, the history of this is really, I think, very telling in terms of how this goes. When Seton Youth Shelters was started,we had just girls and we were on a site of a church,the St. Nicholas Catholic Church in Kings Grant. And frankly, that went very well. We didn't have any trouble with the neighbors or neighborhood or children going to Sunday school being interfered with by our residents. Again, we are a licensed facility. We all have staff there 24/7. And then came a time when we wanted to allowed the first shelter established for girls. The second shelter was established in the late 90s for boys, and we were blessed by having a site at the St. Aidans Episcopal Church that had offered us a site similar to this situation. It was a parcel on their church site, which they really weren't using, didn't have any plans for and they allowed us to build a shelter there, on the corner of Kings Grant road and Edinburgh Drive. It's there now. Due to objections from neighbors, I was persuaded at that time by a city council person to please move the girls to that new shelter, because that might alleviate the concerns of the neighbors about having such a shelter close to them. We did that. And the interesting thing was a lot of the 11 people that were objecting, when they were told that there was a boy's shelter a half a mile up the road, they had no idea; never heard anything bad about that. So, we now have been there since 1998. And truly of course, in recent years, the sex trafficking problem has grown and we didn't have that much sex trafficking victims in our facility until maybe four or five years ago. But we have and we've not experienced anything where we had people, certainly in the building,trying to make contact with these young people that were being housed for us. Now we're only 90-day facility, so we need this. We need this. It's a great opportunity that Samaritan House is offering to do this. I don't think it poses any risk that the fears that people have, we actually had people come to a hearing on the girl's shelter asking if we were going to put bars on the windows to keep them in. We said no, they want to be there. They came here, they want help. If they want to leave, they can leave but they really need help. They want help and they're not going to need having any bars on the windows. So, that's what we have going here, you know, we have victims that want help and are thankful for it, I'm sure. And moving this building over 25-50 feet, I don't think that's going to do a thing to alleviate the concern that these folks have, they've expressed an extraordinary concern about their property. I'm hoping that I'm telling the story is helping them to understand that the risk that they fear is not, in my experience, real. The impact on their property values and so forth. But I would hate to see you having to sacrifice any money to moving the house for purposes of a buffer even, a greater buffer, bearing in mind that the offer that has been made and will be committed to I'm sure by Samaritan House to put up a fence, the shrubbery and so forth to create as much of a barrier and visual barrier and physical barrier, as could be desired. So, I don't see anything wrong with the application. Mr. Weiner: Thank you. Mrs. Klein? Ms. Klein: I have to read something first. Pursuant to the State and Local Government Conflicts of Interest Act I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion on Vote Number 7; Robin Gauthier and the Catholic Diocese of Virginia, 1593 Lynnhaven Parkway, Virginia Beach, Virginia. This property is located in the Green Run Homes community. I also reside in the Green Run Homes community and am on the Homeowner's Association Board for the community located at 1248 Green Garden Circle, Virginia Beach, Virginia. I've been informed by the City Attorney's Office that I have no personal or financial conflict and can vote on this application. Therefore, I will participate in the vote or discussion of this matter at today's meeting. So that being said, the bulk of my career has been spent in family violence and child abuse. I can tell you that those are the hardest facilities to get into from a security standpoint with their locked doors when they don't have a security officer. I can't even pick up my son from childcare without a photo ID and they know me. So, I believe the Samaritan House team when they say that this is going to be a secure facility and that only known people will be able to be led in. Through my work 12 with the Child Advocacy Center at CHKD and in family violence, I can't stress the importance of having this in the community. I have worked at community-based facilities such as this, and so I absolutely appreciate the concerns of Courthouse Montessori. In my experience, they are typically unfounded. And like Mike said, most people don't even know that they exist if they're in a row -- in like a set of row homes. I'm grateful to the Samaritan House for taking the responsibility. Robin came to a board meeting and answered any questions that came up among the Green Run Board because we will be working in tandem with them. And they have the board's full support moving forward, and so I will absolutely be voting in favor of this application. Mr. Weiner: Alright. Mr. Coston? Mr. Coston: During my service in the fire department, I had the pleasure of inspecting the two places that Mr. Inman spoke of as well as the Judeo-Christian Outreach over on 13th or 14th Street, another place on Lynnhaven Parkway, all over the City and I've never seen any of those types of problems that we are fearing here today. They're all well run by professional staff. Even when the kids were wayward, the staff was adequate for the situations that they had to deal with. So, I'll be supporting that as well. Mr. Weiner: Good. Jack? Mr. Wall: I feel this is very low intensity use. There's low risk due to impacts, the neighbors fully are further mitigated by landscaping and fence, so I'm going to be in support of this application also. Mr. Weiner: Alright. Anyone else? No motion? Ms. Klein? Ms. Klein: I move to approve the application for Robin Gauthier and the Catholic Diocese of Richmond. Mr. Weiner: We have a motion by Mrs. Klein, do we have a second? Seconded by Mr. Inman, we are ready to vote. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? 13 Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: By a recorded vote of nine in favor, zero against, Agenda Item Number 7 has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE • Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN —THE HALLOW SAMARITAN 14 HOUSE", prepared by Draper Aden Associates, dated 12/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE", prepared by Cox Kliewer& Company, P.C., dated January 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 15 (4:14:P/."‘ r7PbeS 'N.)1 HOMES ASSOCIATION April 6, 2021 Robin Gauthier 2620 Southern Blvd Virginia Beach, VA 23452 Dear Ms. Gauthier, At the February 23, 2021 meeting of the Green Run Board of Directors the Board voted to approve your request for the new Samaritan House project the Hallows. Please note, the property is subject to recorded restrictive covenants to which affects all property owners in Green Run which should be reviewed by you prior to you acquisition of the property. We appreciate your informative presentation and we are excited about this project and look forward to it it's completion. If you have any questions, please contact Heidi Daniels, Association Manager for Green Run at 757-427-2600 or via email at hdanielsgreenrun.orc. Sincerely, Dean Densmore, President For the Board of Directors March 24, 2021 To the Virginia Beach Planning Commission, This letter is intended to be a Letter of Support for the sale of a portion of the Church of the Holy Apostles' property for the intended use of building a residential home to support victims of human trafficking in the Hampton Roads area. When the church's Executive Committee received its first briefing on the project in September 2019, the committee was fully onboard. This briefing was followed with presentations to our Vestry Council in October 2019 and to our entire community in early November 2019. In each case, the proposal received unanimous approval. Because the Holy Apostles' property is actually jointly owned by the Catholic Diocese of Richmond and the Episcopal Diocese of Southern Virginia, Holy Apostles' support was forwarded to each diocese and has received their approval. The mission of this program is in keeping with the Christian message each denomination attempts to live by—support of the victims of oppression. Our Holy Apostles' community remains committed to doing what it can to have this important project become a reality. It is our hope the Planning Commission will see fit to approve this essential effort for our greater Hampton Roads community. Sincerely, Rev. Mr. Gary Harmeyer Senior Pastoral Associate 09£ 00£ OtZ 096 OZL 090£ 0 a�siyaniaa 101 6ui��ed lead 6uiplin8 6u!uoZ ni s al!duinl ell!Ma4ua3 1,Z 1-Z suo6Alod ApodoJd `y,-`" Oil `Z sape3se3 SWdB a}!S N -.1',____44 ---- __,------- 6 a0 dal-- ill \\\\ ‘ ' I; 2 \ > --- to �----%-A-00*etl ----' ' ii (_„, Cr i -3 > ----- ---' M. '� ?I.%) � > C v/yam � .i ' O 1II, . ,k_ir.'\_ 110\iii c \ �, 1 'Q- • ` m�- 1�8 0 1 E •__ c\c,\,,c) iz 49,\ '-'111". "9.. A ---' >Id 0 ,_____,),,,,c3. t /1, / _,.,,,,,-.;.----\.; \\ _,, d \ d7/711 '°'. . _ \ aqua► --' ��• � a� 0 `(14V) Z.Had .J °� ad 0 44 Q o ot#,„ , i . U 10. ti O Iu eF',.,._...x, ,<� .....,„ ..ram ;si ii CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BPMS CASCADES 2, LLC [Applicant & Property Owner] Conditional Use Permit (Mini-Warehouse) for the property located at 2121 Centerville Turnpike (GPIN 1454985427). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: June 15, 2021 • Background: The applicant is requesting a Conditional Use Permit for a Mini-Warehouse on this B-4 Mixed Use District zoned parcel. The climate-controlled facility is designed to appear more like an office building rather than a traditional mini warehouse The proposed 76,290 square foot, three-story building will have an exterior of a mix of manufactured stone veneer, brick veneer, smooth finished insulated metal panel veneer, and a standing seam metal roof in a neutral color palette. • Considerations: In Staff's view and the Planning Commission concurred, the development is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area as the use is compatible with surrounding uses and will provide a service to the surrounding businesses and residences. The applicant is seeking a deviation to the required 35-foot front yard setback to 15 feet. This reduced setback will align the proposed development with the adjacent buildings and will create a desirable streetscape along this portion of Centerville Turnpike. In addition, the setback will not affect the future Centerville Turnpike alignment as planned with the Phase 3 CIP roadway project. The preliminary stormwater analysis that was submitted to the Development Services Center was determined to have the potential to successfully comply with the stormwater regulations for this site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On May 12, 2021, the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 8-0. 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "STORAGE BUILDING — CASCADES OUTPARCEL — BPMS Cascades 2, LLC Page 2 of 2 Virginia Beach, VA", prepared by Timmons Group, dated March 25, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A 15-foot front yard setback is proposed for this site. This is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 3. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "CASCADES SELF STORAGE", prepared by GMF + Associates, dated 4/13/2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:( Applicant& Property Owner BPMS Cascades 2, LLC Agenda Item Public Hearing May 12, 2021 City Council Election District Centerville 4 City of Virginia Beach Request Conditional Use Permit (Mini-Warehouse) Staff Recommendation Approval .id i Nt Staff Planner ::c: icolemall ion £ 41 0 10 2121 Centerville Turnpike .4 rii ..•• GPIN .., . ' Illllie01111M' 104 -X--.- 1454985427 v Site Size ,I .AL 14. A 1.10 acres ... AICUZ Less than 65 dB DNL Watershed 4 • Southern Rivers Existing Land Use and Zoning District , - .. Vacant, parking lot/B-4 Mixed Use f''► -\,,, •4 r , "-iv Surrounding Land Uses and Zoning Districts orkft' + "a r •y r ,_� •�, North - ` 'm`� oo ''w . Multi-family/B-4 Mixed Use .gv-,,it . ;; .. .r F ' South .3 sa Mixed use residential, retail/B-4 Mixed Use I a�' 1 ' East + �`', ik i Centerville Turnpike r Multi-family dwellings,gas station with convenience store/PD-H2 Planned Unit • ilik\- Development(A-24 Overlay), B-2 Business West # _- • - I Multi-family dwellings/B-4 Mixed Use "� �,,. - '• ,.;, , ,rim BPMS Cascades 2, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Mini-Warehouse in order to construct a 76,290 square foot indoor self-storage facility on this B-4 Mixed Use District zoned parcel.A portion of the property contains a parking lot and undeveloped area. • The proposed building will be a climate controlled building within a 25,430 square foot print.The three-story mini- warehouse building will have a total floor area of 76,290 square feet with a height of 43 feet.The facade will consist of a neutral color palette with a mix of manufactured stone veneer, brick veneer,smooth finished insulated metal panel veneer, and a standing seam metal roof. • Per the Zoning Ordinance,one space per employee on the maximum working shift is required.This on-site parking requirement is met, providing the required three parking spaces. • The applicant is seeking a deviation to the required 35-foot front yard setback.A 15-foot front yard setback is proposed that will align the proposed developed with the adjacent buildings along Centerville Turnpike.The applicant is requesting that this deficiency be addressed through the provisions of Section 221(i)of the Zoning ordinance,which allows City Council to grant deviations from required setbacks if"for good caused shown upon a finding that there will be no significant detrimental effects on surrounding properties. • Customer access into the building will be between the hours of 6:00 a.m.to 9:00 p.m.,and the office operating hours will be from 9:00 a.m.to 6:00 p.m., seven days a week,with up to three employees on site. =-- 'Fw"' ` -- ' °\ \--� =l� » a -zs Zoning History so , , � # Request ,; =� y C 1 MOD(Proffers)Approved 09/11/2012 ��\ \ 3 _ MOD(Proffers)Approved 02/12/2008 (— ` \ \\Po-H.,1A,zr „a. 2 ' CRZ(B-2 to Conditional B-4)Approved 12/12/2006 wow*** c. ' \ M 2 CUP(Automobile Service Station,Car Wash)Approved \ \ r — 12/13/2016 x / 3 CRZ(B-2 to Conditional PD-H2(A-24 Overlay))Approved ' 9/24/2013 { s SVR(Public ROWs)Approved 9/24/2013 1- t CRZ(B-2 to Conditional A-24 Overlay)Approved 1— 3/10/2009 CUP(Fuel Sales with Convenience Store&Multi-family v\ y..�' r•,ry _i s Dwellings)Approved 3/10/2009 ';, ',_ .,:- ---1 "''1. Q -. r CUP(Outdoor Recreation)Approved 1/25/1994 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for a Mini-Warehouse, in Staff's opinion, is acceptable.The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development.The development of this site is compatible to the existing development around it.The proposed storage facility is surrounded by both commercial and residential uses and provides a service to the surrounding businesses and residences. It is anticipated that the development of this site will have minimal impacts on the adjacent properties. BPMS Cascades 2, LLC Agenda Item 4 Page 2 As required by the City Zoning Ordinance,the front yard setback in this zoning district is 35-feet from the property line. However, in order to provide an urban style of development consistent with the existing development,the developer designed the project to be closer to the street and aligned with the adjacent building to the south. Staff is supportive of the reduced setback as the proposed building will be setback 15 feet from the future Centerville Turnpike alignment as planned with the Phase 3 CIP roadway project.The setback requirements were also discussed with Dominion Energy who determined that the proposed 15-foot setback from the proposed right-of-way will provide sufficient area for a future distribution line.Staff believes that the request to deviate from the 35-foot front yard setback to a 15-foot front yard setback is warranted,as it aligns with the adjacent building,contributes to the continuation of the pedestrian-scale for development along this portion of Centerville Turnpike, and will not interfere with the Centerville Turnpike Phase 3 roadway project or Dominion Energy's utilities. There is shared parking between the existing apartment, retail,and the proposed self-storage.The site is currently over- parked with 531 parking spaces. With the construction of the Mini-Warehouse building,the parking will be eliminated by 34 parking spaces, providing a total of 497 parking spaces. The site will still meet the required 497 parking spaces, based on the following breakdown of parking on site: existing retail (21,305 sq.ft) requires 86 parking spaces, residential parking(first 50) requires 100 parking spaces,the additional residential parking(176) requires 308 parking spaces, and the maximum number of employee's on the peak shift for the self-storage will require three parking spaces. While both Lynnhaven Parkway and Centerville Turnpike in the vicinity of this application are under capacity,the development of this site with a self-storage facility will result in a decrease in traffic generation as compared to a typical mixed use development that contains both commercial/office and residential uses. As recommended by Staff,the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC)outlining the proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations,Staff recommends approval of the application,subject to the conditions listed below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "STORAGE BUILDING—CASCADES OUTPARCEL—Virginia Beach,VA", prepared by Timmons Group, dated March 25, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. A 15-foot front yard setback is proposed for this site.This is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 3. The exterior of the proposed buildings shall substantially adhere in appearance,size, materials to the submitted elevations entitled "CASCADES SELF STORAGE", prepared by GMF+Associates,dated 4/13/2020,which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning&Community Development. 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. 5. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any signage. BPMS Cascades 2, LLC Agenda Item 4 Page 3 6. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected,shaded,and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 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. Stormwater Impacts Project Stormwater Design Staff Summary The project site is divided into two(2) main drainage areas with the majority of the proposed self-storage project designed to convey stormwater runoff to a proposed stormwater management facility(SWMF) before flowing to the existing drainage system for the Cascades Apartments.The proposed system will tie into the existing apartment stormwater drainage infrastructure with no changes proposed or needed to the existing storm sewer(public or private). The 0.3 acres of the site that currently directs drainage directly toward the right-of-way in the predevelopment condition has been reduced to 0.13 acres post development. The SWMF proposed is an underground storage system to be installed under the proposed parking area.The SWMF will be installed about 4 feet below the existing grade and will allow for adequate space to install the parking pavement section above the system without the need to elevate or increase the final grade of the site. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5'of sea-level rise(SLR)as required. Based on the information provided by Timmons Group Services in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Final design and detailed updates will be made during site plan submittal. Additional detailed project stormwater information is listed below. Project Information Total project area: 1.24 Acres Pre-Development impervious area:0.59 Acres Post-Development impervious area:0.91 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model:Yes Does the analysis incorporate into design increased rainfall amounts(NOAA plus 20%)and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Underground storage system Total storage volume provided in proposed stormwater management facility: 10,436 cubic feet BPMS Cascades 2, LLC Agenda Item 4 Page 4 Description of outfall: Runoff leaves the site in two directions. Stormwater from the underground storage system will connect into the existing drainage system for the Cascades Apartments, which then connects to the Centerville Turnpike storm sewer system. A small area will continue to sheet flow directly to the Centerville Turnpike right-of-way storm sewer system. Downstream conveyance path:The Centerville Turnpike storm sewer system drains south across the Chesapeake border into Stumpy Lake, and then to the North Landing River. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 0.86 lb/yr Method of treatment proposed:All water quality treatment is proposed to be provided through the purchase of nutrient credits from offsite nutrient banks. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection: Attenuation of peak flow rates with reduction in hydraulic grade line (water surface elevation)for 10- year and 100-year storms (including 1.5' SLR) in evaluated structures downstream of project site. 100-Year storm evaluation:Stormwater modeling demonstrates project meets requirement of no increase (0.00' increase) in water surface elevation to any existing flooded areas. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed structures will not be inundated with stormwater during 100-year(including 1.5' SLR) storm event. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no known natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 18,500 ADT1 22,800 ADT 1(LOS a"D") Existing Land Use 2—770 ADT 1 1 a Proposed Land Use 3-115 ADT Centerville Turnpike 17,500 ADT 15,000 ADT (LOS D") 1 Average Daily Trips 2 as defined by a B-4 Mixed Use 3 as defined by a self-storage a LOS=Level of Service District use facility BPMS Cascades 2, LLC Agenda Item 4 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Parkway, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The MTP proposes a four-lane facility within a 110-foot right-of-way. Centerville Turnpike, in the vicinity of this application, is considered a two-lane undivided minor suburban arterial. The MTP proposes a six-lane facility within a 150-foot right-of-way. A CIP project is slated for this area. Centerville Parkway Phase III (CIP 2.419) is for construction of a four-lane divided highway within a 145-foot right-of-way from Kempsville Road to Chesapeake City line. The project will also include full improvements along Centerville Turnpike at the Lynnhaven Parkway intersection. Currently,this project is fully funded and is scheduled to begin construction in late 2023. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water transmission main along Centerville Turnpike. Sewer City gravity sewer is not directly available. In 2008, Public Utilities approved sharing of private sanitary sewer between the subject parcel and the adjacent parcel to the west addressed 5705 Lynnhaven Parkway(GPIN 1454-98-1390). Connection to city gravity sewer in Monument Drive can be made via connection to the private sewer system currently serving the adjacent development. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 25, 2021 and May 2, 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 April 26, 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 May 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28, 2021. BPMS Cascades 2, LLC Agenda Item 4 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 June 11, 2021. BPMS Cascades 2, LLC Agenda Item 4 Page 7 Proposed Site Layout ((JJ pWW °' a1 b 0 N a Z m m w W a G =C J a O LW O .11 a h w ¢a rc n ! ig o f < o 6W 0 a U o a % w w a 2 Lk,. SW, wo8 g^a< • Z w "' W Q LLJa¢ C¢ "�<OYN 1 ¢Oqqi ¢ 0 0 ' W d g.'awwy>��W:Llww3yy�� R40Os� E c ; Ti w Y F WW g E< aaLt EEn'g.N OS2-c°' 5#2. SOWNRi/JN !c i i j K < XX F gl Q W>w ti p 2 2 g} 74,N C.N Y R K W.. N 6 W N <FF s a U N < O Z a LL N 4t Ngg 8 NON V b0 Uw a6t!si i g gb Et LL .wg 7O h g h va Va L vg$ntebb .470 2 r n...M .. w xV w I 4 'i W iY K .I J O !. 0 'g 'f¢iii f a i ONs <1, z 1 z, 0 O ItIo2w '4,-°�«� i i g 2; O, O V g.- LL J z z z M K y W Z K p ci a -T>r„ G O Q 0 3,O�pp Y. X Y P<q !n-r W N 2 Z Z�G C ul m m g f+ �,. �0 0 N JV1 Z J `s��2NfA¢ a a 4 ai, N 4 `K E 0 t u R w R v ,``E gt co C GE H S 4 a ILI 61 UN Ids a. ii'6 O �M E ;.W alI a�" W i x • CI N 'ill � • U ° 0R ) Q s.° _ z z 0 �°e S. - _ J a ip W < y- et U CO, o O BPMS Cascades 2, LLC Agenda Item 4 Page 8 Proposed Building Renderings - 9- (, I I 1 �I IW .„. , 1 , 1 I • W iu g 1_ NO Ii 0 Pal g -' / Cn I I fItl i, , . 'v 1 ; 1 ; A' _ - , , C_ *- ,1 1 I *ss ri 11 II � , \ kt:' .*, 1 Nl! i � � i . i IL 14 ' / I r I � I 1 BPMS Cascades 2, LLC Agenda Item 4 Page 9 Proposed Building Renderings .... _ 1.1 �i ri., G CS1 1 i 1 , AI • ,_ d d pr.4 ''''4 8 1* .°. - , 4 i Hf g A°a z I I h' a ,_____. I ..__-_-_--- \ , p t BPMS Cascades 2, LLC Agenda Item 4 Page 10 Proposed Building Renderings ti' I. - ' l • W ti 4 11 ; i $ a1 1.,iil i *nit f' ' Crl c... /y^�..i,\4.,,, ,,,,„, .,,,,, ,i, ---, , , ,- E-- y}I Y FT 1-1 14 ', r ;. _ , 1., „ ' "":,„' '.41 ' :fk-':'1. \\I '' - - 18 1 • t� g.F I i s { 1 r ` - °if tir ti :r ' A g' e ll' e xd "- / j — r � 11.1 1. a.. r" T. . - o _ '# r --_ ! '..1 rt4,414 . § (tI i1=a f 71 4. • ... It, .:, , , „.. t _ -::::, ., .._ " t . .. 1 ,_ 1 ' BPMS Cascades 2, LLC Agenda Item 4 Page 11 Site Photos I. it' l ii T , , r �= r.r -<- W. — '416. - 0 a . i s i- F -. _+ ...,„,,*. 4/ ' aJ: P't, 1 r p 'J".u 2 j 1 d t 1511 .„.. 1 0 s a.ow �Y t _ _, ► �r ' r� .�+ram y , r .�-, deism lt� x' 41ptSk (r ! BPMS Cascades 2, LLC Agenda Item 4 Page 12 Site Photos ' 't. . t- '9,- ,, ' 'iv , vb:,,,i . , . ,.....,,t...,z,t,N1,41 likR, ,900, _. , W. 1r - ter! ws lll `! `7 ,.• „ ` ,- _ , � v. fir. t' i 1, , arv-< _ - "' y ..`► . t ^ , . .. .:),....‘ ,...,..: _ „, , :„...,,, .4 , . ef,k, ,..,--,,,.c: ..:-A.--,„s, ., BPMS Cascades 2, LLC Agenda Item 4 Page 13 Disclosure Statement APPLICANT'S NAME BPMS Cascades 2, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE n,,,, ; Page 1 of 7 CHANGES AS of 5/26/2021 MLC✓/i�G � ',iSIONS 5U5M TIED BPMS Cascades 2, LLC Agenda Item 4 Page 14 Disclosure Statement Virginia Reach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:BPMS Cascades 2, LLC If an LLC, list all member's names: Members: Lillel Farms, Inc.; BWF Cascades,LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) Lillel Farms, Inc.; BWF Cascades, LLC See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Same as Applicant. If an LLC, list the member's names: Page 2 of 7 BPMS Cascades 2, LLC Agenda Item 4 Page 15 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 BPMS Cascades 2, LLC Agenda Item 4 Page 16 Disclosure Statement APPLICANT Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ GMF+ASSOCIATES u Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Timmons Group Financing(include current Ig mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X ❑ Legal Services Troutman Sanders LLP Real Estate Brokers/ — Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development , contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page 4 of 7 BPMS Cascades 2, LLC Agenda Item 4 Page 17 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appl icattiory l/v wih� kin-tail I 1/ k4-0 ARLfCAN S SIG ATURE PRINT NAME DATE Page 5 of 7 BPMS Cascades 2, LLC Agenda Item 4 Page 18 Disclosure Statement Conditional Use Permit Application of BPMS Cascades 2,LLC Supplemental Ow ner/Applicant disclosure Information Owner/Applicant: BPMS Cascades 2,LLC Members of BPMS Cascades 2,1,LC: Lille)Farms.Inc. BWF Cascades.LLC. Manager of BPMS Cascades 2.LLC: Bonaventure Advisors.LLC Managing(and Sole)Member of Bonaventure Advisors.LLC: Bonaventure Realty Group.TIC Managing(and Sole)Member of Bonaventure Realty Group. I.I.C: Dwight D. Dunton.Ill 42098767‘-1 BPMS Cascades 2, LLC Agenda Item 4 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BPMS Cascades 2, LLC Agenda Item 4 Page 20 Item #4 BPMS Cascades 2, LLC [Applicant & Property Owner] Conditional Use Permit (Mini-Warehouse) 2121 Centerville Turnpike May 12, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr.Wall: Thank you. Okay. Thank you, Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred. There are no speakers signed up in opposition. We have four items on the consent agenda today. The first item is agenda item number one by which is going to be presented by city staff. Mr. Kemp: Good afternoon Chairman, Commission. For the record, my name is Kevin Kemp; I am the Zoning Administrator here in Virginia Beach. Item one is an ordinance amendment which modifies the Zoning Ordinance in regards to the sign regulations, particularly making them content neutral and in line with some current court decisions that have been made. What this ordinance does is first changes the regulations for billboards; our current ordinance regulates billboards based on their content.And what I mean by content is a billboard is an offsite sign advertising something not on that site. Well to know if you're advertising something on the site or off the site, you have to read the billboard therefore making it content based. So what this ordinance does is, it makes all outdoor advertising signs,takes billboards out, and any sign is permitted on the site as a free standing sign, but that sign is held to the dimensional standards of what is normally allowed in that Zoning District for freestanding signs. So billboards are not their own use. The second thing that this ordinance does is it removes the Zoning Administrators ability to modify non- conforming signs where in the past if an applicant wished to take non-conforming sign and alter it to make it better, there was an administrative process through my office that that could be done. This now puts that process only by City Council approval. The last thing in the ordinance is in regards to electronic signs and these would only be permitted in two instances. The first are for major entertainment venues. These are venues such as The Aquarium that require City Council approval and therefore City Council would dictate the number of electronic signs and the size and the second instance is for fuel prices.And these would be allowed only on properties that dispense fuel and they would be limited to one sign. Are there any questions? Mr. Weiner: Thank you. Mr. Kemp: Thank you Commission. 1 Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Okay. The next item on the consent agenda is item number - agenda item number four. Is there a representative for this item? Mr. Beaman: Mr. Vice Chair, Members of the Commission for the record, my name is Rob Beaman. I'm a local land use attorney at the Troutman Pepper Law Firm here today on behalf of the applicant for agenda item number four, we've had a chance to read the conditions, they are acceptable and we appreciate being on the consent agenda. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Ms. Klein to read this into the record. Ms. Klein: The applicant is requesting a Conditional Use Permit for a mini warehouse in order to construct a 25,000 square foot indoor self storage facility on this B4 mixed district zoned parcel. A portion of the property contains a parking lot and undeveloped area. The proposed building will be a climate controlled three story mini warehouse building with the total height of 43 feet and it matches the surrounding area. The applicant is seeking a deviation to the required 35 foot front yard setback which staff approves. Based on the consideration staff recommends approval of the application subject to the conditions and the Planning Commission concurs. Mr. Wall: Thank you. The next item on the consent agenda is item number nine. Is there a representative for this item? Okay, seeing none. Is there any opposition for this item to be on the consent agenda? Hearing none. We've asked Mr. Redmond to read this into the record. Mr. Redmond: Excuse me. Thank you, Mr. Wall. This is an application for a Conditional Use Permit for a family daycare home at 1105 Voss Court. The applicant is requesting the CUP for a daycare facility of up to 12 children within this single family dwelling. It's a 7500 square foot parcel and seems to be very well organized and laid out for this particular use. The applicant has 22 years of experience caring for children. Staff sees no reason why it should be denied. Planning Commission sees no reason why it should be denied and we therefore place it on consent. Thank you, Mr. Wall. Mr. Wall: Thank you. The next item on the consent agenda is item number 10. Is there a representative for this item? Okay. Madam Clerk: Mr. Wall there is, she had signed, Diana Buhrmann had signed up virtually, but she is not online. So is Diana Buhrmann here? 2 Mr. Wall: Okay. Is there any opposition for this to be on the consent agenda? Okay, hearing none, we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you, Mr. Wall. The applicant is requesting a Conditional Use Permit for a family daycare home to care for up to 12 children within a single family dwelling. The 5401 square foot parcel is zoned PD-H1 planned unit development and is located in the Magic Hollow neighborhood at 998 Boughton Way in the Rose Hall District. This request for a Conditional Use Permit in staffs opinion is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff finds the property to be well organized and well kept; successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. For these reasons, staff recommends approval and Planning Commission agrees with this recommendation. Therefore we have placed it on the consent agenda. Mr. Wall: Thank you, Mr. Graham. So that ends the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permit for Short-Term Rental on the consent agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition and that includes agenda items number 15, 17 and 20.Those were the last items on the consent agenda. I move for approval of agenda items 1, 4, 9, 10, 15, 17, and 20. We have a motion. Do we have a second? Ms. Klein: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Ms. Klein. Mr. Redmond: Mr. Chairman. Mr. Weiner: I'm sorry. Go ahead. That's right. Mr. Redmond: Number one, I am abstaining on agenda item number 8, for the same reason as before, there's work colleague of mine who is a member of the partnership that owns this property and so that's just too close for comfort. I also am abstaining on all of the short-term rental applications. I have a letter on file with the City Attorney's Office, I have a client who's in the travel industry, and that too, is too close for comfort. So I do not vote on short-term rental applications or ordinances. Thank you. Ms. Wilson: Mr. Graham? Mr. Weiner: Anybody else? 3 Ms. Wilson: You have a letter on file saying that you will abstain from all short-term rental applications, has that changed? Mr. Graham: Yes, ma'am that has been withdrawn. Ms. Wilson: Okay. And you will now vote on those applications? Mr. Graham: That is correct. I do not have a conflict. Ms. Wilson: Thank you. Mr. Weiner: Thank you. Ready to vote? Madam Clerk: Yes, sir. Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent Mr. Inman is absent. Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond? Mr. Redmond:Aye. Madam Clerk: Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. 4 Madam Clerk: By recorded vote of eight in favor and zero against agenda items 1, 4, 9, and 10 have been approved. Agenda items 15, 17 and 20 by recorded vote of seven in favor, zero against with one abstention have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner ! AYE CONDITIONS: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "STORAGE BUILDING — CASCADES OUTPARCEL —Virginia Beach, VA", prepared by Timmons Group, dated March 25, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A 15-foot front yard setback is proposed for this site. This is a deviation to the 35-foot front yard setback required by the City Zoning Ordinance. 3. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "CASCADES SELF STORAGE", prepared by GMF + Associates, dated 4/13/2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any signage. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 5 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. 6 009 00g 00i7 00£ 00Z 00105 0 alsiy an pa }off 6uPlJed ;aad 6u!plin8 r 1 6uiuoZ I] s peoN aioysauoi.S 96££ suo6�(,od �(pado�d oil o HS /// :,��y� `snduae a��s i m - . �` /104,0%;\\, ' i � 1 Z, -d 'Had �� oN O Itt _. % ....i. 77: \;iiiirc .\\ f►- e, ZO . \ , Z9/ 7) ___ '. . ... .../.__...„ ,\\'„- : °,\ ,,,- 9‘_1:111H:dlirV ' . . zi,sv \_-Z--ktf---.7,--14= r , ,,, ,k.,.-„, 0 ,,, crit. ,,,,,_,_,, ,, „L., ,,.„,,,,7 p_.,,,,,,,0_,,, _____.„ 6,,,,,,,, ,,...,,:yiu.„..„,m. 1:3:_i_c,_ \ , Ilit ‘%111 -O41- -- k -411-- --AlAttV \�� i�� o. �e�� .-��� O`,af (is/ s �ne. tilllirV PO ., �0.!!,1 \ .� .jr \\ � .yart, !i \\, , � ..,, o,e, .. ': . - ' \ \ __,Q, `20/ /• ;���,�, � � � : ♦rah• 4� O �.� � `♦fir\ `.W4. %'s - 'ir.s. 0 Z.kV _ <2. �, z>�' �i� o Z W d\ C2 ..- RI / OF w� p,%4 l. 0v v;�`,� , /Z IN ,, ".40\ itt! On --- -- „ �v ���� K\,,,, ��� ,, ‘\\ Z,EI, :\) . - �, o Oas ki- ld! to.,Q1� oo �' ,\ - =I• •I!ice 0/y \ pp . ' c-\\ ,��-III ►-�- , .�� . 1iT4S .�_ (1! 4S, t;•.: z CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SH CAMPUS, LLC [Applicant] ST. LUKE'S UNITED METHODIST CHURCH [Property Owner] Conditional Use Permit(Group Home for up to 20 children) for the property located at 3396 Stoneshore Road (GPIN 1486822513). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 15, 2021 • Background: The applicant seeks to relocate the Group Home, Seton House, from the Kings Grant Neighborhood to this 3.91-acre parcel for a centralized campus location. For the past 36 years, Seton House has provided mentoring, counseling, education programs, and a safe and secure home for youth between the ages of 9 and 18 years old that are homeless, runaway, trafficked, disconnected, and at-risk. in Virginia Beach. The Group Home will operate 24 hours a day, seven days a week to provide care for up to 20 children with up to 12 staff members rotating during normal business hours and with two to four staff members staying overnight. The subject property is zoned A-12 Apartment District and B-2 Community Business District. The existing church building will provide temporary shelter for the boys while the two new 6,000 square foot shelters and 5,000 square foot administration building are being constructed. The proposed buildings and parking area are located within property zoned A-12 Apartment District while the proposed stormwater management facility will be located within property zoned B-2 Community Business District. • Considerations: The Group Home will provide much needed and valuable service to the community. The scale and design of the proposed buildings are compatible with surrounding residential and commercial uses. The proposed privacy fence and landscape buffer along the eastern property line will screen the use from abutting residentially zoned properties. The proposed 35 parking spaces exceed the need for this use with 12 employees and limited visitors. The property falls within the 65-70 dB DNL and Sub-Area 3 of the Air Installations Compatible Use Zones (AICUZ). As a matter of right, on the portion of the property zoned A-12 Apartment District, up to 34 multi-family dwelling units could be constructed. The Joint City-Navy Review Process Group (JRP) met on March 17, 2021 , to review the request and found the proposal for a Group Home with up to 24 beds to be an acceptable density for this property. SH Campus, LLC Page 2 of 3 In Staff's view, and the Planning Commission concurs, the Group Home will not change the character of the neighborhood and will not adversely affect the surrounding properties. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The applicant provided letters to the adjacent property owners informing them their project proposal. At the Planning Commission public hearing, one of the adjacent property owners spoke in opposition, noting concern with introducing troubled youth into their neighborhood. • Recommendation: On May 12, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1 . When the site is redeveloped, it shall be in substantial conformance within the submitted conceptual site layout exhibit entitled, "Conceptual Site Layout Plan of Seton House", prepared by Orbis Landscape Architecture, dated April 7, 2021 , which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the site is redeveloped, the exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Seton House Addition", prepared by DA, dated April 21, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. Plantings along the property line adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8) feet. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The number of beds utilizes for the Group Home shall not exceed twenty-four (24) and the number of children shall not exceed twenty (20). SH Campus, LLC Page 3of3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: ,-) Applicant SH Campus, LLC Agenda Item Property Owner St. Luke's United Methodist Church Planning Commission Public Hearing May 12, 2021 7 c.,(4 City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Group Home) Staff Recommendation ' ' Approval Staff Planner i . 4 %Ali, N Hoa N. Dao \ s Location IiiiiiP , c 3396 Stoneshore Road �� t GPIN I f 1486822513 Site Size 3.91 acres 10 AICUZ 65 70 d6 DNL; Sub Area 3licillk Watershed Chesapeake Bay I Existing Land Use and Zoning District Church/A-12 Apartment, B-2 Community Business . A 000 , Surrounding Land Uses and Zoning Districts North ` \ ic , , ... Office /B-2 Community Business South • Stoneshore Road Shopping center, office/ B-2 Community . Business, 0-2 Office t o East , • ., Duplex/A-12 Apartment West Holland Road ' Single-family dwelling/ PD H1 Planned Unit o Development SH Campus, LLC Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Group Home for up to 20 children on a 3.91-acre parcel along Holland Road that is zoned both A-12 Apartment and B-2 Community Business Districts. • The Group Home (Seton House) is a non-profit organization that currently operates out of three rented properties in the Kings Grant neighborhood of Virginia Beach. For 36 years Seton House has provided mentoring, counseling, education programs, and a safe and secure home for youth between the ages of 9 to 18 years old that are homeless, runaway, trafficked, disconnected, and at-risk. The applicant proposes to relocate to this site and construct a centralized campus location for the boy and girl shelters and administrative office. • The Group Home will operate 24 hours a day, 7 days a week. There will be 10 to 12 staff members rotating during normal business hours and two to four staff members will be on-site overnight. • The proposed Group Home buildings and associated parking lot will be located on property zoned A-12 Apartment. No residential component of the project is proposed, nor permitted, on the portion of the property zoned B-2 Community Business District. • The site is currently developed with a church. The existing building will be demolished in order to construct three new buildings -two 6,000 square foot residential buildings for up to 20 at-risk children and one 5,000 square foot building for administrative use. Each residential building contains six rooms, each with two beds. • The submitted elevations depict two,two-story residential buildings with a brick water table, vinyl siding and windows, and an asphalt shingle roof.The proposed single-story administration building will be constructed of similar materials and appearance as the residential buildings. • The conceptual site layout depicts the required Category IV landscape buffer with a six-foot tall privacy fence along the eastern property line that abuts residentially zoned properties. A four-foot tall aluminum fence is proposed along the property street frontage,which meets the setback requirements for fencing. • The property falls within the 65-70 dB DNL and Sub-Area 3 of the Air Installations Compatible Use Zones (AICUZ). As a matter of right, on the portion of the property zoned A-12 Apartment District up to 34 multi-family dwelling units could be constructed. SH Campus, LLC Agenda Item 7 Page 2 Zoning History .ts• v- ,# •<f 4� `,,,..Y"��y ),L itj # Request ��'` fir_ ',��\ t 1 CUP(Communication Tower)Approved 11/20/2018 '� '�! f \ �M•r_ CUP(Religious Use)Approved 07/14/2009 i �/ f • 2 CRZ(B-1A to Conditional B-2)Approved 10/17/2017 + `b�o�� CUP(Tattoo Parlor)Approved 10/17/2017 \\,, ���� ti�e�t►L p MOD(Business&Vocational School)Approved 04/04/2017 ,>"' d �i% J>.e7: 2, ore CUP(Business&Vocational School)Approved 03/03/2015 �'� �' '>� ;« '�� �.14 CUP(Child Care Center)Approved 02/08/2005 �1' �/�� 'V, '\�' CUP(Religious Use)Approved 11/23/2004 op yoi Q �i � �� /:a, •-.,,A. �};tif-1� •1N CUP(Religious Use)Approved 11/27/2001 'w,+r'gi 1. t : CUP(Religious Use)Approved 10/10/2000 ' 6 ply l L ,E $� CUP(Religious Use)Approved 11/22/1994 rW C e ' :- 3 CUP(Religious Use)Approved 04/08/1992 4 CUP(Vehicle Rental)Approved 09/18/2012 5 s w `� _I\ Y CUP(Vehicle Rental)Approved 09/18/2012 a _ 5 MOD(Auto Repairs&Services)Approved 02/28/1995 6 LUP(Oak Springs)Approved 1984 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for a Group Home, in Staff's opinion, is acceptable.The Group Home(Seton House)will provide care and service to children that are in great need and has been operating in the Kings Grant neighborhood for the past 36 years without incident or complaint from the neighbors. With the current lease of the boy's shelter set to expires by the end of August of this year,there is an urgent need to get this new location up and operational.The applicant's intent to renovate the existing church building to provide temporary shelter for the boys while the new shelters and administration building are being constructed. Once construction is completed,this site will serve as a centralized campus for the Seton House's operation to provide care and service for up to 20 children. During the weekdays,the children will be attending schools and visitation hours are limited to daylight time throughout the week. The scale and design of the proposed buildings are compatible with surrounding residential and commercial uses.The proposed privacy fence and landscape buffer along the eastern property line will delineate the outdoor passive recreational area for the residents and add additional plantings and fencing between the properties. In Staffs view,this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. While the City Zoning Ordinance does not specify a minimum number of parking spaces for a Group Home, in Staff's opinion,the proposed 35 parking spaces exceed the parking need for this use with 12 employees and limited visitors. According to Traffic Engineering Staff,there is no trip generation data available for a Group Home; however,the anticipated traffic volume for a Group Home is less traffic than a typical A-12 residential land use and B-2 business land use.The Joint City-Navy Review Process Group(JRP) met on March 17, 2021,to review the request and found the proposal for a Group Home with up to 24 beds to be an acceptable density for this property. Based on these considerations stated above,Staff recommends approval of the request subject to the conditions listed below. SH Campus, LLC Agenda Item 7 Page 3 Recommended Conditions 1. When the site is redeveloped, it shall be in substantial conformance within the submitted conceptual site layout exhibit entitled, "Conceptual Site Layout Plan of Seton House", prepared by Orbis Landscape Architecture, dated April 7, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. When the site is redeveloped,the exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the submitted elevations entitled"Seton House Addition", prepared by DA,dated April 21,2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. Plantings along the property line adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight(8)feet. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The number of beds utilizes for the Group Home shall not exceed twenty-four(24)and the number of children shall not exceed twenty(20). Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Suburban Area."Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. SH Campus, LLC Agenda Item 7 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 32,700 ADT1 32,990 ADT 1(LOS°"D") Existing Land Use 2—43 ADT on Weekday Existing Land Use 2—171 ADT on Weekend Existing Zoning 2—285 ADT Stoneshore Road No Data Available 9,900 ADT 1(LOS""D") Proposed Land Use 3—No Data Available ,Average Daily Trips 2as defined by a 6,200 square 3 No information available in the °LOS=Level of Service foot church ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road, in the vicinity of this application, is considered a four-lane divided minor urban arterial. This existing infrastructure currently resides in a variable width right-of-way. The MTP proposes a six-lane facility within a 165 foot right-of-way. There are currently no roadway CIP projects slated for this segment of the roadway. Stoneshore Road, in the vicinity of this site, is a two lane divided local street and there are currently no CIP projects scheduled for segment of Stoneshore Road. Public Utility Impacts Water & Sewer The subject site is connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 25, 2021 and May 2, 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 April 26, 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 May 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28, 2021. SH Campus, LLC Agenda Item 7 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 11,2021. SH Campus, LLC Agenda Item 7 Page 6 Proposed Site Layout df ih 1111 1 II fm 1 lS i 13I G . *. I ;sk(' ) i .c I . FA, i. it t ' ii!F I 1 _' ill "' -- Si 1 I i ( J W • 1 — - I--� _---_. : a ( JI . I 1 lli 16 He il ---- - 1 ____. LI , , ;1 1 �� ' �� uC kii •� 3 Pb tl's`s?! 81 a 3 a SH Campus, LLC Agenda Item 7 Page 7 Proposed Elevation Plan e w L3S .. ''' C 3 SNOilYA313�JNi NOIL00'Y 35f10N N013S dllfi8 IAA . r r tE 1 file hill! r r r r f r t 9 ■ Li L1 of D 1 I L 1 0 N i0' r C. it 1 D IL: El A d El El El O: O Z i /. /. SH Campus, LLC Agenda Item 7 Page 8 Proposed Administration Building Elevation Plan (2) NOILIOat 3Sf10H N0135 SNg1YA373°JNIO1,f113 ON i:,[ i Q r r I P QQW t j;{l i W111 f r r Y E , . . .,. _ ,. :.f pi .. ._ . i n 1 liD 0 f - , .. 1. r LI . ;. Ell El , . _.:: ....„. Ell: ....T. ,. 0 El MI 0 . Z i o 2 z a ♦/ Qi SH Campus, LLC Agenda Item 7 Page 9 Site Photos if \i . ` :pc. /� LT 's- --. • te R �.yf `1> - h.. i 'o-L • �� c'; . r ";' a SH Campus, LLC Agenda Item 7 Page 10 Site Photos Rom; • Ai • z . SH Campus, LLC Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement Mr3 City of t iryirtia Baud) Planning&Community Development e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 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 SH Campus LLC Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Lawis S.Holland and Julie Griffin Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes E 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. Q-•vjsed 11 09.2O2r 1 SH Campus, LLC Agenda (tern 7 Page 12 Disclosure Statement Disclosure Statement city gr l!No!Buui. -. __. 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 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 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. Sharon Prescott with Beach South Realty 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?C'! 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?I Yes ❑ No • If yes,identify the firm and individual providing the service. Dills Architects 1432 N.Great Neck Road;Suite 204;Virginia Beach,VA 23454 5. Is there any other pending or proposed purchaser of the subject property?Ili Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. SHCampus,LLC is the pending purchaser.Settlement Attorney is Temple Law Group 291 Independence Blvd;Virginia Beach 23462 Revised 11 09 2020 Wage SH Campus, LLC Agenda Item 7 Page 13 Disclosure Statement Disclosure Statement \33 Clty jf'oy &OMA 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 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?in Yes D No • If yes,identify the firm and individual providing the service. DKT Associates Land Surveyors 1100 Granby Street;Suite 100;Norfolk,VA 23510 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 U 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 / LGct S_5 t o1I •nt'7 Ou,r,t r StlCuvyi c LL( u,,e C'r Clrm IPrpreirtitz hv& S{60-0A3 LLL Print Name and Title >j I- - 3•31 21 Date --Is the applicant also the owner of the subject property? ❑Yes III No • It 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 06.03.2021 Signature Print""m° Hoa N. Dao 31 SH Campus, LLC Agenda Item 7 Page 14 Disclosure Statement Disclosure Statement \43 City of Yuyirzp Bm it Planning&Community Development Owner Disclosure Owner Name St Luke's United Methodist Church Applicant Name SH Campus LLC 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) Thomas Rogers,Trustee Merlin Hadenfeldt,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) None 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? '"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 Wage SH Campus, LLC Agenda Item 7 Page 15 Disclosure Statement Disclosure Statement ///3 ('vy ofViyi,w,Boxfi Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑ No • If yes,identify the company and individual providing the service. Keller Williams Town Center,Bob Williams 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes 0 No • If yes,identity the purchaser and purchaser's service providers. SH Campus LLC 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 I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. Revised 1109.2020 Wage SH Campus, LLC Agenda Item 7 Page 16 Disclosure Statement 5 's �'rJ 4 rEti • L p . x w 3'" r1 " ✓h.1T�Arc i.R "� r {' . - y . .,3 ,t 54 ?, . Li,, ts�`��t . _r ` ks K '� '3" '�4C. v,,, .� 2 r a , Ik. rt a � lt, 24*c"s Yri -4eta Kd iivn.y >.i S a� t ,T1.4�te, s Sfre*S. t 140tE yfiv`e S'! � f sr .4 ` C i �� f t ss a a 'xa� �n� ro ""eknO y 1 « '� rie 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?r*Yes 0 No If yes,iderrtify the firm and indivlduai providing legal the service. Virginia Beach Law Group,David Johnsun Owner Si&natltre 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,CBPt,Wetlands Board or any public body or committee in connection with this application. ....7-4...._.. Ahi,„Lay 7,-;,/, Owner Signature Thomas Rogers,Trustee Marilk Hadenfeldt,Trustee Print Name end Title frr K 24 ] Date Revised IS..09.2Ce0 7 I Page SH Campus, LLC Agenda Item 7 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SH Campus, LLC Agenda Item 7 Page 18 Item # 7 SH Campus, LLC [Applicant] St. Luke's United Methodist Church [Property Owner] Conditional Use Permit (Group Home) 3396 Stoneshore Road May 12, 2021 RECOMMENDED FOR APPROVAL - HEARD Madam Clerk: Our next item is agenda item seven SH Campus LLC. An application for a Conditional Use Permit group home on property located at 3396 Stoneshore Drive in the Rose Hall District. Would the applicant or the applicant's representative, please step to the podium. Mr. Weiner: Good afternoon. Please state your name for the record. Ms. Sieracki: Good afternoon, members of the Commission, I am Jennifer Sieracki, Executive Director of Seton Youth Shelters in Virginia Beach. Mr. Weiner: Okay. Just tell us a little bit about what you're doing? Ms. Sieracki: We are very excited to have the opportunity for the first time in our 38 year history to bring together our boys and girls house, our mentoring and our outreach programs together on one centralized campus. We know that this will enable us to better serve the families in the Virginia Beach community and beyond. And at this point, we've served and saved just a little over 350,000 lives. The majority of our boys and girls do come to us from the City of Virginia Beach. And this opportunity, of course, allows us to serve those families. It also enables us to, as an organization provide a better workplace for the wonderful people who are committed to the work that we do on behalf of youth in our community. And we also are looking forward with this piece of property to be able to do some green space restoration for both educational and aesthetic purposes in Virginia Beach. Mr. Weiner: Any questions? Ms. Sieracki: Yes, ma'am. Sorry, too tall, I need to. Mr. Klein: No, that's okay. Um, I don't think you guys were here this morning. Could you please provide a brief overview of the kids, of the population that you serve? Ms. Sieracki: Certainly, so the children that we serve come from all families and backgrounds. They come to us because they may be having problems with their family relationships, arguing with mom and dad. We are at this point in our history, almost 38 years. We're microcosm of the community At-Large; we're seeing more children 1 who are in homeless situations, many of those short-term homeless but homeless nonetheless. Unfortunately again, as a reflection of the community, we are seeing some traffic children. This is a wide pervasive, widespread pervasive problem in Hampton Roads and beyond. And those are the children that we do serve through our boys house and girls house and then also our mentoring and our outreach programs. Average length of stay in the shelter situation is typically three weeks average age, our kids range in our boys and girls house from 9 through 17, if that helps give a little bit better picture of who we are. Ms. Weiner: Thank you. Any other questions?Any questions? Mr. Wall: I see you said three weeks, that's the average stay. Ms. Sieracki: Yes, sir. Mr. Wall: Okay. It's not very long, it's... Ms. Sieracki: We're considered an emergency setting for a child who needs a safe haven, a place to, to go.When you talked about the children we serve, also, if I can say, we serve youth who are in need of shelter and our support services, we're not in anyway, detention setting or setting for a child or youth who may have substance abuse issues, those children need more of a clinical or more supportive setting in those areas. We're not a therapeutic type setting. Yes sir. Mr. Wall: So can you describe the like how it's going to be constructed? Ms. Sieracki:Yes. So the project as its planned out now is going to be constructed in three phases. Phase one will be our, our boys house, some folks in the community may have heard about the end of our, our 38 year lease at our boys house due to some priority changes with our landlord and wishes to use that property for their own programming. So that is our top priority is to construct our boys house, followed by the girls house. And finally, phase three will be the administration community education building. Mr. Wall: Which one's the boys houses'? Ms. Sieracki: So in looking at the layout that we have in front of us on this property, the boys house would be that building closest to the Southwest corner, followed by the girls house, kind of in the center, and then admin on the kind of the North, the North building at the layout drawing I'm looking at in front of me. Mr. Wall: Okay, so the church building is going to stay until? 2 Ms. Sieracki: The church building fortunately, we've determined can be used short term for our boys. We'll have to do some renovations as it is a bit dilapidated. Mr. Wall: Okay, all right. Thank you. Mr. Weiner: Mr. Coston. Mr. Coston: So, are y'all are moving from St. Nicholas and St. Aidans, is that where y'all are now? Ms. Sieracki: Yes, sir. For 38-year history, we've had to shuttle between three buildings for administration and mentoring and then shelters and outreach. So we will be leaving a St. Nicholas location first. We do anticipate that it'll be several years. you know, unless a miracle occurs. And you know, a huge donation comes in probably as it will be in phases, probably a couple of years, two three years for the girls house and then admin. Mr. Coston: I applaud the work that you do. Ms. Sieracki: Thank you so much, you know, we are here because of all of you. So thank you. Mr. Weiner: Thank you. Mr. Graham. Mr. Graham: I just have a comment. I grew up on Little Neck Road, right down the street from there. Never knew you guys were there, until just recently, really had, you know, it's quiet use. I mean, nobody knows it's there. Ms. Sieracki: And thank you for bringing that up. Because of the nature of what we do and confidentiality reasons, we can't really shout from the rooftops about what we do, but we are very excited about again, being able to bring together our programs to better serve Virginia Beach and surrounding communities. And as I mentioned earlier, to also have some wonderful green space to both restore and educate the children that we serve. Mr. Graham: Yeah, that's great. Mr. Weiner: Dave any question, any other questions, okay Dave? Mr. Redmond: No, I just want to miracle already came and that is namely that you all are doing what you do. I was tearing up listening to you describe your mission. I've been familiar with it in the past anyway; you provide just an extraordinary service to some of the most vulnerable people in our community and not enough to do it. The world just doesn't have enough really good people doing these kinds of things. And 3 I genuinely appreciate what you're doing and the fact that you want to expand it and do it in a better way, I can't tell you how good that it is. Ms. Sieracki: Now, you are making me tear up, thank you so much for that, we are quiet. We're one of the more quiet nonprofits but again; appreciate the chance to be considered and we are hopeful. Thank you so much. Mr. Weiner: Thank you. Thank you. Any speakers? Madam Clerk: Yes, sir. We have two, the first one being Julie Griffin, to be followed by James Seeger. Ms. Griffin: I am in here representing both Seton House as well as the purchaser of the property. Mr. Weiner: State your name for the record. Ms. Griffin: Julie Griffin. Mr. Weiner: Thank you. Ms. Griffin: So obviously, we're in support of it. The owners of Atlantic Bay Mortgage Group, which is a great, you know, local company, I'm sure you guys know, Brian Holland, are the main backers in this project and are in great support and hope that we can also have your support. Mr. Weiner: Thank you. Mr. Griffin: Thank you. Madam Clerk: James Seeger. Mr. Weiner: Welcome sir, please state your name for the record. Mr. Seeger: Thank you. My name is James Seeger, I happen to be a resident of that area. I feel at a disadvantage, because what I just heard, however, if you guys would be kind enough to bring up that picture that church. That church sits on the corner of Holland Rolling Stone Shore Road, I happen to own a house there. That area is very crowded and very busy and lots of traffic, so I feel like if you put a home there with these youth, you're gonna have a problem with traffic and some of the kids dealing with the traffic down Holland Road. My own child has had plenty accidents done is just dangerous area. Second of all, in that area, it's already saturated with youth that, you know, they get together and they do mischievous thing, we have Green Lakes in that area and we also have Magic Hollow not far away from there. 4 So now you're talking about bringing in a bunch of other children and the police in that area and the problems in that area, if you check the police reports, you'll find that that's a very problematic area. So my concern is that if we bring in more than I've spent the last 25 years trying to pay for my house in that area, then the value of that house is going to go, so that's basically my concern I hope you guys take that into consideration. Mr. Weiner: Okay sir. Any questions? Thank you. Ma'am, would you come back up for a rebuttal? Ms. Sieracki: I certainly do understand the gentleman's concerns. I do just want to clarify a little bit about how our children stay with us. We have a maximum occupancy in our shelters of 10 boys and 10 girls, those children are in Virginia Beach City Public Schools during the day through our long standing relationship with them are unsupervised at no time. And also our new location will be completely fenced in for the children's protection. I mean, our children are never outside or in any situation where they're unsupervised by our professional case management and counseling staff. And I certainly do understand and appreciate his concerns and appreciate the fact that he's thinking about the children's safety. But again, this will be an enclosed area. These children are always supervised. We have never had an incident of any kind in our 38-year history, because of our incredible staff and their dedication to the care of these children. I hope that clarifies a little bit. Thank you so much. Mr. Weiner: Thank you. No more speakers? Madam Clerk: No more speakers. Mr. Weiner: I will close it and open up for discussion. Jack. Mr. Wall: I mean, I really appreciate Mr. Seeger's comments, you know, I think he's probably been there for a long time, knows the area, you know, the traffic, the density, maybe some existing problems out there, you know, with some mischievous youth and. you know. I certainly appreciate his insight into the wanting to and maintaining value of the properties, you know, in the area. But I think that we've heard quite a bit, you know, that it's very, very low key, not very dense. the individuals that are there, but are not there very long. And, you know, we just heard that they're supervised for the most part the entire time that they're there. So I hope that alleviates some of Mr. Seeger's, your concerns and yeah, I am going to be in support of it. Mr. Weiner: Okay. Mr. Redmond? 5 Mr. Redmond: Just real fast I want to say, I'm really impressed by the notion that you want to involve some of this green space that you'll have at your disposal and get these kids outside some and give them some, you know, some education and some interest in some things. You know, the children spent too much time enclosed by four walls. And I think that's, I think that's going to be a real benefit to them, I think is a real credit to this project. So I can't wait to support it. Mr. Weiner: Mr. Coston? Mr. Coston: I agree with Mr. Redmond. I've had the pleasure of inspecting both of those, the former facilities. And I've never seen or heard any problems there. I don't even think the kids get out to play much really. I mean, they don't have much time outdoors into two present locations and that's a great advantage to where they're moving to. I'd like to tell Mr. Seeger that your family will be really safe here from what I've seen of how they run their business. Mr. Weiner: Anybody else? We have a motion? Mr. Wall: I make a motion that we approve agenda item number seven. Mr. Klein: I will second. Mr. Weiner: Motion by Mr. Wall and second by Ms Klein for approval. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent. Mr. Inman is absent. Ms. Klein? Ms. Klein: Absolutely. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. 6 Madam Clerk: Mr. Redmond? Mr. Redmond: I am going to say an enthusiastic Aye. Madam Clerk: Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. Madam Clerk: By recorded vote of eight in favor and zero against agenda item number seven has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. When the site is redeveloped, it shall be in substantial conformance within the submitted conceptual site layout exhibit entitled, "Conceptual Site Layout Plan of Seton House", prepared by Orbis Landscape Architecture, dated April 7, 2021. which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the site is redeveloped, the exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Seton House Addition", prepared by DA. dated April 21, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. Plantings along the property line 7 adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8) feet. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 5. The number of beds utilizes for the Group Home shall not exceed twenty-four (24) and the number of children shall not exceed twenty (20). 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 i immunimi ispinimr / iit Durbin Place �• �, _-�, , El/ -- or losifir o 1 r,. . _. kip / 47,4 ,,;, •► C. / - -- ,c, Alp _. I - PDH�1 0 0 -------_ /Pi 40----- -_,i___ i , .... ________ ,.,, _ © r_17 ET-1 1-1-;11:3DFIlo° im ...,„ , ___ __ /IRIRNmgsnramllMIIIIIIIIIIIIIw 41/44 Fetsch Place / 7•. 11� , ,� P�D"H1 • a * ' le, • � --' o to . 12 ❑ o isiii? ,,PDH 1 �j - _____ iii 0 0 0 / it vw . tiff Guther Place • ' 4_\A, as WI w .4441 1 0 _elftar ILii n,---- *1 %='� �'' P D H 1 ,/\ N WA Site Diana Buhrmann w ' ,.; Property Polygons 998 Boughton Way s Zoning I Building Feet r Parking Lot Drive Aisle 0 2040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DIANA BUHRMANN [Applicant] MICHAEL KORNOELJE [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 998 Boughton Way (GPIN 1496416400). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 15, 2021 ■ Background: The applicant seeks a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Magic Hollow neighborhood. The applicant has 25 years of experience caring for children. The side and rear yards of the property are enclosed by a six-foot tall privacy fence where the children will have outdoor activities. The typical hours of operation are 6:15 a.m. through 8:00 p.m., Monday through Friday. ■ Considerations: This request for a Conditional Use Permit for a Family Day-Care Home is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. The property appears to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. In Staff's view, and the Planning Commission concurs, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. ■ Recommendation: On May 12, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 8-0, to recommend approval of this request. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. Diana Buhrmann Page 2 of 2 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. is Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval.Submitting Department/Agency: Planning Department 0 City Manager: IV Applicant Diana BuhrmannAB Agenda Item Property Owner Michael Kornoelje, Jr. Planning Commission Public Hearing May 12, 2021 City Council Election District Rose Hall 1 0 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) C c i t V2 Qi` _ o �cc o° od 4 Staff Recommendation o,°�° °yA �,.�° ,1/ ^4g„, ,d° ,fie Qa Q° ee,46 �C,,,y Approval `.st� .4`° a 9,. ° Staff Planner , a° 32 Antionette Fowlkes / T. °a""�' ' 4 o. 3 t Location 998 Boughton Way Magic Hollow Boulevard GPIN a°^a° Pc!aware Croanr"g �Owc 0�� 1496414416 eW w^ _t' ad' Site Size 5,401 square feet s°, �4t s °o AICUZ \ "'`s Greater than 75 dB DNL \ "• '° `% U Watershed ' Chesapeake Bay uur)un Pfac e = — ■ Existing Land Use and Zoning District 'N ` ',: Single-family dwelling/PD-H1 Planned Unit .f _ �m Development r I, h i'> Surrounding Land Uses and Zoning Districts i- _ North Single-family, duplex /PD-H1 Planned Unit Development i South — Single-family dwelling/ PD-H1 Planned Unit I. Development East Single-family dwelling /PD-H1 Planned Unit Development West . . ,- , Single family, duplex/PD-H1 Planned Unit Development Diana Buhrmann Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. The 5,401 square foot parcel is zoned PD-H1 Planned Unit Development and is located in the Magic Hollow neighborhood. • The applicant has 25 years of experience caring for children. • The designated outdoor play area is located in the backyard enclosed by a six-foot tall privacy fence. • The typical hours of operation are 6:15 a.m.through 8:00 p.m., Monday through Friday. Durbin Place m .Y O Finch Place �-; 1FinchFinch l 1 � No Zoning History to Report � r — � t r c4 • or47ipik 7' \ _ 111, • 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 request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. The applicant has requested to provide day-care services for up to 12 children and has over 25 years of experience. A Family Day-Care Home with four or less children is allowed by-right in residential zoning districts. When the number of children cared for increases to five or more children, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at any one time to alleviate the potential for congestion in the right-of-way. In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. Diana Buhrmann Agenda Item 10 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation,the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Diana Buhrmann Agenda Item 10 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Boughton Way No Data Available Existing Land Use 2=10 ADT Proposed Land Use 58 ADT 1 as defined by a single-family 2as defined by a single-family dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Boughton Way, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP and there are no roadway CIP projects planned for this area. Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 25, 2021 and May 2, 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 April 26,2021. • 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 May 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28, 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 June 11,2021. Diana Buhrmann Agenda Item 10 Page 4 Proposed Site Layout t _ , i .\\.4 -.‘'."./ i.. (:a3- 70M hrq Y --.. / la GI i i,f..- ,/i)i i :4.1i'4l`‘:7;i.i°._r,.._lik-- 1; ./-„11,_r 7.. -,---*7:L---':: . 6' "^ P $ Fence 9% 'p ra or 992 4 0 CQ P/ap Ar 'ems# i . 1 "`_ ' , --- / �f �t` iT t a 4k, i - x I 1...1-,,, IL'-tk , 'i -�, -`mow, 2906 ,i 2901 Diana Buhrmann Agenda Item 10 Page 5 Site Photos • , t Y..- R 4 g l 0 1,, , -- 1:- '-- ik . d = .-. sit doc b ' ♦- '0. -." ' _ ....„..,.., .„.....__... .. .....t. , „ ._ .41...,-B6.,�' '. , ter. ®►r - _ __ �.� __ :_ °=:* -,ram - - 1 S t sip+ �. riu?'Y.r � "� = ,,�� ,� ,,.S,r�.F.d F' �'"k-.`..�6 r- �� r ��t 'i* � +-3. �.. < vN cq Yec _ Diana Buhrmann Agenda Item 10 Page 6 Disclosure Statement Disclosure Statement 4 Como:unit I t'vt'ita,}ftSfl' 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 Disclosu re Applicant Name Diana Bu h rmci n(1 Does the applicant have a representative? ❑Yes tikNo • tf yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes to • if yes.-'s;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 42.23101 1I Diana Buhrmann Agenda Item 10 Page 7 Disclosure Statement Disclosure Statement Planning&Community Develcipment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beads have an interest in the subject land or any proposed development ���y 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,crosstollaterallration,etc)or are they considering any financing in correction with the subject of the application or any business operating or to be operated on the property? ❑Yes si No • if yes,identify the financial institutions providing the service. 2. Does the appucant have a real estate broker/agent/realtor for cL rren!a nd anticipated future sales of the subject property? ❑Yes pkNo • 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 VNo • 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 oe operated on the property?0 Yes jEkNo • 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 No • If yes,identify the purchaser and purchaser's service providers. Diana Buhrmann Agenda Item 10 Page 8 Disclosure Statement Disclosure StatementVB Planning&Conununit} --1"""'"1".,1/44,64\ Development 6. Does the applicant have a Construction contractor In connection wrth 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 c'any business operating or to be operated on the property?0 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?0 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+he 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_ 1Yn1141r1r Signature Diana Buhrmanto lmily_I y.._1 one�cev ide.[ Print Name any Me —ito-21020 Date Is the applicant also the owner of the subject property? ❑Yes SjVO • if yes,you do not need to Ida cut the owner eisclosure 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 allo thanes as ofdata si 1:/loti ! n•,.i. t, Prim ems Antonia.FaaKu 31 Disclosure Statement Diana Buhrmann Agenda Item 10 Page 9 Disclosure Statement11/4/3 Planning&Community •Dev mat Owner Disclosure Michael+ �j Owner Name Michael kornoele J . Applicant Name Dianei Buhrmann Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 'No • It yes 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 to the subject land or any proposed development contingent on the subject public action?L0 Yeso • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relatonship 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 entty,(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 enttles. 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. 5i Disclosure Statement Diana Buhrmann Agenda Item 10 Page 10 Disclosure StatementVB 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 finandng in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes )4No • If yes,identify the financial institutions providing the service 2. Does the Ow •have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes PNo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ANo • If yes,identify the firm and individual providing the service 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes X.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 t • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in conrection with the subject of the application or any business operating or to be operated on the property?❑Yes X.No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the applicator or any business operating or to be operated or the property?0 Yes X.No • If yes,identify the firm and individual providing the service. 6I Disclosure Statement Diana Buhrmann Agenda Item 10 Page 11 'NBDisclosure Statement Planning&Commuika Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating o'to be operated on the property?❑Yes ✓' o • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the nformaton 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 Signature Mic4ute I Kor-noei a Jr Print Name and Ude - 14-zl Date Next Steps Diana Buhrmann Agenda Item 10 Page 12 • 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. Diana Buhrmann Agenda Item 10 Page 13 Disclosure Statement \43 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 Su hrn'laflr7 Does the applicant have a representative? 0 Yes a_No ▪ If yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes IbiNelo • 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 1 L Disclosure Statement \13 Planning &Community Development l 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 ary 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 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 74,,No • tf 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 I(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 XNO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yeso • If yes,identify the purchaser and purchasers service providers 11.09.2020 2 f - Disclosure Statement V3 Planning & Column nity N 1 l v;:ent 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes No • If yes,identify the company and individual providing the sennce 7. Does the applicant have an engineer/surveyor/agent in connection� with the subject of the application or any business operating or to be operated on the property? ❑ Yes j NO • If yes,identify the 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? 0 Yes X1 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. .10.n04 t yflt enl cant Signature ,piano Buhr ; Nand Dal kale Provider Print Name and Title a= it0' l Date Is the applicant also the owner of the subject property? ❑ Yes • it yes,you do not need to fill out the owner aisciosure 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 r No changes as o1 Date F. 2! 2:21 Signature Jr,t,. .i• ,•..•. : Pr.nt Name Artl,7ri_ttc f_otir.2i 31 Disclosure Statement Planning& Ccymmunit4 Development Continue to Next Page for Owner Disclosure 4 ! 11/4B Disclosure Statement Planning &community Owner Disclosure �/� /� Owner Name M LC GI d ko r n oe t o J . Applicant Name i a IICI Bu h rrna nn Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes co. • If yes,list the names of all officers,directors,members,trustees, et: 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 flo • 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 Disclosure Statement \/13 Planning & Conn] tljt� 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 4No • If yes,identify the financial institutions providing the service 2. Does the Ow r have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ANo • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes )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 • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in conrection with the subject of the application-or any business operating or to be operated on the property? 0 Yes No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the applicator or any business operating or to be operated on the property?❑Yes ;,No • If yes,identify the firm and individual providing the service. 6 � Disclosure Statement 'NB cvlerpuio Baia Planning & Community Development 9 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 • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature V " Micive I leornoetde Jr. Print Name and Title 2 - 2-4 -2 { Date 7f F. Item # 10 Diana Buhrmann [Applicant] Michael Kornoelje Jr. [Property Owner] Conditional Use Permit (Family Day-Care Home) 998 Boughton Way May 12, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Thank you. Okay. Thank you, Mr. Chair. These are applications that are recommended for approval by staff, the Planning Commission concurred. And there are no speakers signed up in opposition. We have four items on the consent agenda today. The first item is agenda item number one by which is going to be presented by city staff. Mr. Kemp: Good afternoon Chairman, Commission. For the record, my name is Kevin Kemp; I am the Zoning Administrator here in Virginia Beach. Item one is an ordinance amendment which modifies the Zoning Ordinance in regards to the sign regulations, particularly making them content neutral and in line with some current court decisions that have been made. What this ordinance does is first changes the regulations for billboards; our current ordinance regulates billboards based on their content.And what I mean by content is a billboard is an offsite sign advertising something not on that site. Well to know if you're advertising something on the site or off the site, you have to read the billboard therefore making it content based. So what this ordinance does is, it makes all outdoor advertising signs,takes billboards out, and any sign is permitted on the site as a free standing sign, but that sign is held to the dimensional standards of what is normally allowed in that Zoning District for freestanding signs. So billboards are not their own use. The second thing that this ordinance does is it removes the Zoning Administrators ability to modify non- conforming signs where in the past if an applicant wished to take non-conforming sign and alter it to make it better, there was an administrative process through my office that that could be done. This now puts that process only by City Council approval. The last thing in the ordinance is in regards to electronic signs and these would only be permitted in two instances. The first are for major entertainment venues. These are venues such as The Aquarium that require City Council approval and therefore City Council would dictate the number of electronic signs and the size and the second instance is for fuel prices.And these would be allowed only on properties that dispense fuel and they would be limited to one sign. Are there any questions? Mr. Weiner: Thank you. Mr. Kemp: Thank you Commission. 1 Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Okay. The next item on the consent agenda is item number- agenda item number four. Is there a representative for this item? Mr. Beaman: Mr. Vice Chair, Members of the Commission for the record, my name is Rob Beaman. I'm a local land use attorney at the Troutman Pepper Law Firm here today on behalf of the applicant for agenda item number four, we've had a chance to read the conditions, they are acceptable and we appreciate being on the consent agenda. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Ms. Klein to read this into the record. Ms. Klein: The applicant is requesting a Conditional Use Permit for a mini warehouse in order to construct a 25,000 square foot indoor self storage facility on this B4 mixed district zoned parcel. A portion of the property contains a parking lot and undeveloped area. The proposed building will be a climate controlled three story mini warehouse building with the total height of 43 feet and it matches the surrounding area. The applicant is seeking a deviation to the required 35 foot front yard setback which staff approves. Based on the consideration staff recommends approval of the application subject to the conditions and the Planning Commission concurs. Mr. Wall: Thank you. The next item on the consent agenda is item number nine. Is there a representative for this item? Okay, seeing none. Is there any opposition for this item to be on the consent agenda? Hearing none. We've asked Mr. Redmond to read this into the record. Mr. Redmond: Excuse me. Thank you, Mr. Wall. This is an application for a Conditional Use Permit for a family daycare home at 1105 Voss Court. The applicant is requesting the CUP for a daycare facility of up to 12 children within this single family dwelling. It's a 7500 square foot parcel and seems to be very well organized and laid out for this particular use. The applicant has 22 years of experience caring for children. Staff sees no reason why it should be denied. Planning Commission sees no reason why it should be denied and we therefore place it on consent. Thank you, Mr. Wall. Mr. Wall: Thank you. The next item on the consent agenda is item number 10. Is there a representative for this item? Okay. Madam Clerk: Mr. Wall there is, she had signed, Diana Buhrmann had signed up virtually, but she is not online. So is Diana Buhrmann here? 2 Mr. Wall: Okay. Is there any opposition for this to be on the consent agenda? Okay, hearing none, we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you, Mr. Wall. The applicant is requesting a Conditional Use Permit for a family daycare home to care for up to 12 children within a single family dwelling. The 5401 square foot parcel is zoned PD-H1 planned unit development and is located in the Magic Hollow neighborhood at 998 Boughton Way in the Rose Hall District. This request for a Conditional Use Permit in staffs opinion is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff finds the property to be well organized and well kept; successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. For these reasons, staff recommends approval and Planning Commission agrees with this recommendation. Therefore we have placed it on the consent agenda. Mr. Wall: Thank you, Mr. Graham. So that ends the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permit for Short-Term Rental on the consent agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition and that includes agenda items number 15, 17 and 20. Those were the last items on the consent agenda. I move for approval of agenda items 1, 4, 9, 10, 15, 17, and 20. We have a motion. Do we have a second? Ms. Klein: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Ms. Klein. Mr. Redmond: Mr. Chairman. Mr. Weiner: I'm sorry. Go ahead. That's right. Mr. Redmond: Number one, I am abstaining on agenda item number 8, for the same reason as before, there's work colleague of mine who is a member of the partnership that owns this property and so that's just too close for comfort. I also am abstaining on all of the short-term rental applications. I have a letter on file with the City Attorney's Office, I have a client who's in the travel industry, and that too, is too close for comfort. So I do not vote on short-term rental applications or ordinances. Thank you. Ms. Wilson: Mr. Graham? Mr. Weiner: Anybody else? 3 Ms. Wilson: You have a letter on file saying that you will abstain from all short-term rental applications, has that changed? Mr. Graham: Yes, ma'am that has been withdrawn. Ms. Wilson: Okay. And you will now vote on those applications? Mr. Graham: That is correct. I do not have a conflict. Ms. Wilson: Thank you. Mr. Weiner: Thank you. Ready to vote? Madam Clerk: Yes, sir. Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent Mr. Inman is absent. Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond? Mr. Redmond:Aye. Madam Clerk: Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. 4 Madam Clerk: By recorded vote of eight in favor and zero against agenda items 1, 4, 9, and 10 have been approved. Agenda items 15, 17 and 20 by recorded vote of seven in favor, zero against with one abstention have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 5 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 I / pi / /(C3Ill to N C_ Q �\ 3 0 o / N % � O co mr- CN a/no o Q alp00 •'' 0 V CV 14 -„., Q----' •:,- 1 it , ,,__ . ,!6°‘1/ - --,, g 0 0 O U ii---;___ ct_ re" _ z ''''''... .4%41\ , ...-.: > ci. ,..„ Ikk* 2. 2 Illrr- / K1 ........ Ilk W- iiiirk o L T� Ljjak Iiii , e fr*eft 4/ ftkiA.- 4).) I r � , It - N 9 ,�ho� sin�� Q /./off a, cn Q c 'a- - O o .,� 1-- K7 J , O. o mn � N �' � v- 0 0 1--- ►- p 6 -.,„ 4‘;, ,<\*--, ��jj �S Lzf ,. ..,, �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MISTIE WOOD [Applicant& Property Owner] Conditional Use Permit(Family Day-Care Home) for the property located at 1105 Voss Court (GPIN 2415329877). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 15, 2021 ■ Background: The applicant seeks a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Dam Neck Estates neighborhood. The applicant has 22 years of experience caring for children. The side and rear yards of the property are enclosed by a six-foot tall privacy fence where the children will have outdoor activities. The typical hours of operation are 6:30 a.m. through 5:30 p.m., Monday through Friday. • Considerations: This request for a Conditional Use Permit for a Family Day-Care Home is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. The property appears to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. In Staff's view, and the Planning Commission concurs, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received ten letters in support of the request from adjacent property owners. There is no known opposition to this request. • Recommendation: On May 12, 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. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Mistie Wood Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (10) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval.Submitting Department/Agency: Planning Department 0 / /?1Q:) City Manager: Applicant Mistie Wood Property Owners Justin & Mistie Wood Agenda Item Planning Commission Public Hearing May 12, 2021 c rry r City Council Election District Princess Anne 9 Virginia Beach Request Conditional Use Permit(Family Day-Care Home) Staff Recommendation a — Approval �/ �" j R,, v Staff Planner tit - / Antionette Fowlkes 'Read Location WA �a 1105 Voss Court GPIN 2415329877 A Site Size 7,521 square feet AICUZ Greater than 75 dB DNL / P �,�D,,� / Watershed Southern Rivers Existing Land Use and Zoning District V. -- • / Single-family dwelling/PD-H1 Planned Unit * ''_ ..I Development t A J • Surrounding Land Uses and Zoning Districts -3 I North 41 7 Single-family,duplex /PD-H1 Planned Unit • 7 Development ' i . t South - . Childcare education center/AG-2 Agricultural East " 46 6.) tL., Grocery store/B-2 Community Business - ., West ITI - , C , Single family, duplex/PD-H1 Planned Unit /— Development i 4 Mistie Wood Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. The 7,521 square foot parcel is zoned PD-H1 Planned Unit Development and is located in the Dam Neck Estates neighborhood. • The applicant has 22 years of experience caring for children. • The designated outdoor play area is located in the side yard enclosed by a six-foot tall privacy fence. • The typical hours of operation are 6:30 a.m. through 5:30 p.m., Monday through Friday. \ rn C -- • r / ,-----,� i i1 S va:cwn i! '- d ----1--__.„_ • i.' ... yd.,;• - I / °' Zoning History # Request • r'''/' Ea.°^Roay 1 CUP(Religious Use)Approved 03/31/2004 °z 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—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. The applicant has requested to provide day-care services for up to 12 children and has over 22 years of experience. A Family Day-Care Home with four or less children is allowed by-right in residential zoning districts. When the number of children cared for increases to five or more children, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at any one time to alleviate the potential for congestion in the right-of-way. In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. Mistie Wood Agenda Item 9 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one(1) person,other than the applicant,shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation,the Family Day-Care Home,operating on the property associated with this Conditional Use Permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving Mistie Wood Agenda Item 9 Page 3 waters.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Voss Court No Data Available Existing Land Use 1-10 ADT Proposed Land Use 2—58 ADT 1 as defined by a single-family 2 as defined by a single-family dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Voss Court, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP and there are no roadway CIP projects planned for this area. Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised.Ten letters of support have been received by Staff.There is no known opposition to the application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 25, 2021 and May 2,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 26, 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 May 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 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 May 28,2021 • 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 June 11,2021. Mistie Wood Agenda Item 9 Page 4 Proposed Site Layout ,sic's , ri-i-1/e) •e# (440 sufzvc;ice- i-. 4: 5 TRf.Y tC CO*TRO .4 .. fP,yP GaR ,s NO ING+t 5.Lr5B TO VEt1 W P.AR TWIG 4 f a 'Zr,r,-- el AN--416 ' • s.".':). 20 sa oc f/., *ANT t' its. w,i 4, hi o ` tilt / / i i lS, Oedcdi METAL- d' C Is) Pgly if, 4 6' Privacy............" Fence ' it ‘32 \i. r� (34) I 6 .: ,f�3 Ile rifi*I () ` 3 - % v ,r.0 v Mistie Wood Agenda Item 9 Page 5 Site Photos f r AO a+rf' ,I/ ' b u� _ r �A.. ..,. ss 11} n t 3 --ter- : .; , .7 s y„ ' ,.- „yam-.-a,-A- ';'may, °,3 w+': ' *: O :-' 'c .`' � " "mod _ ` 1. ?. 4 ; Mistie Wood Agenda Item 9 Page 6 Disclosure Statement Disclosure Statement F. planning&Community Development t 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 Does the applicant have a representative? ❑Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?El Yes 0 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(iiii 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. ti Mistie Wood Agenda Item 9 Page 7 Disclosure Statement Disclosure Statement a Planning&Community nity Development Known Interest b_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?❑Yes El 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-collateraluation,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? El Yes PiNo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a reel estate broker/agent/realtor for current and anticipated future sales of the subject property ❑Yes CO No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Q 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?0 Yes 0 No • If yes,identify the firm and individual providing the service. S. 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 Revised 11 04-2020 2 Mistie Wood Agenda Item 9 Page 8 Disclosure Statement Disclosure Statement NiTi3 Planning&Cotrununity Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes el No • If yes,identify the 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 0 No ▪ if yes,identify the firm and individual providing the service. 8. !s 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 0 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,VBOA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature l r kt \ACCA Print Name and Titfe Date �t Is the applicant also the owner of the subject property? ry Yes 0 No • if yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY!AD disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications si la No thane.•sd Wu .,.,... tiee �,.\.n,..i#e Print Name Revised I1.09.2020 Wage Mistie Wood Agenda Item 9 Page 9 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. Mistie Wood Agenda Item 9 Page 10 Disclosure Statement x Manning&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 Does the applicant have a representative? 0 Yes IS:1 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) --- 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. 1 I -' _ _ 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 ❑ 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. 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 L 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 Q 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 Disclosure StatementNB tv.i» Planning &r Conununity Development b. 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 Cl] 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 0 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? 0 Yes 0 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. Appattt Signature Print Name and Title Date is the applicant also the owner of the subject property? D 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 No changes as of Date Si nature Ida Name Revised 11,09 2020 3 I .:_ Item #9 Mistie Wood [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) 1105 Voss Court May 12, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Thank you. Okay. Thank you, Mr. Chair. These are applications that are recommended for approval by staff, the Planning Commission concurred. And there are no speakers signed up in opposition. We have four items on the consent agenda today. The first item is agenda item number one by which is going to be presented by city staff. Mr. Kemp: Good afternoon Chairman, Commission. For the record, my name is Kevin Kemp; I am the Zoning Administrator here in Virginia Beach. Item one is an ordinance amendment which modifies the Zoning Ordinance in regards to the sign regulations, particularly making them content neutral and in line with some current court decisions that have been made. What this ordinance does is first changes the regulations for billboards; our current ordinance regulates billboards based on their content.And what I mean by content is a billboard is an offsite sign advertising something not on that site. Well to know if you're advertising something on the site or off the site, you have to read the billboard therefore making it content based. So what this ordinance does is, it makes all outdoor advertising signs,takes billboards out, and any sign is permitted on the site as a free standing sign, but that sign is held to the dimensional standards of what is normally allowed in that Zoning District for freestanding signs. So billboards are not their own use. The second thing that this ordinance does is it removes the Zoning Administrators ability to modify non- conforming signs where in the past if an applicant wished to take non-conforming sign and alter it to make it better, there was an administrative process through my office that that could be done. This now puts that process only by City Council approval. The last thing in the ordinance is in regards to electronic signs and these would only be permitted in two instances. The first are for major entertainment venues. These are venues such as The Aquarium that require City Council approval and therefore City Council would dictate the number of electronic signs and the size and the second instance is for fuel prices.And these would be allowed only on properties that dispense fuel and they would be limited to one sign. Are there any questions? Mr. Weiner: Thank you. Mr. Kemp: Thank you Commission. 1 Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Okay. The next item on the consent agenda is item number - agenda item number four. Is there a representative for this item? Mr. Beaman: Mr. Vice Chair, Members of the Commission for the record, my name is Rob Beaman. I'm a local land use attorney at the Troutman Pepper Law Firm here today on behalf of the applicant for agenda item number four, we've had a chance to read the conditions, they are acceptable and we appreciate being on the consent agenda. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Ms. Klein to read this into the record. Ms. Klein: The applicant is requesting a Conditional Use Permit for a mini warehouse in order to construct a 25,000 square foot indoor self storage facility on this B4 mixed district zoned parcel. A portion of the property contains a parking lot and undeveloped area. The proposed building will be a climate controlled three story mini warehouse building with the total height of 43 feet and it matches the surrounding area. The applicant is seeking a deviation to the required 35 foot front yard setback which staff approves. Based on the consideration staff recommends approval of the application subject to the conditions and the Planning Commission concurs. Mr. Wall: Thank you. The next item on the consent agenda is item number nine. Is there a representative for this item? Okay, seeing none. Is there any opposition for this item to be on the consent agenda? Hearing none. We've asked Mr. Redmond to read this into the record. Mr. Redmond: Excuse me. Thank you, Mr. Wall. This is an application for a Conditional Use Permit for a family daycare home at 1105 Voss Court. The applicant is requesting the CUP for a daycare facility of up to 12 children within this single family dwelling. It's a 7500 square foot parcel and seems to be very well organized and laid out for this particular use. The applicant has 22 years of experience caring for children. Staff sees no reason why it should be denied. Planning Commission sees no reason why it should be denied and we therefore place it on consent. Thank you, Mr. Wall. Mr. Wall: Thank you. The next item on the consent agenda is item number 10. Is there a representative for this item? Okay. Madam Clerk: Mr. Wall there is, she had signed, Diana Buhrmann had signed up virtually, but she is not online. So is Diana Buhrmann here? 2 Mr. Wall: Okay. Is there any opposition for this to be on the consent agenda? Okay, hearing none, we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you, Mr. Wall. The applicant is requesting a Conditional Use Permit for a family daycare home to care for up to 12 children within a single family dwelling. The 5401 square foot parcel is zoned PD-H1 planned unit development and is located in the Magic Hollow neighborhood at 998 Boughton Way in the Rose Hall District. This request for a Conditional Use Permit in staffs opinion is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff finds the property to be well organized and well kept; successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. For these reasons, staff recommends approval and Planning Commission agrees with this recommendation. Therefore we have placed it on the consent agenda. Mr. Wall: Thank you, Mr. Graham. So that ends the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permit for Short-Term Rental on the consent agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition and that includes agenda items number 15, 17 and 20. Those were the last items on the consent agenda. I move for approval of agenda items 1, 4, 9, 10, 15, 17, and 20. We have a motion. Do we have a second? Ms. Klein: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Ms. Klein. Mr. Redmond: Mr. Chairman. Mr. Weiner: I'm sorry. Go ahead. That's right. Mr. Redmond: Number one, I am abstaining on agenda item number 8, for the same reason as before, there's work colleague of mine who is a member of the partnership that owns this property and so that's just too close for comfort. I also am abstaining on all of the short-term rental applications. I have a letter on file with the City Attorney's Office, I have a client who's in the travel industry, and that too, is too close for comfort. So I do not vote on short-term rental applications or ordinances. Thank you. Ms. Wilson: Mr. Graham? Mr. Weiner: Anybody else? 3 Ms. Wilson: You have a letter on file saying that you will abstain from all short-term rental applications, has that changed? Mr. Graham: Yes, ma'am that has been withdrawn. Ms. Wilson: Okay. And you will now vote on those applications? Mr. Graham: That is correct. I do not have a conflict. Ms. Wilson: Thank you. Mr. Weiner: Thank you. Ready to vote? Madam Clerk: Yes, sir. Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent Mr. Inman is absent. Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond? Mr. Redmond:Aye. Madam Clerk: Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. 4 Madam Clerk: By recorded vote of eight in favor and zero against agenda items 1, 4, 9, and 10 have been approved. Agenda items 15, 17 and 20 by recorded vote of seven in favor, zero against with one abstention have been approved by consent. AYE 8 NAY 0 ABS 0 ` ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 5 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 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for mare than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. -(...)(4))69s4A C-t- . 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State license with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request.You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, .../ortz5„..._ 4.Nl Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. - 5;S,, +•,;C.‘0C .,FlCtC (•r/ .�lvt t , i Y-o,\t.,‘ v-au'¢,rt= -= -- _ Ikr.Goic3 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent.You will also see an orange notice placed in my yard by April 12,notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. A- 41 lAck (/ vy (foss C - 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, \V,(ILV;UO - Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. �v' pop o l JQ ? ill233 CT 4/5/2021 To My Neighbor. I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, ‘.1c\\ Ut' Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. 1\D`\ BOSS C-01-A-r" V'+-rk \IF 3L1 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you. Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. ilouvAe7 1112 U.L c,/ Cf4, l 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Vass Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent.You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you. Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. 1 f\J p 13 VO55 V 23Lt 4/5/2021 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. cl) ( ,c( t '«c ///6 v vs s COr/ v4 /3(w, vfl 23 75 7_ /5-_9(p�� 4/5/2D21 To My Neighbor: I, Mistie Wood, residing at 1105 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State License with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, 1 k-)Wa Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. ili7 j ,,,t C ‘ • I IA un- ;t-(-)I N , �t. I l 4/5/2021 To My Neighbor: I, Mistie Wood, residing at I1D5 Voss Court, have submitted a proposal to the City of Virginia Beach requesting a Conditional Use Permit. The request is to continue to use my residence as a Family Home Daycare but to increase the number of children allowed in my care. I am applying for a State license with the Department of Social Services to provide care for up to 12 children and have requested a Conditional Use Permit to use my residence for more than 4 children and up to 12 children. This letter is to notify you of my request. You may also receive a certified letter from the city stating my intent. You will also see an orange notice placed in my yard by April 12, notifying you of my intent. Thank you for your time and I hope to receive your support. Thank you, A*-54:(n 11X-- Mistie Wood If you are in support of my proposal and my use of a Conditional Use Permit, please sign below and include your name and address. cdAt : J , I ? / "LL If Y / I F. , ' " ant , �� E. ,:Y,,:.: CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTIONS 210.2, 212, 215, 216, AND 217 OF THE CITY ZONING ORDINANCE PERTAINING TO SIGNS AND BILLBOARDS MEETING DATE: June 15, 2021 • Background: The purpose of this Ordinance is to modify the City Zoning Ordinance to make the sign regulations content neutral and consistent with recent court decisions. In summary, the content of the sign cannot be used to regulate the signage permitted on a piece of property. This proposed ordinance will make three modifications. First, the current ordinance prohibits outdoor advertising signs (billboards) due to their content. This ordinance now allows any signage (regardless of on or off- premise content), provided they meet the dimensional requirements for a freestanding sing in the zoning district in which the property is located. Secondly, the ordinance removes the Zoning Administrator's ability to approve alterations to nonconforming signs so long as the nonconformity is reduced. This will now only be authorized by City Council. Lastly, this ordinance limits electronic signs to two specific situations: the first situation is at Major Entertainment Venues requiring a Conditional Use Permit, and second situation is at establishments where fuel is dispensed. • Considerations: This ordinance will make the Zoning Ordinance consistent with recent court decisions regarding making sign regulations content neutral. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Sign Regulations Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �� Submitting Department/Agency: Planning Department '��� City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 210.2, 2 212, 215, 216, AND 217 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO SIGNS AND 4 BILLBOARDS 5 6 Sections Amended: City Zoning Ordinance 7 Sections 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 210.2, 212, 215, 216, and 217 of the City Zoning Ordinance are 16 hereby amended and reordained to read as follows: 17 18 Sec. 210. Purpose and intent; findings. 19 20 (a) Purpose and intent. The purpose and intent of this part B of Article 2 is to regulate 21 the size, number, color, illumination, movement, materials, location, height, condition 22 and other physical characteristics, but not the content, of signs, thus promoting the 23 protection of property values, the character of the various neighborhoods within the 24 city, the creation ana maintenance of a convenient, attractive and harmonious 25 community and the safety and welfare of pedestrians and wheeled traffic, in a manner 26 consistent with the constitutional guarantee of free speech. These regulations 27 attempt to achieve the proper balance among the commercial needs of businesses, 28 the needs of residents and visitors to be able to locate a business and find a desired 29 product, the rights of persons to exercise their First Amendment rights and the need 30 to create and preserve a visual environment that is conducive to the public health, 31 safety and welfare. 32 33 (b) Findings. The city council finds that: 34 35 (1) Signs have a strong visual impact on the character and quality of a community. 36 They are an integral part of the cityscape and, as such, can enhance or detract 37 from the city's image and character. As a prominent part of the cityscape, they 38 can attract or repel the viewer, affect the safety of pedestrian and vehicular 39 traffic. Their suitability or appropriateness helps to define the way in which a 40 community is perceived; 41 (2) The appearance of a community is an important factor in its economic well- 42 being, as aesthetic considerations influence economic value. Communities in 43 which signage is orderly and attractive and adequately serves the needs of 44 businesses are generally perceived as orderly and attractive; 1 45 (3) The primary function of a commercial sign is to provide identification for a 46 business. By helping consumers recognize that they have arrived at their 47 intended destination or by triggering an impulse to make a purchase, signs help 48 facilitate consumer transactions that allow businesses to be successful. 49 Successful businesses make for vital local economies and a stable tax base; 50 and 51 (4) As the United States Supreme Court has noted, signs "take up space and may 52 obstruct views, distract motorists, displace alternative uses for land, and pose 53 other problems that legitimately call for regulation." It is therefore important that 54 the city regulate signage in a manner that minimizes the adverse impacts of 55 signage while at the same time allowing signs to perform their primary functions. 56 57 Sec. 210.01. General regulations. 58 59 (a) The regulations set forth in this part shall apply to signs in all zoning districts, 60 including zoning districts listed in section 102(a)(13). 61 62 (b) Any permitted sign may display any lawful noncommercial message in lieu of any 63 other message; provided, however, that any such sign shall conform to all applicable 64 requirements pertaining to such sign, including, but not limited to, size, height, 65 duration, location, movement, materials and illumination. 66 67 (c) For purposes of determining the number of signs on a lot or zoning lot, one (1) sign 68 shall be considered to be a display or device containing elements organized, related, 69 and composed to form a single unit. Double-faced signs shall be considered a single 70 sign, provided that the faces are parallel or are not separated by an angle greater 71 than fifteen (15) degrees and are part of the same structure. 72 73 (d) The area of a sign shall be deemed to include the entire surface area within a 74 parallelogram, triangle, circle, semicircle or other regular geometric figure, including 75 all of the elements of the matter displayed, and other information, including 76 changeable copy and graphic displays, but not including blank masking, frames or 77 structural elements outside the sign surface and bearing no advertising matter or 78 other message. The area of each face of a double-faced sign shall be included in 79 determining the area of such sign. 80 81 (e) Except for marquee signs on buildings occupied by theaters, cinemas, performing 82 arts facilities or similar venues, or as may be allowed by section 218 (major 83 entertainment venues), no sign shall consist of or contain more than two (2) faces. 84 85 (f) Where the regulations of a zoning district prescribe signage allowances or permitted 86 sign types within the district, such signage shall be deemed to be in addition to 87 signage allowed by the provisions of section 211 and signage allowed on public 88 property by applicable provisions of Chapter 3 or Chapter 33. 89 2 90 (g) Where an individual establishment not on a separate lot directly adjoining a street is 91 located in a shopping center within a district in which sign area allowances are 92 determined by the linear distance of street frontage or lot line adjoining a street but 93 not constituting frontage, the sign area allowances of such establishment shall be 94 calculated on the basis of its occupancy frontage, which shall be treated for such 95 purposes as if it were street frontage. 96 97 Sec. 210.1. Sign permits. 98 99 Except as otherwise provided, no sign shall be erected, constructed, replaced, 100 repaired, repainted or otherwise displayed, unless a permit authorizing the same has 101 been issued by the zoning administrator. Fees for such permits shall be as set forth in 102 section 8-31 of the City Code. Applications for sign permits shall be made to the zoning 103 administrator, who may require such plans, diagrams and other information as may be 104 necessary to determine whether a proposed sign complies with the provisions of this 105 ordinance, the Virginia Uniform Statewide Building Code and any other applicable 106 ordinance or regulation. 107 108 The zoning administrator shall approve or deny an application within thirty (30) 109 days of its submittal; provided, however, that if the application or accompanying 110 information is insufficient to allow a determination of compliance, he shall notify the 111 applicant and shall, in such case, approve or deny an application within thirty (30) days 112 of the date of submittal of all required information. Any application meeting the 113 requirements of this ordinance and other applicable provisions shall be approved, and 114 any application not meeting all applicable requirements shall be denied with a statement 115 of reasons for such denial. 116 117 Sec. 210.2. Definitions. 118 119 The following definitions shall apply to all regulations pertaining to signs in this 120 ordinance, including regulations governing signs in zoning districts listed in section 121 102(a)(13): 122 123 Awning sign. A sign painted, sewn or otherwise affixed to the surface of an awning. 124 For purposes of this definition, an awning is a sheet of canvas or other material stretched 125 on a frame affixed to and projecting from a building or structure and used to keep the sun 126 or rain off of a storefront, window, doorway or deck. 127 128 Banner sign. A sign consisting of cloth displaying a message. 129 130 , ' supporting sign structure, that advcrtiscs or directs 131 the attention of the general public to an establishment, business, product or service that 132 is located on a separate site from the billboard, but not including roadside guide signs, 133 134 3 135 Building crown sign. A wall sign mounted at least three-fourths (3/4) of the distance 136 from ground level to the top of a building no less than thirty-two (32) feet in height. 137 138 Building frontage means the exterior length of that portion of a building occupied 139 exclusively by a single establishment. 140 141 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar 142 material panels that may or may not be internally illuminated. The sign panels may be 143 either flat or shaped (pan face) and are attached to a metal frame (cabinet). 144 145 Canopy sign. A sign permanently affixed to a building canopy. For purposes of this 146 definition, a canopy is a rigid structure projecting from a building or structure and used to 147 keep the sun or rain off of a storefront, window, doorway or deck. 148 149 Changeable copy. Informational content, such as removable lettering, that can be 150 readily altered by manual means. Changeable copy does not include electronic displays. 151 152 Channel lettering. A component of a sign consisting of letters and symbols 153 constructed and assembled as individual pieces, whether such pieces are individually 154 mounted or grouped together. 155 156 Electronic displays. A component of a sign containing light emitting diodes (LEDs), 157 fiber optics, light bulbs, plasma display screens or other illumination devices, or a series 158 of vertical or horizontal slats or cylinders that are capable of being rotated at intervals, 159 that are used to change the messages, intensity of light or colors displayed by such sign. 160 The term shall not include signs on which lights or other illumination devices display only 161 the temperature or time of day in alternating cycles of not less than five (5) seconds. 162 163 Freestanding sign. A sign supported by structures or supports that are independent 164 of any building or other structure. 165 166 Hanging sign. A sign that hangs from a soffit or other architectural feature of a 167 building or permanent structure or from a bracket affixed to a building wall. 168 169 Information board sign. A sign mounted within a display cabinet located in close 170 proximity to the entrance to a building. 171 172 Major tenant. A single establishment that occupies the space in a building with a 173 building wall height of at least thirty-five (35) feet and with at least one (1) continuous wall 174 containing at least eighty (80) feet of building frontage. 175 176 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of this 177 article, a marquee is a covered structure projecting from and supported by the building 178 with independent roof and drainage provisions and which is erected over a doorway or 179 doorways. 180 4 181 Monument sign. A freestanding sign supported primarily by internal structural 182 framework or integrated into landscaping or other solid structural features other than 183 support poles, the base of which is at least seventy-five (75) percent of the total width of 184 the sign. Monument signs have the following additional characteristics: 185 186 (a) The width of the base does not exceed twice the height of the total sign structure 187 and does not extend more than one (1) foot beyond either outside edge of the 188 face of the sign; 189 (b) The height of the base is between eighteen (18) inches and four (4) feet; and 190 (c) The maximum height of the sign, as measured from ground level, does not 191 exceed eight (8) feet. 192 193 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon, other 194 noble gases or phosphors, bent to form letters, symbols or other shapes. 195 196 Outdoor Advertising Sign. A sign and siqn structure existing prior to February 9, 197 1987 providing displays or display space for general advertising. Such signs, commonly 198 referred to as "billboards," are generally designed so that the copy or poster on the sign 199 can be changed frequently and the advertising space is for lease. 200 201 Occupancy frontage. The exterior length of that portion of a building occupied by a 202 retail, office or other nonresidential use having at least one (1) exterior public entrance. 03 204 Projecting or blade sign. A sign that projects from and is supported by a wall or 205 parapet of a building with the display surface of the sign in a plane perpendicular to the 206 wall surface to which it is affixed. 207 208 Sandwich board or A-frame sign. A two-sided portable sign, hinged or attached at 209 the top of the sign panels. 210 211 Sign. Any structure, display, device or other object or thing, visible from any public 212 street or right-of-way, any area open to use by the general public, or any navigable body 213 of water, including, but not limited to, any word, letter, series of words or letters, painting, 214 mural, logo, insignia, emblem, service mark or other graphic or pictorial representation, 215 that: (i) identifies or advertises, or directs or attracts attention to, any product, 216 merchandise, service, business or establishment, (ii) suggests the identity or nature of 217 any business or establishment, (iii) invites or proposes a commercial transaction, or (iv) 218 communicates a message of a noncommercial nature. The term does not include 219 architectural elements incorporated into the style or function of a building, numerals 220 signifying a property address, dates of erection, monumental citations, commemorative 221 tablets and the like when carved into stone, concrete or similar material or made of 222 bronze, aluminum or other permanent type construction and made an integral part of the 223 structure. 224 225 Table umbrella sign. A sign that is part of the fabric, or affixed to the pole, of a table 226 umbrella. 5 227 228 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or 229 other lightweight material designed to be displayed and removed within a limited period 230 of time and neither permanently installed in the ground nor permanently affixed to a 231 building or structure permanently installed in the ground. 232 233 Traffic direction sign. A sign, whether temporary or permanent, oriented primarily so 234 as to be visible to vehicles entering the premises on which such sign is located. 235 236 Wall sign. A sign attached to or painted on the wall of a building or structure in a 237 plane parallel or approximately parallel to the plane of said wall. 238 239 Window sign. A sign posted, painted, placed, or affixed in or on a window exposed 240 to public view. An interior sign that faces a window exposed to public view and that is 241 located within three (3) feet of the window shall be considered a window sign. 242 243 Sec. 211. Signs permitted in all districts. 244 245 The following types of signs are exempted from all of the provisions of this 246 ordinance, except for illumination, construction, and safety regulations and the following 247 standards: 248 249 (a) Reserved. 25C 251 (b) Temporary signs. 252 253 (1) Temporary signs at the site of any public, charitable, educational, religious 254 or other noncommercial event or function, located entirely upon the property 255 on which such event or function is held. Such signs shall be (i) set back no 256 less than seven (7) feet from the property line; (ii) no greater than thirty-two 257 (32) square feet in area; (iii) allowed no more than thirty (30) days prior to 258 the event or function and (iv) removed within seven (7) days after the 259 conclusion of the event or function. Such signs may be illuminated in 260 accordance with the restrictions set forth in section 213 hereof. If building- 261 mounted, such signs shall be flat wall signs and shall not project above the 262 roofline of the building to which they are affixed. If freestanding, the height 263 of any such sign shall be no more than twelve (12) feet above ground level. 264 (2) Temporary signs of a commercial nature at the site of any business 265 establishment holding a grand opening or other special event or promotion, 266 subject to the limitations set forth in subdivision (1) hereof. Such signs shall 267 not be displayed more than three (3) times per year at any business 268 establishment, or for any period in excess of seven (7) days. 269 (3) Temporary signs displayed upon balloons, subject to the requirements of 270 subdivision (2) hereof, provided, however, that balloons displaying such 271 signs may, if affixed to the roof of a building or structure, project no more 272 than thirty (30) feet above the roofline or, if affixed to the ground, have a 6 273 height not exceeding thirty (30) feet from ground level. Such signs shall not 274 exceed seventy-five (75) square feet in surface area. 275 (4) Temporary signs erected by civic leagues or property owners' associations 276 that are holding or have scheduled a meeting or event, provided that such 277 signs shall be located on property owned by the civic league or property 278 owners' association holding the meeting or event. Such signs shall be no 279 greater than thirty-two (32) square feet in area. No more than one (1) such 280 sign shall be permitted at each entrance to the neighborhood or subdivision 281 represented by the civic league or property owners' association. Such signs 282 shall be in place for no more than fourteen (14) days before the meeting or 283 event or three (3) days after the meeting or event has been held. Such signs 284 may be illuminated in accordance with the restrictions set forth in section 285 213. 286 (5) Temporary signs other than those allowed by the provisions of subdivisions 287 (1) through (4), subject to the following provisions: 288 289 a. Within a Preservation, Agricultural, Residential, Apartment, or Historic 290 and Cultural District, or a noncommercial area of a PD-H1 or PD-H2 291 Planned Development District, a total of sixteen (16) square feet of 292 temporary signage shall be allowed on a lot. Within all other districts, a 293 total of thirty-two (32) square feet of temporary signage shall be allowed 294 on a lot. No such sign shall be higher than eight (8) feet above grade 295 directly below such sign. 296 297 (c) Reserved. 298 299 (d) Private traffic direction signs not exceeding four(4) square feet in area. One (1) such 300 sign shall be permitted at each entrance or exit and at drive-through lanes. 301 302 (e) Reserved. 303 304 (f) Reserved. 305 306 (g) Construction signs. One (1) sign not exceeding thirty-two (32) square feet in area on 307 each roadway frontage adjoining an active construction site during the time 308 construction at such site or is actively under way. Such signs shall set back no less 309 than ten (10) feet from any property line. 310 311 (h) Reserved. 312 313 (i) Reserved. 314 315 (j) Signs for public schools or private schools having curriculums similar to public 316 schools:The following signs shall be permitted for public schools and private schools 317 having curriculums similar to public schools: 318 319 (1) Wall signs. A maximum of two (2)wall signs for each building wall facing a public 320 street, as prescribed below: 321 a. One (1) square foot of wall signage for every two (2) linear feet of each 322 building wall facing a public street, not to exceed one hundred (100) square 323 feet for each such wall, provided that signage on any building wall located 324 five hundred (500) feet or more from a public street shall not exceed two 325 hundred fifty (250) square feet. 326 327 (2) Freestanding monument signs, as prescribed below: 328 a. For schools located on lots less than fifteen (15) acres in area, one (1) 329 freestanding monument sign with a maximum of two (2) faces of forty (40) 330 square feet per face. 331 b. For schools located on lots fifteen (15) acres or more in area, a maximum 332 of one (1) freestanding monument sign no greater than forty (40) feet per 333 face in area per abutting street, located at the principal vehicular entrance 334 from each street. 335 c. No freestanding monument sign shall be installed within fifty (50) feet of a 336 residential use. 337 338 (k) Reserved. 339 340 (I) Construction fence signs. Signs on temporary protective fencing erected around a 341 site at which demolition or construction is being carried on shall be allowed, subject 342 to the following ;c:-.;u;; .- nts: 343 344 (1) Signs consisting of banners, wraps or similar material shall be securely affixed 345 to the fence on which they are located, and any portions of a sign that become 346 partially detached shall be promptly re-affixed to the fence; and 347 (2) Signs and the fencing to which they are affixed shall be maintained in good 348 condition at all times and graffiti or other forms of defacement shall be removed 349 or repaired promptly. 350 351 (m) Signs for city-owned parks and recreation centers. The following signs shall be 352 permitted for city-owned parks and recreation centers: 353 354 (1) Wall Signs. City-owned parks and recreation centers may have a maximum of 355 two (2) wall signs for each building wall facing a public street, as prescribed 356 below: 357 358 a. One (1) square foot of wall signage for every two (2) linear feet of each 359 building wall facing a public street. Said signage shall not exceed a 360 maximum of one hundred (100) square feet for each such wall. 361 b. Any building wall located five hundred (500)feet or more from a public street 362 shall not exceed a maximum of two hundred and fifty (250) square feet of 363 signage for each such wall. 364 8 365 (2) Freestanding Signs. City-owned parks and recreation centers may have 366 freestanding monument signs as prescribed below: 367 368 a. Any city-owned park or recreation center located on a lot with an area less 369 than fifteen (15) acres shall be permitted one (1) freestanding monument 370 sign with a maximum of two (2) faces of forty (40) square feet per face. 371 b. Any city-owned park or recreation center located on a lot with an area of 372 fifteen (15) acres or more in size shall be permitted one (1) freestanding 373 monument sign per street, located at the principal vehicular entrance of 374 each street. In no case, shall there be more than one (1) freestanding 375 monument sign on each street. Each sign shall not exceed a maximum of 376 two (2) faces of forty (40) square feet per face. 377 378 c. No freestanding monument sign shall be installed within fifty (50) feet of a 379 residential use. 380 381 Sec. 212. Prohibited signs. 382 383 Except as otherwise provided, the following signs are prohibited: 384 385 (a) Signs that imitate an official traffic sign or signal or contain the words "stop," "go 386 slow," "caution," "danger," "warning," or words of similar import, except as 387 provided in section 211(d). 388 389 (b) Signs that, by reason of their size, location, movement, content, coloring, or 390 manner of illumination, are likely to be confused with or construed as a traffic- 391 control device, or that obscure any traffic or street sign or signal or obstruct the 392 view in any direction at a street intersection. 393 394 (c) Signs on any public property in any zoning district, except as otherwise expressly 395 allowed. 396 397 398 399 400 Reserved. 401 402 (e) Signs that contain or consist of pennants, ribbons, streamers, spinners, strings 403 of light bulbs, or other similar moving devices. Such devices, when not part of 404 any sign, are also prohibited when intended to attract attention to the 405 establishment on which they are located. 406 407 (f) Signs posted on or otherwise affixed to utility poles, trees, or fences, or in an 408 unauthorized manner to walls or other signs. 409 410 (g) Signs advertising activities that are illegal. 9 411 412 (h) Reserved. 413 414 (i) All portable or nonstructural signs, except as temporary signs as may be 415 expressly allowed. For purposes of this ordinance, a sign shall be considered as 416 portable or nonstructural if it has no permanently mounted, self-supporting 417 structure or is not an integral part of a building to which it is accessory. 418 419 (j) Reserved. 420 421 (k) Except as otherwise provided, signs projecting above the roofline or to a height 422 greater than three-fourths (%) of the vertical distance between the eaveline and 423 ridgeline of the roof of the building or structure on which they are located; 424 provided, however, that signs mounted on parapet walls may extend to a height 425 equal to, but no greater than, the height of the parapet wall. 426 427 (I) Reserved. 428 429 (m) Electronic display signs, except as expressly allowed by the city council in 430 conjunction with major entertainment venues or as otherwise provided in ccction 431 217 this ordinance. 432 433 (n) Any sign that emits sound, smoke, vapor, particles, or odors. 434 435 (o) Any sign larger in any respect than allowed in the zoning district in which the 436 sign is located. 437 438 Sec. 213. Illumination. 439 440 (a) The light from any illuminated sign shall be so shaded, shielded or directed that the 441 light intensity or brightness shall not adversely affect surrounding or facing premises 442 nor adversely affect safe vision of operators of vehicles moving on public or private 443 roads, highways, or parking areas. Light shall not shine or reflect in an offensive 444 manner on or into residential structures, including motels. 445 446 (b) No exposed reflective type bulbs or incandescent lamps shall be used on the exterior 447 surface of any sign in such a manner that will cause offensive glare on adjacent 448 property or create a traffic hazard. 449 450 (c) No sign shall contain or consist of blinking, flashing or intermittent lights or similar 451 illuminating devices, whether or not such devices constitute a public safety or traffic 452 hazard. 453 454 Sec. 214. Sign height, setback and landscaping. 455 10 456 (a) No freestanding sign shall exceed twelve (12) feet in height from ground level at the 457 base of such sign. 458 459 (b) No freestanding sign shall be set back less than seven (7) feet from any existing 460 public right-of-way; provided, however, that a freestanding sign having a height of 461 eight (8) feet or less may be set back five (5) feet from any such right-of-way. The 462 minimum sign setback from interstate roadways and expressways designated by the 463 city council shall be one hundred (100) feet. 464 465 (c) A minimum of seventy-five (75) square feet of planted area shall be provided around 466 any freestanding sign, in accordance with the following requirements: 467 468 (1) Planting materials shall include a combination of grass, ground cover and low 469 shrubs not exceeding a height of three (3) feet at maturity or design elements 470 used in conjunction with the sign, not exceeding the three (3) foot height limit; 471 (2) All plant materials shall be placed in a defined planting area, which shall be a 472 minimum of six (6)feet in width and shall be maintained so as not to obstruct the 473 view of the sign face on either side; 474 (3) All plant materials shall be subject to the approval of the planning director or his 475 designee in accordance with established industry standards; 476 (4) Landscaping shall be compatible with parking lot plantings in order to help 477 achieve the goal of a unified project design; and 478 (5) Landscaping shall be included as a credit in the calculation of any required 479 parking lot landscaping as specified in Section 5^, of the ;te Plan Ordinance 480 (Parking Lot and Foundation Landscaping). 481 482 (d) Freestanding signs, including replacements of sign faces, shall display the street 483 number of the property upon which the sign is located. Such display shall consist of 484 numerals no larger than twelve (12) inches and no less than six (6) inches in height 485 and shall be located within, but not extended above, the top portion of the face of the 486 sign, unless impractical. The portion of the sign displaying the street number shall 487 not be deemed a part of the sign for purposes of measuring the surface area of such. 488 489 Sec. 215. Nonconforming signs. 490 491 (a) Notwithstanding the provisions of section 105(f) of this ordinance, no nonconforming 492 sign shall be structurally altered, enlarged, moved or replaced, whether voluntarily or 493 by reason of involuntary damage to or destruction of such sign, unless such sign is 494 brought into compliance with the provisions of this ordinance or is specifically allowed 495 by City Council in accordance with the provisions of section 105.. Except as provided 496 in section 216, no nonconforming sign shall be repaired at a cost in excess of fifty 497 (50) percent of its original cost unless such sign is caused to comply with the 498 provisions of this ordinance. Any nonconforming sign in an unsafe condition shall be 499 removed. 500 11 501 (b) Any nonconforming sign that has been abandoned for a period of two years or longer 502 shall be removed by the owner of the property on which the sign is located, after 503 notification by the zoning administrator. If, following such two-year period, the zoning 504 administrator has made a reasonable attempt to notify the property owner, the city 505 through its own agents or employees may enter the property upon which the sign is 506 located and removed any such sign wherever the owner has refused to do so. The 507 cost of such removal shall be chargeable to the owner of the property. Nothing herein 508 shall prevent the city from applying to a court of competent jurisdiction for an order 509 requiring the removal of such abandoned nonconforming sign by the owner by means 510 of injunction or other appropriated remedy. For purposes of this section, a sign shall 511 be deemed to be abandoned if the business for which the sign was erected has not 512 been in operation for a period of at least two (2) years. 513 514 (c) Notwithstanding the provisions of subsection (a) fhereofrvf,t e zoning administrator 515 may, at his discretion and with the concurrence of the director of planning, City 516 Council may vary the requirements of this ordinance pertaining to the allowed number 517 of signs, total sign area, individual sign area, number of freestanding signs and height 518 of freestanding signs in cases in which the owner of a sign or other proper party 519 desires to repair, replace, relocate or structurally alter an existing nonconforming sign 520 or combination of signs and such repair, replacement, relocation or structural 521 alteration is not required, or has not been made necessary, by reason of damage, 522 destruction, deterioration, disrepair or noncompliance with applicable building code 523 standards or any of the provisions of this ordinance. 524 525 (d) Nothing in this section shall be construed to limit or otherwise impair the right of any 526 proper party to apply to the board of zoning appeals for a variance from any of the ,27 sign regulations set forth in this ordinance. 528 529 (e) The repair of nonconforming outdoor advertising signs visible from the main traveled 530 way of any interstate highway, federal-aid primary highway, as that system existed 531 on June 1, 1991, or national highway system highway shall be governed by the 532 provisions of Code of Virginia, § 33.2-1219, the regulations promulgated thereunder 533 or any successor statute or regulation. No building permit authorizing the repair of 534 any such outdoor advertising sign shall be issued unless the owner of the outdoor 535 advertising sign provides to the building codes administrator a letter from the 536 commonwealth transportation commissioner approving the proposed repairs. In the 537 event the building codes administrator determines that the cost of the proposed 538 repairs exceeds fifty (50) percent of the replacement cost of the outdoor advertising 539 sign, he shall, within thirty (30) days of the filing of the building permit application, 540 submit an objection to the determination of the commissioner, together with 541 documentation supporting such objection. A copy of such objection and 542 documentation shall be provided to the outdoor advertising sign owner. The 543 determination of the commissioner upon reconsideration shall be binding. 544 12 545 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 546 panels. 547 548 (a) 549 550 billboard heretofore erected shall be located, in whole or in part, upon improved 551 property. All outdoor advertising signs shall comply with the dimensional regulations 552 and setbacks of this ordinance that are applicable for freestanding signs in the zoning 553 district in which the sign is located, with the addition of the requirements listed below. 554 555 (b) No billboard outdoor advertising sign shall be located within five hundred (500) feet 556 of an interchange, or intersection at grade, on any highway, interstate or city council 557 designated expressway (measured along the highway, interstate or expressway to 558 the nearest point of the beginning or ending of pavement widening at the exit from or 559 entrance to the main traveled way). On all other streets, no billboard shall be located 560 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge 561 or tunnel or a plaza serving such facility. 562 563 (c) No billboard outdoor advertising sign shall be located within: (i) fifty (50) feet of any 564 property line; (ii) six hundred sixty (660) feet of the right-of-way line of any interstate 565 or expressway designated by city council; (iii) twenty-five (25) feet of the right-of-way 566 of any other street; or (iv) two hundred (200) feet of any residential or apartment 567 zoning district. No billboard shall be located upon any lot having a street frontage of 568 less than two hundred (200) feet and an area of less than ten thousand (10,000) 569 square feet. 570 571 (d) The repair of lawfully nonconforming billboards visible from the main traveled way of 572 573 1, 1991, or national highway system highway shall be governed by the provisions of 574 Code of Virginia, § 33.2 1219, the regulations promulgated thereunder or any 575 576 billboard shall be-issued unleos the owner of the billboard provides to the building 577 578 approving the proposed repairs. In the event the building codes administrator 579 determines that the cost of the proposed repairs exceeds fifty (50) percent of the 580 replacement cost of the billboard, he shall, within thirty (30) days of the filing of the 581 building nr rmit application sf,hmit nn nhin nn to the det rmination otee vurTaTR9���-rrn-r-aPFTTca-�vrr�a c vr,--cv�rr��r �. 582 commiosioner, together with documentation supporting such objection. A copy of 583 such objection and documentation shall be provided to the billboard owner. The 584 determination of the commi°sioner upon reconsideration shall be binding. 585 586 Sec. 217. Electronic displays of motor vehicle fuel prices by automobile service 587 stations. 588 589 Motor vehicle fuel prices may be displayed on an electronic display sign Any parcel 590 operated as an automobile service station and is engaged in the sale of motor vehicle 13 591 fuel shall be permitted electronic display on the allowable freestanding signage, subject 592 to the following requirements: 593 594 (a) Such signs shall be allowed only pursuant to a conditional use permit authorizing 595 an automobile service station at which motor vehicle fuels are offered for sale or at 596 establishments for which a conditional use permit allowing such fuel sales has previously 597 been granted and remains in effect. 598 599 (b) Such signs shall conform to the following requirements: 600 601 (1) No more than one such sign shall be permitted on any zoning lot; 602 (2) Such signs shall be monument-style, as defined in section 210.2, and no 603 such sign, including the base, shall exceed a height of eight (8) feet; 604 (3) No such sign shall have more than three (3) separate panels capable of 605 displaying information electronically_, and each such panel shall be limited 606 to the display of a single grade of fuel. The total area of the portion of that 607 sign that is capable of electronic displays shall not exceed twelve (12) 608 square feet in area; 609 (4) The pixel pitch of the electronic display portion of such signs shall be 610 nineteen (19) millimeters or smaller; 611 (5) Fuel pricc: Electronic displays shall not be changed more often than two 612 (2)times in any twenty-four(24) hour period, and scrolling, flashing, blinking 613 or any other type of intermittent movement or illumination of elements of the 614 electronic display shall be prohibited. Change sequences shall be 615 accomplished by means of instantaneous re-pixelization; 616 (6) Electronic displays shall consist of no more than two (2) colors; 617 (7) Audio speakers on, or electronically connected to, such signs shall not be 618 permitted; 619 (8) Such signs shall not exceed a maximum illumination of five thousand 620 (5,000) candelas per square meter from sunrise to sunset or five hundred 621 (500) candelas per square meter between sunset and sunrise, as measured 622 from the sign face at maximum brightness, and shall be equipped with a 623 working dimmer control device capable of automatically reducing the 624 illumination to the required sunset-to-sunrise level. Prior to the issuance of 625 a sign permit, the applicant shall provide written certification from the sign 626 manufacturer that the light intensity has been factory pre-set not to exceed 627 the maximum intensity level; and 628 (9) The electrical service lines providing power to such signs shall be 629 underground. 630 631 Sec. 218. Major entertainment venue and major retail signs. 632 633 Signage for major entertainment venues and major retail venues, other than 634 signage otherwise allowed, shall be allowed only with the approval of the City Council 635 and shall be subject to the following requirements: 636 14 637 (a) An application for such signage shall be submitted to the Planning Director by 638 the property owner, contract purchaser with the written consent of the property 639 owner, or the duly authorized agent for the property owner. Applications shall 640 include a fee in the amount of eight hundred dollars ($800.00), and the required 641 plan as described in subsection (b), along with any other information required by 642 the Planning Director. Applications shall be heard by the Planning Commission 643 and the City Council in accordance with the procedures prescribed in 644 subsections (d) and (e) of section 221 of the City Zoning Ordinance. 645 646 (b) The sign plan shall show, in the form and manner specified by the Planning 647 Director, the type, location, setback, size, dimensions and height of all signs, 648 and any other characteristics of or information pertaining to such signage 649 deemed necessary by the Planning Director in order to adequately evaluate the 650 proposed sign plan according to the criteria set forth in subsection (d). Individual 651 banners intended to display special or recurring events or activities shall not be 652 required to be approved separately, but it shall be sufficient that the sign plan 653 show the number, size and location of banners generally. 654 655 (c) Where a sign plan for a major entertainment venue includes electronic display 656 signage, the following additional information shall be provided: 657 658 (1) The pixel pitch of the proposed electronic display signs; 659 (2) Whether such signs will display static or animated text or images, and the 660 dwell time for each display; 661 (3) The maximum and minimum illumination level in candelas per square meter, 662 and the times during which such illumination levels will be used; and 663 (4) In no case shall any electronic display sign contain, or be connected to, 664 audio speakers, and all electrical service lines providing power to such signs 665 shall be underground. 666 (5) Major retail venues shall not be permitted to have electronic display 667 signage. 668 669 (d) The City Council shall consider the following criteria in acting upon an 670 application: 671 672 (1) The extent to which the proposed signage is consistent with applicable sign 673 regulations and Sign Design Guidelines, if any, of the district; 674 (2) The extent to which the proposed signage is consistent with the 675 recommendations of the Comprehensive Plan; 676 (3) The extent to which the scale, color, materials, shape, illumination and 677 landscaping of the proposed signage, considered as a whole, is compatible 678 with surrounding properties; 679 (4) The impact of the proposed signage on traffic safety, taking into 680 consideration the degree to which view obstructions are created or 681 improved, avoidance of confusion with or obstruction of traffic control signs 682 and devices, and other safety-related factors; and 15 683 (5) The degree to which the proposed signage is integrated into a unified 684 development concept, considering the building design, other signs, 685 landscaping, traffic circulation, and other development features of the 686 property. 687 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: /-9111c; e7>hm)__A Planning Department City Attorne ' Office CA15378 R-3 May 10, 2021 16 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing May 12, 2021 Sign Ordinance Amendments Virginia Beach Request An Ordinance to amend Sections 210.2, 212, 215, 216,and 217 of the City Zoning Ordinance pertaining to signs and billboards. Summary of Referred Ordinances The purpose of this Ordinance is to modify the City Zoning Ordinance regulating the requirements for signage.The goal of this ordinance is to make the sign regulations content neutral and consistent with recent court decisions. In summary, content of a sign cannot be utilized to regulate the signage permitted on a property.The current ordinance prohibits outdoor door advertising signs (billboards) due to their content.This ordinance adjusts the requirements for all "outdoor advertising signs," as well as limiting all signage on properties to the dimensional requirements for a freestanding sign in the zoning district in which the property is located.Additionally,this proposed ordinance removes the Zoning Administrator's ability to approve alterations of a nonconfrming sign so long as the nonconformities are reduced.This provision will now only be approved by City Council. Lastly,this proposed ordinance changes the requirements for electronic signs. Electronic signs would only be permitted in two situations.The first is at major entertainment venues, to which the size is dictated by City Council approval.The second situation is at establishments that dispense fuel. In this case,the site is restricted to one sign. Recommendation Staff recommends approval of this proposed amendment.This amendment will make the City Zoning Ordinance consistent with recent case law by making our Ordinance content neutral with regard to signage. City of Virginia Beach Agenda Item 1 Page 1 Item # 1 City of Virginia Beach—Zoning Ordinance Text Amendment to amend Article 2, Section B-Sign Regulations to comply with recent court decisions regarding the constitutionality of sign regulations. May 12, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr. Wall: Thank you. Okay. Thank you, Mr. Chair. These are applications that are recommended for approval by staff, the Planning Commission concurred. And there are no speakers signed up in opposition. We have four items on the consent agenda today. The first item is agenda item number one by which is going to be presented by city staff. Mr. Kemp: Good afternoon Chairman, Commission. For the record, my name is Kevin Kemp; I am the Zoning Administrator here in Virginia Beach. Item one is an ordinance amendment which modifies the Zoning Ordinance in regards to the sign regulations, particularly making them content neutral and in line with some current court decisions that have been made. What this ordinance does is first changes the regulations for billboards; our current ordinance regulates billboards based on their content.And what I mean by content is a billboard is an offsite sign advertising something not on that site. Well to know if you're advertising something on the site or off the site, you have to read the billboard therefore making it content based. So what this ordinance does is, it makes all outdoor advertising signs, takes billboards out, and any sign is permitted on the site as a free standing sign, but that sign is held to the dimensional standards of what is normally allowed in that Zoning District for freestanding signs. So billboards are not their own use. The second thing that this ordinance does is it removes the Zoning Administrators ability to modify non- conforming signs where in the past if an applicant wished to take non-conforming sign and alter it to make it better, there was an administrative process through my office that that could be done. This now puts that process only by City Council approval. The last thing in the ordinance is in regards to electronic signs and these would only be permitted in two instances. The first are for major entertainment venues. These are venues such as The Aquarium that require City Council approval and therefore City Council would dictate the number of electronic signs and the size and the second instance is for fuel prices.And these would be allowed only on properties that dispense fuel and they would be limited to one sign. Are there any questions? Mr. Weiner: Thank you. Mr. Kemp: Thank you Commission. 1 Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Okay. The next item on the consent agenda is item number - agenda item number four. Is there a representative for this item? Mr. Beaman: Mr. Vice Chair, Members of the Commission for the record, my name is Rob Beaman. I'm a local land use attorney at the Troutman Pepper Law Firm here today on behalf of the applicant for agenda item number four, we've had a chance to read the conditions, they are acceptable and we appreciate being on the consent agenda. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Ms. Klein to read this into the record. Ms. Klein: The applicant is requesting a Conditional Use Permit for a mini warehouse in order to construct a 25,000 square foot indoor self storage facility on this B4 mixed district zoned parcel. A portion of the property contains a parking lot and undeveloped area. The proposed building will be a climate controlled three story mini warehouse building with the total height of 43 feet and it matches the surrounding area. The applicant is seeking a deviation to the required 35 foot front yard setback which staff approves. Based on the consideration staff recommends approval of the application subject to the conditions and the Planning Commission concurs. Mr. Wall: Thank you. The next item on the consent agenda is item number nine. Is there a representative for this item? Okay, seeing none. Is there any opposition for this item to be on the consent agenda? Hearing none. We've asked Mr. Redmond to read this into the record. Mr. Redmond: Excuse me. Thank you, Mr. Wall. This is an application for a Conditional Use Permit for a family daycare home at 1105 Voss Court. The applicant is requesting the CUP for a daycare facility of up to 12 children within this single family dwelling. It's a 7500 square foot parcel and seems to be very well organized and laid out for this particular use. The applicant has 22 years of experience caring for children. Staff sees no reason why it should be denied. Planning Commission sees no reason why it should be denied and we therefore place it on consent. Thank you, Mr. Wall. Mr. Wall: Thank you. The next item on the consent agenda is item number 10. Is there a representative for this item? Okay. Madam Clerk: Mr. Wall there is, she had signed, Diana Buhrmann had signed up virtually, but she is not online. So is Diana Buhrmann here? 2 Mr. Wall: Okay. Is there any opposition for this to be on the consent agenda? Okay, hearing none, we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you, Mr. Wall. The applicant is requesting a Conditional Use Permit for a family daycare home to care for up to 12 children within a single family dwelling. The 5401 square foot parcel is zoned PD-H1 planned unit development and is located in the Magic Hollow neighborhood at 998 Boughton Way in the Rose Hall District. This request for a Conditional Use Permit in staffs opinion is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff finds the property to be well organized and well kept; successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. For these reasons, staff recommends approval and Planning Commission agrees with this recommendation. Therefore we have placed it on the consent agenda. Mr. Wall: Thank you, Mr. Graham. So that ends the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permit for Short-Term Rental on the consent agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition and that includes agenda items number 15, 17 and 20. Those were the last items on the consent agenda. I move for approval of agenda items 1, 4, 9, 10, 15, 17, and 20. We have a motion. Do we have a second? Ms. Klein: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Ms. Klein. Mr. Redmond: Mr. Chairman. Mr. Weiner: I'm sorry. Go ahead. That's right. Mr. Redmond: Number one, I am abstaining on agenda item number 8. for the same reason as before, there's work colleague of mine who is a member of the partnership that owns this property and so that's just too close for comfort. I also am abstaining on all of the short-term rental applications. I have a letter on file with the City Attorney's Office, I have a client who's in the travel industry, and that too, is too close for comfort. So I do not vote on short-term rental applications or ordinances. Thank you. Ms. Wilson: Mr. Graham? Mr. Weiner: Anybody else? 3 Ms. Wilson: You have a letter on file saying that you will abstain from all short-term rental applications, has that changed? Mr. Graham: Yes, ma'am that has been withdrawn. Ms. Wilson: Okay. And you will now vote on those applications? Mr. Graham: That is correct. I do not have a conflict. Ms. Wilson: Thank you. Mr. Weiner: Thank you. Ready to vote? Madam Clerk: Yes, sir. Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent Mr. Inman is absent. Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond? Mr. Redmond:Aye. Madam Clerk: Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. 4 Madam Clerk: By recorded vote of eight in favor and zero against agenda items 1, 4, 9, and 10 have been approved. Agenda items 15, 17 and 20 by recorded vote of seven in favor, zero against with one abstention have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 5 c Nu '� �o f �s ? i6 171 Nam, s CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: AN ORDINANCE TO AMEND SECTION 102 OF THE CITY ZONING ORDINANCE ESTABLISHING SHORT TERM RENTAL OVERLAY DISTRICTS- NORTH END AND OCENFRONT RESORT; AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGNATION AND INCORPORATION OF PROPERTY INTO SHORT TERM RENTAL OVERLAY DISTRICT OR DISTRICT; TO AMEND SECTIONS 401, 501, 601,901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE PERTAINING TO THE REQUIREMENTS AND USE OF SHORT TERM RENTALS AND OVERLAYS; AND AN ORDINANCE TO AMEND SECTION 241.2 OF THE CITY ZONING ORDINANCE, PERTAINING TO SHORT TERM RENTALS AND ESTABLISHING ADDITIONAL SAFETY REQUIREMENTS; AN ORDINANCE TO ADD ARTICLE 23, CONSISTING OF SECTIONS 2300 THROUGH 2303, (SHORT TERM RENTAL OVERLAY DISTRICTS) TO THE CITY ZONING ORDINANCE ESTABLISHING REGULATIONS AND REQUIREMENTS PERTAINING TO SHORT TERM RENTALS IN EACH OVERLAY DISTRICT; ESTABLISHING TRANSITION RULES FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR SHROT TERM RENTALS IN THE SHORT TERM RENTAL OVERLAYS. MEETING DATE: June 15, 2021 • Background: City Council adopted an Ordinance regulating Short Term Rental Use on January 15, 2019. This proposed Ordinance amends the existing regulations to incorporate certain Short Term Rental Overlay Districts, and modifies rules within those specific areas. Additionally, stronger regulations regarding safety requirements are proposed. Six specific amendments are proposed: 1 . Create two overlay districts where Short Term Rental use is permitted; the North End Overlay (Short Term Rentals permitted by Conditional Use Permit) and the Oceanfront Resort Overlay District (Short Term Rentals permitted as a matter of right). 2. Incorporate the Short Term Rental Overlay Districts into the official zoning map (North End - existing area of North End Overlay, without Pirates Cove neighborhood or area west of Holly Road and the entire Oceanfront Resort District as it exists). 3. Amend the zoning land use tables in all applicable zoning districts. City of Virginia Beach — Short Term Rental Overlay Districts Page 2 of 2 4. Add additional safety regulations for all short term rentals. 5. Rules and regulations for Short Term Rentals located within the Overlay Districts. 6. Transition rules for the review of Short Term Rental conditional use permit applications. • Considerations: This Ordinance was referred to the Planning Commission by City Council for consideration on October 20, 2020. The Planning Commission held numerous workshops and public outreach opportunities. The Ordinance was considered on the March Planning Commission agenda, where it was recommended for approval with several modifications from City Council's initial draft. Following a City Council workshop, City Council modified the proposed Ordinance to eliminate the inclusion of overlays in the Shore Drive area, the Hollies neighborhood, and properties zoned Resort Tourist (RT) District. The sponsoring City Council members also revised the rentals to one per seven-day period in the Oceanfront Resort Overlay and requested that on-site inspections as well as rental ledgers reflecting days rented with no identifying information be provided to staff during the Zoning permit process. No changes to the number of rentals per week or occupant load for Short Term Rentals in Sandbridge are proposed. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: On March 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 7-0 • Attachments: Staff Report and STR Workshops Summary Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — EAST SHORE 5 DRIVE, NORTH END AND OCEANFRONT 6 RESORT 7 8 Section Amended: § 102 of the City Zoning 9 Ordinance 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 102 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 102. - Establishment of districts and official zoning maps. 21 22 . . . . 23 24 (al) There are hereby established the following overlay districts: 25 26 (1) Shore Drive Corridor Overlay District("SD"); 27 28 (2) North End Overlay District ("NE"); 29 30 (3) Old Beach Overlay District("OB"); 31 32 (4) Historic Kempsville Area Overlay District ("HK"); 33 34 (5) Workforce Housing Overlay District ("WF"); and 35 36 (6) Short Term Rental Overlay District("STR"). 37 38 a. East Shore Drive ("STR-E" 39 b. North End ("STR-NE") 40 c. Oceanfront Resort ("STR-OR") 41 42 Such districts shall be designated on the official zoning map by an appropriate notation 43 following the designation of the underlying zoning district. As an illustration, property in 44 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 45 designated on the official zoning map as having the classification "B-4(SD)." 46 47 . . . . 48 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: Planning epart ent City Attomey's Office CA15136 R-5 March 12,2021 PLANNING COMMISSION VERSION 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 5 DISTRICTS—EAST SHORE DRIVE, NORTH 6 END; AND OR DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the official zoning map of the City of Virginia Beach be, and hereby is, 15 amended by the designation and incorporation of the areas described below: 16 17 1) That property located in the Shore Drive Overlay District on the east side of the 18 Lesner Bridge and bounded as follows:from the centerline of Shore Drive Gape 19 He -Drive 20 (-6124 1016980000), to tho 21 , then its 22 continuation north along eastern property line of the property addressed 2800 23 Shore Drive (GPIN: 15903180160000) to the Chesapeake Bay; then its 24 continuation east along the Chesapeake Bay to the western property line of 25 First Landing State Park;then its continuation south along the western property 26 line of First Landing State Park; then it's continuation east along the centerline 27 Shore Drive Gape-Henry Drive and depicted by the attached map labeled, 28 "Short Term Rental Overlay-East Shore Drive." 29 30 2) That property located in the North End Overlay and depicted as such on the 31 Official City Zoning Map, and the area from 49th Street east of Atlantic Avenue 32 and 49 1/2 west of Atlantic Avenue to 45th Street (the Hollies except for that 33 area located west of the intersection of Holly Road and 58th Street; south to 34 45th Street as shown by the attached map labeled "Short Term Rental 35 Overlay—North End;" 36 37 3) That property located in the City of Virginia Beach, zoned as Oceanfront Resort 38 District and Resort Tourist Districts RT-1 RT-3 and RT 4) depicted as such 39 on the Official City Zoning Map as shown on the attached map labeled "Short 40 Term Rental Overlay—OR District; 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: Planning epartr nt City Attorney's Office CA15117 R-7 March 27,2021 2 -- , %jk,"• 4P r 15, .--,' I \v•••,,.- , ..i, .-11, ,/, \\ \ 41, 4 j 0 ---' r ..: .2 UMI fr ' . \ 0 \ lit \ Vs c.,\,‘ i::;-• ?,,:, <42' \ • ' ‘..°'• - ' ki ' , Ir ,• S' , v 4 T t ' ),' ' 44. \'. ''4.40\ ' .' ''' ' '.- ( tc3' ' <-0 -, • • / . -.2•-- c„,,, ....-,- .„--,. _ evi,z‘, •.,<, ee ,i, ' 00, e:), \<.*)s't \ 41. 6 t ,i•S ' •' '' r j ''),...$4%.‘4e"lt,zsck,4,..\," `: 0 Its. . ,- • .•,1 -•\441\ ' \ 0\' V• \- - ' . \< ), . - --... - 1"e\- vt\ .,,,;,, , ,,,,,\:!, • 7. o 6v0,1:1 V. tiik \q V- _ 4.Pur 3v31‘'%'"-0\ \ .\- r,„ ?:\. •%. - 1--,-- r --- -; '\' ',-- -c-- -1-',,:; \_----' - --• -t---' ' 4,11.7.—,-- \\ - 1. ' A.') . ............ • _.,6,110,— -,,c)., 40 \ (=ot% -tk ,-Eg , , t!!_$- • - N-clt--Owiatef-rr& ca --1 Tii, . , \\ , ,,,,i\4 __._ ,..,,,....._,.7-i_c rii ,v y).,- 0 .,aill 5)4-,11. „clip,...,.. •-- °' . 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' \ 1141o, . . \ r:-.; ithhh.. 1 r . - . .. 44/1111/P4 co ....0i . 41 C 0 7c ,. L,,..., r, ; r . E. ro \ " V''' 146 /\Nco ..rrc,_;_ . 44140& _ . ,_ M Issisk 0 .' 1` Q to t c Ct j— — r 8 O OR VPN _ \\ � k20 0/1 OR Fr 4 A 1:, Via OR R40 •'i�• 11 vs., AIS .- OR (tc. ♦1. '''' VI 82 • . OR .:1111,41 OR Mri , . - \ r--1 ...,...) ' 0 ...---''''*------- 01/4 ,� OR 1 r - , �1 ‘11101 -.7f it 0 ,--f AO 010111\11100eR : , OR ` t 11,........iisma, i i/ 1 700. • t / ,eklg , 1 OR OR P);..RS( 0001 _ _ _ t r'' R SP OR 112 00 ,..-------7:---j 11011 - - ;a Cif- ° �f 0 R!5 kD 12 A f. 'Ilit 111 Ilk VS 4 G k12 A1: It 11.: WS -R AO R..e 1100 p A 12 - ---.. 0 Zoning1 la 7 m �ri1.0010 Rr1 • 1 ill., �' ,:DIY r' tiY a a 1g, RTs SO 1111 . ' •• 1 1 - '00� RT4 OR L RSS II1 nF __,--•"*."4i — --- - - - gio ii .. ,.. ""a A 2.,iit__,,i 1.1 lz.I -, :Sir 3 4 I _ Mt' ACE te a F 1- 1' - OR RSE It 0o_iV 0 .. t. OR ti No.: OR ' i OR R5S `I ", Vir iiiiisiO RS.S OR R 4 11 5,.WWI 01 ��-, aRs�yitt .1L4 t . IR R s .i 1 ' es, VS 1001 ' til; Fa!- ov,.0. . . . _ _ is 4, •,.i 1 i'.Nt. R5 11064 F1 ' ,. 0 % ,dsvoor. -,0__Gts._. P ' i ,o 0,,,,,.1", . . , , i pis .,,,,,,,. /v 0 t c� ,. 0:10 Rc- R7.E k , 61'' .j l •'I O/ R•:-5 Zoning 4dlhlltllNlm� `. RT1 jc, .. RT3 A 1 2 ' 7 RT4 - - 644 y ; f/ I 114'9 OR 44J . WM N es 111 111 1 OW CiR -4L11 OR • Street ael 1 - � .—� :o 11110 %OS V U L .; ['tG ESN is../ IIre, soss" Oli 11,- ,- ',. . 0 to 1 oR OR .O� ,ORS 00 ,Al2 . lt �1C 1110 --- (>c 'i OP BR ;� I O _ RS5 f:SS • },0666 t � ' u, r e77. ISt ` 17:14 . i- ' 1 '„ RSS F5C PC!, . -t�`� ON tr.:61 tKs OR 1 1 . ' ti 1..1 F sr, RSS ftSL �, RSS kSS • tAkor- P SO ° :::;-,;,.' 4-. `zr, ' '471 OR OR .!" r4, oR .-- 013S 41. y.00 ¶gø itn ' Pi F. at F2f , RSD i IiSS �• A24 , 4ia I-A 1 RS' Norfolk Avenue ii.::-.,,.\ rt!..,............---10..47—.---A 12 \ rzt ,1„ V ! ;zoning nc.i 0 0, R 1 k' FI,, � : FtS� RSS R4 RT3 nilliii RT4 ^RSS 1 —�rp5 N•` 1 _ _ a d O-tt 94110 Ile bul;eew `1O!-11S!O Avon() ZIIS us u1q1Inn ls;uaJ uua;;nogg Z' u0110aS Jo s;uewaalnbeJ ay}}o ! d d 11e nupaaw t13p;s!Q eo!naag leloadg e6pugpueS u!qwm le;uaa uua;pogg 77-a X-a tB2uGJ uua;;aogS ' Z -Oy -Ob asn Z£ •pe}#luued aq ilaus pagloeds 1£ se uey; Jew saanpruls ao sasn ON •s ou;slp amioadsal ay; u! pa;!glyoJd aq !let's O£ .Xe us Aq paisolpul sainpruls pus sasn „'Or e Aq Pe;eolpul sasn !euo puoo se JO rd• 6Z e Aq pa;eolpul sasn ledpulJd .lay;le se paulwAed aq !lays slo!Jislp leJn;inopbe an!ioadsaa 8Z ay; ul saJfyon.qs pue sasn asogl 's l.gsl(7 leJnh4nou6y Z-OV pus 1-Ov 043 u1411m LZ pa;;lwied sasn asoq; sis!! 6ulnnolloj aqj •sasn leuorjpuoo pue ;ed ouud (a) 9Z SZ •suogeln6aJ asn '{.Oq "09S tZ EZ Si3I2LLSia wani1lottiOV- '4 313I111d ZZ 1Z :snnolloj se peal o; 'paulepJoaJ pus papuawe )(gaaey aae epo0 OZ pase8-wand ;ou;slp ;aosaa ;UOJJU8900 ay; ;o Z'g uogaag pue aoueulPJO 6uluoZ A1IO 61 94110 EOZZ PUe LE9 t '1ZS 1 '1051 '9Z 11. 'O 1 L 1 '106 `109 '10S 'WV suo!;oeS 1941 81 L1 FINIS JIA 'HOy38 91. VIN10111A dO AlJO 3H1 dO 1tONfOO A11O 3H1 A9 03N1V02IO 1138 91. trt :aJ!nbaJ os aogoead £1 6uluoz pooh pue aJeJlem leaaue6 'aoualuanuoo `Apssaoau ollgnd et'; 'SV32i3HM Z 1 11 Z'g uoi aeS epo0 pass -waod posaa ;uo-pueao° 01 pue £OZZ PUe 1-£S1 '1ZS1 '6051 '9Z11 '0111 '106 '109 '109 6 '10v suopes eoueulpa0 6uluoZ Apo :pepuewd suogoeg 8 L SAY1N3A0 ONy S1V1N31:1 INa3111;IOHS 9 dO 3Sf1 ONY SIN31Al321ilb3 3H1 01 ONINIY1):13d 9 3000 a3Sv8-mod 10i211S1O 1HOS32I 1NO1:1dNV3O0 tr 3H1 dO Z'9 N01133S ONY 33NHNI021O ONINOZ £ A110 3H1 dO £OZZ ONy I•ES 1 '1Z91 'LO91. `9Z I.1 '01.1.1. '106 '109 'LOS 'WV SNO11O3S ON3VW 01 3ONVNIo21O NV 1 NOISH3A NOISSIINWO3 ONINNV1d requirements of Section 241.2 and where applicable. Section 2303 33 34 ARTICLE 5. RESIDENTIAL DISTRICTS. 35 36 .. .. 37 38 Sec. 501. Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 R- R- R- R- R- R- R- R- R- R- Use 40 30 20 15 10 7.5 5D 5R 5S 2.5 Short term rental G G G 6 6 6 GC 6 XXXXX X X X X 1 Short term rental within the Sandbridge Special Service District,' meeting all of the PP PP P P P P P P requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of PPPPPP P PP P iSection 241.2 and, where applicable. C CCCCCCCCC !Section 2303 47 48 . . . . 49 50 ARTICLE 6. -APARTMENT DISTRICTS 51 52 . . . . 53 2 54 Sec. 601. -Use regulations. 55 56 (a) Principal and conditional uses. The following chart lists those uses permitted 57 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 58 respective apartment districts shall be permitted as either principal uses indicated by a 59 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 60 shall be prohibited in the respective districts. No uses or structures other than as 61 specified shall be permitted. 62 Use A- A- A- A- 12 18 24 , 36 Short term rental GCCC X X X X Short term rental within the Sandbridge Special Service Districts* PPPP meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meetina all of the P P P P requirements of Section 241.2 and, where applicable. Section 2303 i C C C C 63 64 65 ARTICLE 9. -BUSINESS DISTRICTS 66 67 . . . . 68 69 Sec. 901. -Use regulations. 70 71 (a) Principal and conditional uses. The following chart lists those uses permitted 72 within the B-1 through B-4K Business Districts. Those uses and structures in the 73 respective business districts shall be permitted as either principal uses indicated by a 74 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 75 shall be prohibited in the respective districts. No uses or structures other than as 76 specified shall be permitted. 77 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Short term rental X X X X X X X X X 3 pue :palunow-loot pue 6u!puels eei 'swalsAs uo!s.aanuoo A6.Jaue punts (9) 91•I. �I I. :sasn sno!6l1a d (g) g I.I. Z1.1. :le!luap!saJ 'slauue)! (P) I.16 01•b :sawoy dnoio (£) 601. 80I. :sawoy aJeo-Aep Itl!wed (Z) LOI. 901. :sJannol uogeo!unwwoa (1.) 901 V01. :sasn leuo!3!puoo se paMolle eq Heys sasn Bu!Mollol 341 'lo!J1s!a M-ad a u!43!M (P) £01. ZO '9'60Z uogoes}o slueweJ!nbaJ aql Bu!}aew Bu!eys ewoH (9) 1.01. 001. pue :pafluuad eq Heys Bu!!laMp aqi to luep!seJ epy euoq e 6u!pnlou! 66 seeAoldwe (Z) oMl ueyl aaow ou leyl pap!noJd 'sJo!uas Jol eJeo lequep!sal:3 (g) 86 L6 pine '.paU!uJad eq lou Heys itl!n!pe ledpuud a s! s i!e}}e 96 le!oJawwoo to pnpuoo eiegM sgnlo leyl pap!noad swalueo !epos Jo sqnp alenud (l,) 96 16 :seuue!N (£) £6 Z6 :l!wJad asn leuo!3!puoo e yl!M 'suosaad palges!p pue SJ=!uas Jol 6u!snoH (Z) 1.6 06 :sJalueo luepnis pue seuol!uuop luepnls 'sesnoq AluoJos pue Al!waleJ3 (1.) 68 88 :pall!wJed eq 'legs `sampruls pue sasn paleJawnue Bu!Mollol L8 aql yl!M ieq e6ol 'swnuel!ues pue slel!dsoy uegl ieq o pals!; luewliedy Z6-V 98 ue u!yl!nn palllwaad se nlonJls pue sasn led!ouud ayl jo lie 'louls!a 6H-ad a 1.!41!M (o) 98 P9 '-- ' £8 Z8 'uol;ein6ea asn pue' - '0616 'oaS 68 08 S13I211SId IN3Wdo13A3a O3NNY1d - '66 31O1121V 6L 81 £0£Z uolloaS 'algeo!Idde X X X X 9J94M pus Z•Lt7Z uorpeS jo swewei!nbei aye o lie bu!laew 'lalalsla delaano 2i.s ue u!yl!M!eluei uual 1ao4S Z'LVZ uogoag to sluawai!n 'eJ ayl to tie 5u!leew .Tlouls!p d d d d d d d ;DINS lepeds e6ppgpues ayl uiq M 'ewe' wJal;Joys S :;!paao A !suep lenuepisaJ aoJ alq!6lla aq ;ou Heys sasn Z9 L Lions ;ey; papinoad 'sawoy dnoa6 pue sawoy aaiso4 :sawoy am-step Aiwe3 (Z) L91. 091. 41paao Allsuap 691 lei;ueplsaa ao4 91g1611a aq ;ou Heys esn Lions ;mg pep!noad `sasn sno!6!I0)4 (L) 991. LSI. -sasn/euo, puo0 (o) 99l. 9S1. latie49'60Z uogoas Jo s;uewaalnbaa ay; 6ugaew 6uuegs awoH (L) 179l £5L ptie :6uluado ss83oe ioo;daoxa Nos `4116peq 6uluaaros padeospuel a ZS1. Aiuo aalnbaa Heys sasn mill pue salllllln punoa6aapun aoj s;lnen aauuojsuea; 1.9l `osle papina,d pue :146lay u! lad; (g) xls o; (g) anu e6pay 6uluaaaos 091. e 441nn aoua; e Aq JO `s;lxa pue saoue nua lo; ;daoxa pllos `peM e Ag 6171. pepunoaans eq !legs `saawaolsuea; lenpinlpul uey;aaylo `suoge;sgns seam SQL win `aaypnj `paPlnold pus :paulwaad aq ;ou Heys sal}ll!oej aoueua;ulew Li'l JO a6eao;s JO sa3l6o papinoad '.suol;e;sgns pue sUogepe;su! sal}ll! fl olignd (9) 9171. 91'L Wen,lsuep lepueplsaa Plrl aoi algl6Ha aq ;ou Heys sasn Lions ;ey; papinoad 'saa;uao eieo-iced (g) EPL Zt'L :upon iIsuep lefueplsaa algl611a I-VL aq ;ou Heys sasn Lions ;ey; pepinad `sayoango JO slooyos icae;uawala 017L a;enud JO ollgnd Law uol auuoo ul `sa911/93 uogeonpa aae3 pllya (1:) 6E L 8E1. :ueld ay;u! paquosep adAl ay;;o sal;!Hoe;Ieuol;eaaoaa (£) L£L 9EL :sasn ollgnd as o pus `sasn onis `s6ulpllnq o!ignd (Z) 9E1. PE L :ueld esn puel ay; uI pagpads sedAl ay; s;lun 6u!HaMa (1.) EC L ZEL •saan;or4,s pue sasn Iedr0uud (e) Let. OE 1. :pa61uuad aq Heys saanpruis pus sasn BufMoIIo; ay; Aluo ' !J slo ZH-ad 9L9 ulyl!M 6ZL 8ZL 'seen peMOlIV- 'SZ1 L '36S LZ L 9Z1 . . . . 9ZL bZL .L3I I1sla LN311d013A30 .LINfl Q3NNVid ZH-ad- EZL ZZL LZL OZ aienbs (009`Z) paapuny any 6 L puesnoy; OM1 uey; aa;eaa6 Si ;o! ay; pue 6ulilaMp AIwe4-016u!s e s! ein ona;s 9L ledlouud ay; ;ey; papinoad `sayliroe; uorle;Hlgeyaa wpm paseq-awoH (L) L L L 9 L L 9 L61• 'suo!leinBei rill '1191 '3,1S 961. S61. 1'61. £61. 1.O1211S1t91SR1fO1121OS321 £0121'3 Z61. 1.61 . , , . 061. 691. 3 £0£Z uotp9S `efgeollcrds eiegM pue Z•1.pZ udpoee s#uawallnbai atg Jo tle bugeew `#ou#s1Q "epeAO 2 ue u!161M to#tom true#PotiS X te#uei twe1#,rn.IS ash 991. •seuliepinO u6lsep L91. poseb lualjue000 eq1 jo suoislnoid eta of aiegpe efq!ssod #ue xe wawa& 99$. eta 01 Plnoys 'leuopipuoo ao $edpuud iay#egM 'sesn Ilb+ pawed eq (legs 991. pallpeds asotp uegj Jew sa tn#oruas .to sesn ory •(-bes #e OZZ uo110es) Z epl}N FBI. #o o fed#o suolslnad etp 01 pe(gns eq Heys sesn leuoplpuo0 .•0„ e Aq pa#eolpul £81. se 'sesn Ieuop!puoo se Jo „d„ a Aq pewo!pu! se 'sesn 1edpuud _mime se }opis!0 Z91. #sunol poseu $-12f ey# ulq$M paq!wlad sesn esogj s3s!i peqo Bu!Moiloo auj (e) 1.91. 091. 'suvt;efn8*I esfl '1.091• '3S 611, 9L1. " • ' 2.11 91" imam 1S121f1O118O93?I I .L '3 911. 1r11. £11 ZLI. '£0£Z uogaes •etgeo!laoe alat4M pue Zli►Z u0113eS 10 slueteta !noat 1.Lt etp jo Ile tupaaw pu#s!a ABIJGAO U1S 6 u!u#w► !equal aua# uogS (9) 011• 691. ` 991 L91. pue :-suos ed Pelges!P pue siolues Jo;BWSnOH (fr) 994 99t, `suopedn000 ewoH (£) 1791 £91. 198 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 199 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 200 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 201 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 202 buildings within the RT-3 District may Include any principal or conditional uses in 203 combination with any other principal or conditional use. No uses or structures other than 204 those specified shall be permitted. All uses, whether principal or conditional, should to 205 the greatest extent possible adhere to the provisions of the Special Area Design 206 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 207 Plan. Use RT-3 Short term rental 6-X Short term rental within an STR Overlay District, meetina all of the re: uirements of Section 241.2 and where a licable. Section 2303 208 209 . . . . 210 1 C. RT-4 RESORT TOURIST DISTRICT 212 . . . . 213 214 Sec. 1531. Use regulations. 215 216 (a)Principal uses and structure: 217 . . .. 218 219 _5, Short term rental within an STR Overlay District meeting all of the 220 recuirements of Section 241.2 and. where applicable, Section 2303 221 222 . . . . 223 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 224 225 . . . . 226 227 B. - DEVELOPMENT REGULATIONS 228 229 . . . . 230 231 Sec. 2203. -Use regulations. 7 232 233 (a) The following chart lists those uses permitted within the Central Business Core 234 District. Uses and structures shall be allowed either as principal uses, indicated by a 235 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 236 shall be prohibited, unless allowed by special exception for Alternative Compliance 237 pursuant to Section 2205. No uses or structures other than as specified herein or as 238 allowed pursuant to subsection (b) shall be permitted. 239 Use District CBC Short term rental T G X Short term rental within an STR Overlay District, meeting all of the l_C requirements of Section 241.2 and, where applicable, Section 2303 240 241 APPENDIX 1. -OCEANFRONT RESORT DISTRICT FORM-BASED CODE 242 243 . . . . 244 245 Sec. 5.2. Permitted Use Table. 246 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING arm Upper Ground All Otw�d Upper • t1N Standard USE i Floor I.- s Floor Flom Raw F1eQE Al Flown All Floors Mew N LODGG- 111 1 Short bens rental — C= — — C: C_ C — 8M Sim 2/1.2 .i tormantO See.sec.241.2 run sn_aT l Lind 2303(c). aufiemen d $1 end re eycdicebls 23D 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: 8 :' Planning Department City Attorneys Office CA15115 R-6 March 30, 2021 9 1 PLANNING COMMISSION VERSION 2 3 AN ORDINANCE TO AMEND SECTION 241.2 OF 4 THE CITY ZONING ORDINANCE, PERTAINING TO 5 SHORT TERM RENTALS AND ESTABLISHING 6 ADDITIONAL SAFETY REQUIREMENTS 7 8 Section Amended: City Zoning Ordinance Section 9 241.2 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 Sec. 241.2. - Short term rental. 18 Short term rentals shall be subject to the following conditions unless specifically 19 modified by action of the city council in granting a conditional use permit or creating a 20 short term rental overlay district: 21 22 (1) Any property utilized as a short term rental shall provide adequate off street parking 23 for its guests. A minimum of one parking space per bedroom Is required. If such parking 24 cannot be provided on-site, the owner must submit a parking plan indicating how the 25 parking requirement will be met. Such plan shall be reviewed and approved by the 26 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking 27 shall be part of the plan; 28 29 (2) No events with more than fifty (50) people present, shall be held absent a special 30 events permit. Events with more than fifty (50) people are limited to no more than three 31 (3) events in a calendar year. No more than one hundred (100) people shall be present 32 at any event held on the property; 33 34 (3) The owner or operator must provide the name and telephone number of a 35 responsible person, who may be the owner, operator or an agent of the owner or 36 operator, who is available to be contacted and to address conditions occurring at the 37 short term rental within thirty (30) minutes. Physical response to the site of the short 38 term rental is not required; 39 40 (4) No signage shall be on site, except that each short term rental shall have one (1), 41 four-square foot si n osted on the building, or other permanent structure approved by 42 the zoning administrator, visible from the public street, that whislti-identifies the property 43 as a short term rental and provides the telephone number for the responsible person in 44 text large enouhto be read from the ublic street. Architectural signs naming the 45 structure are excluded; ; 48 47 (5) To the extent permitted by state law, each short term rental must maintain 48 registration with the Commissioner of Revenue's office and pay all applicable taxes; 49 50 (6) There shall be posted in a conspicuous place within the dwelling a summary 51 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise), 52 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 53 (fireworks), and a copy of any approved parking plan; 54 55 (7) All refuse shall be placed in automated refuse receptacles, where provided, and 56 comply with the requirements of City Code sections 31-26, 31-27 and 31-28; 57 58 (8) A short term rental shall have no more than two (2) rental contracts during any 59 consecutive seven (7)day period; 60 61 (9) The owner or operator shall provide proof of liability insurance applicable to the 62 rental activity at registration and renewal of at least one million dollars ($1,000,000.00) 63 underwritten by insurers acceptable to the city; 64 65 (10)There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.; 66 67 (11) The maximum number of persons on the property after 11:00 p.m. and before 7:00 68 a.m. ("Overnight Lodgers") shall be three (3)individuals per bedroom; 69 70 (12) Any short term rental that has registered and paid transient occupancy taxes to the 71 Commissioner of the Revenue prior to July 1, 2018 shall be considered grandfathered 72 and shall not be required to obtain a conditional use permit, but must meet the 73 conditions of section 241.2. Any expansion of the footprint of the dwelling housing the 74 short term rental that expands the overall square footage by more than twenty-five (25) 75 percent or one thousand (1,000) square feet, whichever is less, shall have its 76 grandfathered status revoked and must immediately come into compliance with the 77 Zoning Ordinance to continue such use. Grandfathered 78 status shall run with the land; 79 80 (12.1) Any short term rental that received a conditional use permit between November 81 1, 2019 and , 2021 and that is located within a zoning district where 82 short term rentals are not a permitted or conditional use, shall be considered 83 grandfathered and shall be permitted to continue subject to the conditions of section 84 241.2 (1)through (15) and (17) as modified by the terms of the conditional use permit; 85 86 (13) 87 , 88 ; The property 89 owner or their representative shall provide to the City Planning Department annually an 90 affidavit statina or affirming the following: 1) at least one fire extinguisher has been 91 installed inside the unit, in_plain sight and where it is located 2) ail smoke alarms and 2 I ZOZ `9 ludy 9-i~J 9LL9WO eoy;O s,Aewolly I(}!O pi wpede 6u!uueld -----007S) , 'ne'T ) ..--- ..0 ( ,1 / )7(7? :AON3I0IdArlS -weal at. 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(91,) Z0 L L0L :s!eluaJ Lwel poys Se pa!dn000 Jo pesn eq lou Heys se nlonJ;s tiossaooy(7 L) 00 L 66 :suopoadsu! esegl!moped stew Jo}OBJ;uo0 luapuedepu! ue JO 'eeAoldwe s!y 86 'J9UMo Apedoud Ma 'Japio buppOM poob u! ale pue 'syluow Z L PSei 841 uNlIM peloedsu! L6 uaaq aney sJoloelap eppcouow uogieo pue SLUJele 91ows lie (g swooJ buldeels lie u! 96 a!q!pne eq 'pelen!loe ueyM pue Woaa bu!daals He of lueoeipe seam ay; u! pue 9Jnloruls 96 ay;Jo Jool; &versa uo palleisu! WJele mows euo;o wnw!u!w a anal ;snw sluaweJ!nbeJ P6 uo!laeuuoOJalu! of Joud pelorulsuoo sl!uO 'pepeuuooialul pue uogorulsuoo to aw4 ay;le E6 page u! apoo bulp inq ay; y;!nn aouepJ000e u! paIelsu! am sJoloelap ap!xouow uogJeo Z6 PLANNING COMMISSION VERSION 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS IN EACH 7 OVERLAY DISTRICT 8 9 Sections Added: City Zoning Ordinance Sections 10 2300 -2303 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 19 2303, is hereby added and ordained to read as follows: 20 21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS 22 23 Sac.2300. Findinus: Intent. 24 25 The Virginia Genera! Assembly has directed that short term rentals shall be 26 permitted as a principal use in the area defined as the Sandbridge Special Service 27 District. In addition,the City Council hereby finds that there are certain areas of the City 28 in which residential dwellings are, and historically have been, rented to vacationers or 29 others on a short term basis. In these areas, the City Council finds that such use, when 30 appropriately regulated. may be carried on without adversely affecting the adjacent 31 residential neighborhoods. In other areas of the City, short term rentals are not 32 compatible with the residential use of the surrounding properties and are often the 33 cause of excessive noise, illegal or Improper parking, traffic violations, corrpestlon and 34 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 35 Which they occur The provisions of this Article allow short term rentals, with appropriate 36 restrictions, only in those areas directed by the General Assembly and/or in such other 37 areas in which short term rentals may be carried on without adversely affecting the quiet 38 enjoyment of neighboring properties. 39 The East Shore Drive SIR Overlay is an 40 area where multi-family dwellings are common and are located very close to the 41 Chesapeake Bay, and where vacation rentals rentals have been long existed. Other 42 areas of the Shore Drive Overlay contain more single-family dwellings and are less 43 compatible with the activities of a short term rental. Although the short term rental use 44 is generally compatible within the East Shore Drive STR Overlay, the City Council finds 45 that a.continuing proliferation of the use will fundamentally change the character of the 46 community, negatively impact property values and diminish the quality of life for year 47 round residents. Therefore this use should be limited within the East Shore Drive STR 48 Overlay to the percentage of short term rentals currently existing as of November 2, 49 2020. 50 The North End STR Overlay is an area on the Atlantic Ocean that has seen a 51 proliferation of short term rentals for many years, and where rental of property during 52 the summer Is a common experience that has not generated significant negative Impact 53 to the community. Although the short term rental use is generally compatible within the 54 North End STR Overlay, the City Council finds that a continuing proliferation of the use 55 will fundamentally change the character of the community negatively impact property 56 values and diminish the quality of life for year round residents. Therefore this use 57 should be limited within the North End STR Overlay to the percentage of short term 58 rentals currently ently existing as of November 2, 2020. 59 The OR STR Overirr.. is an area of the City that is more urbanized than other 60 areas. The area includes the Atlantic Ocean and the Virginia Beach Boardwalk. 61 Lodging accommodations and other commercial activity supporting the resort area and 62 tourism are prevalent in this area. Accordingly, short term rental density limitations are 63 unnecessary in this overlay. 64 65 Sec,2301. District boundaries. 66 67 al The Short Term Rental Overlay Districts boundaries shall be as 68 designated on the official zoning map of the city (STR). 69 70 f Other identified areas of the City may petition the City Council for an 71 overla to be created if the identified community is able to gather the signatures of sixty 72 (601 percent of the owners of the properties in the community. Such communities shall 73 be pre-existing, and any new community boundaries may not be created for the purpose 74 of meeting the requirements of this section for creation of a short term rental overlay. 75 76 Sec. 2302. 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REQUESTED BY VICE-,,AYOR WOOD AND COUNCILMEMBER JONES AND TOWER 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 SHORT TERM RENTALS IN THE SHORT TERM RENTAL 4 OVERLAYS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the City Council has referred to the Planning Commission ordinances 10 creating the East Shore Drive Short Term Rental Overlay, North End Short Term Rental 11 Overlay and Oceanfront Resort Short Term Rental Overlay and providing new regulations 12 that would be applicable to a short term rental use within those overlays; and 13 14 WHEREAS, the referred ordinances would allow the short term rental use only in 15 those areas mandated by the General Assembly and in Short Term Rental Overlays; 16 17 WHEREAS, the short term rental use would no longer be authorized through the 18 granting of a conditional use permit if the referred ordinances are adopted; and 19 20 WHEREAS, it is the sense of the City Council that special transition rules should 21 be adopted to govern applications for conditional use permits for short term rentals that 22 are filed but not approved prior to the referral date of the ordinances. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Any application for a conditional use permit for a short term rental accepted prior 28 to the date of referral shall be processed based upon the law existing at the time of 29 submission. Any application accepted after the date of referral shall be considered based 30 upon the law applicable at the time of City Council consideration. No application shall be 31 unnecessarily delayed. 32 33 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That nothing in this ordinance shall be construed to affect any vested rights which 37 existed as of the effective date of the ordinance. 38 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: Planning D partm'nt City Attorney's Office CA15137 R-7 March 12,2021 2 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021 (Deffered at the February 10, 2021 public meeting) 2 Short Term Rental Overlay District Amendment Virginia Beach Request A resolution referring to the Planning Commission ordinances to amends the City Zoning Ordinance, pertaining to Short Term Rentals: to amend Section 102 of the City Zoning Ordinance establishing Short Term Rental Overlay Districts-West Shore Drive (removed by City Council during the hearing), East Shore Drive, North End and Oceanfront Resort; to add Article 23, consisting of Sections 2300 through 2303 (Short Term Rental Overlay Districts), to the City Zoning Ordinance establishing regulations and requirements pertaining to Short Term Rentals in each Overlay District; to amend the official zoning map through the designation and incorporation of property into Short Term Rental Overlay Districts - West Shore Drive (removed by City Council during the hearing), East Shore Drive, North End and OR District; to amend Sections 401, 501, 506, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code pertaining to the requirements and use of Short Term Rentals and Overlays; establishing transition rules for the review of Conditional Use Permits for Short Term Rentals in the Short Term Rental Overlays. Summary of Referred Ordinances City Council adopted the Short Term Rental Ordinance on January 15, 2019. Presently, amendments to the Ordinance, in combination with newly added Articles, Sections, and Subsections of the City Zoning Ordinance relating to Short Term Rentals, are being considered. The following amendments to the City Zoning Ordinance pertaining to Short Term Rentals are noted below. Each of these five (5) proposals are itemized through the use of a lower case letter (a through e). These letters match the related summary sheets on the following pages (upper right corner of the page): a) Add three (3) additional Short Term Rental Overlay Districts; (West Shore Drive Overlay was removed at the City Council formal hearing) and b) Amend the official zoning map with three (3) proposed overlay districts; and c) Establish conditions for each overlay district; and d) Amend the Short Term Rental requirements in each zoning district (use tables); and e) Add transition rules. This referral was requested by Vice-Mayor Wood and Councilman Jones. This item was referred to the Planning Commission at City Council's October 20, 2020 formal public hearing. Recommendation In advance of their February public hearing, the Planning Commission held two virtual workshops on January 28, 2021 and Febraury 23, 2021 with the purpose of considering these proposed Ordinance revisions and additions during this City of Virginia Beach Agenda Item 2 Page 1 workshop.The Planning Commission discussed the proposed overlay districts and regulations to be set forth there within. A summary of those discussions are detailed in the following pages of this report. City of Virginia Beach Agenda Item 2 Page 2 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021 (Deffered at the February 10, 2021 meeting) 2a c•,c,,,,, Establish Three (3) Short Term Rental Overlay Districts Virginia Beach Request An Ordinance to amend Section 102 of the City Zoning Ordinance establishing Short Term Rental Overlay Districts- East Shore Drive, North End and Oceanfront Resort. Summary of Referred Ordinance This Ordinance amends Section 102 of the City Zoning Ordinance to establish three (3) Short Term Rental Overlay Districts.The proposed Short Term Overlay Districts are: (1) East Shore Drive, (2) North End, and (3)Oceanfront Resort District (West Shore Drive Overlay was removed from consideration at the City Council formal hearing). Further descriptions of the metes and bounds of these areas are provided in the proposed ordinance amendment to the official zoning map. Recommendation At the Planning Commission workshop held on January 28, 2021, the Planning Commission discussed the areas of the City in which they felt Short Term Rental overlay districts were appropriate.These opinions were solidified further at the workshop held on February 23, 2021. It should be noted that no vote was taken;the purpose of the workshop was for discussion only.The information listed below reflects the discussions that occurred during the workshop and are not a formal recommendation by the Planning Commission. Following in-depth discussions, the Planning Commission felt that a Short Term Rental overlay district is appropriate in the Oceanfront Resort (OR) District, as well as the remaining Resort Tourist(RT) zoned properties in the City. In these overlay districts, Short Term Rentals would be permitted by-right, provided they meet the requirements of Section 241.2 of the Zoning Ordinance. Discussions regarding the proposed East Shore Drive overlay involved moving the southern boundary of the overlay from the Cape Henry Bike Trail to Shore Drive.All other boundaries would remain the same.Short Term Rentals would be permitted in this area by Conditional Use Permit only.There was also discussion about capping the density of Short Term Rentals in the area to ten-percent of the dwelling units in the overlay district. Discussions regarding the proposed North End overlay included extending the coundary to also encompass"The Hollies" neighborhood, located between 45th and 49th Streets. Short Term Rentals would be permitted in this area by Conditional Use Permit only.There was also discussion about capping the density of Short Term Rentals in the area to 15-percent of the dwelling units in the overlay district. City of Virginia Beach Agenda Item 2 Page 3 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021(Deferred at the Febraury 10, 2021 meeting) <;r„ , Ordinance to Amend the Official Zoning Map 2b Virginia Beach Request An Ordinance to amend the official zoning map by the designation and incorporation of property into Short Term Rental Overlay Districts- East Shore Drive, North End, and Oceanfront Resort District. Summary of Referred Ordinance This Ordinance amends the official zoning map to incorporate three (3) proposed Short Term Rental Overlay Districts. A brief description of the area encompassed by each of the proposed overlay districts are listed below. 1. East Shore Drive- East of the Lesner Bridge; Northern boundary is the Chesapeake Bay;Southern boundary is the Cape Henry bike trail; Eastern boundary First Landing State Park; and the Western boundary is the shopping center located at 2817 Shore Drive to the centerline of Shore Drive,then traveling west down centerline of Shore Drive to the eastern property line of the property located at 2800 Shore Drive and then north to the Chesapeake Bay. 2. North End - Entire existing North End Overlay District(Zoned R-5R (NE))with the exception of the area located west of Holly Road from the intersection of Holly Road and 58th Street and the Pirate's Hill subdivision. Northern boundary is Fort Story; Southern boundary is 49%Street; Eastern boundary is the Atlantic Ocean; and the Western boundary is First Landing State Park,then Holly Road south of 58th Street. 3. Oceanfront Resort-Overlay included the entire area currently zoned Oceanfront Resort(OR). • West Shore Drive Overlay removed from consideration at the formal City Council hearing on October 20, 2020. Recommendation The boundaries and inclusion of certain neighborhoods in the Short Term Rental overlay districts was discussed at the Planning Commission workshops held on January 28, 2021 and Febraury 23, 2021.At these workshops, the proposed overlay districts considered were the Oceanfront Resort, East Shore Drive, and North End overlay districts; each reflecting the boundaries as referred by City Council.The Planning Commission discussed amending the southern boundary of the East Shore Drive District to be Shore Drive, rather than the Cape Henry Bike Trail. Additionally, the Planning Commission suggested the area known as"the Hollies," and the remaining properties in the City zoned Resort Tourist(RT), be included in proposed overlay districts. City of Virginia Beach Agenda Item 2 Page 4 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021 (Deferred at the February 10, 2021 meeting) 2c c;,,,,,, Amend Regulations and Requirements for Short Term Virginia Beach Rentals in Overlay Districts Request An Ordinance to add Article 23, consisting of Sections 2300 through 2303 (Short Term Rental Overlay Districts),to the City Zoning Ordinance establishing regulations and requirements pertaining to Short Term Rentals in each overlay district. Summary of Referred Ordinance The establishment of Short Term Rental overlay districts would make Short Term Rentals a permitted use within the overlay districts, provided they meet the requirements of the City Zoning Ordinance.The existing regulations found in Section 241.2 of the City Zoning Ordinance remain in place.Article 23 is proposed to be added and specifically applies to Short Term Rental Overlay Districts as follows: i. Add to Condition (1)—Any parking spaces added to the site to meet the required parking shall not add impervious surface. One required space within a garage may be counted, provided it meets the dimensional requirements of a parking space. Driveway areas within the City right-of-way may be counted provided pedestrian or vehicular traffic is not impacted. ii. Replace Condition (2)—No events associated with the Short Term Rental are permitted with more persons than can stay overnight. No Special event Permits may be requested. iii. Replace Condition (3)—Name and contact of owner or representative must be provided that can respond and be capable of being physically at the site within 30 minutes to address an issue. iv. Replace Condition (8)—No more than fifty-two (52) rental contracts permitted per year. v. Replace Condition (11)—Maximum occupancy between the hours of 11 p.m. and 7 a.m. shall be the number of bedrooms times two. Minors, sixteen years or younger are not counted; however, in no case shall occupancy be greater than three times the number of bedrooms. vi. New Condition—If a Short Term Rental is located within the boundary of the Residential Parking Permit Program (RPPP),only two residential passes are permitted while Short Term Rental is in use. No temporary or guest RPPP passes are permitted. An area not located in a Short Term Rental overlay district may petition City Council to create an overlay district, provided the area is a pre-established boundary and that the identified community is able to gather signatures in favor of the request from sixty(60) percent of the property owners within the community. These amendments do not pertain to properties located within the Sandbridge Special Service District, as per legislation from the General Assembly. City of Virginia Beach Agenda Item 2 Page 5 If a property previously obtained a Conditional Use Permit for Short Term Rental use, that property could operate under the conditions of the use permit,or the homeowner may choose to relinquish the use permit and operate under the above listed regulations.Should these amendments be approved,a conditional use permit will not be able to be administratively renewed following its five year duration, and the property must meet the above requirements or will not be able to operate a Short Term Rental. Recommendation At the Planning Commission workshops held on January 28, 2021, each of these proposed amendments were discussed. There were no changes to the items listed below from the discussions at the first workshop at the Planning Commission's second workshop on February 23, 2021. Below is a description of the items discussed during the workshop. i. Parkin —No change to the required number of off-street parking spaces, one space per bedroom was suggested.The Planning Commission agreed that any space added to the site to meet this requirement should be a permeable material, but suggested that the language be changed to be consistent with the definition for impervious cover listed in the Chesapeake Bay Preservation Area Ordinance.The amendment referred to Planning Commission allowed only one parking space within a garage to be counted toward the minimum number of off-street parking spaces required; however,the Planning Commission felt that garages large enough to accommodate more than one vehicle, should be allowed to do so. ii. Special Events—The Planning Commission agrees with the requirement in the ordinance referred to them by City Council. iii. Responsible Party—The Planning Commission agreed that the name and contact information of a responsible party must be provided and kept on file. In addition,the responsible party should be able to respond to any issue that arises within 30 minutes.The Planning Commission did not agree that the responsible party must be on-site within 30 minutes, instead,they suggested this time limitation be changed to one (1) hour. iv. Number of Rental Contracts-The Planning Commission felt that the number of rental contracts should be different depending on which overlay district the property is in. If a property is located in the proposed Oceanfront Resort or Resort Tourist overlay district,the Short Term Rental owner would be permitted two rental contracts per week. If the property is located within the proposed East Shore Drive, North End, or the Hollies overlay districts,the Short Term Rental owner would be permitted one rental contract per week. v. Occupancy-The Planning Commission agrees with the requirement in the ordinance referred to them by City Council. vi. Residential Parking Permit Program—The Planning Commission supports the addition of this requirement since it mirrors the condition already imposed on all properties within the boundaries of the Residential Parking Program Permit program, which limits the property to two residential passes when used as a Short Term Rental and no guest or temporary passes.. Additionally,the Planning Commission discussed two other amendments involving life safety requirements, as referred to them by Councilwoman Henley. This ordinance was not advertised for the February Planning Commission meeting, so it will not be voted on; however, it will be considered at the March public hearing.These proposed amendments are listed below and are accompanied by the Planning Commission's suggestions.These proposed changes will also apply to Sandbridge. 1. Life Safety—The referred Ordinance requires that an affidavit, signed by the property owner or representative, be submitted to the Planning Department annually.This affidavit must state that the smoke alarms and carbon monoxide detectors are in good working order,that they have been inspected in the past year, and that there is a fire extinguisher on-site and in plain sight.The Planning Commission suggested this ordinance move forward as referred. City of Virginia Beach Agenda Item 2 Page 6 2. Deck Safety—The ordinance referred by City Council requires a safety inspection to be done annually by a construction professional or engineer.A report must be submitted and maintained with the zoning office.The report must indicate that all exterior decks, stairs and patios are safe for occupancy. In addition, a placard identifying the number of occupants permitted on all exterior decks and patios must be posted on each level of the structure.The Planning Commission supported this ordinance; however,they suggested that a report be submitted every five years instead of annually.The Planning Commission also noted that Commonwealth of Virginia Registered Design Professional's(architects and engineers) are qualified to generate and certify such a safety report. Furthermore,the Planning Commissioners felt that a Commonwealth of Virginia Class A Contractor could also generate and certify the safety report. City of Virginia Beach Agenda Item 2 Page 7 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021(Deferred at the February 10, 2021 meeting) 2d Amend the Use Tables for Short Term Rental use Virginia Beach Request An Ordinance to amend Sections 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code pertaining to the requirements and use of Short Term Rentals and overlays. Summary of Referred Ordinance This Ordinance amends the use tables in the City Zoning Ordinance pertaining to Short Term Rentals. In all districts where Short Term Rentals require a Conditional Use Permit,such designation is removed. In these districts, Short Term Rental is replaced with a new use identifying them as permitted by-right, provided all requirements of Section 241.2, and where applicable Section 2303, are met. Recommendation At the Planning Commission workshops held on January 28, 2021 and February 23, 2021,the boundaries and requirements of potential Short Term Rental overlay districts were discussed.The Planning Commission felt the requirement for a Conditional Use Permit should depend on what potential overlay district the property is in. If a property is in the Oceanfront Resort or Resort Tourist districts, Planning Commission felt that Short Term Rentals should be permitted as a matter of right, provided they meet the requirements of Section 241.2 and the proposed section 2303 of the Zoning Ordinance.They felt that properties located in the other proposed overlay districts, East Shore Drive, North End and the Hollies, should require a Conditional Use Permit for Short Term Rental uses. Any property located outside a proposed overlay district, should not be permitted to operate a Short Term Rental unless grandfathered. No new Conditional Use Permits may be applied for outside of the overlay districts. City of Virginia Beach Agenda Item 2 Page 8 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021(Deferred at the February 10, 2021 meeting) 2e coot Transition Rules for Short Term Rental Overlays Virginia Beach Request An Ordinance establishing transition rules for the review of Short Term Rental Conditional Use Permit applications submitted before and after the City Council date of referral. Summary of Referred Ordinance This Ordinance establishes transition rules for conditional use permit applications that are submitted and considered prior to the adoption of this amendment.The transition rules are as follows: Any application for a conditional use permit for a Short Term Rental accepted prior to the date of referral shall be processed based upon the law existing at the time of submission.Any application accepted after the date of referral shall be considered based upon the law applicable at the time of City Council consideration. No application shall be unnecessarily delayed. The date of referral referenced above is October 20, 2020. Recommendation At the Planning Commission workshops held on January 28, 2021 and February 23, 2021,the Planning Commission suggested no changes to this proposed ordinance referred to them by City Council. City of Virginia Beach Agenda Item 2 Page 9 13 Cu likni3 CM) tl O 3 Virginia Beach 3 DEPARTMENT OF PLANNING LW In 0 3 N 73 Short Term Rental Workshops Summary o January 28 and February 22, 2021 Prepared by:Kevin Kemp,Zoning Administrator 3" 0 13 In Ordinances referred to Planning Commission by City Council on October 21,2021: N 1. Create three Short Term Rental overlay districts: 3 a. East Shore Drive a) sv b. North End -I c. Oceanfront Resort 2. Amend the official zoning map to include the overlay districts 3. Establish conditions for each overlay district 4. Amend the requirements for Short Term Rentals in each zoning district(use tables) 5. Establish transition rules r) 0 D C mao 11r., 'i !Z 7 m N iv; W n) (D rD N r, 0 N S TJ cu 3 Virginia Beach 3 DEPARTMENT OF PLANNING �• N_ O EXISTING REGULATIONS WITH NO PROPOSED CHANGES 0 Direction per PC on 1/28/2021 meeting Consensus/direction to REFERRED ORDINANCE C ITEM EXISTING ORDINANCE (no changes to Staff following the PC REVISIONS Sandbridge STRs workshookon 2/22/2021 to unless notedl N Definition of ^ Permitted Use. • Same as existing • Nochange • No Change 3 Home Sharing • Must pay taxes and ordinance 3 register with CU Commissioner of Revenue(COR),not Zoning Office. • Must be operator's principal residence; operator must be present during rental period. Sign posted on • One sign permitted, • Same as existing • Require posting of • No Change from first home not to exceed 4 ordinance contact phone workshop discussion square feet in size. number of • Sign must be operator/representa attached to home. tive visible from the • Architectural signs street(Including naming the home Sandbridge) are exempt. r'1 O D < cra . 21Paee ro Q 3 w tv rrDD rD 0) as Virginia Beach 33 DEPARTMENT OF PLANNING y� N 0 Registration • Must be maintain • Same as existing • Per Council • Per Council Direction, N and taxes with the COR and all ordinance Direction,create create yearly Zoning applicable taxes yearly Zoning permit/license required paid. permit/license to be renewed yearly required to be with user fee each year. O renewed yearly with (Including Sandbridge) 7r user fee each year. ? (Including 0 Sandbridge) Summary of • Summary of code • Same as existing • No change • No Change City Code section must be ordinance Sections:[fires posted in home. 3 on beach, • Summary provided 3 fireworks,trash by the Zoning CU disposal,noise, Administrator. '< and the parking plan] Trash • Trash must be kept • Same as existing • No change • No Change in automated refuse ordinance receptacles. Insurance • $1,000,000 liability • Same as existing • No change • No Change Requirement insurance required. ordinance • Proof of insurance must be provided and kept with the Zoning Office. Noise • No outdoor • Same as existing • No change • No Change amplified sound ordinance after 10 p.m.or before 10 a.m. . 0 D C 0 _ Q a El• d1 m m m v N 17 ai Oro AB = n 0 Virginia Beach 3 DEPARTMENT OF PLANNING VI (11. Criteria to be • Must be • Staff proposed to • No change • No Change N Grandfathered registered with administratively -I the Commissioner remove any of Revenue and grandfather status if pay TOT taxes the property not 0 prior to July 1, used as STR for a N 2018. two year period. = • Grandfathering 0 runs with the land • This change was not LA and is valid until included in referred N STR use ceases to amendment. C exist on property. 3 • Revocation of 3 grandfathering Iv only if overall ..G square footage of the structure is increased by 25% or 1,000 square feet(whichever is less). Use of • Accessory • Same as existing • No change • No Change Accessory structures shall ordinance Structures as not be used as STRs short term rentals. n 0 D N ao Wag,- rz � -o o, iv' o, r+ W a4 rD m w W N S Planning Commission STR Workshops Summary L V 0 2 al 00 0 10 L V 0 2 c IL To • u C. m I.)5 a, ° 3 .0 CO a a '° — io > of '- O a`) 3 rt 0 0 w F >Or Au° • d• O G m « E 8 ry o m c eo v ya > a i W Nc 2 s O _ C k2 'A 0 LI 2 C z p eau O O 5: m f- 1 z a 0 0 City of Virginia Beach Agenda Item 2 Page 14 ai ao n 0 3 Virginia Beach 3 DEPARTMENT OF PLANNING VIA 0 PROPOSED AMENDMENTS TO EXISTING REGULATIONS Direction per PC on EXISTING REFERRED Consensus/direction to 0 1/28/2021 meeting(no ITEM ORDINANCE Staff following the PC N ORDINANCE REVISIONS changes to Sandbridge workshop on 2/22/2021 STRs unless noted) �.�. r� •.w, 0 Establish • No overly districts • Establish three Consensus Consensus tri Overlay currently exist overlay districts: • Permit STRs in OR and • Permit STRs in OR and Districts East Shore Drive, C RT zoning districts by- RT zoning districts by North End,and right right. Oceanfront Resort 3 • Other PC discussion New STRs prohibited CU outside of overlay ■ In proposed Shore districts Drive East and Proposed North End Other Discussions (Including the Hollies • East Shore Drive area)STR overlays overlay's southern require CUP with staff boundary changed to reviewing a maximum Shore Drive.Allow STR density requirement. by CUP Cap the STRs not permitted and density of STRs at not by CUP in areas 10%. outside of STR-Overlays • Include Hollies in ■ Overlays as referred by North End STR City Council Overlay.STR requires a CUP.Cap density of STR at 15%. 0 rt 0 < 6) raF n a_ 5. iv' a * CDm fD v Cfi N z- v wiV13 as Virginia Beach 3 DEPARTMENT OF PLANNING N_ 0 Requirement • CUP required for • CUPs will no longer • Allow administrative • No Change from first N for a any STR that is not be considered for approval and review workshop discussion 70 Conditional 'grandfathered'or STR use. every 5 years Use Permit located in the • STRs permitted only • If violations are found O (CUP) Sandbridge SSD if located in a to be detrimental to (State legislation). proposed overlay neighborhood,brought ■ Must meet district. to CC for revocation by standards of Planning Director O section 241.2. • Must pay taxes and register with COR. Parking • Required:One • One off-street per • No change in parking • No Change from first 2 Requirement space per bedroom required. requirement workshop discussion bedroom. • Space within garage • Allow all parking that is • If minimum (meeting available and meets cannot be met, dimensional criteria) dimension parking plan may count. requirements to count needs to be • Any spaces added towards parking approved by the on-site shall be including spaces inside Zoning pervious material. garages Administrator. • No street parking • Parking added shall not • No street parking may be used. be impervious may be used. 0 < 7I o0 • 0_ _ -o O1 iv c' r* W d) m m m I- 3 cu r1 01 N 7- ni Cl Aki O 2 Virginia Beach 3 DEPARTMENT OF PLANNING N• Vf 0 Inclusion in • Not included in • While STR is in use, • Move forward as • No Change from first VI the the existing dwelling limited to 2 proposed workshop discussion Residential ordinance, residential passes Parking (included as a only. O Permit condition on all • Guest and Program applicable temporary passes (RPPP) properties.] shall not be permitted. O 13 Special • Special event • No events • Move forward as • No Change from first Events permit required associated with STR proposed workshop discussion for gathering with with more persons C more than 50 than maximum people.(Permit occupancy. 3 through Resort • STR may not request Management a Special Event Office) Permit. • No event may exceed than 100 persons. • 3 events allowed per year. C'1 O 8IPar.'> 011 O. w EU. dro• • ?D— • � v N ri vr.) s Planning Commission STR Workshops Summary ,. oL N E 7 E O V O _ N_ _ 6D QJ O C O C re .0 n0 .0 U Y .0 Y z 3 z 3 ■ • G Y I 7 — 7 C d' N ns ti . c c . o. R N ° ° m C a .�. C v c I > a > C 7 ' 'O w 3 m E 7 co > ° m '^ v ii O o C o.«' _ a o C_ a. I- u n v4 3 ° 'C° o a o E .0 `-' L . °' N ` H w m to � 0. m c12 � 'c >.� m � - a v 73 w E c . di o c C o Q c c oa 'O .c •o E o o. ,A o E N aL o -c E y E ° m ° z c E' E a w a 3 a To 3 8 3 ° E' as - 0. . . . . . N ° c a w c E E r o o N 19 m E 40 co a, 7 m .°. m r c E c n •'° w o c v CL v c_ m , v c c C a o L L L 'L-' C u W CO o m 2.A N K1 C N 3 6 2 0 ea ft O C C N L H 0 _ CIO u L n N C O Y ° L V Y N 7 C tp 0. °+ o a-0 m 3 a E L ° E Z -0 > • . . S c wli C a ON C fil C ' C y O Q O C o E c a W > '_' v a C 3 > Q 0 2 CO i Q co C N 01 N vv., 3 > N 7 C U Gi C c L C ry 9 G! w ` V O f`0 a+ C V O 0+ 6 C p d u C A Lp C L C £ 0 > OO �+ b O C 5, Cr ..` . o 0 E ° a E Z nv~, Z $ an v ` .C° 0. E ,' °' . . ■ Z Cp w z o Z u N fe 5 ° P. L To E cu 67 LLO C eo N L E C C CO ci oo°'cd zo°1tu •� z •R a C. W O City of Virginia Beach Agenda Item 2 Page 18 ai 00 N/13 Virginia Beach 3 DEPARTMENT OF PLANNING V4 V_f 0 I Maximum • Total occupancy of • Total occupancy of • Move forward as • No Change from (n Occupancy the home between the home between proposed first workshop permitted the hours of 11 p.m. the hours of 11 p.m. discussion 7Jc and 7 a.m.shall not and 7 a.m.shall not exceed 3 persons exceed 2 persons per 00 per bedroom. bedroom. (Example:3 • Persons under the bedroom home= age of 16 shall not be 0 13 max occupancy of included in calculation tA 9.) above;however,in no Vf • [Conditional that case shall the total = has been used as number of persons 3 per City Council exceed 3 per 3 Guidance:Total bedroom. CU occupancy not to exceed two persons per bedroom (Example:3 bedroom home= max occupancy of 6.)] rt 0 D C w �• 10 � m as -0O) a a° cp m 3 v n l0 NJ O -NB 3 vo n Virginia Beach _3 DEPARTMENT OF PLANNING 0 Life Safety • To the extent • Owner/representative • Move forward as • No Change from N requirements permissible under provide Zoning with proposed including first workshop 7D state law, signed affidavit Sandbridge discussion interconnected (annually)stating the smoke detectors following: and CO detectors • Fire extinguisher (where applicable) installed and location; required. • Smoke detectors and O CO2 detectors in compliance with Building Code(if prior C to interconnect req., 3 min.of one per floor) 3 • Smoke detectors and CO2 detectors inspected annually. Deck Safety • No regulations • Structural report must • Structural report • No Change from regarding deck be submitted annually must be submitted first workshop safety are present in to the zoning office every 5 years to the discussion the existing • Must indicate all zoning office ordinance exterior stairs,decks, • Must indicate all porches and balconies exterior stairs, are safe. decks,porches and • Inspection done by balconies are safe. licensed engineer or • Inspection done by construction licensed design professional. professional or • Occupant load must licensed be noted and put on a construction C1 r. 0 <� 11IPar >Z 7 "V 0) v Orlv "I'm pp rD 0 N ai 3 P'1 \43 arl Virginia Beach 3 DEPARTMENT OF PLANNING 0 placard displayed at professional(Class the property. A or B). ■ Occupant load must be noted and put on 0 a placard displayed —s at the property. to Time • CUP shall expire • Same as existing • Allow • No Change from O limitations for after 5 years. ordinance. administrative first workshop .� Conditional Use • CUP may be • CUP may not be approval and review discussion to Permits administratively renewed every 5 years renewed by the administratively by ! • If violations are 3 Planning the Planning found to be Department. Department because detrimental to 3 • Zoning will notify no longer an neighborhood, -s City Council in approved use. brought to CC for '< writing of any revocation by complaints related Planning Director to STR use. Maximum • Not addressed • Not referred • Discussed maximum • Density Density density of STRs requirements noted within a in proposed "neighborhood" overlays • Staff asked to research what is permissible (7 r+ 0 <cro 12IPap,e Q 5 v u) v cm rDrD m v N n N Cu 3 3� cm 1B n O 3 Virginia Beach 3 DEPARTMENT OF PLANNING Vf. N 0 3 PROPOSED EAST SHORE DRIVE STR OVERLAY DISTRICT N CJ 0 vt 3" V \ / Direction per PC on 1/28/2021 meeting(no O '0 Consensus/direction to N OVERLAY DISTRICT changes to Sandbridge Staff following the PC C workshop on 2/22/2021 - t STRs unless noted) 3 '; a Change southern 3 en s„ae p��nae J �_-- o�. s • 'g ii. boundary of t m x .< e . ,� proposed overlay to ? % Shore Drive. \ y � I East Shore Drive STR • Cap density at 10%of �i a p • ' 1 j dwelling units in a•"' 1. N,nn 5"ore R pF 4 N N 4*e overlay. a I i ow STR by CUP only. n 0 > < CD �' 13IP,Fr. 0 12 5 v v ET. op Ti, 0 m n> NJ n IV N S -v a Ifi3 CM O 2 Virginia Beach Vt DEPARTMENT OF PLANNING V1 0 N PROPOSED NORTH END STR OVERLAY —i 3 0 as � 7r tc a . n / ? ciee4i. a --- tri e7. r:M Direction per PC on Consensus/direction to Staff (AOVERLAY DISTRICT 1/28/2021 meeting(no following the PC workshop C changes to Sandbridge STRs on 2/22/2021 3 1. _ unless noted) _ 3 •`'ir • include'"The Hollies"'. a) �'� Include area known as"The • Allow STR by CUP only. is fr Hollies"bounded by Holly Cap density of STRs to +h" North End STR Road,49`h Street and 45th 15%of dwelling units in eKh_ .0 street into North End STR overlay district. � lilt- Overlay otanr.SX r•■ ------_—--_.- _. , t t:irN • Ik icy f:. rSh Fa rig'ri n 0 > < 141nar.^ ola rt. �. 0. 5. -o v �. a co d° m a:. N n W N S 17 v Z AB = as n 0 Virginia Beach 3 DFPARTMENT OF PLANNING N V1 0 PROPOSED OCEANFRONT RESORT STR OVERLAY DISTRICT -I 70 O i t N N tr1 Direction per PC on 3 f Consensus j direction to Staff 1/28/2021 meeting(no 3 OVERLAY DISTRICT changes to Sandbridge STRs following the PC workshopCu d on 2/22j2021 „C STR permitted by right. • • Allow 2 rental contracts per 7-day period. Ocean Front Resort(OR)STR • $ k i IL 1 • 0 -h M 15 ) r , r,. Q 0 v a) E. as ro m ro a, N C, A N S TJ ai Virginia Beach 3 \JB DEPARTMENT OF PLANNING tn 0 THE HOLLIES (CURRENTLY NOT INCLUDED IN AN STR OVERLAY DISTRICT) 0 0 Vf Direction per PC on (/) 3 1/28/2021 meeting(no Consensus/direction to Staff OVERLAY DISTRICT following the PC workshop s5 �, changes to Sandbridge STRs s�; ; `` on 2/22/2021 51 ct:°` did unless noted) 5`S�tb SUI. �'� • To be included in the Nen The Hollies not currently Include in the North End "North End STR Overlay." e91h 5n • ;, �e� = included in an overlay STR Overlay district • Subject to density requirement of entire overlay • .:may 4-1 • eeY." 0 C cocra" 161Page 0_ a rp r; v N (l Planning Commission STR Workshops Summary I -10 L O O O ry rz O w O u V ry yr E c. ✓ ary o N - • u ry v •-• N y Q 7 C C , N L . O L un Y U N 0 O C — Z 1 O V ■ I C C N L00 O v .` is I— U C O n d �"' ' C7 CJ n cC W r OJ n cr '° o a I 76 U ry w+ C y �, ,�' 'C F- 01 v 3 4 c E O O Q N C H `1 CU t_ N - I N N O. O. W -C CC U ■ ■ I- Ce C «+ F to i— C m Z 2 N c tJ O N U' T N 0 A C J uy z to O LU c a 'C T cc V 1 C4 3 i u Ci 0 E >r C S 1- CC . NA liY ir t, ` -' • sw 0 l 'r. S; 1l, ' , ` t • • , • , Z ` . k3*,_,.I ' •Ve "'..,0 v.f.. w - T a •Zeit•• '( ' , 1.'1.:,,, tr-ri • '%I 0,41 i 7 ta- •g ,1., a •07i, ice. r �� /- [1� h 4' O. O City of Virginia Beach Agenda Item 2 Page 26 Item #2A(Divide 2A into Three Separate Voting Actions, (2A-1) E. Shore Drive, (2A-2) North End and (2A-3) Oceanfront Resort) City of Virginia Beach —A Resolution to Amend the City Zoning Ordinance Pertaining to Short Term Rentals: To Amend Section 102 of the City Zoning Ordinance Establishing Short Term Rental Overlay Districts, East Shore Drive, North End, and Oceanfront Resort; To Add Article 23, Consisting of Sections 2300 to 2303, (Short Term Rental Overlay Districts) to The City Zoning Ordinance Establishing Regulations and Requirements Pertaining to Short Term Rentals in Each Overlay District, To Amend The Official Zoning Map by the Designation and Incorporation of Property Into Short Term Rental Overlay Districts — East Shore Drive, North End and Oceanfront Resort District; To Amend Sections 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code Pertaining to the Requirements and Use of Short Term Rentals and Overlays; Establishing Transitions Rules for the Review of Conditional Use Permits for Short Term Rentals in the Short Term Rental Overlays; To Amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals and Establishing Additional Safety Requirements. March 10, 2021 APPROVED UNANIMOUSLY Mr. Weiner: That is all the speakers. Alright that is all the speakers, we are going to close this and open this up for discussion, we want to start with 2A, Mr. Kemp, we are going to call on you to walk us through this like we did, think I know what we are going to do here, but I am 2A consist of establish three short-term rental overlay districts, East Shore Drive, North End, and Oceanfront Resort. Do you just want to read through it real quick in this give us all right percentages for, if we want to do. Mr. Kemp: Yes, sir. Mr. Chairman, I think that is the best way I will just give a brief summary and then control the slideshow depending on what your speaking, take notes of where the discussion goes so we have an idea, and a clear understanding when the votes taken. So, agenda item 2A is the Ordinance to create the short-term rental overlays, you have heard speakers talk about them. The three overlays are East Shore Drive and as I mentioned earlier, as shown is what Council referred you had, had the discussion of moving that southern boundary up to Shore Drive from the Cape Henry bike trail. The second overlay district is the North End overlay. If you will remember from this morning, you have discussed, including The Hollies into the North End. Mr. Weiner: Let us go back real quick my were on the Shore Drive, what was the total percentage of the Shore Drive overlay, was it 8% from Shore Drive north, not including to the trail. Well I think we might talk about percentages real quick. Mr. Kemp: Bobby has given me the one second, I think he has that information. 1 Mr. Weiner: At least that is what we talked about in our workshop, so I wanted to bring that up now. So, if we want to go that direction we know what direction we are going to go in Mr. Kemp: Right and in the workshop the Bobby will hopefully get those numbers. Mr. Tajan: Mr. Chair, there are just residential properties when again I was counting it this morning just trying to eyeball, we are doing it by address points. I believe there is 165 now in that area. That is the new area that you have identified which is north of Shore Drive to the Chesapeake Bay in the same boundaries. Mr. Weiner: So, there is a 165 residential property, what is the percentage of STRs in that do we do we know that number. Mr. Tajan: I wrote it down I just do not know where. Give me one second. And, again this is based on the information that was pulled in November, when we started the process from the Host Compliance information. When I counted those that were listed that Host Compliance had pulled down there were 19 properties there so 19, it is 11.5%. Let me double check that. Give me one second. Mr. Kemp: That sounds about right, 10% would be 190. So, 11.5% and then the density CAP figures that were discussed at the workshop was 10%. Mr. Weiner: It is already over that 10%. Okay. Alright, I am not doing that one. Okay, go ahead. Mr. Kemp: And, a short-term rental you had discussed where Council had referred it as a by right you had discussed it as a Conditional Use Permit correct. The North End overlay, you had discussed, including The Hollies area between 49-and-a-half to 42nd Street, including that area into the overlay district, again short-term rental allowed by Conditional Use Permit with a density CAP of 15%. Mr. Inman: I think we did 15%, because we were already past 11 or 12 or something. Mr. Kemp: We were close to 15%, I forget the exact figure. Mr. Inman: There was really never any kind of consensus about 15%. Mr. Coston: It was just a plug number, something over 10. Mr. Kemp: Okay. So, with a density of North End of 10.5% approximately is where we stand right now. Mr. Weiner: I have another question. I know you are going to hate me after today. I think I asked this question at our workshop, how many short-term rentals do we have. I think Summer if I am not mistaken said there is two coming up in the future for the North End area that are coming up for Conditional Use Permit. Do you all know that number, by chance, there is still just two coming up right now. Maybe because 2 I think, Summer took a minute, was like 18 coming up in the next two or three months, two of them were in the North End. Mr. Kemp: I am not aware. I do not know if Bobby's checking that, I am not aware of any additional ones that have come in from the North End. And, that stems us through the next couple of agendas. Mr. Weiner: Okay. Mr. Tajan: I think the number that you were referring to Chairman Weiner is the question about the number of short-term rentals that were coming up in The Hollies area, I think that was Mr. Inman's question that come up. And there were no pending applications at that point in time. Let me see if I can find the other one, if there was one for the North End. Mr. Chairman, it is three. Mr. Weiner: It is three in the North End coming up. Mr. Wall: Yeah, let us recognize them and Will Miller, also have some information he would like to share so if it is okay with you, we would like to recognize him. Mr. Weiner: Sure definitely all information to help out. Mr. Miller: Atlantic Avenue is one duplex, so that is two of the applications and then there is one more in the North End, so, three in the next coming hearings. Mr. Kemp: Okay, Will could you repeat that from the start, I think you were cut off at the beginning. Mr. Miller: Okay, like you said there are three in the North End coming up. However, one of those applications is a duplex and the same owner owns both units at 8809 Atlantic. Mr. Kemp: Okay, thank you Will. And the last overlay that was referred down to you as the Oceanfront Resort you had discussed, including the remaining RT properties into this, though there are few remaining. They are in the Oceanfront Resort area and you felt that short-term rental is appropriate. This overlay you did agree that it would be by right, you suggested that two rentals per week was appropriate for this overlay with no density requirement. And, those are the three overlay districts that were referred to you and included in item 2A. Mr. Weiner: What about the RT District are we not doing that, is that going into this 2A. Mr. Kemp: Yes that would be included in the Oceanfront Resort Overlay. And, that would be included in the 2A. Mr. Weiner: That is all of 2A, so, we have to make a determination on 2A. Comments. Yes ma'am, Robyn. Ms. Klein: I would prefer to vote on the overlays independently. 3 Mr. Weiner: We cannot, we have to do 2A. Ms. Klein: We have to do 2A. Okay, in that regard, I can support the Oceanfront Overlay, I am having a much harder time reconciling the North End and East Shore Drive, especially, and this will come up later on at the exclusion of the rest of the city I think like you move to the Oceanfront you understand you are in a resort district, but the North End and the Shore Drive favor the wealthy, and so that excludes the rest of us in the city who may be able to take advantage of short-term rentals. So I will be voting against 2A. Mr. Weiner: Well, not unless we reword it. Ms. Klein: As it is currently written. Mr. Weiner: As it currently written, I mean personally, we could make it. Ms. Wilson: We have looked at it again, and again, and again, and again. And I think if you want to do it, and divide the question, what you need to do is just do East Shore Drive, North End, Oceanfront. Do not do The Hollies we are going to put The Hollies, that would be discussed when you do North End. Mr. Weiner: Okay, let us go back to Shore Drive, then we go to North End, we decide if we want to put The Hollies in North End. Ms. Wilson: Then we can do RT in ORD. If you want to split them up that way I think we can do that. Somebody has to move to divide the question. Okay, and then you have to have a second and then you have to vote to do that, but that would be fine. I think that will catch everything. Mr. Weiner: Can we eliminate The Hollies completely, or do we have to vote on the North End to eliminate The Hollies. Ms. Wilson: Yeah, when you vote on the North End you will decide whether the Hollies are in or out. Yes, but it is something they have talked about putting in, so I think you have to decide in or out for The Hollies. Mr. Weiner: How about if I said no more short term rentals in the North End, Shore Drive area, only Oceanfront OT RT district, bottom line. Ms. Wilson: That's fine. Then you wouldn't have to vote on them individually. Mr. Weiner: Okay, we can just do 2A and I think that is where Mrs. Klein was going. Ms. Wilson: Okay, and then, if we do that, then Ms. Oliver will need to abstain on that one. Mr. Weiner: Okay, let's hear some comments first before we go that direction. Mr. Coston: So, are we saying only, to cut North End and Shore Drive, cut those out of the overlays. 4 Mr. Weiner: No, cut them out completely. No short term rentals at all. Only short term rentals in the Resort District, in the RT OR district. Ms. Klein: Oh, I don't know that I agree with that. Mr. Coston: I don't either. Mr. Weiner: So, you are saying you still want short term rentals in the North End. Ms. Klein: So, I am saying that I agree, excuse me John, for talking over you. I agree with Oceanfront RT by right. I don't think that that should exclude other parts of the city from being able to either by registration or by permit. This was more just a "I don't support the by right in the Shore Drive and the North End." Mr. Weiner: Okay, I don't think it was worded like that anyway, you know what I mean? Jack. Mr. Wall: I was just going to make a motion. First, to split. Mr. Weiner: I was trying not to but I think we are going to have to. But if anybody wants to make a motion to split them up, please do. Ms. Klein: I would like to make a motion to divide 2A into three separate votes. 2A one, two and three, so that we vote individually on each of the overlay districts. Mr. Weiner: Okay, do we have a second? Mr. Coston: Second Ms. Klein: Kay, I have a question. Voting on these districts, in the requirements for short term rentals in the overlay districts zoning, so like if I say I vote in favor of the Oceanfront Resort district, does that mean that I am also voting in favor of excluding the rest of the city, or is that a separate? Mr. Tajan: So that's why we are having trouble here right. So, if you divide the question you are essentially saying that you want to determine that you are okay with these overlays. If you are not okay with the overlays at all and you just want to, it sounds like Ms. Klein, that you are talking about Conditional Use Permit everywhere in the City, but by right in the OR and the RT district. That sounds like what you are looking for. Ms. Klein: Yes. Ms. Wilson: But we are not going to do those in this section. What you have to do is probably. Ms. Wilson: That is kind of like a completely different than what is already on the table, so you may need, you need to take the whole question together if that makes sense. Mr. Weiner: That is not really even in this ordinance, that is completely different. We are just talking about the overlay in this ordinance. 5 Ms. Wilson: What I will say is this is the only place the ordinance will say where STRs may be allowed. So every place else it will not be allowed, it will be an X, not anything else. Mr. Weiner: Right, that would be something we would have to bring up differently in the future, bring it back, wouldn't it? The rest of the city anyway. That would be something that Council would have to bring back to us. Mr. Tajan: Technically, so you can take it, and Kay, you can fuss at me how you want, but you can technically vote on whether you support or not support City Council's proposal, right? But what you are doing is you are bringing forward your own recommendation, ok? And so you need to have consensus on your own recommendation moving forward. So, you can vote either up or down, thumbs up thumbs down on what City Council sent you, or you can say in place of that, we recommend this. And so, the key is when you recommend this, you should probably have a consensus on what you want to do, probably determine if there is any support for any alternatives, which is what is kind of what's on the table at this point. Kay, I think that is the easiest way to kind of explain it? Ms. Wilson: Okay, so if you want to have a discussion about everybody else, about the rest of the City, make it a discussion and then you can divide that question too. Okay Ms. Klein? Ms. Oliver: So I just want to be clear, because I thought during workshops we had pretty much clarified this. The way it's presented to us, handled down from Council, as this Ordinance is written,we had discussed in the workshops, specific things according to the overlays.And one of those was that if the overlay was chosen to be removed from these two or three areas, which, let's take out OR and RT, but Shore Drive and North End, that there would not be any short-term rentals permitted at all. Just like Council has asked for the rest of the city. Mr. Weiner: That's what I was understanding. Mr. Kemp: Yes, and while Kay is talking, let me explain a little because this got all muddied together. Because you have item 2 and then it's broken up. What 2A is, is the boundaries of any overlay district, so you are dealing with the area included in the overlay. What B deals with is amending the zoning map, then you have C which is the requirements. Mr. Weiner: Back up a minute. So, A & B, let's think about this a minute. If we break up A, we may have to break up B. Mr. Kemp: Well, B, whatever is voted on in A and approved in A, B just goes and coincides with that to update the official zoning map. Mr. Weiner: Okay, so let us go this route. Let us get this route we got a motion on the table to break them up. Okay, and a second. Let us vote on that,then we can break these up, and then we can determine we can talk about each individual one. Does 6 sounds good everybody? All right, so we have a motion by Ms. Klein, and a second by Mr. Coston, to break these up and vote them on individually. Ms. Sandloop:Okay, Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. 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 seven in favor zero against you have agreed to divide 2A into three different questions. Mr. Weiner: Real quick, for the record, Mr. Horsley has left the meeting. Ms. Sandloop:Thank you. So, noted. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 7 Item #2A - 1 City of Virginia Beach — East Shore Drive Overlay District March 10, 2021 RECCOMENDED FOR APPROVAL— HEARD Mr. Weiner: Okay. So, now we are voting on now we need to go to 2A-1, East Shore Drive. Mr. Kemp: And 2A-1 just to be clear, we have talked about density, whether it is a Conditional Use Permit or not, that those are addressed in 2C and 2D. What 2A is, is just the boundary. I know it's muddied the waters a little when we have discussed them along with the boundary but what 2A is, is the boundary and the area included in any short-term rental overlay. Mr. Weiner: But we still have to determine if we want to let this keep going, or do we want to put a cap on it. Mr. Kemp: Correct. And that is a discussion, Mr. Weiner: Right, it is only 165 houses residential houses in that area. So, what do we want to do about that. Mr. Inman: Well is one legitimate issue that we do not want an overlay? Mr. Coston: I thought it is where we were kind of headed to, no overlay. Mr. Weiner: That is what I wanted to do and do it all at one time, we are going to be breaking them up. So, somebody make a motion or discussion. Ms. Klein: I move that there be no overlay on East Shore Drive. Mr. Weiner: We have a motion for no overlay. Ms. Oliver: I will second that. Mr. Weiner: We have a motion by Ms. Klein and second by Ms. Oliver. We are ready for vote. Mr. Tajan: Do you want to have any further discussion? Mr. Weiner: No, we are just saying no overlay at all, it's no overlay whatsoever. Ms. Oliver: And just to clarify that means no more STRs in that area, is that correct? Mr. Weiner: That is not correct. Ms. Oliver: No, that's not correct? Mr. Inman: Not necessarily. It's a start. 1 Mr. Tajan: So just to understand and this is where we get into the complicatedness of a zoning. So, this is the actual zoning district that is being created. There are rules that go into the zoning district right, or can be globally changed for the city. So, those rules that are globally changed, as Kevin noted is going to come up in 2C and 2D, so right now if we just want to say we are not going to have the overlay and then you will look through those zoning regulations without overlay, without this overlay in place. Does that make sense. Mr. Kemp: Yeah, so you would not be putting special conditions that did not apply elsewhere onto this one specific area. Mr. Wall: Just before we do vote, let us do have a brief discussion on the reasons why and not, not why to support this overlay district. Ms. Klein: I'll start since I kind of started it. So, I based on what we have heard from the community, it does not sound like that as a whole, the East Shore Drive residents are amenable to the idea of having a by right short-term rental overlay, not that they want to exclude short-term rentals entirely, but they do not want to allow a by right overlay. And so my motion is to say that we do not have a by right overlay on East Shore Drive. Right, that's what I said? Mr. Weiner: Was it worded like that to begin with? Mr. Inman: An overlay does not have to be by-right. Mr. Weiner: It can be an overlay with Conditional Use Permits, which that is the way it was supposed to be. So,this was an overlay with Conditional Use Permits, that is what we are trying to do. So, if we say no overlay, now people can actually still come back in with a Conditional Use Permit for this area and try and get a short-term rental in this area. Ms. Klein: Yeah, I am okay with that. Mr. Weiner: Okay, but just not in this overlay so that means we are going to go back to what we were doing from day one, six years ago and we are going to listen to each one individually in the future. Ms. Klein: So, I am not saying that I agree with that, I apologize I could not have been at the last workshop, I also was not here six years ago. I am saying that, aside from the Oceanfront Resort, I do not think certain parts of the city should have special privileges over others and I apologize that that was unclear and I did not say that properly. Mr. Weiner: I understood what you were saying, I understood exactly what you were saying. Ms. Oliver: Wait, I just had to ask Robyn a question. So, when you said special privileges over the rest of the city. What does that mean, I'm just curious because now all of a sudden I am thinking. 2 Ms. Klein: Sure. So the way I read this right now, and based on Kevin's wonderful presentation earlier today, East Shore Drive and North End overlays would be permitted short-term rentals under certain conditions, and the Oceanfront Resort overlay would be permitted short-term rentals by right. That is my understanding. What my ultimate point opinion is, is that I think that the Oceanfront Resort should receive short-term rentals by right. Okay, so that one I agree with, I think the rest of the city should have the opportunity to run a short-term rental, not that I agree with the method that we have right now to go about it, but I do not think that residents in Centerville or Kempsville should be excluded. Ms. Oliver: So, okay so that is what I am trying to. Yeah, but I do not know and I have just thrown this back out to you, Kevin. That is not the discussion at hand for this particular ordinance. Mr. Kemp: Well, it all ties in, because if you wanted to have the Oceanfront Resort overlay, and then treat the rest of the city in a different way, you would have to remove this overlay from the ordinance going forward. Mr. Weiner: So actually,there is a North End overlay we are just not going to permit your short- term rental. Mr. Kemp: It was going to be an overlay on an overlay. Mr. Weiner: Okay. So, let us get back to this, go back to the East Shore Drive real quick. So we have a motion on table to take the overlay off and a second, to take the overlay out, okay. If we vote on that and that goes, somebody can still go back in there with a Conditional Use Permit, next month. Mr. Tajan: So, we have not gotten to that discussion yet right. We need to get there so the key is, is that I am going to try to, I am trying to summarize, in an easy way it is not easy because it is all in pieces right. So the overlays were used to say when they were referred to you the overlays were used to say this is where short-term rental should be, and it should not be anywhere else. That is the general concept, so if you say that you do not want this overlay here, that's the saying that, that in that general thought you are not distinguishing this as someplace that is different, that should be treated differently either for or against short-term rental. Does that make sense. So, if you remove this, if you choose to remove this or if you and you choose to remove the North End, short-term overlay district,then the questions for the regulations become a different discussion if that makes sense. Mr. Inman: Okay. It seems to me that we once talked about putting these limits on and using the overlay to do so. Limits in those. So if we eliminate the overlay, then we now have lost the ability to put a cap on short-term rentals in those areas. Mr. Weiner: And it gets deeper from that. That means some because I understand where we are coming from, you do not want to see the whole city not be able to have short- term rentals. That's basically what you're getting at. And I think there's uhm, so I 3 guess we are just going to have to have a consensus on us between us. We agree with that. Somebody needs to speak up. Mr. Coston: I agree with that. Mr. Weiner: So, you agree to having short-term rentals in the whole city. Okay,to for the whole city. I personally do not, I do not, okay to say no to Mike does not. Jack. Mr. Wall: I think that we also have the grandfathering aspect of it, which is going to come up 2C. So that to me that kind of plays into it also. Mr. Weiner: It does and it doesn't but not in this particular one it is going to come in 2C I think that's something 2C. Mr. Wall: Right and I did hear from the residents,from a fairly large percentage of those who lived in the Shore Drive East Shore Drive area that they were, they were opposed to this, being treated differently. You know, having an overlay on them that treats them differently than the rest of the city. So then, that kind of weighs was on me. It wasn't just those who spoke today it was quite a bit of correspondence that we did receive, so that that does weigh on me in this aspect. Ms. Oliver: Well, the way I, the way I read and heard them was with this particular overlay, was that, yes,they did not like being singled out as far as this was where the short- term rentals were supposed to be. And from what I gathered, they did not want them, or did not want any more. They do not want any more, no more to this neighborhood. It's a neighborhood and they did not, they were like cap it, stop it. Mr. Inman: Absolutely right. Ms. Oliver: Yeah, and to the point where Whitney had even said, you know, we will take the southern side of the overlay out to protect it, to keep them from having any more but they were saturated enough, and there were enough letters to, I thought to warrant that. So that's where I was coming from and taking the overlay out was, because the rest of the city was out of that, and not and I totally get where you're coming from, but I was looking at this particular concentrated area.And so in order to take it out of the overlay I was trying to stop the addition of STRs that were already there. Not that the ones that were there could not operate but more of them, because it is such a high density area. Mr. Weiner: Ms. Wilson. To get around this, because I think this has changed. Can we look at a substitute motion, or do we have to vote on this. Ms. Wilson: You can substitute Ms. Klein's motion, but you are just making this even more complicated. Mr. Weiner: I know, but now that we understand where we are at, I think I think there's a lot of us here who do not want to follow through with that motion. 4 Ms. Wilson: Okay the motion was that we would remove the East Shore Drive overlay, as a by right use of STRs. Mr. Weiner: Slash no short-term rentals at all? Ms. Wilson: No, that is not what that says. Mr. Weiner: Alright. So, how do you all feel about that, I'm not on board with that. Somebody needs to make a motion. Ms. Wilson: So we need to vote on that, somebody needs to make a substitute motion. Mr. Weiner: Somebody. Do you understand what the substitute motion would be? The substitute motion would be that we actually had to go back to an overlay and just have the caps, stop, no more short-term rentals there. Have an overlay, yes, there is an overlay there, with no more short-term rentals allowed. We can do that. Mr. Wall: I do not think that would be the right, I think it would just be not having an overlay period. And not treat it any differently than the rest of the city. Mr. Inman: How does that helps stop the flow. I do not know, Mr. Weiner: Let us try to figure it out how to stop the flow. Mr. Tajan: So, the question still has to be asked whether, if you take this out of overlay so remember, you are the overlay is identifying something specific about this area that means it should be treated differently. Okay, if you are removing the overlay, and you plan on treating it like the rest of the city, we still need to get back to the discussion. The rest of the city is it not permitted? Which is what, which is what the consensus is right, that is what we took down as the consensus, was that the short-term rentals were no longer permitted outside of any of the overlay districts. So that is where staff is sitting right now, because that's the information we have. Mr. Weiner: So if we get at this vote on this then, we go to the North End, we vote on the North End and keep the overlay there and cap, do a percentage there and that will take away everything from the city, the rest of the city. Mr. Coston: I did not hear the same thing from the North End that I heard from Shore Drive. Mr. Inman: That because you did not read the 625 pages. Mr. Coston: We are not short-term enthusiast you say it. Well, we know short-term rentals are here to stay. We just want to make sure they're monitored better, even, and there are a lot more people who say they wanted them that we heard from today, than not, but the ones who did not want them, said, let us monitor them better and make sure they are safer for us. Mr. Weiner: Okay, let us get through East Shore Drive, because I think we know that we don't want an overlay. 5 Ms. Klein: So we have the question as to whether or not we will allow short-term rentals in the rest of the city, that is a part of 2C. Mr. Kemp: That will ultimately be resolved, I mean that is a decision that has to be made it would ultimately be resolved in 2D, which is where we update the use permit or the use tables and each section where short-term rentals are permitted. So you could have short-term rentals in OR district, a "P"- permitted short-term rentals in North End, a "C"conditional short-term rentals everywhere else in the city, and "X" for prohibited, "P"for permitted you could do it through that with the use table. Ms. Klein: Okay, so I understand what Mike is saying, regarding if there's no overlay we cannot cap it. Right. Okay. And that the question of whether or not we allow it, other places in the city is a different question that we can answer farther down. Mr. Kemp: Correct, yes that is addressed in our use tables. Ms. Klein: Okay, so I would like to revise my own motion. Mr. Weiner: Can we do that. Ms. Klein: Okay. I would like to revise my motion to approve the East Shore Drive overlay with a cap of 11.5%. Okay, so I move that we approve the East Shore Drive overlay within an 11.5% density cap. Ms. Wilson: What do you mean by East Shore Drive overlay, is that all the way - all of it or just Shore Drive? I guess that is whatever that is. Mr. Kemp: Is it what Council referred down, which is what you are seeing on the map, or did you want to move that southern boundary up? Mr. Weiner: What does that do to the houses, north, south of the Shore Drive to the trail. Mr. Kemp: If you move the boundary up to Shore Drive the houses of south of the trail would no longer be in the overlay, so if you prohibited short-term rentals elsewhere in the city they would be prohibited in that area. Mr. Weiner: Perfect for me. Mr. Inman: So we want to modify the definition of the overlay in your motion. Ms. Klein: I am modifying it to stop at Shore Drive? Mr. Inman: Correct. Mr. Weiner: North of Shore Drive Ms. Wilson: I guess the next question is, in the overlay, let's get them all done, let's not parcel them out for the next six hours.What is, do you want, okay, you are going to do an overlay, is that they are going to be permitted by right? 6 Ms. Klein: No. Ms. Wilson: Permitted with a CUP? Ms. Klein: Yes. Ms. Wilson: Let's go ahead and get that here. Because all you are really doing here is getting it so that I can write it. Ms. Klein: So if there is a 10% cap or 11.5% cap, does it matter if there is? Mr. Inman: Yes, because they could go away. It could go down to 8% Ms. Klein: But does it matter if we do the permits verses the registration? Mr. Weiner: What do you mean? Ms. Klein: So, if it's a, can we do an 11.5% by right. Mr. lnman: No. Ms. Klein: You have to do a CUP? Mr. Kemp: You could but it sounds like the discussion is more that, the desire would be that if this area dropped under that percentage and there was still density left, that any property that wish to do it would require a CUP. That Council still would want, you know, you would still want to see those properties. Ms. Klein: Okay Ms. Wilson: Okay, so where we are is you have made a motion for the East Shore Drive overlay that would be bounded by Shore Drive. That any short-term rentals in the overlay would require a CUP, and that you want a cap for density of 11.5%. Ms. Oliver: No. Mr. Weiner: Yes, that's it. Ms. Oliver: No, don't panic. Are we at 11.5 there or 10? I thought we were at 10.5 on Shore Drive. That is, I am just checking the numbers. Mr. Kemp: The earlier number we had calculated was 11.5. Ms. Oliver: Just on the north side? Mr. Kemp: That is 19 short term rentals of 165 properties. Ms. Oliver: On the north side of Shore Drive? Mr. Kemp: On the north side of Shore Drive. 7 Ms. Oliver: Okay Mr. Weiner: So, we have a motion by Ms. Klein, we need a second. Ms. Wilson: Well actually this was an amendment to her motion. So we need the second to agree with her motion. Mr. Coston: I agree for the second. Ms. Klein: Which was the original motion? Mr. Weiner: So, we have an amendment to Ms. Klein motion and second by Mr. Coston. Ms. Sandloop:The original second was by Ms. Oliver. Ms. Oliver: I second. Ms. Wilson: Okay, before the vote Ms. Oliver needs to disclose. Ms. Oliver: Ms. Oliver, needs to disclose that she owns a piece of property in The Hollies. The address of it is 4500 Oceanfront Avenue. And so,with that I will abstain from voting on the addition or the exclusion of The Hollies when we go to vote on that. But that all other short term rentals Ms. Wilson: Where is your short term rental located? Mr. Weiner: What street? Ms. Oliver: It is located in The Hollies, 45th Street. That is the address is 4500 Oceanfront. I said. Ms. Wilson: 4500 Oceanfront is there. However, for all the other STRs you are only disclosing this fact, because you feel you are a member of a group, and you can independently, objectively, and in the public interest, be unbiased for those votes. Ms. Oliver: Yes, I do. I can be unbiased and all the rest of the votes. Thank you. Ms. Wilson: Okay, then we are going to put that in all of them. Wherever she abstains, when she's going to abstain on one and then she is going to disclose on the others. And what we will put is disclosure and I will give you a letter tomorrow. Ms. Oliver: Yes, ma'am. Mr. Weiner: Okay, we are ready for the vote. Ms. Sandloop:Okay, so it is an amended motion by Ms. Klein to approve the East Shore Drive overlay with a density cap of 11.5% and the boundaries modified to stop north of Shore Drive. Mr. Weiner: Yes ma'am, with Conditional Use Permits 8 Ms. Sandloop:With Conditional Use Permits. Thank you very much. Okay, Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. 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 a vote of seven in favor zero against you have approved the motion to approve the East Shore Drive overlay with modifications as described. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 9 Item # 2A - 2 City of Virginia Beach — North End Overlay District to include The Hollies March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Okay, on to the North End. So, we really kind of know what we just did. So, the North End should be a little bit easier. Mr. Coston: So you want to do the same thing? Mr. Inman: Should be easier. Mr. Weiner: So, we know we are going to do. We are at the North End, we are at a 10.6%. And, of what's in there now, and we can do it. I do not see why we can't keep it at 10.6% Yes. Ms. Oliver: So, Kay, I have one legal question for you. When we talk about these percentages to cap them, so that there are no additional STRs in these overlays, does that hold up. I mean, how. Ms. Wilson: What would happen is now when another one comes before Planning as an application, they will have to figure out if it is below the percentage that is in the ordinance. If it is above the ordinance, they can still go forward with, that would be the main part of the staff report and the staff report should probably say and it needs to be denied. Ms. Oliver: So, how do we, if the objective here is to stop the addition of them. How does that how do we implement that, with, is there an additional, something that we can add to that, so that we if we say 10.6% is the saturation point of which this particular area can handle STRs. That the ones that already existing can obviously exist and should there be no more, should it go below that then we can add into it but, how do we protect these particular delicate areas from that happening. Mr. Inman: I think what Kay just said, keep statistics and then they have to calculate it when an application comes in, and say I'm sorry, this area is saturated. Ms. Oliver: But you said it would still come forward. Mr. Inman: They can't process that application. Ms. Wilson: It would still come forward. Ms. Oliver: It would still come forward to Planning Mr. Weiner: Then we deny it. 1 Mr. Inman: But my question is, what goes into that statistic to determine the 10.6% Is it permitted, by CUPs, is it grandfathered? Mr. Weiner: I think the overall STRs, whether the grandfathered, and they are legal, that would be the percent. Mr. Inman: So, we got to list the grandfathered, the CUPs. Mr. Weiner: Yes, I would say yes, he's shaking his head. Mr. Kemp: Yes, the methodology would be, we are going to have a number of dwelling units in that area, and that's our base number to go off of. We will also have and we do not have it yet, because we do have to go through applications and registrations, but in the relative near future we are going to establish how many grandfathered we have, how many Conditional Use Permits. Basically how many short-term rentals are in that area, because we have that number,there might be some illegal ones that we will regulate, because if they are not legal, of course, you know they cannot. But that is how the regulatory method. We will have the total number of units and when an application comes in or registration comes in, if it is a new property, we will compare it to and see if there is room in that overlay district for that short-term rental to operate. Mr. Weiner: Alright, we good? Ms. Wilson: We've gotta decide if we are going to modify this a little bit. We are all gathering we are trying to make sure we can do the best thing, okay. So I am sorry it is not all done and we cannot do this. But what we can do is, in when somebody comes in to get an STR in the North End or in the East Shore Drive, what would happen is, Mister Zoning Administrator would make a determination whether or not they could apply whether or not it could not be done. And then the route of appeal is through the BZA, just like any other determination by Mr. Kemp. Okay, then it would not come to you unless the BZA says, you know, disagrees with him. Mr. Weiner: Sounds good. Mr. Inman: Mr. Chairman. Mr. Weiner: Yes sir. Mr. Inman: But before we move on to the next topic, I just want to say for the record of about why I am having a sort of a change of mind not since our last discussion really, but just having thought about what we are going through with short-term rentals. The reasons that you know we are seeing increasing public resistance. It is building and building every time we have a consideration of this, and it is become clearer that it is not a very popular idea with the most of the people. Number two,we have enforcement problems, not because they do not want to enforce it, it is just a question of, of manpower and detection, and all kinds of issues with trying to 2 enforce our rules. And we do not need to have more problems with enforcement than we've already got. And we need to recognize the impact of internet business and entrepreneurial activity, that we have so many people entering into this business, that never really thought about doing it, and maybe, you know COVID has had an impact on escalation of that but I think it is going to be permanent. And I think it is time to recognize it, but we are in a new dimension of resort rental property ownership. Mr. Weiner: Very well said. Mr. Coston: Mr. Inman. I think that there is a proposal to hire people based on revenues raised from this business. My understanding is they got cut last year because of COVID not being sure what the income was going to be like, but there will be some enhancement in that enforcement power. Mr. Inman: That would be great. Ms. Oliver: And, to be honest with you on that note, and, and I have got to go along, if I can get my internet backup, but with Mike on that. What was concerning was they had talked about the short-term rentals,with a real estate management companies, but we have zoning for a specific reason.And we have residential areas to differentiate against the industrial areas and our businesses and what is concerning. One was the,what happened this past weekend, because the neighbors sent me the videos, and I sent them to Bobby and passed them on and to see and hear the activity that was going on and, granted it was an illegal STR. But, had it been one that we had approved it, I do not think it would not have changed the behavior. He just happened he just didn't happen to register it. But to hear the gunshots,to hear the screaming, to watch the police to see that this group, it didn't bother them. They were selling tickets, they was a shoot out at 3am on Friday morning or Saturday morning and they came back and they did it again the following night. It was difficult for them to get it under, under control. So, at one point, we are standing there and we are listening to both sides, and what you hear is, this is our neighborhood, the proximity of it just happens to be near the ocean, it is a public beach. They deal with the public all the time, and these people pay an enormous amount of real estate taxes on this property so I have, I kind of have this thing where it is these STRs where we bring all this revenue to the city. Well, the real estate taxes alone is large on these small pieces of property, which is revenue for the city. Along with that you had all these people kept saying, Well, it is my right, it is my property, it is a, I bought this to start a business. Well if you bought it to start a business, then you need to be in an area that zoned for that, not in an area that's zoned as a neighborhood, to protect this particular, these are us, we are because we are all residents of the city we all live. For the most part we do not live in an industrially zoned area or a business area. We live in a residentially zoned areas so that we know that we have consistent neighbors throughout. You buy one or two houses in your life and that's where you live and you grow up and 3 you raise your kids and you have dogs and you do all those things. And all of a sudden, it's become a right or it appears to, from one person after another to buy property in a residential area and start to conduct a business. And, I am not sure that is exactly where we are intending for our city to go. I am not against short- term rentals or long term rentals or anything like that, but I am not in favor of this changing or morphing into what it's become. And it is become a burden to the city and its residents, and to Planning Staff and to Zoning, because they cannot possibly monitor or chase this, they just cannot, and so now we have we have we have introduced a different type of entity into an area that was never designed to handle something like that and I just have a difficult time with it. I am sorry. Mr. Inman: And to add to that, our zoning code, when it talks about residential districts it sets the tone for residential districts, it talks about certain accessory uses that are harmonious with a residential community living. And I do not think this is a large number of quasi-commercial if you want to call it, that enterprise is then harmonious with residential living. Mr. Weiner: So, I do not want to bring more into this but I think we have been the City of Virginia Beach, has been very lenient with short-term rentals, through this process we have been dealing with this for the past five, six years, compared to other cities. So, I mean, where we are at now we have a lot. The map that Mike sent out to us the other day if you clicked on the amount of short-terminals that are in cities, there is quite a few, so I have no problem with what direction we are going in right now. Saying that, good segue into North End unless y'all have something. Okay, North End. Right now at North End we are at 10.6%. And we put, we just put a cap on the Shore Drive area, how do we want to work the North End. Ms. Klein: Where does the 15% cap come from,. Mr. Weiner: We just made it up the other night. Ms. Klein: Okay, we really do not need to be there. Ms. Klein: Okay, the 10.6, does that include the Hollies or is that excluding the ones that are in The Hollies. Mr. Tajan: That includes The Hollies. Ms. Klein: So, I would support a motion with a 10.6% cap. Mr. Weiner: Okay. Do you want to make the motion. Ms. Klein: I move to accept the North End overlay to include The Hollies, and to cap short- term rentals by Conditional Use Permit to 10.6%. Mr. Kemp: And just to be clear, it is the boundaries as shown as what is referred to Council plus The Hollies. 4 Mr. Weiner: That is correct. I do have a motion. Do we have a second. Mr. Coston: Second. Mr. Weiner: I have motion by Ms. Klein and a second by Mr. Coston, comments. Ms. Sandloop:This is a vote on the North End Overlay District to approve the North End Overlay District with a density cap of 10.6% and with the addition of The Hollies. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver is abstaining. Mr. Redmond is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By recorded vote of six in favor of and zero against with one abstention. You have approved the North End Overlay District as modified. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT • Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 5 Item # 2A - 3 City of Virginia Beach — Oceanfront Resort (to include properties zoned RT Districts) Overlay District March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Okay, now we go to OR district, Oceanfront Resort district, which is going to include the RT district, we will include the RT, and we will also we are going to change it to, is this where we change it the two rentals per week, allowed and also this will be by right. Mr. Kemp: Yes, I think we included all that and we are just knocking this out. Mr. Weiner: I like to have that in motion. Mr. Alcaraz: I was ready to make that motion, it is going to be easy one. I like to make a motion that we create the overlay district for the oceanfront, adding the RT zoning districts, STRs permitted by right, two rental contracts permitted per seven day period. Mr. Weiner: We have a motion by Mr. Alcaraz. Ms. Klein: I will second. Mr. Weiner: We have a second by Ms. Klein. Mr. Inman did you have a comment. Mr. Inman: I just wanted to clarify that the territory shown on the overlay, is it the pink on the map? Mr. Kemp: On which map, on the far left, it is the orange and in the middle map the pink are actually streets or property, so it is really there is very few properties. There is one RT4 in the middle of Old Beach, the RT3 property the blue you see, that is only a few properties down by Winston Salem, a majority of that blue area is water. And as you can see there is some scattered RT3 properties but, I mean we are talking a handful of properties in the city. And I do not believe any of them are north of the one RT4 property left in Old Beach, they are all south of that. Mr. Inman: Alright. Mr. Weiner: That is correct. Mr. Alcaraz: Mr. Weiner let me amend that include OR district and what I just said to. I just said RT3, it is OR district. Mr. Weiner: Okay, yeah, OR district, okay. We are ready for vote. 1 Ms. Sandloop:Okay, so the motion made by Mr. Alcaraz is for the Oceanfront Resort District to include the RT, by right, with two rentals per seven day period. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. 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 seven in favor zero against the North End Overlay District has been recommended for approval as modified. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 2 Item # 2B City of Virginia Beach —An Ordinance to amend the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts — East Shore Drive, North End and Oceanfront Resort District March 10, 2021 RECOMMENDED FOR APPROVAL — HEARD Mr. Weiner: No problem. Okay. We are on the 2B, let's rock and roll. Mr. Kemp: So, 2B just to remind you is, now that you have voted on proposed overlays, it would be taking the areas you voted on and putting those onto our official zoning map, which is kept in in the Zoning Office. That is what you're voting on. Mr. Weiner: I need a motion. Ms. Klein: I would like to a motion to amend the official zoning map by the designation and incorporation of property into short-term rental overlay districts, East Shore Drive, North End, and Oceanfront Resort District. Mr. Weiner: We have a motion, do we have a second. Mr. Alcaraz: Second. Mr. Weiner: We have a second my Mr. Alcaraz. Ms. Sandloop:Okay, calling for the vote. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. 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. 1 Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop:By recorded vote of seven in favor and zero against you have approved an ordinance to amend the official zoning map by the. Mr. Kemp: Just to be on the record, just to be clear, that was amend the zoning map to the areas that were discussed and approved in 2A AYE 7 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSEBT Wall AYE Weiner AYE 2 Item # 2C City of Virginia Beach —An Ordinance to add Article 23, consisting of Sections 2300 through 2303 (Short Term Rental Overlay Districts), to the City Zoning Ordinance establishing regulations and requirements pertaining to Short Term Rentals in each Overlay District March 10, 2021 RECOMMENDED FOR APPROVAL — HEARD Mr. Kemp: Now 2C we start to get to the meat and potatoes. These are the requirements that City Council referred down, to be in the overlay districts. So, Mr. Chair, however you would like to go through this, would you just like to. Mr. Weiner: We went through it this morning. Does anybody have any changes. Ms. Klein. Ms. Klein: So I do, now that I have a better understanding. I would like to amend the established overlay districts. For this, the parts of the city that are outside of these three new overlays, that we permit STRs with Conditional Use Permit it is at a cap of, 10-15% that encompasses the entire rest of the city. And or allowing STRs by right for those who use the home as their primary residence, so that would allow like military that goes overseas or families that travel or whatever. Mr. Inman: Is not that home sharing. Mr. Weiner: Not they are not there. You mean if they leave and want to rent their house. Ms. Klein: Right, If I own a house and then I deploy for six months, I want to be able to rent my home out well I am gone, but it is still my primary residence. Mr. Weiner: Not by right though. It would still have to be a Conditional Use Permit. I don't know if I am 100% on board with that. Ms. Wilson: I have a second to discuss it. Mr. Weiner: Okay. Discussion. I think Mike Inman and Dee Oliver have already voiced their opinion on that particular the rest of the city, and I feel the same way as in I believe we have enough short-term rentals outside the area. I do not feel like we need more short-term rentals inside neighborhoods, they are not businesses like that so I cannot be, I got to say no to that. George. Mr. Wall: Well, so, what was the motion was for primary residence to allow short-term rentals and also to provide a cap on the rest of the city, at some undetermined percentage 5-10% of them like that okay, yeah. I think that is the point of the overlay districts is to limit that and limit the additional short-term rentals. And then, the ability to use the home, if it is a principal residence, I think that includes less than six months. I think that is how it would be defined, I think there are other communities that do 1 that but I do not think that is really, since we have not necessarily approached that at this point, I mean I am not necessarily on board with that. Mr. Weiner: Okay, so, we have a motion and we have a second. So, we need to vote on that the motion. Can you go through that motion one more time please. Ms. Klein: The motion is to permit STRs outside the overlay district at a cap of, whatever they are as of this date, which would not allow more, and to allow residents to use their homes and STR as their principal residence. Mr. Weiner: You wanted that by right or Conditional Use Permit? Ms. Klein: By Conditional Use Permit. Ms. Sandloop:Okay. So, I have a motion by Ms. Klein and a second by Mr. Coston. Mr. Alcaraz. Mr. Alcaraz: Nay. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. Ms. Oliver: Nay. Ms. Sandloop:Mr. Redmond is absent. Vice Chair Wall. Mr. Wall: Nay. Ms. Sandloop:Chairman Weiner. Mr. Weiner: No. Ms. Sandloop:We have a vote of three in favor and four against, therefore the motion has failed. Mr. Weiner: So, now it will stay the same, moving forward. Anybody have anything else? Mr. Wall: So, the grandfathering aspect of, is that in the one once if we move for grandfathering of the existing STRs. Where is that place. Mr. Weiner: I think the terminology grandfathering is not correct, in this particular aspect. What it needs to say, is actually on the existing Conditional Use Permit, after five years 2 it will be administratively reviewed at five years. Because grandfathered is grandfathered, that is they are not going to come back. Mr. Wall: I thought the point of the overlay districts was. I mean, that once it reaches that administrative review five years then it terminates. Mr. Weiner: It does but we said it in our workshop that we do not want that. We want that to be five years to be administratively reviewed. Mr. Wall: Administrative really reviewed, and I am on board with that, but I just want to make sure that that is that that's clarified, because I am not on board with that. Mr. Kemp: So for grandfathering as its referred down and as the discussion has been a grandfathered STR. That was grandfathered, not one that got a Conditional Use Permit but a grandfathered STR, has that grandfathering status. It does not lose that status. I know staff had brought up the fact that we may want to have a time period where that would be taken away but that did not move forward. So as it stands, a grandfathered property would keep their grandfathered status. Mr. Kemp: Now they can, okay so then that brings up the Conditional Use Permit for the administrative review, and five years. So now, where does that stand. Mr. Weiner: That is going to be in this particular 2C, when we vote on this we are going to have to. Actually it is not in here so we are going to have to add it in on whoever makes the motion, we will need to add that into this 2C, if we are all on board with that. We all on board with that? To add that into 2C. And the other, the only other issue that I was thinking, which is item number eight, where it says, oh, I'm sorry, that is what Council sent us, we changed it around and kept it as one rental per week. Correct. And is that still in here one rental per week? Mr. Kemp: Except in the OR district. Mr. Weiner: I am talking yes exactly yeah this is the rest of the city and the overlay districts. That is one rental per week, and on the Conditional Use Permits, after five years will be administratively reviewed, not denied. Mr. Wall: So, how does that affect. So these are, these conditions just for the, these conditions affecting our city or do they affect. Mr. Tajan: So, these conditions as are drafted will affect the specific overlays. So the one rental per week is specific and effects then what you would propose is the North End overlay and the East Shore Drive Overlay. For everyone else is limited by the, by what they were approved under, if that makes sense. So the grandfathered ones technically can do, concurrently still do two rentals per 7-day period, that Conditional Use Permits will be based on whatever their conditions are at the time of their approval. But moving forward,this is what,this is what everyone that would get a Conditional Use Permit would be limited to. 3 Mr. Wall: Okay what about Sandbridge. Mr. Tajan: This does not impact Sandbridge. The only amendments in any of this proposal that affects Sandbridge are the life safety requirements for the deck inspections, and the fire extinguishers and other things like that. Mr. Weiner: How do we make this notion. Mr. Kemp: Chairman, if you want Mr. Weiner: You want to make a motion? Mr. Kemp: No, I cannot make a motion. I can briefly clarify the things that I understand as varying from what Council referred to you, and just make sure that we are all on the same page. One rental per week, rather than Council's 52 per year, CUP administratively approved, that was added on. You wanted to add on that a sign be posted on the outside of the short-term rental with contact information visible from the right of way. Parking, a minor change from one garage space to all available garage spaces, so if you had more than one you could use more than one towards your parking requirement. Responsible party to be able to be on site in one hour rather than 30 minutes. And that is what I have for what I varied from what Council referred to you. Mr. Weiner: Okay. Ms. Klein: The thing that we already voted on, whether or not to have the overlay districts is that excluded from this new motion because we already voted on it. Mr. Wall: Yes, what you voted on. Yes, we will have to go through because some of what you voted on may land in 2C, but we will have to vet that out, such as density requirements, because as I said 2A was just the boundaries, but those will be specific. Ms. Klein: We are voting on the changes for 2C. We already had a vote on a city, the rest of the city, overlay district. We just like before. Mr. Wall: Right, you have already voted not to allow short-term rentals in the entire city by Conditional Use Permit. Ms. Klein: So, will the next vote exclude that section of 2C. Mr. Kemp: The next vote, these regulations will only pertain to the overlay districts. It will not pertain to the rest of the city. In the rest of the city, they will be prohibited. Ms. Klein: So, if I vote in favor am, I saying that I agree with no STRs and the rest of the city. Mr. Tajan: No, you are just agreeing with these regulations. If you vote yes, you are agreeing with these regulations that you are proposing the, the number of parking spaces no special events, responsible party must respond within 30 minutes and 4 physically be present in one hour. Number of rental contracts, you are agreeing, you are saying that those are appropriate, those rules. Ms. Klein: Right, but I do not agree when we get down like to violations, I agree with that one. I do not agree with the established overlay districts where it says new STRs prohibited outside of overlay districts. Mr. Kemp: Right and that is where this worksheet, blended if you have already voted on a few that are included in there. So really, if you look at the staff report under the recommendation section that's what you're voting on. In this, with the additions I made. Mr. Weiner: I understand where Robin is coming from. Once we vote on this for the overlay districts, yes that means that these can't happen outside of the overlay districts, short term rentals. Ms. Klein: Right, because I agree with all of the rest of them. I do not agree with that one. And so, I want to make sure that it is clear. Mr. Weiner: The only way that you could do is say no to the whole thing. Ms. Klein: Okay. Mr. Weiner: Okay. Ms. Klein: That was my question, thank you. Mr. Weiner: Alright, so who remember what we had to make a motion. Mr. Coston: Before we vote I've got to ask one more thing. Originally when Council sent this to us there was a provision for short-term rentals within a given distance from city venues or a main venue, city sportsplex or whatever. It was like within a mile or something, and then it kind of disappeared. Is that still available or on the table. Mr. Weiner: It is not on the table in this ordinance. Mr. Coston: Can't get it in either, huh? Mr. Weiner: Not right now. Well, I assuming no, because we are voting on this ordinance now because what is in this ordinance. I mean, we would have to have to come up with some type of overlay to do that, wouldn't we, to say a mile from a sporting event or the amphitheater. It would have to be some type of overlay. Mr. Tajan: It could be a performance criteria, but it is not something that has been discussed nor advertised. So, maybe if that's something that may be discussed in the future you may, it may be something you want to bring forward after this. Mr. Weiner: Okay, I need a motion. 5 Mr. Wall: Can I run through it one more time? Not necessarily because I want to rehash it but just because I want to make sure that we get it right on the motion. So we are making a motion to approve 2C with changes. And those changes include, based on what I am reading here, because I did not necessarily capture it when you were going through it, but new STRs are prohibited outside of overlay districts, I think that is covered in here, is that right, or is that, that is not covered. Mr. Kemp: You have already voted on that with the last vote. Mr. Wall: Okay, we have already covered that. The parking is definitely part of this which is the allowed parking that meets,available dimension requirements to count towards parking inside. Is that part of this, the parking? Mr. Kemp: Yes, the garage. Mr. Weiner: Council sent it to us as one parking space in the garage, and we turned it around to say if there was two places in the garage they could use them. Mr. Wall: And the same thing about the impervious part. Mr. Kemp: Yes, the impervious part was a change in language. Mr. Weiner: Added parking to be impervious. Mr. Wall: Added parking be impervious, the responsible party must also physically respond within one hour to complaints as opposed to 30 minutes. But they must be able to respond to complaints within 30 minutes and then physically respond within one hour. Okay. Mr. Weiner: One rental per seven days. Mr. Wall: One rental per seven days. Okay. Mr. Tajan: Just to clarify, that is one rental per seven days in the North End and East Shore Drive overlay, with two rentals per seven day period in the RT3 and 4. Mr. Weiner: And then big one is the Conditional Use Permit to be administratively reviewed after five years. Mr. Wall: Allow administrative approval and review every five years, is how it is. Mr. Kemp: Correct and then the last thing was the sign with the contact information posted on the exterior of the home visible from the right of way. Mr. Wall: Require posting of contact phone number of operator representative visible from the street, including Sandbridge. Mr. Weiner: Does it say Sandbridge? 6 Mr. Wall: It does. Mr. Weiner: Alright, sounds like you are ready to make motion. Mr. Wall: Okay, I am ready. I make a motion that we approve 2C of the short-term rental agenda item with noted changes that include, number one required posting of contact phone number of operator representative visible from the street, including Sandbridge. That we allow administrative approval and review every five years of existing Conditional Use Permits. In terms of parking, that we allow all parking that that is available and meets dimension requirements to count towards parking, including spaces inside garages. Parking added shall not be impervious. Responsible party must respond to complaints within 30 minutes, responsible party must also physically respond within one hour to complaints. Within the RT and OR zoning districts two rentals for seven day period are allowed. Outside in the other two overlay districts, one rental per seven day period will be allowed only. Mr. Weiner: Did that catch everything? Ms. Sandloop:No special events. Mr. Kemp: Yes, as I was checking them off. Mr. Weiner: Okay, think we caught everything. We have a motion by Mr. Wall, do we have a second. Mr. Inman: Second. Mr. Weiner: Second by Mr. Inman. Mr. Tajan: I am sorry I just want to make sure we capture this, I want to make sure this does not lost anywhere. It also includes the no special events on the property, the occupancy calculation, and the RPP permit that you are not allowed to have the additional parking permits. You are aware of those, I want to make sure for the record is clear that those are there. Mr. Weiner: Madam clerk did you catch that, we have a motion by Mr. Wall and a second by Mr. Inman. Ms. Sandloop:Yes sir, Okay. I am calling for the vote, the vote is on the agenda item 2C. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop:Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop:Mr. Graham is absent. Mr. Horsley is absent. Mr. Inman. 7 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 seven in favor and zero against agenda item 2C has been recommended for approval with the following modifications; one rental per seven days in the North End and Shore Drive overlays and two in the OR and RT districts, a Conditional Use Permit Administrative Approval after five years, a sign posted with contact information visible from the right of way, parking to include all available garage spaces, responsible party be within contact within 30 minutes and physically on site within one hour. Parking added shall not be impervious, no special events, occupancy calculated and RPP no additional permits. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 8 Item # 2D City of Virginia Beach —An Ordinance to amend Sections 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code pertaining to the requirements and use of Short Term Rentals and Overlays March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Tajan: Mr. Chair, we are good to go if you want to begin. Mr. Weiner: Alright, 2D. Mr. Kemp: 2D, to summarize what this ordinance amendment does is put into the use tables in our zoning code, so everywhere that short-term rental use is permitted in the use table, it will amend the use table to reflect what you have voted for approval today. So, it will reflect where it is permitted by right in the OR,where it is permitted by Conditional Use Permit in the overlays and where it is not permitted elsewhere in the city. These will all be reflected in the use tables and that is what this vote is for. Mr. Weiner: Okay, so, we know where we are. I mean that is pretty much lined up with what we have now, what we have already voted on. Right? Mr. Kemp: Correct. I guess you could call it somewhat of a housekeeping item the same way as amending the official zoning map, we have to amend the official zoning ordinance to reflect these changes and that is what 2D does. Mr. Weiner: Comments. Ms. Klein: So, I think this is where I was confusing, you and everyone else before. This is where I will be voting nay because this use table will say that new STRs are permitted the rest of the city. Mr. Weiner: Okay. Anyone else. Do we have a motion. We are going to wait for George to get back. Mr. Coston: I was getting ready to ask those existing outside of the overlay districts would not be covered in this chart, right. You all just going to keep track of those in the office. Mr. Kemp: Correct, yes, the ones that have the additional or have an existing Conditional Use Permit, we will have a record of that with the Administrative Approval those that are grandfathered have their grandfathered status. Mr. Weiner: Alright. We need a motion. 1 Mr. Wall: I make a motion that we approve, agenda item 2D, an ordinance to amend sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the city's zoning ordinance and section 502 of the oceanfront resort district four base code pertaining to the requirements and use of the short-term rentals overlays. Mr. Weiner: I have motion by Mr. Wall, do we have a second. Ms. Oliver: I second that. Mr. Weiner: I have a second by Ms. Oliver. We are ready to vote. 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 is absent. Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Nay. 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 vote of six in favor and one against agenda item number 2D has been recommended for approval. AYE 6 NAY 1 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein NAY Oliver AYE 2 Redmond _ ABSENT Wall AYE Weiner AYE 3 Item # 2E City of Virginia Beach —An Ordinance establishing transition rules for the review of Short Term Rental Conditional Use Permit applications submitted before and after the City Council date of referral March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: 2E. Mr. Kemp: This ordinance, as I discussed this morning are the transition rules, saying that after any application filed prior to the date of the referral to you by City Council October 21, 2020, subject to whatever rules when it goes through Council. This is a standard ordinance of how we treat those applications that come in in that flex time between when we are considering an ordinance change, and when it goes into effect. Any application that goes through City Council once any new regulations are passed will be subject to the new regulations. Mr. Weiner: Pretty simple. We agree with that? Ms. Klein: I make a motion to for an ordinance establishing transition rules for the review of short-term rental Conditional Use Permit applications submitted before and after City Council date of referral. Mr. Weiner: We have a motion by Ms. Klein, do we have a second. Ms. Oliver: Second. Mr. Weiner: Second by Ms. Oliver, ready to vote. 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 is absent. Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop:Ms. Oliver. 1 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 and zero against agenda item 2E has been approved. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 2 Item #2F City of Virginia Beach —An Ordinance to amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals and Establishing Additional Safety Requirements March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Alright, gentlemen hang in there we got one more. Okay, we will be done. 2F, which I should have said this a while ago, because that was actually in 2C. Mr. Kemp: 2F in the staff report was included in 2C, because it is its own ordinance after the staff report went to print, we pulled it from 2C and created 2F. As I said it is its own ordinance and it warrants being voted on separately. So, 2F will include the two life safety conditions that were regulations that were listed in 2C originally. Mr. Weiner: George you have comments on this one. Mr. Alcaraz: Yeah, I just want to make sure that as far as the deck safety inspection be done by a licensed design professional or licensed architect or what I am sorry Bobby gave me another licensed design professionals. And again, I do not want to include Class A or B contractors. That is all I have. Mr. Weiner: Is that okay with everybody. Mr. Tajan: And that they are required every five years, right, that was the consensus of the Commission. Mr. Alcaraz: Yeah, everything that you had listed here was fine except for that, as I was kind of referencing that. Mr. Inman: So, are we going with licensed professional engineer or architect. Mr. Alcaraz: Both. Mr. Tajan: Licensed design professional. Mr. Inman: Licensed design. Mr. Tajan: DPOR is very particular. Mr. Inman: So, is that a term of art with that. Mr. Tajan: It is a term per DPOR, anyone that that has a seal that has knowledge in that field is that they are called a design professional. Mr. Weiner: Alright, Mr. Alcaraz, I think you can make this motion. 1 Mr. Alcaraz: I would like to make a motion that the ordinance to amend section 241.2 of the city zoning ordinance pertaining to short-term rentals establishing additional safety requirements with the amendment of licensed design professional. Mr. Kemp: And every five years. Mr. Alcaraz: It is on there already, right. Mr. Kemp: It was referred to you as every year. So, we would need to alter that. Mr. Alcaraz: Structure report must be submitted every five years to the Zoning Office. Mr. Kemp: Okay, perfect. Just wanted to make sure it is on record. Mr. Weiner: We have a motion by Mr. Alcaraz. Do we have a second. Ms. Klein: Second. Mr. Weiner: Second by Ms. Klein. We are ready to vote. 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 is absent. Mr. Inman. Mr. lnman: 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. 2 Ms. Sandloop:By recorded vote of seven in favor and zero against agenda item 2F has been recommended for approval and modified to add deck safety inspections will be done by a licensed design professional and inspections will be completed every five years. AYE 7 NAY 0 ABS 0 ABSENT Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 3 Item # 2 - Speakers City of Virginia Beach —A Resolution to Amend the City Zoning Ordinance Pertaining to Short Term Rentals: To Amend Section 102 of the City Zoning Ordinance Establishing Short Term Rental Overlay Districts, East Shore Drive, North End, and Oceanfront Resort; To Add Article 23, consisting of Sections 2300 to 2303, (Short Term Rental Overlay Districts) to The City Zoning Ordinance Establishing Regulations and Requirements Pertaining to Short Term Rentals in Each Overlay District; To Amend the Official Zoning Map by the Designation and Incorporation of Property Into Short Term Rental Overlay Districts — East Shore Drive, North End and Oceanfront Resort District; To Amend Sections 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code Pertaining to the Requirements and Use of Short Term Rentals and Overlays; Establishing Transitions Rules for the Review of Conditional Use Permits for Short-Term Rentals in the Short Term Rental Overlays; To Amend Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals and Establishing Additional Safety Requirements. March 10, 2021 Mr. Weiner: Right, on to number two. Ms. Sandloop:Our last agenda item is agenda item number two. City of Virginia Beach, a resolution to amend the city zoning ordinance pertaining to short-term rentals. Mr. Weiner: Alright, first speaker. Mr. Dao: I will begin calling speakers in order of three just a reminder once you make your comments please make your way back to suite four to listen for the remaining public hearing. The first speaker is John David followed by Douglas Rudley, followed by Steven Bishard. Mr. John David you can please come to suite four. Mr. Weiner: Okay. On the way, guys I will make a point hopefully everybody can hear me that everybody will get three minutes to speak. We have a lot of speakers so just to make it fair to everybody and we want to make sure everybody knows they will have three minutes to speak. Thank you. Welcome, sir, please state your name for the record. Mr. David: My name is John David, I am the current president of the North Virginia Beach Civic League. I like to thank you all for inviting me to speak today. The North Virginia Beach Civic League and when I say we or I, am speaking for the Civic League and not for myself. The North Virginia Beach Civic League is charged to protect the character and the community in the North End. We are there to protect the tranquility. We firmly believe in short-term rentals as you may have seen in the news, if you listened to the news and Andy Fox last night, effect that tranquility. We are very concerned about this and we have some valid points. First off, we do not want short-term rentals added to the current North End Overlay, the R5R-NE that is there as you know, for dwellings. We do not want short-term rentals added to that overlay. We also do not want The Hollies added to an overlay of any type. 1 I am going to briefly discuss and not to take up your time, the points that we would like, if in fact short-term rentals are going to be in the North End. First off,we would like short-term rentals to be approved by CUP. That we feel is the only process which guarantees our neighborhood. We are in neighborhood and we need to CUP process to guarantee that we are not overrun with short-term rentals. We would like a rental frequency of one per seven day period. It is one rental per week, any more than that, you are starting to become a commercial enterprise, you are ruining our neighbor. We would like a current physical survey for every CUP application with a detailed site plan showing the parking. The Civic League President and the member of our Zoning Committee, I am uninitiated with parking problems for CUPs, I know that staff goes out and reviews CUP applications but I can show you emails,where we have parking problems from the CUP. I have seen applications coming forward to this Commission, where it is drawn on a piece of paper and hand drawn it does not reflect the parking when I have gone out there and looked at it, it was supposed to be there to support that CUP. We would like to have additional inspectors funded and hired for the city. Right now,there simply are not enough inspectors to enforce the program. They do not have short-term rental ordinances and if you do not have inspectors it is an un-enforceable program, and again, I have it that. You are going to degrade our quality. Finally, density is a big issue for us, that was brought up in your workshop and I do not know that we ever came to a consensus. I have sent numerous emails out to Planning Department. I have sent emails to the City Attorney asking for clarification, and I did not have any answers. We believe, if the City Attorney is correct, that short-term rentals cannot be reduced by more than the current density. We believe that short-term rental density should be the number of current legal short-term rentals to the ratio of dwellings in the North End. Illegal short-term rentals should not be continued, they do not follow the rules, they do not deserve to be in the process of consideration for that density number. We prefer the density be done by street. But City Attorney has said that in your workshop that was not possible and I have reached out twice and not had a reason for that. But, if you are going to do it by neighborhood we would like it to be no more than the current density of legal short-term rentals to number of dwellings in the North End. The R5R-NE zoning, R stands for residential, it does not stand for rental. This is the neighborhood, this is where my children play in the street, they ride their bikes here. My wife and I go for walks here, we meet our fellow citizens in the streets in North End. Bringing the short-term rails turns it into a commercial area. It is not, it is my neighborhood. This is where we live, you got to think about that when you think about turning short-term rentals loose into established neighborhoods of caring citizens, putting individuals in that neighborhood who do not care about me, do not care about my kids, and do not care about my family and my neighbors. Thank you for your consideration. Mr. Weiner: Thank you, sir. Any questions? Thank you. 2 Mr. Dao: The next speaker is Douglas Rudley, followed by Steven Bishard, followed by Dr. Carl Ashman. Mr. Weiner: Mr. Alcaraz. Mr. Alcaraz: Mr. Tajan,just a quick question. R5-S residential 5000 single family, R5D duplex, R5R means. Mr. Kemp: R5R permits single family duplex dwellings. And, in the North End Overlay it does permit two single family homes on one lot. The size standards are 5000 square feet for a single family home, 10,000 for a duplex or two single family homes. However, if a lot was legally created and is nonconforming, it still holds the full development potential. Mr. Alcaraz: What I was asking is R mean resort. R5R means resort. Mr. Tajan: Yes. Mr. Alcaraz: Thank you. Mr. Tajan: Yes, it is. Mr. Weiner: Okay. Welcome, sir. Please state your name for the record. Mr. Rudley: My name is Doug Rudley. I am a homeowner in the North End and I have listened in all the meetings in the workshops that the Planning Commission has held, so, I appreciate the time and attention you guys have given to this matter. And, I will be brief. My wife and I moved to Virginia Beach three years ago to retire and fell in love with the North End. We purchased a home on the East Side of Atlantic Avenue, and are full-time residents, year around residents as our most of our neighbors. We were drawn to the North End,well because it is a real neighborhood because we can go out on the feeder road and walk our dog and see our neighbors jogging or walking or riding their bikes or we can go on the beach and see our neighbors, and we can do that year around unlike many beachfront communities, it is not merely a seasonal community and we love the fact that we see our neighbors year around and we enjoy a sense of neighborhood year around. As you know it is primarily a residential community of homeowners. It has a relatively high-density and many attached homes, given the fact that it is close to the ocean, land is at a premium, Given that it is a neighborhood of single family homes of owner occupied homes that density is tight. My wife and I really do not understand why STRs are being even allowed in our neighborhood when the city proposes to ban them in most of the city. I guess I would ask as a homeowner, I would ask the Members of the Commission and the Members of the City Council for that matter, how would you feel about it, if next to your own home assuming you are homeowners that someone proposed to operate a weekly rental business for three months during the summertime every summer. I don't think that you would think that that enhances the quality of the desirability of your neighborhood or your own 3 quality of life. Common sense says that it does not. This really has the potential to do great harm to our neighborhood. So, I guess I would echo the sentiments of Mr. David who spoke before me, that if you must allow this, which I hope that you do not, but if you must please keep the density to an absolute minimum. Because this really does have the ability to do substantial harm to what is really a charming and cherished residential community. Thank you very much. Mr. Weiner: Thank you, sir. Any questions. Thank you. Mr. Dao: The next speaker is Steven Bishard, followed by Dr. Carson Ashman, followed Morgan Brooke-Devlin. Mr. Dao: Mr. Chairman, it looks like Mr. Steven Bishard signed up to speak virtually. So, we are going to circle back to him. The next speaker is Dr. Carson Ashman, followed by Morgan Brooke-Devlin, followed by Polly Street. Mr. Weiner: Dao, are they allowed to line up in the hallway. Mr. Dao: Yes, sir. Mr. Weiner: Okay. Welcome, please state your name for the record. Ms. Ashman: I am Carol Ashman. I own 207 and 209E 88th Street and live at the latter. I am here to request the resort designation of the North End be repealed. And, second, to oppose the city's attempt to rezone the North End by creating the North End Overlay,which would extend the oceanfront resort area north through 89th Streets, devastating our greater than 100-year-old residential neighborhood. The overlay would allow the city to create regulations,tax revenue, and land use decisions that favor the hospitality industry over residents. It would allow any property owner to operate a short-term rental by right without having to seek a Conditional Use Permit as is required now. Year around resident's peaceful enjoyment of their properties would end. And property values decrease due to greater density and more short-term tourist rental activity with its unending problems, including increased noise,traffic, garbage,crime, and the destruction of the community from the constant influx of tourists in the summer and the creation of a ghost town in the winter. We bought our home in this neighborhood precisely because it was in a quiet residential neighborhood. This neighborhood cannot be rezoned now to permit commercial enterprise without the citizens voting on this matter, talk about undemocratic. I also oppose the overlay because it would allow a greater number of homes per unit of land, for example, two large homes could be squeezed onto 7500 square foot lot increasing density and creating more concrete, pavement, and buildings on the same amount of land, ripping out yards and trees in the process, the very things that make this area beautiful and livable. Green space and trees are vitally important to help reduce the sweltering heat in the summer. We also need to preserve some un-built land rather than building on every square inch. This is crucial to helping absorb stormwater and prevent or reduce flooding. 4 I oppose the cookie cutter models to which the new homes must conform because they are utterly devoid of character, and we make our 100-year-old neighborhood look like a condominium complex. I urge everyone here to email Governor Northam and ask him to veto Senate Bill 1298, which would allow the city to use taxpayer money to manage or buy properties in the North End to create a highly desirable home inventory to rent out as short-term rentals that will generate real estate profit and taxes for the city at our expense. Senate Bill 1298, could serve as an intermediary step toward creation of a Tourism Authority. If the North End Overlay becomes official by City Council vote, it would be governed by that authority, converting our over 100-year-old residential neighborhood into a money making commercial real estate enterprise that benefits the city to our detriment. Surprisingly, none of this has been voted on through a referendum. Mr. Weiner: Thank you for your comments. Ms. Ashman: Please voice your opposition to the City Council. Mr. Weiner: We have a question for you. Ms. Ashman: Thank you. Ms. Oliver: Ma'am. Would you repeat the last two sentences that you just read. Ms. Ashman: Sure. Surprisingly, none of this has been voted on through a referendum. Please voice your opposition to the City Council. Ms. Oliver: Go further back about the tourist overlay. Ms. Ashman: Yeah, if the North End Overlay becomes official by City Council vote, it would be governed by that authority converting our 100-year-old residential neighborhood into a money making commercial real estate enterprise that benefits the city to our detriment. Ms. Oliver: Thank you. Mr. Weiner: Thank you. Any other questions? Thank you, ma'am. Ms. Ashman: Thank you. Mr. Weiner: Next speaker. Mr. Dao: Next speaker is Morgan Brooke-Devlin, followed by Polly Street, followed by Gail Mottola. Mr. Weiner: Welcome ma'am, please say your name for the record. Ms. Devlin: My name is Morgan Brooke-Devlin. I reside on 88th Street in Virginia Beach. First of all, I want you all to know that we have been told that there has not been much reaction to the proposed overlay in the North End. This is absolutely not true, the 5 problem is, most people do not know what is being proposed and certainly do not understand the ramifications. I have reviewed carefully the amendment to the zoning ordinance that was entered in 2015, and what it proposed. One of the main things I noticed in this is that you all are to be guided by public necessity, convenience, general welfare, and good zoning practices. We do not believe that this has been done. First of all, we do not want this proposed 2015 Zoning Ordinance Overlay to be continued and we certainly do not want it to be made permanent. As you all know, we believe that this is a violation of the Dillon rule and that is a very serious thing here. We do not believe the citizens have been consulted in this, we certainly do not believe that people on the North End are aware of what is being done and we are angry. We are very upset and we are angry. We live in a very, very tight community, our neighbors are close to us, we are responsible to each other. Each of the houses on my street only have two parking spaces, no one parks in someone else's parking space, unless there is an emergency or unless you ask in advance. We pull each other's garbage cans in if someone's out. We look out for each other. Across the street for me, you have allowed to be put four new houses where two small houses used to be. Each has five bedrooms, 20 bedrooms in those houses are technically available under what you are proposing for short-term rental. Where are those cars going to park. Where is that garbage going to go. I have reviewed what has been proposed regarding what will happen if there is a problem. A landlord has to be called and available in 20 minutes. There is nothing that says what happens if the landlord is not there or if the landlord does not remedy the situation. There is nothing there about to take off the short-term rental authority, because it is by right. We do not want this, and we are looking to all of you to stop this. We should not be sacrificed in the North End for additional revenue for Virginia Beach. Thank you. Mr. Weiner: Thank you, ma'am. Any questions. Ms. Devlin: One other thing, we have got numerous, numerous petitions like this, signed up and down our street, we do not want this. Mr. Weiner: Thank you. Ms. Devlin: You are welcome. Mr. Dao: The next speaker is Polly Street followed by Gail Mottola, followed by Leslie Richards. Mr. Weiner: Welcome. Please state your name for the record. Ms. Street: My name is Polly Street, and I live in the old beach cottage, at the end of 88th Street on the land side. This house was built in 1946 and is presently still largely in the same condition as the day it was built, having been lovingly maintained by numerous owners, including myself. My remarks today will be about the neighborhood that I live in called the North End in Virginia Beach. I will give you 6 my personal opinion on things that I am in support of that I believe will maintain the neighborhood that I live in, and things that I vehemently oppose those being the things that I believe will threaten and measurably change my neighborhood. First of all, I love the beach and I believe that it should remain a public beach for all to enjoy, including people from Virginia Beach from Norfolk, and for wherever else they come from. I really like that part of it. I love the natural and historical environment of my immediate neighborhood including the maritime forest at the end of the street. The house is even older than mine, and the canopy of huge live oaks that covers the street. What do I oppose I am opposed to the changes to the short-term rental ordinance that would allow for operation of short-term rentals, without needing a Conditional Use Permit. It is not lost on me that the last 45 minutes was spent approving and disapproving and reviewing those Conditional Use Permits that would go away with short-term rental by right. I am aware of some recent major safety issues that occurred at short-term rentals on other North End streets, think about it, those problems that exist with the Conditional Use Permit process in place, imagine what it would be like if there were no Conditional Use Permits required. I oppose the proposed designation of the area of 49th Street to 89th Street becoming an official overlay. I oppose the move to rezone the area and designate it as a residential resort district. I demand the word resort be removed from the description of the North End residential neighborhood, and the previous zoning of R5R be restored. I strongly oppose recently proposed state legislations SB1298 that would allow for tourism and improvement districts to be created, this would be an unelected board appointed by the City Council not directly accountable to voters. Taxpayer money could be used to buy or build properties or rent out a short-term rentals that would generate real estate profit and taxes for the city at the expense of homeowners like myself in the North End neighborhood. We cannot have a neighborhood if the properties are owned by developers and real estate companies who rent the home it says short-term rentals. Mr. Weiner: Thank you for your comments ma'am. Any questions. Thank you, ma'am. Next speaker. Mr. Dao: The next speaker is Gail Mottola, followed by Leslie Richards, followed by Erica Atkins. Mr. Weiner: Ma'am, please state your name for the record. Ms. Mottola: Good afternoon. I am Gail Mottola I live at one 115 88th Street. While they are passing those around the first item is the where a person can go online to Virginia Beach.com to find out a property search. When we do that in the North End, what we see is unofficial zoning district. R5R (M) it is incomplete. It is not finished. It is not an official overlay, but it looks like it when you read the Ordinance 3431 of 2015, for a long time, we were not paying attention. That is our fault as citizens. But what we have found is that that North End Overlay is a fabrication, it is 7 nonexistent. It is a paper that essentially is going to put us under regulations, by the City that we have never been before. We are used to one-week rentals, in our area, but not what is happening now. The North End is treaty land goes back to 1607. Treaty land is private land. The land described is the Cape Henry Syndicate Treaty Land Private Land of the early 1900s. The State of Virginia is a federal territory and unfortunately, when one goes to the Dunn and Bradstreet we find and is all over our website we are a municipal corporation. The corporation is not the same as government. The Tourism Bill HS-243, would have placed all of our properties that date back to Cape Henry Syndicate of 1898, and Virginia Beach Parks and Land Company of 1890, both private land corporations, under an unelected City Council appointed board tax exempt, property tax funded organizations. Mr. Weiner: Ma'am thank you for your comments, appreciate that. Does anyone have any questions. Thank you, ma'am. Mr. Dao: The next speaker is Leslie Richards, followed by Erica Atkins, followed by Lee Atkins. Mr. Dao: It looks like Ms. Leslie Richards is a virtual speaker, so, we are going to move on to Erica Atkins, followed by Lee Atkins, followed by Brent Montello. Mr. Weiner: Welcome, please state your name for the record. M. Atkins: Hi, my name is Erica Atkins. I am a citizen of Virginia Beach, a short-term rental owner and member of the Virginia Beach Short-Term Rental Alliance. I am speaking today in approval of short-term rentals for Virginia Beach. I am advocating for a fair and sustainable compromise of regulations for both owners of short-term rentals and members of the community. After researching other short- term rental communities around the country,we have found balanced policies that we could use as a model for Virginia Beach to follow. I believe we need an advisory board or committee that meets every other month to provide guidance and recommendations on administration, enforcement, and other policies pertaining to short-term rental permitting. Members should consist of short-term rental hosts, non-hosts, industry stakeholders, and Virginia Beach elected officials. I think overlays should be by right. I think the OR and RT zoned properties should be in an overlay, and operate by right as they were zoned to do. Remove the other overlays instead of imposing regulations that call for cumbersome enforcement. For properties outside of an overlay choosing to operate as a short-term rental, we should implement a simplified registration process, more of a streamlined checklist to be submitted to the Planning Department for inspection before the owner is allowed to operate a short-term rental. To ensure the city is not oversaturated with short-term rental properties, use a density cap that cannot exceed 1% of the total number of housing units within Virginia Beach. Once all requirements are met, submit the information to Planning, register with the Commissioner and at that point, the owner may start operating. As far as violations, use the three strike rule. 8 After three valid complaints, the Planning Department could recommend removal of a short-term rental registration and its ability to operate. Property owners should have the right to rent their property how they choose. If they choose to operate a short-term rental, the owner should be allowed to operate on an innocent until proven guilty principle. We need a collaborative solution for our community that is not only manageable, but enforceable. One that allows for a higher rates of compliance and alleviates the cumbersome CUP process that is draining city resources and time. Let us find a solution that works for everyone. Thank you for your time. Mr. Weiner: Thank you, ma'am. Any questions. Thank you. Mr. Dao: The next speaker is Lee Atkins, followed by Brent Montello, followed by Dana Sampson. Mr. Weiner: Welcome, please state your name for the record. Mr. Atkins: Lee Atkins, I would like to start by thanking you guys for the last six months of taking my emails and phone calls and so it has been a pleasure of speaking with each of you. Good afternoon, my name is Lee Atkins I am a citizen of Virginia Beach, and a short-term rental owner. I would like to say that short-term rentals have been going on for decades in Virginia Beach. I would also like to speak in approval of the short-term rentals at this point, Virginia Beach has always been looking to drive towards revenue. This proposal will do the exact opposite. Believe it or not, I would say the majority of people especially now with the pandemic would rather stay in a short-term than a hotel. For some reason short-term rentals are being bashed repeatedly on how terrible they are, so, terrible that in over 88,000 calls made to 311, in 2020, only 14 of those nuisances pertain to short-term rentals. Property rentals have been all over Virginia Beach, hotels, do not get shut down after a guest checking in, is behaving badly during their stay. As with any kind of rental, short or long-term, you can have a really great tenant or you can have a really bad tenant. The difference is bad tenants in short-term rentals are only there for a few days, maybe a week and then they go home. A bad long term tenant is there for the entirety of their lease. If there are valid complaints, punish those that are not properly managed, not all of us. I have also heard conversations of how STR negatively affect property values that is totally false. A realtor friend of mine that specializes in selling properties along the oceanfront resort area confidently said, the ability to rent properties as an STR versus not being able to rent them as an STR absolutely affects the property values. Properties allowed to rent as a STR would definitely have higher value than those not to be allowed. Creating overlays negatively affects the value of one person's property. While positively affecting the value of another person's property at the same time. When properties sell at higher prices to short-term rentals properties like short-term rental properties do, it can and will boost the value of the entirety neighborhood. On the other hand, if you restrict how these properties can be used in certain neighborhoods like Croatan 9 for example, you absolutely see the neighborhood values decline in his professional opinion. Many homes in Croatan along the oceanfront have sold to investors and second homes, who intend to use them as STR properties when they are not being occupied by them themselves. Croatan was always one of the most desirable and highest rented areas out of all the STR properties that this gentleman managed. If you cut off certain property owners ability to do that. Mr. Weiner: Thank you for your comments sir, I appreciated that. Any questions. Thank you. Mr. Dao: The next speaker is Brent Montello,followed by Dana Sampson,followed by Jason Sampson. Mr. Weiner: Welcome, sir. Please state your name for the record. Mr. Montello: Good afternoon. I am Brent Montello. I am a local realtor also, so, I really appreciate the things that the last two people said, very positive things about Airbnb. We have been operating since 2017, as an Airbnb at the oceanfront, the beach bureau, earlier caller you have from California, where he is trying to explain his driveway, basically we are on the same street. We have registered with the city, we pay the taxes, it is been almost four years. They have talked about driveways over everything at our home, it sets up to all the minimum requirements that we have seen so far. I believe the overlay seems to be an issue I have seen a couple difference I do not know where we are exactly. I wanted to come here today to support Airbnb. I have travelled all around the country, staying in Airbnbs from California, Texas, North Carolina. Owners, always, always rehab these properties to another level. I had to rent this home rented since 2003,for 12 years. When we turn it to an Airbnb, we had it, we took it up another level, because of the type of people that are actually wanting to rent it, because it is mostly families, not parties, but mostly families. I have had more problems with the tenants next door that are on a yearly lease parking in the front yards in the grass, and that is for an entire year that we have had to deal with. So, as far as my support for Airbnb, one I would like to know if people will be grandfathered that have been actually doing this for four years or have had it permanent rental on a yearly lease for the last 17 years, which we have, and that the overlays would change if we are not in that section. So,just to conclude, I believe that the owner personal ownership that the owners take as an Airbnb, because they treat it as a bed and breakfast is going to end up being a lot better than even the yearly lease owners that are renting it usually at a lower price. So,we are getting better tenants, better guests with short- term rentals, then you are in the yearly lease, permanent tenants that are coming in, and they take better care of the properties during that time, I appreciate your time. Thank you. Mr. Weiner: Thank you sir, any questions. Thank you. Mr. Dao: Dana Sampson, followed by Jason Sampson, followed by Marjorie Chapman. 10 Mr. Weiner: Welcome. Please say your name for the record. Ms. Sampson:Dana Sampson. Good afternoon. I am a member of the Virginia Beach short-term rental Alliance. My husband and I are a middle class family that supplements our income with short-term rentals. I do not see the new proposals regarding short- term rentals as much of a compromise, tourism is our main industry paid for, by all Virginia Beach tax dollars and it seems like the latest proposals are not for the interest of us. Virginia Beach as a whole but mainly for affluent homeowners in the hotel industry. The new regulations essentially shutter our small middle class STR business in the strongest area of opportunity in Virginia Beach. This is all being proposed during a very tough time for small businesses. Short-term rentals are a needed accommodation option for those who cannot stay in hotels and are the only true social distancing lodging options, especially for those with existing health issues. We are told that the proposed changes have been brought up because short-term rentals are disruptive to neighborhoods. All the short-term rental hosts that I know including myself rent mainly to families and have a new party's description and requirement in our listing. If disregarded, which we have never had happen, the guests would need to immediately vacate the property, and lose all the monies they paid for their stay. We have never had a single complaint or issue and our grandfathered STR has been running now for four years. We bought our short-term rental properties with intentions on bringing families to Virginia Beach to experience our City, spend money at our local restaurants, shop, and have fun. We made sure to go to the sessions and council meetings as the ordinance was being put together. We were in agreement with the original ordinance and the sense of fairness brought forth with the original conditions. We are now confused that all the work is being threatened by unnecessary changes for reasons were unclear about, as they previously pointed out,we have never had an issue and we do not know any other local host that has. If there are real concerns this proposal does not seem to address them. I am sure that any homeowner would be happy to work within reasonable short-term rental rules that actually address the problems, leaving the ordinance as is. Making it illegal to rent our property or set extremely strict restrictions does not seem to be any sort of compromise. Property ownership is one of the few resources that many of us can leverage to work hard and make a better life for ourselves. In addition, many of us feel that this is an infringement on our rights as property owners. I would understand if there were restrictions in the property covenants, by laws, HOA, condo rules when purchased but when there is not this seems to be an extreme overreach. We understand that the CUP process is a burden to the city, but rather than eliminating it, instituting overlays and banning the opportunity for a future host to apply for the CUP outside of the proposed overlays,we ask that the city consider making the process easier and more efficient. We would just ask that you please do not make our small business illegal. Thank you. Mr. Weiner: Thank you, any questions. Thank you, next speaker. 11 Mr. Dao: Next speaker is Jason Sampson, followed by Marjorie Chapman, followed by Kim Davenport. Mr. Weiner: Welcome, please state your name for the record. Mr. Sampson: Sure. My name is Jason Sampson. Good afternoon by the way, I live in Virginia Beach and I am a member of the short-term rental Alliance. I am a 38-year resident and real estate investor that owns a multitude of property types which include a handful of short-term rentals in Virginia Beach, and I am in favor of short-term rentals throughout the city. I am here to voice my discontent how City Planning and Council have been aggressively,without cause,trying to change the ordinance for short-term rentals approved in past several years ago. , I can say that any person I have spoken to that also does short-term rentals is more concerned with having the approval and support of their neighbors, as well as maintaining better care of our properties than most of the surrounding neighbors. Remember, our goal is to bring people to Virginia Beach and give them an experience that makes them return. So you heard me, I want to say this again, the reason why we do this is to bring people to Virginia Beach, and to have them come back. It upsets me that both Planning and Council continually talk about the alleged complaints from other citizens but will not and cannot provide proof. I understand that the hotels do not like STRs and have someone lobbying on their behalf because STRs are a threat to their business. As I have owned several businesses throughout the years, it is known that when your business model changes, you have to learn to adapt, rather than lobbyists trying to limit STRs, they should advise your clients to adapt to short-term rentals, have been here as long as they have and to further understand technology like Airbnb has threatened their business model. Sorry guys it is obvious by looking at the numbers that people want to travel and feel local versus being trapped in a small hotel. Furthermore, the fact that a City Planning Member reached out to an abundance of short-term rental owners, including myself and threatened us over an emailed petition, some of who were not part of it, is uncalled for and proof that changes need to happen at our city level. Additionally, City Planning should not be strong arming CUP applicants into agreeing to ordinances not approved by City Council in order to get CUPs approved. It is clear by attending these meetings over the last year that Planning and Council have as they are making up ordinances, bully their constituents in a direction has a prominent influencers best interests in mind. One final point, be very leery of what you are trying to accomplish as you are infringing on the property rights of all citizens of Virginia Beach with everything you are trying to push here today. I am a longtime real estate investor and prefer my money to stay local, but the behavior, actions, and uncertain path Virginia Beach is portraying has me taking my investments to other cities, and I know I am not alone. I volunteer myself in front of you. If desired, as a person to give feedback and opinions in an influential and positive win, win direction so that it fits the desired outcome and objective of not only Planning, Council but the citizens and owners of property in the City of Virginia Beach. Thank you. 12 Mr. Weiner: Thank you. Next speaker. Mr. Dao: Next speaker is Marjorie Chapman, followed by Kim Davenport, followed by Kendall Maynard. Mr. Weiner: Welcome. Please state your name for the record. Ms. Chapman:Marjorie Chapman and I am a property manager with Berkshire Hathaway Property Management, and I have been managing Vacation Rentals in Virginia Beach for 30 years and I currently have an inventory of 20 vacation rentals. And, our success with assisting our guests shows year after year what the percentage of returning guests and no negative reports ever reported to the city. Short-term rentals were never considered a major problem until just recently when it seems that a lot of individual homeowners have decided to become landlords. We want to help you figure out a solution to this problem and not be considered the problem. Some suggestions, lots of professional property managers handle the STRs. We know the rules, we follow them. Our history is proof of this, eliminate the resource consuming CUP process and implement a simple registration process with the Planning Department that includes the safety inspection. A previous speaker mentioned have the three strike rule with three verified complaints, the Planning Department could recommend the removal of STRs and the ability to operate. Allow STR by right in oceanfront resort overlay in RT zone with no density CAPs and remove the overlays in the North End, East Shore Drive and determine a density CAP percentage of the total housing units with concrete facts, excluding the grandfathered STRs. For all STR registration holders perhaps set the following rules, no annual zoning permit fee required, this can be self-funded with the STR tax revenue. Allow 52 contracts per year with two contracts per week throughout the year. One parking space for the first two bedrooms, one space for each additional bedroom. We all know how hard it is to accommodate what you have now, especially when they are oceanfront condos. Occupancy limit, keep it at three per bedroom, having an age limit would be difficult to monitor for us. Respond to a complaint verbally within 30 minutes and be onsite within two hours of notification if needed. Balcony and deck inspections every five years for a second level decks or higher. And of course continuing to allow the grandfather properties to rent indefinitely providing a follow the guidelines. Thank you for your time. Mr. Weiner: Thank you, ma'am. Any questions. Next speaker. Mr. Dao: Next speaker is Kim Devonport, followed by Kendall Maynard, followed by Paige Mijares. Mr. Weiner: Welcome, sir. Please state your name for the record. Mr. Davenport: My name is Kim Davenport. I own a small duplex in the North Beach area, which I bought with the intention of renting it as a short-term rental. I bought it in 2019, 13 and in hindsight, my timing on buying the property was not very good because I was not aware of all the regulations and unsettled requirements and the issues that are going about at this time. When I bought the property, I bought it as a short- term rental, and I spent the year updating it and furnishing it and it needed a lot of work. Like everyone else who has spoken before the Commission, my wife and I were very enchanted with the area, appreciate its history and its beauty and wanted to share it with others. We want to ultimately live in the area, but this was a means for us to financially pay for the property and ultimately become permanent residents. So, I think we can all agree that everybody who speaks here appreciates the area, wants to maintain the integrity of it and the beauty of it. It is a very special place. I was late in applying for the Conditional Use Permit, because I was not as aware of it as I should have been which was my fault. I signed up, and paid business taxes, which I thought was all requirements that were necessary to do a short-term rental. When I found out I started to do the application process and of course it is difficult to keep up with all the changing conditions. There was delays caused by the COVID virus and the administration of getting things done, understanding the process. I had further delays by having to work on the surveying of the property. It was an old property, the parking wasn't where it should have been so I had to have it surveyed and finally got that settled. So, I am at the point now where I am applying, I've got a hearing next month before this Commission to go over the process and then hopefully the following month go to the Council for a vote. At the last meeting, there was discussion of limitations of properties applying and there was discussion that permits would only be issued to those properties who are currently existing as short-term rentals legally. And, I'd just like to say I think it would be very unfair to pull the rug out from people like myself who were in the process, earnestly trying to comply with the law and go through the process and get the Conditional Use Permit to legally be able. Mr. Weiner: Thank you for your comments sir. I appreciate that. Any questions. Thank you, sir. Mr. Dao: Next speaker is Kendall Maynard, followed by Paige Mijares, followed by Brendan Beaver. Mr. Weiner: Welcome, ma'am. Ms. Maynard: Good afternoon, my name is Kendall Maynard. Dear Chairman, Planning Commissioner members, thank you to those who have responded to some of our emails, and thank you for your time and service to our great City of Virginia Beach. I have managed trust in property in different states for over 35 years. I am a member of the same Virginia Beach Short-Term Rental Alliance, we are working hard together to help with some of these issues. Today I would like to touch on what these overreaching proposed ordinance amendments may mean to our military families and contractors. As a former military wife I see that by banning STRs in all of Virginia Beach except these overlays that are proposed, in the OR 14 and RT areas you are cutting off military families options who may need to STR for a short period of time if they get deployed and one, cannot long term rent or two, cannot sell their homes in time,they have taken orders and they have to leave, or three do not want to sell since they will be hopefully returning to our great city. We serve a greater area and community and I want you to think about that. I have personally hosted both military personnel and contractors in my home under short- term rental status, I am grandfathered in. Virginia Beach has a long and proud relationship with the military and I want us to keep it. Not only is Virginia Beach home to several military facilities and the Department of Defense, actually I have found out spends $14.8 billion annually in the region. Let that sink in for a second, we have to help our military families as well, and let them do short-term rentals. Naval Station Norfolk is the world's largest Naval Station, which I am sure you already know. I looked up the population for the military in this area,we are ranked 11th in the state with 9% population that are military or over 421,000 people. So, I request that you look before you leap, this proposal is overreach of government and putting the cart before the horse way before even the simplest things are implemented like the weekend personnel to take calls for disruptions in neighborhoods that we are being blamed for all the time, and or the current ordinances or even being enforced. The actual numbers do not support a ban on all Virginia Beach outside of their proposed overlays of the OR and RT areas. This will hurt our tourism and economy when we need to grow the economy, I thought we are here to help grow after this horrible pandemic. And, this will also hurt our fine military families and contractors. We want everyone to have options and not be stripped of these options by this proposal, which will affect all of Virginia Beach for forever. Do not go through with it, STRs represent income,tourism, options for military families and contractors, and charm for the families and vacationers, as we have probably all agreed on both sides no overlays. Mr. Weiner: Thank you for your comments, ma'am. Any questions. Ms. Maynard: Thank you. I really appreciate your time. Have a good afternoon. Mr. Weiner: Next speaker please. Mr. Dao: Next speaker is Paige Mijares, followed by Brendan Beavers followed by Joanne Fox. Mr. Weiner: Welcome. Mr. Mijares: Good afternoon Commissioners, my name is Paige Mijares I am the principal broker of Atkinson Realty. And, in the 80 years my brokerage has operated in the North End and we have never seen the problems we hear from some that Airbnb produces. The rogue parties, unsightly trash, shootings, which is a quite low bar to say that we have not had these problems. But why have not we, because we are professionals, we know what we are doing. We respect and preserve our neighborhoods, we have been following the city rules for decades, and the rules 15 of decent decorum. Look Airbnb is a market disrupter, it is not going away. It sparked the entrepreneurial spirit and homeowners but more importantly it is changed the way people think about travel. So use us as part of the solution. The city requires people who have sprinkler systems hooked up to the city water supply to produce backflow prevention tests on an annual basis. The city provides a list of contractors to their citizens here you need a professional. Here is a list of them how much more important is it to have professionals involved in this endeavor. Create incentives for proper management, such as waiving the CUP requirement for people who are registered with Virginia Beach deep or licensed brokerages, that will end 95% of your problems. This new proposal is clumsy, it will only hurt the good actors. These maps, yes, they will diminish your docket, but they are completely arbitrary. Neighborhoods cut up by Council Districts, in that respect I agree with Aaron Rouse on that point, that neighborhoods that have a history in this space should have a path forward. All of them should share equally or eliminate the overlays completely. There is a lot of other tinkering in this proposal and others folks speaking today will give you good suggestions that you should seriously consider, but if you are going to redo the ordinance, you should provide a comprehensive solution, something the public can trust and that will last. Include things like fixing the parking in the high rise condos, this firm sunset provision for current CUP holders whether there are problems or not is disturbing. And now you want to talk about density measures which could be a viable conversation but they need to be grounded in facts, such as the North End is made up of 44% second homes, 44% of the homes in the North End are not owner occupied, that is a significant fact. A few months ago the Planning Department sent postcards out as a notice to all of the proposed overlay districts, to inform them of their proposed by right use for short-term rentals, effectively lobbying a lot of the anti-property rights folks to a fever. So, if you change this proposal, new postcards need to go out and where are the postcards to the rest of the city letting them know that their rights are being eliminated. Where is that notice. For those of you who would like to shut down vacation rentals, I would encourage you to proceed with caution on what you're willing to hand over to your government, they will gladly take it. Property rights are at the foundation of our democracy. Mr. Weiner: Thank you for your comments. Any questions, please. Ms. Oliver: Paige, I have got a question to you about. I wrote it down in all this scribble, 44% of the homes in the North End are not owner occupied, where is that number from. Ms. Mijares: Access to the tax records. Ms. Oliver: Okay. And are they rentals or are they just second homes. Ms. Mijares: About 20% of those are short-term rentals, Ms. Oliver: Short-term rentals, old short-term rentals. 16 Ms. Mijares: Actually, I do not know, I would say that probably maybe half of those are grandfathered but I do not know, most of mine are grandfathered but I have access to see a lot of what this city can see as far as that goes. Ms. Oliver: So there is a difference between what the city can see and then what you are able to say is that correct. Ms. Mijares: I have a program that where I can see where the Airbnb is and Vrbos are operating, which is important to me and my business. I am sure we have the same information actually, I do not think we have different ways. Ms. Oliver: Can you say just for your company how many short-term rentals that you operate, let us just take this because Virginia Beach is huge and so is Sandbridge so let us just take the North End Overlay for instance. Ms. Mijares: We probably operate 50 grandfathered properties and obviously we do not manage them unless, if they have to get CUP we do not take them in our portfolio until that process is complete. So, we have a handful of CUPs but most of ours are grandfathered. Ms. Oliver: Grandfathered they have been there for a long time. Ms. Mijares: 50 out of 60, out of our whole portfolio. Ms. Oliver: Okay. Ms. Mijares: But, we only operate along the coast. Ms. Oliver: Right, but I am just specifically sort of laser beamed right into the North End. Does that include, I just want to make sure we are cleared on the North End and not including The Hollies or Cavalier Shore. Ms. Mijares: That is correct. Yeah. Ms. Oliver: Okay. Great, thanks Ms. Mijares: Yeah, you are welcome. Anything else? Mr. Weiner: Do we have any questions. Thank you. Ms. Mijares: Thank you. Mr. Weiner: Next speaker. Mr. Dao: Next speaker is Brandon Beavers, followed by Seth Lindale, followed by Lynn Simon. Mr. Weiner: Welcome, sir. Please state your name for the record. 17 Mr. Beavers: Good afternoon everyone. I have been running an Airbnb. Brandon Beavers here. I have been doing a Vrbo since 2015, in 16th Street. We are very engaged with our with our tenants, our short-term rental occupants, everybody I have to talk to before they rent my home. I am on the phone with them. I am interacting, I am finding out who are you, are you coming to my house or is this a 17-year-old kid wanting to have a you know a high school party when school's out. So we have vetted everybody who comes through our place we have never had any complaints. My house was a foreclosed home when I bought it in early 15, and I can guarantee you if you drive by it looks nothing like it did when I bought it. I would say the horror stories that you hear about short-term rentals would be the exception not the rule. I would say out of the 150 almost members of the Short- Term Alliance the shirts that we are wearing, we are all like me. We are engaged on our rentals. I am right down the street if there is a problem I am going to be there. I have got a doorbell camera I can see what's going on, decibel readers in the home. You know I think adding more regulation on to what we already have on the books is the wrong way to go. I feel like we are kind of changing the rules of the game midway through the game. I mean how does that work right? I mean take away these CUPs for folks that have gone through the process, I do not think that is fair. I am grandfathered in, I do not have a dog in this fight other than to say I have been doing it a long time and I know the folks that are operating now and have gone through these CUP rules, they should not be negatively affected in my opinion. Some of the notes I wrote down, enforce the rules that are on the books I mean, most recently our buddy you know that was on the news last night. If there was a raging party going on whether it was owner occupied or short-term rental why where not there the Police there to shut this thing down. I think we should enforce the rules, whether it is a short-term rental or my home that I live in full time. If I am being loud and got cars parked all over the driveway, then then enforce the rules that are on the books. I think short-term rentals are someone said earlier, laser focused right we are honing in on the short-term rentals. But what I am doing is not a detriment to the neighborhood I would think that I brought up my, my home from what it was in 2015. I think, short-term rentals should be by right. I am pretty sure the Constitution says that my home is my castle and I can do with it as such, you know, and I would like the Commission to consider that. You know I am all for certain regulations and making sure that folks are not abusing the system but I would like to think that most of short-term operators like myself are doing the right thing and making sure that we are good stewards to the neighborhood, and to the City of Virginia Beach. Come, people come to our town because of that oceanfront and I want to share my home that I have lived my entire life with folks that do not get to see it every day, the way that I do. Thank you for your time. Mr. Weiner: Thank you sir. Any questions. Thank you, next speaker. Mr. Dao: Next speaker is Seth Bloomingdale,followed by Lynn Simons, followed by Kristina Chastain. Seth is not here in person, so,we will move on to Lynn Simons,followed by Kristina Chastain, and followed by Todd Solomon. 18 Mr. Weiner: Welcome, ma'am. Please say your name for the record. Ms. Simons: Good day I am Lynn Simons. Hello, everybody. Thank you for your time. I am Lynn Simons I reside here in Virginia Beach, I am an owner on Baltic Avenue of one of the newer units, so I am actually an owner and I reside in the home. One of the things that just disturbs me about this whole thing is that there is so much blame being placed on the short-term rentals for the high crime disruptions etc. It is just unfair and unjust. The number of calls that the number of calls against have come out to the City for any disturbances and things, are really not excessive and have not put any type of strain on our city resources. The numbers are probably really minimal so we need to take a look at that, but instead the short-term rentals are really bringing in opportunities for small businesses, for women and minority owned businesses, people who have cleaning companies or landscapers the handyman, all of those things are all those companies are being utilized, also for large businesses even. So when you start looking at the contracts that the Airbnbs do use to help such as for companies like to maids and a mop is one that I have used before for quarterly or yearly linens and cleaning services. So we are putting in as well even appliance companies, furniture stores all those types of things are now seeing benefits from having Airbnbs. Another thing is that in terms of positive, is that we do have additional revenue and income coming into the city, once again for the small and large businesses. I am in the Vibe District, so many of the small businesses there are thriving because we have a lot of Airbnb owners, I mean, Airbnb renters coming in and are going to the restaurants, the shops, to the museums all those types of things. Tourism has been hurt drastically by this whole pandemic but the Airbnbs are also helping. Another one of the main things as well is that I have a lot of families that come in, families that are looking for the opportunity to be able to have the full kitchens for a home,just to have actual home like setting versus just being crammed up into a small hotel, so it is very important that we find ways to be able to accommodate all types of visitors to Virginia Beach. So that's one of the main things that I think is important here, so we need to allow people to live and fully experience Virginia Beach in any way that they, you know, want to. We need to provide them with different types of options available. We need to find a way to not punish those who are doing and conducting business properly, and those who are abiding by the rules that had been set forth in that place. A lot of us have done exactly what we need to do, followed all the rules, but here we are getting over and over it looks like things are just going to be taken away, and we need to look at small businesses and small owners who are just trying to do their best to make it. Mr. Weiner: Thank you for your comments. Any questions. All right, thank you. Ms. Simons: Thank you. Mr. Weiner: Next speaker. 19 Mr. Dao: Next speaker is Kristina Chastain, followed by Todd Solomon, followed by Nancy Parker. (2:22:49) Mr. Weiner: Welcome. Please say your name for the record. Ms. Chastain: Good afternoon commissioners Kristina Chastain. I am coming to you today as the spokesperson of the Virginia Beach Short-Term Rental Alliance I should be allowed at the 10 minutes as we discussed, I promise I will not take all that. Mr. Weiner: You would not have 10 minutes because we have had other people from Short- Term Rental Alliance have been here also. Mr. Chastain: No, I am the speaker for the Short-Term Rental Alliance, I am the official speaker for that group I have already cleared it up with them out here and with the young lady yesterday that I emailed with. Mr. Weiner: Yes. Okay, that is fine. Ms. Chastain: Thank you. As I mentioned, I am the spokesperson for the Virginia Beach Short- Term Rental Alliance. My name is Kristina Chastain. I am also a lifelong Virginia Beach resident and North End dweller, a Virginia Beach small business owner and a short-term rental operator whose property is on 17th Street. The Virginia Beach Short-Term Rental Alliance which I shall refer to as the STRA is comprised of multiple short-term rental operators dispersed all throughout our city. These operators host wonderful families to Virginia Beach for athletic competitions at the Convention Center, in the Sports Center. These operators host tourists and travelers that come to our fine city for the beach, the ARE, the aquarium and everything in between. These operators host business people and military families and out of towners celebrating special times, that will always endear them to the City of Virginia Beach. These operators collect a great deal of lodging and transient occupancy taxes for the City of Virginia Beach, as I am sure you know. These operators are able to host an alternative to the traditional hotel experience, which has proven to be a considerable market, while hotels still thrive in the meanwhile. We recognize the enormity of this issue and we appreciate the time it has taken to consider what is best for both property rights and neighbors. We the residents and property owners of the City of Virginia Beach are petitioning for a fair forward thinking short-term rental ordinance based on data and not anecdotes. The details of the current proposal under the city's consideration we feel does not do not meet the standards of quality. As property owners, we should have the right to rent our property for any length of stay. It is unfair to grant certain areas of the city, the privilege of by right short-term rental while effectively banning it elsewhere. Here are some facts to consider. According to City Staff of Virginia Beach 88,270 calls were made to 311 in 2020, only .01 percent of these calls, just 14, are related to STR nuisances. Similarly only 7% of zoning complaints in 2020 were related to STRs. While STRs are not the problem they are made out to be, the city has nuisance mitigation mechanisms in place for all properties. Whole home STRs 20 makeup . 5% of all housing in Virginia Beach. The tourism investment program fund is expected to take a $10.5 million reduction to its annual budget in the wake of COVID-19. 56% of travelers approximately in 2021, will want a beach vacation they have stated this, and with the city's recent requests for more tourism funds from the state now is not the time just limit safe lodging options for travelers. Still, of course, we believe in well thought out solutions that empower the respectful law abiding operators and weed out those who do not. Responsible hosts exhibit the best of Virginia Beach hospitality to visiting families and our neighbors. If we rent to problematic guests, it is our properties and livelihoods that are on the line. We work hard to be a part of the solution, not the problem. And we should not be punished for a few bad apples or subject to the whims of those who seek to dictate the use of other people's properties. We propose to the City of Virginia Beach short-term rentals within any overlays should be allowed by right. Recent city discussions have suggested the idea of using the overlays to define where CUP applications will be accepted. It will be accepted instead of by right use. We do not support this as it goes against our shared goal of reducing the cumbersome CUP process for all involved.Those outside of any STR overlays within an existing CUP have earned the right to keep it. The city should honor this commitment and allow those CUPs to review. We, the law abiding citizens, taxpayers, business owners, property owners and residents of Virginia Beach ardently oppose the proposed sunset of the permits, we have earned if our property falls outside of an arbitrary boundary that has not existed until now. We ask you to consider a manageable system to allow future responsible hosts outside of overlays to short-term rent. Virginia Beach needs tourism and tourism needs STRs, now and in the future. In addition to contributing to lodging taxes, STRs bring revenue for our entire economy, from property care specialists we hire to the local businesses we recommend to our guests. This revenue and the jobs that rely on it stay in Virginia Beach. Should new permits not be allowed the attrition of short-term rentals will hurt the entire local tourism economy. We ask the city to work together with the short-term rental community to leverage proven solutions that are already employed within Virginia Beach and other beach destinations. The short-term rental community can and does implement technological solutions, standards and best practices faster and more effectively than any municipal government ever could. The city can use this to its own advantage by employing the professional solutions already in place in Virginia Beach and other destinations to fast track the implementation of high standards, successful compliance and effective enforcement. This can only be achieved through open conversation and collaboration with the exemplary short-term rental operators in our very community. We ask our elected officials to take this valued and appointed officials to take this valuable opportunity to create a reasonable open minded and forward thinking approach to an ordinance that works for all today and tomorrow. The Leadership Committee of the VBSTRA has also spent many hours these last few months crafting fair and effective short-term rental policies. We believe these policies are achieved through compromise and collaboration, not with bans or 21 onerous restrictions. We believe this policy framework that I will be laying out can serve as a foundation for a comprehensive and enforceable solution, thereby alleviating the resource consuming CUP process. I know you all were here for that meeting in July when I think it went till maybe 1:30 in the morning. The VBSTRA remains committed to an open dialogue with the City of Virginia Beach and community members in the weeks and months ahead. The following is our proposal. Item one for the oceanfront resort overlay in the RT zone as STR be allowed by right with no density CAPs, those are the only overlays. Item two remove North End and East Shore Drive overlays. Item three for all areas outside of the oceanfront resort overlay in RT zone, excluding Sandbridge, of course, a density CAP of 1%. 1% of total housing units, excluding grandfathered STRs and Sandbridge. Currently this equates to about 1800 STRs total throughout the city. Eliminate resource consuming CUP process. Implement a simple registration process with the Planning Department with a safety inspection. A three strike rule should be implemented with three verified complaints, the Planning Department could recommend the removal of an STRs registration and ability to operate. For all STR registration holders, Sandbridge exempt, of course, is item four, no annual zoning permit requirement. Zoning enforcement to be self-funded via STR tax revenue. Fifty-two contracts per year, allowing two contracts per week for flexibility across peak, shoulder and off season. One parking space for the first two bedrooms, one space for each bedroom thereafter. Occupancy limit of two people per bedroom excluding children under 16. Safety inspection, a $75 fee inspection required for new registration, and that renew every three to five years. A responsible party able to respond to a call within 30 minutes and be on site within two hours of notifications, and of course fines for noncompliance. Item five community engagement and continued review of an STR program. We suggest advisory board that would meet every other month to provide guidance and recommendations on administration, enforcement and other policies pertaining to STR permitting. Members should consist of STR hosts, non-hosts, industry stakeholders and Virginia Beach elected officials. If I may just shed a little light on this past weekend, we all absolutely agree that what happened was unacceptable absolutely unacceptable. Responsible and compliant operators like those in the VBSTRA do not stand for this behavior. As we propose we'd like to see the City find a way to get all STRs registered properly, so that they have enforcement mechanisms in place, so the bad actors can be weeded out immediately. The VBSTRA is dedicated to compliant, responsible hosting and STR operation. I thank you all Planning Commission so much for your consideration and collaboration. Mr. Weiner: Thank you for your comments. Any questions. Thank you. Next speaker. Mr. Dao: Next speaker is Todd Solomon,followed by Nancy Parker, followed by Holly Elliot. Mr. Weiner: Welcome, sir. [2:32:47] 22 Mr. Solomon: Good afternoon, Chairman Weiner and Commission Members, my name is Todd Solomon. I live in Cape Story by the Sea, one of the proposed ordinance districts, and I am also the current President of the Shore Drive Community Coalition. The STCC, along with the city sponsored Bayfront Advisory Commission and the Cape Story by the Sea Civic Association have all voted to oppose the overlay the East Shore Drive overlay, which is basically Cape Story Overlay District. We ask that you reconsider what your shrunken version of, but you still have as a district, we ask that you reconsider that and have that request be removed. This district was created by Councilman Wood as part of the proposal, ordinance change to you. He has since decided that he will go on record he is going to recommend the removal of this district when it comes back to him. So,we would suggest that you do the same likewise, take the initiative to have that removed. We feel like we are being for some reason, you know identified as, there is only three in the whole city and we are being targeted out in this neighborhood. And we do not understand why. The Comprehensive Plan and the Shore Drive Corridor Plan both recommended mentioned that this area should be first and foremost a resort community, and not a resort destination. So it shouldn't be continued in perpetuity after all this is done as a district where we want to keep having short-term rentals turn over and turn over and add more and maintain that. So I mean, if that's the purpose, you need to explain to us why Cape Story is so much different than the rest of the City, especially the rest of Shore Drive. What's listed in the ordinance change as a reason to have Cape Story is that we have multifamily dwellings.Well, you obviously know there is more multifamily dwellings in the rest of the city, not just Cape Story. And I would go further to say that having a duplex as a short-term rental is probably one of the worst things to have especially if you're the one who's living in it. Next door and somebody changing that over twice a week, that would be crazy. Close to the Chesapeake Bay, well I cannot argue that. Cape Story is close to the Chesapeake Bay, but so is Ocean Park, so this Chicks Beach. Croatan is close to the Atlantic Ocean and it is not in an overlay, so that does not make any sense either. And then as far as rentals being established in our area. I have yet to see data that shows that according to Director Tajan, we have the potential to have 32 units registered already that are grandfathered. Your recommendation here is to have 200 homes at 10% so that's 20. So you're already above that. So, just removing us as a district. We'll cap it at the potential grandfathered 32 forever so I mean, it makes the most sense to remove us. We are first and foremost a community.We have had the longest Fourth of July parade, it is older than the city is. We have fireworks. We used to have fireworks, sorry we got regulated. Fourth of July parade, we have got, you know it is first and foremost and having turn over after turnover just seems it does not fit well into our community. And we have also emailed you not only the Oceanfront, the North End with their issues with the shooting but Chicks Beach short-term rental had a shooting, which is being investigated by the detective. Mr. Weiner: Thank you for your comments sir. Any questions to Mr. Solomon. Thank you. 23 Mr. Dao: Next speaker is Nancy Parker, followed by Holly Elliot, followed by Ben Aber. Mr. Weiner: Welcome Mrs. Parker. [2:36:34] Ms. Parker: Thank you. Long day for you all again thank you for being here. Chairman Weiner and Members of the Planning Commission, my name is Nancy Parker, a 55 plus year resident. I live in the 500 block of 23rd Street and I am opposed to short-term rentals as they are game changers for residential communities and require to contend with the multiple impacts of these business entities. I recognize there is some that are already here. Number one, there is been a plethora of STR approvals throughout the city, and we have not experienced a full season with all the festivals to fully appreciate the impacts on the residential neighborhoods. Most of these festivals are less than a week. The rental of an STR for less than a week has already exposed neighbors to behavior that is totally unacceptable resulting from house parties. Honestly, while owners sleep with visions of dollar signs dancing in their dreams, the neighbors are dealing with the nightmares. Number two, the issue of parking is not resolved with the requirement of one parking space per bedroom. This is only effective at night, if there are parking restrictions on the street. Overflow parking from daytime activities and guests impact the residential streets. Including the RT1, RT3, and RT4 and the STR process may seem innocuous until examined on a granular level. Several of RT3 sites contain multiple acres with one being on the edge of the Shadowlawn community. Several other RT3 sites are adjacent to residents who might have something to say if one of the orange Conditional Use Permit signs for an STR were in the front yard. And additionally, the only RT4 is at 2216A and B on Baltic Avenue, which was denied by the Planning and City Council, less than a year ago. This is a strange and perplexing addition to the process. The ability to change a neighborhood to an STR overlay district section 2301 B should be adjusted to a higher percentage than the present 60%. If an investor, who usually lives outside of the neighborhood owns multiple units, they have a weighted advantage in the process. The city requirement for the creation of a special service district is 80%of affected property owners, and traffic calming programs requires 75% of the affected street neighbors. The bar to move the community to an STR overlay should be much higher. But the only person on your body that is experienced firsthand the issues of short-term rental is George Alcaraz. Listening to his experience expressed during your deliberations should give you pause. Remember, do overs are usually too late. Stable residential communities are the backbone of any successful city. Why do STRs get precedent over your long standing residents. The bottom line, do you want an STR next to you. Would you buy your forever home next door to an STR. I do not think so and neither would. Thank you all for your time. Mr. Weiner: Thank you. Any questions. Thank you. Mr. Dao: Next speakers Holly Elliot, followed by Ben Abar, followed by Steven Bishard. 24 Ms. Elliot: Good afternoon, thank you so much for your time. My name is Holly Malilis Elliot and I am a lifelong resident of the City of Virginia Beach oceanfront. When I was born we lived on 26th Street and when I was six months old, my parents moved to Shadowlawn where I grew up, and they lived there until 2006. My father also owned and operated Around the World Mini Golf, which was located on the corner of 16th Street at Pacific Avenue so I guess you could say, I grew up there as well. I absolutely love our City. The only time I have ever lived away from the oceanfront was when I went to college. I currently live in the 800 block of 12th Street where I assist in hosting a short-term rental across the street. Our street is a mixture of owner occupants and long-term renters. My experience has not at all been the experience that some of the other people have talked about in the North End and wherever, and I am really here just to share that with you. We are renting to families, people seeing the ocean for the first time in their life. People coming to visit family, military who are stationed in Norfolk and taking leave, moms with their daughters here for a cheer competition, three girls who are nurses who were here taking some training classes at EVMS, and most recently, a travelling ER nurse who was here for almost a month working in the area, and a lawyer from New Orleans, working from home and just needed a change of scenery. Who would not want to host these folks. Some of our guests have thanked us for the alternative option because they are not able to afford a hotel at the beach. A lot of them need a full kitchen because while maybe they can afford a hotel, they cannot afford to eat every single meal out at a restaurant. Some of them just want the luxury of being close to the oceanfront, but still have that neighborhood environment. I have now managed both short-term rentals and long term rentals. And I can tell you that the difference is significant. I am so sorry about what happened in the North End and it is awful, and it is unacceptable. But I believe that part of the blame for that falls on management and the owners. You do not have to accept every booking request. Ask questions if something strikes you, ask more questions and that may lead you to realize that you don't need to rent to these people and reject it. I believe we need regulations; we need enforcement. But I also think we need a chance to make this work. I think it is beneficial to all of us. And I think that short-term rentals should be permitted and if they cannot operate properly and effectively and follow the rules, revoke that permit so that the ones of us that do manage them properly, effectively and follow the rules can continue to operate. Thank you so much for your time. Mr. Weiner: Thank you. Any questions. Thank you. Mr. Dao: Next speaker is Ben Abar, followed by Steven Bishard, followed by Leslie Richards. Mr. Weiner: Welcome. Mr. Abar: My name is Ben Abar. Disabled veteran, spent 24 years serving our country. And one of the things I wanted to do when I came home was live in the Chesapeake 25 Beach Area. As housing prices have risen that became an option that was not affordable to me until I found an old dilapidated duplex. I was able to purchase it for pennies on the dollar because it was an eyesore to the neighborhood. I then spent $300,000 renovating it to where now it is one of the nicest houses on the street. From everything I have heard from everyone today one of the biggest issues is, it is not so much to have STRs or not have STRs, it is does not seem like there is a blanket statement that one size fits all. Everyone here is either in support of STR or more regulations on STR, but what I am hearing is an overlay all it is going to do is take away the individual rights of all these people either inside the overlay or outside of the overlay. So I think the problem is it is the one size fits all, mentality that we are trying to apply to the City of Virginia Beach, instead of looking at each individual property, and each individual situation. And in light of that, a lot of this has been talked about so I am going to fly through it. It is known that there is positive economic impacts on consumers and the tourism industry which Virginia Beach comprises itself of. There's positive impacts on neighborhoods and local businesses, and the local economy. Chesapeake Beach or Chicks Beach as you guys know, we have HK, Zia Marias, Buoy 44, Commonwealth Brewery, all businesses that thrive on the local economy they are inside that neighborhood. Allowing STRs in that neighborhood, STRs, yes stay 2.1 times longer and spend 1.8 more times money in the local economy, which helps support those businesses inside those smaller neighborhoods. Some of the impacts that have not been talked about yet that I was actually kind of surprised of is the environmental impacts. Studies have shown that energy efficient STRs and North American guests use up to 63% less energy when staying at a STR. That's our water levels and that's our energy consumption. That is something as a nation we should be concerned about and strive to do better with. The other one is the effect on the coronavirus and the community, which is obviously impacted all of us over the past year. STRs have been a mainstay for stranded travelers that either are dealing with flight cancellations, border closings, or have had their chances of cutting off return and can afford to stay in hotel long term. It is also been used as shelters for emergency personnel, and those that are vulnerable to the sick. A lot of police officers and first responders have stayed in STRs to avoid exposing their family members, their children and their loved ones, to the potential risk of coronavirus. The other issue that I have heard risen is crime and noise. We have within the City of Virginia Beach and as a nation the ways to deal with those things. I would simply suggest that we utilize the things we already have in place. Thank you very much for your time. Mr. Weiner: Thank you for comments sir. [2:46:35] Mr. Dao: Mr. Chair. That was the last in person speaker, we will now move to virtual speakers. The first virtual speaker is Steven Bishard, followed by Leslie Richards, followed by Seth Bloomdale. Mr. Bishard, if you can please hold for three seconds before making your comments. Thank you. 26 Mr. Bishard: Thank you for letting us speak today. I just want to echo primarily what the supporters of the STRs are sharing today. We are a family that's from Virginia Beach. We have several year round rentals and recently, have brought into business some short-term rentals. One point, we have more issues with our long term, yearly rentals than of short-term rental properties that we have. I just want to mention too that the key to this that we have found is really to have an active, even a proactive, swift, capable and professional management company. For example, our manager and management company lives in the Old Beach area, kind of central to where most of our short term rental holdings are, is usually able to be at site within 10 minutes when there's an issue. So that is proven very, very effective for us. Also, it does turn out that if there are any changes to the ordinance that anyone that is grandfathered in any way will be protected in all respects. As the current ordinance stand today, I think that would be a wise and fair way to handle things. There certainly is a place in Virginia Beach, and even internationally we are seeing, for Airbnb. It seems to be the preferred way for people to stay in places, are another different kind of uses. And so I think we need to preserve that in some respect. I appreciated Ms. Chastain's way of looking at it. I know there are various people with various views, ideas and opinions that there has to be a way to preserve the free market or somewhat of a free market approach. Some of these families that we heard from, it sounds like it is their sole income. Their livelihood is based on their ability to maintain a short-term rental business. Lastly, it seems like that problems associated with short-term rentals are fairly minimal and when it is looked at in the large lens. All of our rentals, for example, we have some things and some situations, maybe we have some tenants have parties, but I can say so far, at least with our short-term rentals, have had no problems, no situations and no issues come up and so appreciate you hearing it. Thank you for the opportunity. Mr. Dao: The next speaker is Leslie Richards, followed by Seth Bloomdale, followed by Andrea D'Angelo. Ms. Richard, if you can please hold for three seconds before beginning your comments. Ms. Richards: Hi, thank you for letting me speak today. My name is Leslie Richards, and I live in the North End. Both my husband and I are opposed to allowing short-term rentals without a CUP process and meaningful enforcement and penalties. STRs endanger our safety and enjoyment of our home and life for our family and pets. We are year around residents and love our community and the North End family. The behavior of those renting STRs has progressively gotten worse each year. The new renters are less respectful and per their own comments they are entitled because they paid for it. They aren't concerned about having to face their neighbors for their actions because they are gone in a couple of days. I was not aware of the 311 hotline, so now that I am aware I will make sure to make my complaints known, but that may be why you do not have a lot of records for people who have issues because they do not know about that outlet. My experience with short-term renters includes them peeing off balconies, bottles thrown on our decks, 27 trash in the streets, them wanting to fight, and excessive nonstop noise and partying at each turnover. They are confrontational and aggressive. I can't enjoy my home because of the fear and anxiety of the next one. Will the next one be worse than the last one. This year has already started with a bang as we all I am sure aware of the two flash parties that just occurred down the street from me. There were gunshots, drag racing, trash, including shell casings, and excessive noise and screaming. I am afraid to walk my dog at night or sit on my porch for fear of being hit by a stray bullet. Is this the Virginia Beach we want. There are more than enough hotels in the area, who have the proper infrastructure and security to ensure no one gets out of hand. Renters choose STRs because the cost per person is so low and they can get away with a lot more than if they were in a hotel. Neighbors are left to fend for themselves with little assistance from the police, at least that is my experience. In regards to the North End Overlay and STRs I am against the overlay for the North End. If STRs are to be allowed they should require approval via CUP. Limit the frequency to one rental per week. In regard to the North End density calculation that should be based on current legal STRs and capped at no more than 5%. No new CUPs should be approved until a density is below 5%, the proposed 15% is excessive especially since there are no shortage of hotel options. Additional Zoning Inspectors and Enforcement Teams should be in place prior to granting more CUPs to handle complaints rather than the homeowner having to contact the responsible party due to fear of retaliation. Safety of our Virginia Beach residents should be our top concern. Why should enjoyment of my home be reduced due to a for-profit business in a neighborhood. By allowing STRs that endanger our community, family friendly environment, and disrupting our neighborhood and happiness. As I said STRs be limited with strict enforcement, penalties for violations, and CUP requirements for our own safety. Thank you very much. Mr. Weiner: Thank you. Next speaker. Mr. Dao: Next speaker is Seth Bloomdale, followed by Andrea D'Angelo, followed by John Mannarino. Mr. Bloomdale, if you please pause for three seconds before starting your comments. We move on to the next speaker Andrea D'Angelo, followed by John Mannarino, followed by William Duke. Mrs. D'Angelo please start your comments. Ms. D'Angelo: This is Andrea D'Angelo. Thank you for your time today and the ability to speak. I am a new homeowner in Croatan and I knew that the STRs were available here because I myself had rented with my family for several years before actually coming to purchase a home. It seems to me that I was not aware of the conflict by any means going on between renters and owners. It seems to me that the voices of few of those should not be able to regulate the rights of everyone else. There is a public beach and a parking lot in our neighborhood that some feel that renters are much less desirable. These families spend money here in our restaurants, the aquariums,and attractions, and they add to the neighborhood with their excitement 28 and pleasure of beach life for a short time, especially after a year of being locked up for COVID,which seems more important than ever. I think for some people this income allows the opportunity to make improvements on their properties, which adds to the values of the neighborhood in general. And the opportunity to share this place with families who cannot afford to buy here is very rewarding. I know my family enjoyed this privilege for years making wonderful memories. I would ask that we allow STRs to continue to exist while maintaining rules to keep these visits safe and positive for everyone. There are regulations in place, and we should do our best to ensure a good experience for everyone, but we need to be good neighbors not combatants. The beach is for everyone, let us find an equitable resolution. Thank you. Mr. Weiner: Thank you for your comments. Mr. Dao: Next speaker is John Mannarino, followed by William Duke, followed by Robert Goodman. Mr. Mannarino, if you can please pause for three second before starting your comments. Mr. Mannarino: Hi this is John Mannarino, can you hear me. Thank you. Mr. Dao: You can start your comments, sir. Mr. Mannarino: Hi. I only have a couple of questions because Croatan is not in an overlay district and we hope that Croatan would not be in an overlay district. The concern I have is the sun setting of CUPs that already exists and the definition of grandfathering. To me it is a bit hazy and I am not sure whether or not we fully understand and appreciate that some of the properties in Croatan, which may be grandfathered have thus far been long-term rentals and not short-term rentals, or short-term rentals which are in possession of CUPs. I understand that those will sunset, so that we can retain the character of the neighborhood, without having to go through the struggles that we are seeing in the North End. And as to the previous comments about the accessibility of the beach and what it means to residents that are here, it does not seem that the individuals are looking at the fact that homeowners have a sizable investment in their properties as well. And just because an individual is looking to make a short-term investment in a short-term rental, does not mean it is going to be beneficial to me as a long-term renter. So, once again, please, if we can just have some more qualification on what it means to sunset a CUP after five years and what it means to be grandfathered it would clarify those of us living outside of an overlay district what that means for the future of our neighborhoods. I also would like to suggest that that 60% petition rate to establish an overlay district be raised again to something like 75% or 80%, which one of your previous speakers said about the SSD and about the traffic changes, that is the extent of my comments. Thank you. Mr. Dao: The next speaker is William Duke, followed by Robert Goodman, followed by Andrea Chambers. Mr. Duke. You can please start your comments. 29 Mr. Duke: I am William Duke, and I am the Vice Chairman of the Tidewater Libertarian Party. I am not speaking on behalf of the TLP, but you should know that I am a libertarian and I am also speaking only for myself, and I also run an Airbnb with my wife in our large home, we rent out rooms and we stay there. Regarding short term rental overlays, I am completely in favor of the Virginia Beach Short-Term Rental Associations recommendations. And, I believe it is great to have meaningful and useful regulations of these short-term rentals, but I am appalled that you would create these zones where you would — I don't think it is very well thought out. You are clearly going to be changing the nature of the neighborhoods because there will be so many people who will want to start STRs in the near future, they are going to have to be in that property, that area, and you are going to change the nature of that overlay, and you are also restricting the rights, property rights of people throughout the city who don't live there. It's not very libertarian by any means to extend certain rights to one area but not to another. And you will see a change in both inside and outside of these overlay districts, as people who expect to have the right to run short-term rentals realize that they have to move to do so, buy property elsewhere to do so. It is going to be a disaster. Thank you. Mr. Dao: Next speaker is Robert Goodman, followed by Andrea Chambers, followed by Margaret Rontini. Mr. Goodman if you can please start your comments. Mr. Goodman:I am Robert Goodman, a lifelong resident of the North End of Virginia Beach. I would strongly urge you not to have an automatic short-term rental permitted in the North End of Virginia Beach, it would only be by permit. And the permits should be subject to some strict rules and requirements. You do not have a right to enforce it if it is not a practical matter. First thing is that it ought to be revocable, if there are problems. Secondly, they should be sunset after a period of time so that they can be reviewed from time-to-time, so that no one person gets a lock for life on a rental. There should also be a limit on density, I would recommend 5% of the total dwelling structures within a street, 1% within a city could leave whole areas flooded. With respect to a street in the North End, I think you should include the Ocean Avenue, or numbers that have the same street number, and the feeder road that has the same street numbers. Once you get to the density and it should be by side, one on each side of Atlantic Avenue if you are going to get there.The process should be taken into heavy account any objection by the neighbors, for example, Mr. Davenport's application is strongly opposed by his neighbors he can rent by the week now. The issue is short-term rental, that should be limited to one rental per week, under any of these applications at the North End. There should also be a look that is not going to adversely affect the live oaks and things like that when they clean up, they destroy the neighborhoods, for the sake of a little bit more money. There should be inspection by the fire inspectors because we are suddenly looking at a greater density. And these are short-term rentals, these are not normal rentals. The inspectors should be paid out of a special fund that should be assessed against as a special tax on this, and the inspector should be permitted in the permit to go into the house to see be sure that there are not more bedrooms, 30 than are authorized, so there needs to be an authorization to go in without a search warrant. I would strongly say that behavior consequences such as very recently that would involve multiple, multiple violations. You do not need three strikes over three different days. That three strike point would have been more than covered by what happened at 56th Street, for example, and that permit should be revoked effective immediately. If you're going to do that you give a chance of preserving the residential character at the North End, which despite what people say is there. And when we talk about the finances and property values going up, yes, but the residential value goes down. You want to live next to a 56th Street rental, only if you are going to buy the next one and do the same thing if that's doing right now. Otherwise you are going to move. That is not what your responsibility is to us as long term citizen. Thank you very much. Mr. Dao: Next speaker is Andrea Chambers, followed by Margaret Zontini, followed by Andrew Cohen. Ms. Chambers, if you can please start your comments. Ms. Chambers: Good afternoon, my name is Andrea Chambers. I just recently bought a home in the North End, last year coincidentally on 56th Street. My understanding is that the City Council has found that some areas of the city for short-term rentals are not compatible with residential use and the surrounding communities, due to the concerns of excessive noise, illegal or improper parking, congestion, litter, and interference with the quiet enjoyment of the residential neighborhood where they live. We experienced all these issues with a short-term rental in our neighborhood this weekend. As you know, there was a massive party at a short-term rental at Holly and 56th Street that started on Friday night and continued all the way through Sunday. My neighbor called the police at midnight on Friday due to excessive noise, the police responded, but were not able to shut down the party, because they did not have the right to do so. according to what they indicated. The party continued until 3am that night, at which time eight shots were fired and there apparently was a shooting victim. To surprise variable and the party continued on Saturday night, I was out of town and received multiple texts Saturday showing cars blocking my driveway, running over my lawn. And, I was informed that folks were shouting obscenities at my neighbors,and that the police returned but we are not able to shut down the party again. There was twerking on top of police cars and neighbors said the party did not end till 5am of the party goers were allowed, leaving the party as well. Due to concern with my safety of my property I drove 10 hours home to get home to see if the mayhem would continue on Sunday. I understand this was an illegal Airbnb, but I do not see how, adding an overlay to make it legal would help anything. Concerning the density I am very concerned with the density issues and I note that the Marriott owner was able to somehow carve out an exception to the overlay which seems unfair to the rest of us in the North End who don't want this for our neighborhoods. We were planning to make this as our retirement home, we spend money at restaurants like every, you know people are saying they want people to come here and spend money on restaurants and shops, we do that all the time since we are living here now. So, we would also 31 like to be able to bring our children here to visit and see the ocean and have a safe place for them to come. We strongly oppose the overlay. If there's going to be a continuation of short-term rentals we would support continued use of the conditional permit process. I was impressed listening this morning to those applications and how careful the council was or the Zoning Committee was in reviewing them. We would support a minimum requirement, in my view of one month, when I was purchasing my condo here I was told that most of the condos. Mr. Weiner: Thank you for your comments. Mr. Dao: The next speaker is Margaret Zontini, followed by Andrew Cohan, followed by Michael Kelly. Ms. Zontini, please start your comments. Ms. Zontini: Most of the conversation that we have had today and you have heard many good suggestions,which I think is wonderful. Sadly I live on a street where there are six rentals whether they are STRs I have no idea but who goes through them of the Airbnbs, but I can tell you that over the last five years we have had incredible amount of parties, nonsense, and cars. And it is not just all families, you know, it is just an abundance of all kinds of things. And it goes on until the wee hours of the morning. I think that I am totally against overlays. I think there could be an equitable resolution to 90% of it. And, I do think we need desirable regulations but just to give a blanket automatic lot for life it is not cohesive to a neighborhood, and the North End is a neighborhood. My grandfather built the house that I live in in 1933, and it is remained in our family ever since. And it started out as a lovely little neighborhood I do not want that to change, and I greatly appreciate the fact that you all have let us give our opinions and our voices today. Thank you so much. Mr. Dao: Next speaker is Andrew Cohan, followed by Michael Kelly, followed by Thomas Lopresti. Mr. Cohan, please start your comment. Mr. Cohan: Thank you very much. Hello, my name is Andrew Cohan, I am a property owner and a full time year around resident of the North End where I have owned a home for 20 years. I speak in support of the North Virginia Beach Civic League position on short-term rentals, which seeks to preserve the residential character of the North End. While short-term rentals may be compatible with commercial zoning of the OR and RT districts, they are not compatible with the residential zoning of the North End. At the recent Planning Commission workshop on STRs I was deeply disturbed the commissioners were willing to recommend an STR density of 15% for the North End higher than the 10% recommended for the Shore Drive district, based on data that staff explained is unreliable, stating that they have no way to determine the current actual number of STRs in the North End. And, further staff stated that the data that they provided included a significant number of properties that were grandfathered as STRs, and also a significant number of unpermitted and illegal STRs, but that they had no way to separate those out in the data. Your staff told you that the Commissioner of Revenue has at least some of this data but will not share it with you. Before making an arbitrary 32 recommendation for 15% density of STRs in the North End, Planning Commission should ask Council to direct the Commissioner of Revenue to provide the data that you need to make a properly informed recommendation. Any recommendation by this Planning Commission on whether to create an STR overlay for the North End, and if so, what density to allow in that overlay, must be based on reliable data. Further, the baseline for any such recommendation must be based on the current number of legally permitted STRs and not on a number of density that includes grandfathered or illegal STRs. So, to conclude our request the Planning Commission adopt the position of North Virginia Beach Civic League as follows; the North End should not be in an STR overlay, however, if the North End is in an STR overlay STR applications must be reviewed and approved through the Conditional Use Permit process. You must limit STRs to density reflecting the current number of legal STRs in the North End or no more than 5% of residences. STR should be limited to a frequency of one rental per week. STR applications shall require a current physical survey and site plan showing the proposed parking plan, and additional zoning inspectors must be funded and fired as needed to enforce STR regulations. Thank you very much for this opportunity to share my remarks with you. Mr. Dao: Next speaker is Michael Kelly, followed by Thomas Lopresti, followed by Martin Warrant. Mr. Kelly, please pause for three seconds before starting your comments. Mr. Kelly: This is Michael Kelly, I am the president of the Croatan Civic League and I want to say first of all I appreciate the challenging issues and problems that you are dealing with. I think MIT calls it a wicked hard problem. Everybody is trying to do the best they can from their interests and concerns and thus the problem becomes even more complex, because we are also dealing with people's lives. Our Board reviewed the current change recommendations and support the current change recommendations. You have seen our comments before and letters and so I would not go in very much detail, I guess I would just highlight three things. The first is grandfathering. It is vague, and it is not clear. And it is not clear how a grandfathered property comes into compliance. Secondly, as has been pointed out, there is no central list that identifies what properties are registered as STRs likewise what properties are grandfathered. And therefore neighbors and communities probably do not have a very good way of being able to look for both the issues, as well as to be helpful in their recommendations. And finally, I think clearly there is not an adequate process for reporting. It does not work right now very well, the responses do not seem to work very well right now, and it is already been mentioned that there is an inadequate ability to enforce and obviously, whatever you do, you have got to be able to enforce the regulations. Again, you are doing the best you can. I think you're doing a pretty good job at trying to get through all of this, and I appreciate it. Thank you very much. 33 Mr. Dao: Next speaker is Thomas Lopresti, followed by Martin Warrant, followed by Gail Johnston. Mr. Lopresti, please start your comment. Mr. Lopresti: My name is Tom Lopresti I am also part of the Virginia Beach Short-Term Rental Alliance, I am in pro in favor of short-term rentals. I think they should exist by right within the entire city, I do not believe in the overlay districts. I think you are taking people's fundamental right to do with what they want to their property. I feel that the Planning Commission is being bullied into an enforcement and regulatory role instead of Planning, and that is done by the City Council and a lot of these groups like the North End. I appreciate them. I appreciate the concerns. I do not want people trashing my property or misbehaving, I am a renter and an owner. But, the world is changing, people are changing, and the city changing and I get it, you guys do not want change or afraid of it. But that is not a reason to ban my right to use my property how I want. There is already enforcement on the books, we already know there is rules and regulations governing people's behavior, we just need to enforce those things. Get rid of CUP process. Get rid of all this nonsense that you're wasting your time on and let this thing take fold. The only reason you are doing it now is because it hasn't existed as long as long term rentals. Long term rentals are worse in every aspect than short-term rentals. I mean they just are, the data is there to prove that. I get these people do not want short-term rentals, then they are not going to want long term rentals, and then they are not going to want young people moving in their neighborhood,then they are not going to want people that do not speak with an American accent. Where does it stop. You are not going to always get the perfect little bubble and neighborhood. Things change and I am sorry but that's just life. So let it happen but do not rely on the government to, you know, remove your rights or anyone's rights, because you are uncomfortable with something. I really appreciate you guys taking the time. I think everyone is really passionate about this, but you know let's let this develop and unfold for a few years before we start just getting pushed into doing things that we do not know the consequences of like the whole parking thing. You got people tearing up these beautiful lawns to make room for parking so they could because they to comply and do what's right. 99% of the owners want to do what's right. We want to register, we want to pay our taxes, we want to do what's right by the government, by the city, by our neighbors. But you guys make it so hard. I cannot tell you how many people I know are running short-term rentals aren't registered because they know they would not get approved. They know the City's against them, they do not want to speak up, they do not do these things. They would love to but they know it is just not going to happen. So,that is my two cents, I appreciate you guys listening to me. And please, do what you can do to support the short- term rentals because we are here to help you guys succeed as a city, one Nation. Thank you. Mr. Dao: Next speaker is Martin Warrant, followed by Gail Johnston, followed by Bob Hughes. Mr. Warrant, please start your comment. 34 Mr. Warrant: So, it is been a long day and I thank you very much for your attention, which I do not imagine has been easy at all. A lot has been said. I live at the North End for the last 30 to 60 years I have been in Virginia Beach, before that Norfolk. And I am a full time resident on 66th Street. I was little bit of confused by some of the commentary because I thought this overlay thing was what we had done. The North End was burdened by the City with grandfathered ability for people to build condominiums, single family, duplex apartments and so forth and so on. on small lots. And that was done all over the North End starting probably 20 years ago, and the overlay that we created was to allow people to have smaller dwellings, rather than the big box dwellings and that's how the overlay came about for us. Now, as regarding the short-term situation, there have always been rentals at the North End. Those residents that are here know about it and live with it and it hasn't been much of a problem. The problem is Airbnb, which has expanded into an industry, and an industry is a commercial activity, and there is no space in a residential area for commercial activities. Now, we are not going to eliminate short term rentals, but there absolutely must be a control over short-term rentals.To that end, I believe that the city has the capacity to find out what percentage of the housing at the North End is rented and let that be the base of the percentage accepted. There's no way to increase that activity. I don't want the increased rentals in my neighborhood. There should be no official sanction to increase the average rental percentage at all. Now, residents of the North End have not indicated any animosity towards rentals but they are absolutely opposed to increasing the volume of them. The city has an obligation to provide for health and safety, nothing in your plan at the point that I am aware for the North End addresses those obligations. They are nothing to those willing to alter living conditions, many for personal profit. The changes you present cater to them, ignoring the bedrock residents of the City of Virginia Beach. I strongly urge that there be no increased rentals at the North End. And I thank you very much and I recognize that you've got a tough job. Signing off. Mr. Dao: Next speaker is Gail Johnston, followed by Bob Hughes, followed by Barbara Sherill. Ms. Johnston please start your comment. Mr. Weaver: Hi, my name is Michael Weaver, I am Gail's son, she had to run to a doctor's appointment. I think she did not realize how long this would last. I am just going to very briefly go over what she wanted me to go over. Right now I am the third generation longtime resident here, My grandfather built the home that we currently rent out as an STR. We have been running out for nine years, in that time we have had one problem the entire time that we personally enforced. We have no complaints from our neighbors. Now, we are a little different because we are literally right next door so we can enforce immediately, which is part of the reason why it is easier for us to enforce, but there are a couple of things that we were sort of concerned with. One is that the overlays create sort of an unfair concentration. A lot of people have already said this, but it is worth reiterating, an unfair concentration in certain areas, it does not really resolve any of the concerns people 35 have for their safety or the safety of their neighborhood within those overlays. Unless there is a means of enforcing rules and stopping people from basically disturbing the peace. I mean that seems to be a very important thing that we absolutely need to address but I am not 100% sure how the proposed changes would in any way address that. The other thing is in addition to the obvious, the revenue that comes in, the beneficial safety of a home as opposed to a hotel in the time of COVID. I mean, we really do have some concerns with like the proposed limits on the number of people that can be at the home. A lot of the people that stay at our rental are here to see family. And so they come, they gather at the home. I mean that we may want to expand the number of people who are allowed to be in the home in addition to renters. It should be maybe more like 10 additional people. I am not sure that is something that should be discussed. And then, quite frankly, I think that if we want to protect people like from what I have been hearing about what happened here on the North End Sunday night, I means the cops were on our property at like three in the morning with rifles and dogs, and flashlights. Yeah, that is not okay but I do not see how that's going to be fixed with anything we are talking about because as far as I know the reason that we are here Sunday has nothing to do with STRs right, we had somebody complaining to us about it, it is a resident nearby who apparently has had some problems before. We are not going to be more or less safe because of STRs unless we have specific ways to enforce conduct for people who are visiting. That is pretty much all. I really appreciate you guys taking the time to listen to everything everyone has to say and looking forward to working with everyone to find a good solution and moving forward. Mr. Dao: Next speaker is Bob Hughes followed by Barbara Sharell, followed by Kieran Archbell. Mr. Hughes, please start your comments. [3:24:29] Mr. Hughes: Good afternoon. My name is Bob Hughes, my wife and I am the owner of a two bedroom condominium located at 2113 Atlantic Avenue in the Kamla condominiums, and it has been a short-term rental since we purchased it in 1999. I am also the President of our Condominium Owners Association and I am representing the owners of all 15 units, 11 of which are either are or will be short- term rentals. I want to thank the Planning Commission for taking another look at the short-term rental regulations. I know is a tough nut to crack. Countless rules and regulations which as the President I actively enforce already reflect many of the restrictions that you were considering, and they were developed over the decades to address the need to manage short-term rentals within our condominium complex. The creation of the oceanfront resort short-term rental overlay district will help us manage the Virginia Beach vacation experience, and it is something that we support. I cannot speak to the appropriateness of the other overlay district by personal basis, a one size fits all solution just does not seem to work. The oceanfront resort is a very different critter from other areas of Virginia Beach. However, after reviewing the proposed changes the existing regulations, I would like to address several areas of concern. Dropping the occupancy limit from 36 six people of any age to four adults and two children for a two bedroom 1200 square foot condominium is overly restrictive. Kamla has had a six person of any age restriction in place for decades and we have never had any issue with overcrowding. All of our units are two bedrooms and they can safely accommodate six adults. The requirement for a 30 minute on site response should be modified to phone contact within 30 minutes, and on site within one hour 30 minutes after phone contact. All but one of Kamla's 11 short-term rentals are professional managed by local firms. It is physically impossible to guarantee that somebody can get on site to the oceanfront within 30 minutes. Have you tried to drive to the oceanfront on a Saturday afternoon, it could take 30 minutes just to make it from where 264 ends to get to Atlantic Avenue. I live in Western Branch and on a good day, it takes me at least 45 minutes to make it to the oceanfront. Many short-term rental problems can be resolved over the phone, and do not require somebody on site to resolve. The next issues I want to address are ones that require clarification. The first is the occupancy limit for events. The proposed change reads no events permitted with guests above the number of allowed guests per night as calculated by two per bedroom. But for the purposes of this regulation what constitutes an event. If my short-term rental tenant invited five people over to my two bedroom condo one evening to watch the fireworks but not spend the night, is that an event, and would I be in violation because they invited five people over? This regulation needs clarification as to what constitutes an event. And finally, with respect to balcony occupancy determinations, you need to specify what building code construction or life safety standard you want to have apply to that the determination. For a building like Kamla, with four inch thick concrete balconies, the calculations are very different than that for wooden deck or balcony. Kamlas balconies were built with a design light load of 60 pounds per square foot. In the case of my unit,the balcony is 126 square feet or a live load of 7560 pounds,which is thirty seven 200 pound people. Mr. Dao: Next speaker is Barbara Sharell, followed by Karen Archbell, followed by Louis Gaytan. Ms. Sharell, please start your comments. Ms. Sharell: Thank you. We are second generation of Cape Story by the Sea. We definitely oppose any kind of overlay. Our neighborhood is sandwiched between the brand new Delta hotel with 295 rooms and First Landing State Park with 229 between cabins and recreational camping slots. I just wanted to help put a face maybe on what an STR on our street has done to us. I had one of my neighbors call me crying in tears because an STR renter, she works at night and they pulled up, they came through and were knocking on her back door, and when she said she was not an STR and did not know where it was, they got angry at her,they left the car, their cars in her driveway, she came out and demanded that they moved them. She had me on the phone because she was so afraid of this group of people. So, the police were called because the man was cursing and swearing at her and I heard all this over the phone. I came out of my house the police were called another neighbor came out. So, this is very upsetting with these STRs. That is 37 one example. Next example,the kids were scared to walk down the street because this STR home had different people that would come to it. Cars were parked in front, their windows were rolled up and the cars were full of smoke. The kids were afraid to walk past there so they would go around to a different way to get to their house. So now you have got working people scared, you have got kids that are frightened. We have a 90-year-old in our neighborhood who has lived here all her 90 years. She is very unsettled by the disturbing constant array of strangers, pacing back and forth around her property. We are now another house just to let you know she was scared because the STR tenants were making a bunch of noise. She did not want to call the police because of repercussions. She did not and another neighbor did but her house wound up getting egged. Also, there was a family that came in, they did not like they bought a bunch of fast food, they did not like it they threw over the food over the fence and the neighbor's dog ate it and got sick. So does anybody pay the bill for the vet, does anybody pay the bill for the house that gets egged, is anybody looking after the neighbor now that is so unsettled because they have STRs banging at their door trying to find out where it is on our street. I just think this is not a place, Cape Story by the Sea, is not a neighborhood for STRs. We are a solid family oriented neighborhood, and just this one STR on our street has been continuously disruptive in every kind of way, urinating in public, one group was asked not to do that. Overflowing trash. Mr. Dao: The next speaker is Karen Archbell, followed by Louis Gaytan, followed by Enit Lulushi. Ms.Archbell, please start your comments. We'll move on to next speaker, Louis Gaytan, followed by Enit Lulushi, followed by Elaine Fakete. Mr. Gaytan, please start your comments. We will move on to the next speaker, Enit Lulushi, followed by Elaine Fekete. Ms. Lulushi, please start your comments. Ms. Lulushi: Hello Planning Commission. This is Enit Lulushi, thank you for listening. My husband and I are Croatan homeowners and I speak today against the proposed ordinance changes. I want to commend the City Council for recognizing the system they put in place for STRs, which they just created only a short year ago is entirely broken, flawed, subjective, biased and nonfunctional. However, the current proposed changes in front of you are also wrong and we reject them. As they will exacerbate the problems, impact negatively a large swath of your homeownership base, even hurt your tourism revenue. We believe rental short- term is a homeowner's right as part of a homeownership right. We support the STRs with a minimum stay of seven nights in Croatan. We urge you to consider for Croatan, the same solutions as you do for the North End or at least establish an objective, unbiased and fair CUP application process in the future. Because Croatan is very much like the North End, both because of its location and the history of vacation homes in Virginia Beach. The narrative you have been accustomed to is that there is no overwhelming support in Croatan for STR. I hope today's hearing disproves that narrative. At least it is 50:50, up to now. The statement you might hear that full time residents have bought their homes to live in a "full time" residential neighborhood is misleading at the least, as there has 38 always been the ocean here and there have always been vacation homes in Croatan from its very beginning. For instance, we have been second homeowners in Croatan for 18 years now, it has always been that. The argument that Croatan is residential and therefore STRs should be banned is flawed. It is perfectly aligned with the American dream and with the residential use of a neighborhood, to have hardworking honest American families who come here for a beach vacation or to visit their military members for at least a week. And we care about the peace and quiet of our neighborhood, as much as anyone else. In addition, we care about our own property. We indeed are paying members of the Civic League. And by the way, the President of the Civic League does not speak for me. And even though the police have, we have Atkinson manage our home. The argument that the vacation families will come and cause destruction by parking on the street while they have four guest parking spaces in their fancy Croatan vacation homes and garages defies logic. In general, the narrative that everyone who comes to visit in Virginia Beach constitutes a threat to full time residents and is aspiring to break the law by illegally parking or overflowing trash or worse, is not helpful. So is the assumption that everyone who aspires to rent out their home on short-term is careless and has disregard for the peace and quiet of neighborhoods. Please let us not encourage the bashing of American families that are willing to bring their hard earned tourist money here and by doing so fully. Mr. Dao: Next speakers is Elaine Fakete, followed by Whitney Harding, followed by Brandy Flotan. Ms. Fekete, please start your comments. Ms. Fakete: Good afternoon everyone I know it is been a long day, I will keep this brief. I just wanted to say that I can thank everyone my name is Elaine Fakete. I can sympathize with the issues that people have. I have a friend who invites me over to a neighborhood that is not anywhere near the beach, every fourth of July for a cookout and there is a house down the street that every year has huge hundreds of cars show up. There is admission,there is loud noise,there is underage drinking there is gunfire, there is fireworks. But what I came here to point out today was that's not a short-term rental, the owner of the house is doing that. So, some of these concerns in the neighborhoods are not just relevant to short-term rentals. I have spoken to you. I live in Sandbridge. I have lived in Sandbridge for 26 years. I have rented my home for 13, and I have spoken before most of you, multiple occasions, about Sandbridge, which I know is not in particular on the issue today, but I just want to point out to you that Sandbridge is a neighborhood as well. On my street, which is a cul-de-sac street, there are over 50 houses, and there are only three short-term rentals on my street. The rentals in Sandbridge, we have found a way to make them where they are not bothering the neighbors, there are no noise, there are no complaints, there are no issues. I personally vetted every guest. It is a family that comes to stay with us during the summer. This is the home that I live in so I rent out my home so I am going to make extra sure that it is taken care of. Families come in the summer and on the weekends and holidays when my children aren't in school. We rent to a lot of military families who come 39 to town and want to see their children or to families up and down the East Coast to meet here in the middle. It is a mistake, a huge mistake, to assume that if we do not have short-term rentals that people will stay in a hotel. I talk to these people, it is two different groups of people that we can cater to both. People will drive elsewhere, the Outer Banks is not that far away. It will happen. Like I said, I have been doing it for 13 years, I have never had a complaint. My neighbors meet me in my yard on Saturday and say, oh, I had the best time watching so and so's grandchild ride a bike, oh I went fishing with so and so, oh I invited your guests over for dinner because they were so nice. And there is no more traffic than when I am here, there is no more trash than when I am here and I think that, you know the Visitor and Convention Bureau might be a little upset if people are watching this today hearing that in general, we think that tourists to our area are a safety threat, they are noisy, they are more litter, I mean, are we not welcoming or are we. The one thing I wanted to bring up about the Sandbridge issue is the fee for zoning. Mr. Dao: Next speaker is Whitney Harding, followed by Brandy Flatan, and followed by Karen Archbell. Ms. Harding, please start your comments. Ms. Harding: Hi my name is Whitney Harding. I am a resident of the North End at 65th Street. We do have a couple of short-term rentals, they rent out rooms and everything. I have three young children and this concerns me for their safety. We have a house for sale, right at the end of our driveway, which means if someone comes in and makes it a short-term rental, I fear for the safety of my children playing in our driveway. We do not know who these people are, could they be a sex offender, coming in right next to me and me not knowing and not allowing my seven and nine year old boys to play in their own driveway. I think we need to be very careful about how many we allow. I agree with the position of the North Virginia Beach Civic League. I think it should only be 5%, and we need to not be an overlay, personally I do not think we should be. We are a residential community, I know my neighbors, yes, some are second homes, but I do know them and they come back for the summer and we look out for one another like other people in the North End has said, we look out for their homes we look out for our neighbors, and so I just do not want to see short-term rentals in the North End. Thank you. Mr. Dao: Next speaker is Brandy Flotan, followed by Karen Archbell followed by Louis Gaytan. Ms. Flotan, please start tour comment. Ms. Flotan: Hi, good afternoon. Thank you for this time and for this attention on this detail. I am a homeowner in the Vibe Creative District. I just want to express my support for STRs, specifically my neighborhood, which is a mixed zone and it is also in the Oceanfront Resort District Overlay. I purchased my home as a vacation home for my family to use and enjoy, and we rent it about 30% of time which helps us support and maintain the excellence of our property. I am invested in this community as a homeowner, I am also a business owner in this community, and I 40 employ members of community for cleaning and yard maintenance. My home is co-joined with four other units, four out of the five which are also approved and registered STRs and myself along with my neighbors have had positive experiences here. We have screened our guests, we have established a communication channel between us that has been very effective and is a multiplier for eyes on the property. Personally I hosted 16 families last year, all of which had no issues and were lovely and had amazing experiences and plan to come back to Virginia Beach. Again, I have enjoyed operating as an STR and would really express my support to be able to continue this by right. I submit that the Oceanfront Resort District by nature is the most appropriate best use and should be allowed by right to homeowners within the district. Thank you for your time. Mr. Dao: Next speaker is Karen Archbell, followed by Louis Gaytan. Ms. Archbell, please start your comment. We move on to the next speaker, which is Louis Gaytan. Mr. Gaytan, please start your comment. User 19, can you please identify yourself. Caller 21, can you please identify yourself. I am sorry, can you speak louder. That is all the speakers on the agenda. 41 K. 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CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/01/2021 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OM 0 0 L W 0 0 C Y L N 0 U W S 0 T T HE E E S S E 00 E T I R Y S S E R NDN CITY COUNCIL'S BRIEFING A. CHANGES TO THE CITY'S VOTING Christopher Boynton, SYSTEM Deputy City Attorney II. CITY MANAGER'S BRIEFING A. STORMWATER MANAGEMENT Bobby Tajan,Director- REVIEW AND STORMWATER Planning and APPEALS BOARD Community Development Carrie Bookholt,DSC Administrator- Planning and Community Development Seth Edwards, Engineering Supervisor -Planning and Community Development III-VIII CERTIFICATION OF CLOSED CERTIFIED 10-0 AY Y YYY Y YYYY A-E SESSION E3 S A N D F. MINUTES 1. INFORMAL and FORMAL APPROVED 9-0 Y Y Y YYA Y YAYY SESSIONS May 18,2021 B B S S T T A A I I N N E E D D 2. FORMAL SPECIAL SESSION APPROVED I I-0 Y Y Y Y Y Y YYYY Y May 25,2021 G. MAYOR'S PRESENTATIONS I. RESOLUTION IN RECOGNITION Attorney Kerriel Bailey Ei. PUBLIC COMMENT I. PROPOSED CHANGES TO THE 47 SPEAKERS CITY'S ZONING ORDINANCE SHORT TERM RENTALS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/01/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ERNDN 1.1. Ordinance to AUTHORIZE the ADOPTED,BY 10-0 Y Y Y Y Y A Y YYYY Dedication of a 15'-wide(1,861 square CONSENT B feet)Easement to Dominion Energy S over City-Owned property located on T Loretta Lane A N E D 1.2. Ordinance to AUTHORIZE ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Conveyance of a Safety Arc Easement CONSENT B to the United States of America over S 15.07+/-acres of City-Owned land at T Red Wing Lake Golf Course A N E D 1.3. Resolution to EXTEND the deadline ADOPTED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y for the recommendations of the AMENDED Citizens Review Panel Task Force (Requested by Council Member Wooten) 1.4. Resolution to APPOINT the Members ADOPTED,AS 8-3 Y Y Y NNYY YYNY of the Urban Agriculture Advisory AMENDED Committee to four-year terms (Requested by Council Members Abbott and Berlucchi) 1.5. Resolution to GRANT permits re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ALLOW Emergency Medical CONSENT Services Agencies to operate in the City: a. Fast Track EMS,LLC b. MB Solutions,LLC c. Shore Transport Services,Inc I.6. Ordinances to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $197,811 from Virginia Department of Behavioral Health and Development Services to FY 2020- 21 Human Services Operating Budget re security costs at the Crisis Intervention Team(CIT) Assessment Center b. $130,127.39 from the Federal Emergency Management Agency (FEMA)to the FY 2020-21 Fire Department Operating Budget re costs for mobilization of the Virginia Task Force 2 Urban Search and Rescue Team to assist with the 59th Presidential Inauguration CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/01/2021 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDNOMO 0 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 ERNDN J.1. ANATOLY&JOY ANN APPROVED/BY 11-0 Y Y Y Y Y Y Y Y Y Y Y DRITSCHILO for a Street Closure re CONSENT 7.5 foot by 50-foot portion of an unimproved alley adjacent to the rear of 737 Vanderbilt Avenue DISTRICT 6— BEACH J.2. GERARD JANDOC for a Conditional DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re short term rental at 4503 Guam Street DISTRICT 4—BAYSIDE J.3. KIM DAVENPORT for a Conditional DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re short term rental at 8809 INDEFINTELY Atlantic Avenue Units A&B DISTRICT 5—LYNNHAVEN J.4 MARK A.MOORE for a Conditional APPROVED/ 7-4 Y Y YNNNY YNYY Use Permit re short term rental at 2229 CONDITIONED,BY Maple Street DISTRICT 5— CONSENT LYNNHAVEN J.5. KERRY BURNHAM fora DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re short term rental at 400 Norfolk Avenue,Unit B DISTRICT 6—BEACH J.6. HALF MOON EXT,LLC/JAMES APPROVED/ 9-2 Y Y YNYNY YYYY GOLDSTEIN for a Conditional Use CONDITIONED,BY Permit re short term rental at 305 16th CONSENT Street,Unit A DISTRICT 6—BEACH J.7. VICTORIA MASON/DOMINIC APPROVED/ 9-2 Y Y YNYNY YYYY MASON for a Conditional Use Permit re CONDITIONED,BY short term rental at 304 28th Street,Unit CONSENT 207 DISTRICT 6—BEACH J.8. COLIN TOMLINSON/JASON APPROVED/ 9-2 Y Y YNYNY YYYY WALKER for Conditional Use Permit re CONDITIONED,BY short term rental at 304 28th Street,Unit CONSENT 111 DISTRICT 6—BEACH J.9. TENIKA CREW for a Conditional Use DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 3236 Winterberry Lane DISTRICT 7— PRINCESS ANNE K. APPOINTMENTS RESCHEDULED BY CO N S E N S US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/01/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE BAYFRONT ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Stacey Shitlet Martin Thomas 3 Year Term 7/1/2021—6/30/2024 BIKEWAYS AND TRAILS ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE John D.Moss— (Representing City Council Member) Unexpired Term thru 6/30/2024 CHESAPEAKE BAY PRESERVATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y AREA BOARD William Burnette Unexpired Term thru 12/31/2023 SOUTHEASTERN PUBLIC SERVICE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y AUTHORITY OF VIRGINIA L.J.Hansen— (Representing City Employee) Gary Kelley— (Representing Alternate)No Term TRANSITION AREA/INTERFACILITY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y TRAFFIC AREA CITIZENS John Cromwell ADVISORY COMMITTEE 3 Year Term 3/1/2021—2/28/2024 CITY COUNCIL LIAISON Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY SERVICES BOARD Barbara M.Henley L/M/N ADJOURNMENT 10:51 PM OPEN DIALOGUE 7 SPEAKERS 11:17 PM