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Home My WebLink About07-06-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G�Nv,.Bc MAYOR ROBERT M. "BOBBY"DYER,At Large �� 6 L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 ��• Y "`. JESSICA P.ABBO7T,Kempsville—District 2 ''* MICHAEL F.BERLUCCHI,Rose Hall—District 3 R` j� BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large +, - .4 AARONR.ROUSE,At Large •• uu■ YI.‘0M5 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 July 6,2021 FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 3:00 PM A. SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION David Jarman, Transportation Division Manager—Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES 3:15 PM A. FLOOD PROTECTION PROGRAM BOND REFERENDUM III. CITY COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Mark Nieting Prince of Peace Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 15, 2021 2. SPECIAL SESSION June 22, 2021 G. MAYOR'S PRESENTATION 1. PROCLAMATION PARKS AND RECREATION MONTH Michael Kirschman, Director H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to END the Declaration of a Local Emergency re COVID-19 Pandemic 2. Resolution to ADD Student Members to the Green Ribbon Committee (Requested by Council Member Henley) 3. Resolution to EXTEND the deadline for the recommendations re Citizens Review Panel Task Force 4. RESORT ADVISORY COMMISSION: a. Ordinance to AMEND the City Code Section 2-6 b. Resolution to APPROVE Amendments to the Bylaws 5. Ordinances to AMEND: a. Sections 1-3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances 6. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$110-Million and PROVIDE for the form, details and payments thereof 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 2721 Bluebill Drive re construct and maintain a floating pier and three (3) pilings 8. Ordinance to APPROPRIATE $762,600 of Fund Balance from the Police Federal& State Seized Assets Special Revenue Fund to the FY2021-22 Police Operating Budget re equipment and training 9. Ordinances to Accept and Appropriate: a. $20,000 from Cities for Financial Empowerment Fund to FY2021-22 Parks and Recreation Operating Budget re Summer Youth Employment Program b. $57,000 from the U.S. Department of Justice to FY2021-22 Police Department Operating Budget re overtime and training expense and AUTHORIZE the Chief of Police to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Office of the Attorney General re Hampton Roads Human Trafficking Task Force c. $142,482 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget and ESTABLISH two (2) full-time positions re STEP-VA Services d. $200,000 in Federal Surplus Funding from the Congestion Mitigation and Air Quality Improvement Federal Program and TRANSFER $50,000 from CIP #100246 (Lesner Bridge Replacement) to CIP #100537 (Dam Neck and Holland Road Intersection Improvements) e. $600,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2021-22 Human Services Operating Budget and ESTABLISH five(5) full-time positions re implementation of the Marcus Alert System 10. Ordinance to APPROPRIATE $400,000 from the Fund Balance of the General Fund to PROVIDE a GRANT to the Hampton Roads Workforce Council (Requested by Council Member Tower) J. PLANNING 1. DHW JOINT VENTURE, LLC for the Street Closures re 15-foot Street Dedication adjacent to a 50-foot Norfolk & Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road RECOMMENDATION: APPROVAL 2. OCEAN RENTAL PROPERTIES, LLC (now known as ORP Ventures, LLC) for a Street Closure re 1,151 sq. ft of an unimproved portion of 10th Street (formerly 13th Street) adjacent to Norfolk Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. 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) Deferred from June 15, 2021 RECOMMENDATION: APPROVAL 4. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Change of Zoning from (B-3 Central Business District to Conditional CBC Central Business Core) re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDS: APPROVAL 5. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors at the Southwest corner of Jeanne Street and Constitution Drive DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL 6. COMMONWEALTH AUTO GROUP, INC. & WWMD PROPERTIES, LP for a Conditional Use Permit re motor vehicle sales&rentals at 4873 Haygood Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. TRACI R. & MICHAEL MCGLYNN for a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20th 'A Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. LINDA M. LAMB LIVING TRUST for a Conditional Use Permit re short term rental at 4615 Oceana View Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 9. KRISTA L. WOODLOCK for a Conditional Use Permit re short term rental at 3709 Rockbridge Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. STANDARD COMMUNITY, LLC for a Conditional Use Permit re short term rental at 427 Peregrine Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 11. WILLIAM GEORGHIOU for a Conditional Use Permit re short term rental at 3608 East Stratford Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 12. ANDREW BROYLES for a Conditional Use Permit re short term rental at 3604 East Stratford Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 13. KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue, Units A & B DISTRICT 5 —LYNNHAVEN (Deferred from June 1, 2021) RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 14. DAN & SARA BAILEY for a Conditional Use Permit re short term rental at 103 57th Street, Unit A DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 15. TODD E.SWEIGART for a Conditional Use Permit re short term rental at 507 19th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. SPIVAK FAMILY TRUST for a Conditional Use Permit re short term rental at 229 16th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 17. HEATHER SHIMP for a Conditional Use Permit re short term rental at 304 28th Street, Unit 307 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. SUZANNE OLESZKO for a Conditional Use Permit re short term rental at 312 Arctic Crescent DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 19. CATHERINE PATTERSON DENTON& THE PINK CABANA,LLC Conditional Use Permit re short term rental at 1316 Cypress Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. ANDREW LIN for a Conditional Use Permit re short term rental at 4441 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL APPLICANT REQUEST WITHDRAWAL 21. Ordinances re Short Term Rentals: PLANNING COMMISSION RECOMMENDATIONS/VERSIONS 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 c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO, regulations and requirements re Short Term Rentals in each Overlay District f. ESTABLISH Transition 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 CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts- North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) 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 DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person 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=e7ec4335b8304d 16a3 84f45eabcbc3 a 11 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 6, 2021. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 3:00 PM A. SOUTHEASTERN HIGHWAY MEMORANDUM OF UNDERSTANDING TERMINATION David Jarman, Transportation Division Manager—Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES 3:15 PM A. FLOOD PROTECTION PROGRAM BOND REFERENDUM III. CITY COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Mark Nieting Prince of Peace Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 15, 2021 2. SPECIAL SESSION June 22, 2021 G. MAYOR'S PRESENTATION 1. PROCLAMATION PARKS AND RECREATION MONTH Michael Kirschman, Director - .1% s."A" 03 OR OUR NA-0,"/ Vrotianmation Wherra& Virginia Beach Parks and&creation is celebrating 65 years of exceeding community expectations in an inclusive,innovative,and sustainable manner. Whereas: Our Barks and&creation Department was named a top four finalist in the 2021 National-Gold 94edalAward program, advancing its vision to become the national fea(er in providing enriching and memora6le lifelong experiences"and 'Whe►ea. Park; and&creation promotes a healthy lifestyle for our citizens and provides recreational opportunities that are accessi6le to all ages and a6ifities,and Whereas: Parks and&creation maintains 300 parks and park facifities, including skateparkc, dog parks, playgrounds kayak and boat launches,seven community recreation centers,and over 7,100 acres of parkland and open space;and whereas: Sitty-three percent of the community resides within a half-mile walkto a park and Whereas: Parks and&creation Community &creation Centers served as blood drive donation locations, polling locations,and vaccination sites during the pandemic and Whereas: Park"and&creation performs landscape maintenance at al"city and school buildings, the resort area,sports fields,parks,and city roadways;and Whereas: Park;and&creation offers a diverse line-up of recreational sports for youth and adults and hosts sporting events that attract increased visitations to the City;and Whereas: Parks and&creation plays an integral part in advancing of our Councils vision, the Sustaina6ilty Plan,the Active'Transportation Plan,and the'Urban(Forest 94anagement Plan;and Whereas: Parks and&creation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction; and Whereas: Parks and&creation's environmental initiatives help improve water and air quality, assist with storm water and sea lave!rise,and protect habitat for willife;and '4 hertas: Parks and&creation provides a place for all generations to play, explore, connect, and reconnect through leisure experiences,nature,and the outdoors;and Whereas. "fie Parks anti-Recreation Department is a CAM Accredited agency since 1999. Now,4fterefvre,I, Ny6ert 9if.(Dyer, Mayor of the City of Virginia Beach,do hereby proclaim: Jury 2021 Parks and creation Month In Virginia Beach., and I encourage alit citizens, city members and civic organizations to join me in supporting our Parks and Recreation by visiting a community recreation center,park,or natural area. In Witness INYiereof I have hereunto set my hand and caused the Official Seal of the City of Virginia (Bench, Virginia,to 6e,affi d this Sixth Day of 2u51 Two'FtousandTwenty-One. `77* 4‘°‘ . e - - 406ert AL 'Bob 'tDyer !Mayor H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to END the Declaration of a Local Emergency re COVID-19 Pandemic 2. Resolution to ADD Student Members to the Green Ribbon Committee (Requested by Council Member Henley) 3. Resolution to EXTEND the deadline for the recommendations re Citizens Review Panel Task Force 4. RESORT ADVISORY COMMISSION: a. Ordinance to AMEND the City Code Section 2-6 b. Resolution to APPROVE Amendments to the Bylaws 5. Ordinances to AMEND: a. Sections 1-3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances 6. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$110-Million and PROVIDE for the form, details and payments thereof 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 2721 Bluebill Drive re construct and maintain a floating pier and three (3) pilings 8. Ordinance to APPROPRIATE $762,600 of Fund Balance from the Police Federal&State Seized Assets Special Revenue Fund to the FY2021-22 Police Operating Budget re equipment and training 9. Ordinances to Accept and Appropriate: a. $20,000 from Cities for Financial Empowerment Fund to FY2021-22 Parks and Recreation Operating Budget re Summer Youth Employment Program b. $57,000 from the U.S. Department of Justice to FY2021-22 Police Department Operating Budget re overtime and training expense and AUTHORIZE the Chief of Police to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Office of the Attorney General re Hampton Roads Human Trafficking Task Force c. $142,482 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget and ESTABLISH two (2) full-time positions re STEP-VA Services d. $200,000 in Federal Surplus Funding from the Congestion Mitigation and Air Quality Improvement Federal Program and TRANSFER $50,000 from CIP #100246 (Lesner Bridge Replacement) to CIP #100537 (Dam Neck and Holland Road Intersection Improvements) e. $600,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2021-22 Human Services Operating Budget and ESTABLISH five(5) full-time positions re implementation of the Marcus Alert System 10. Ordinance to APPROPRIATE $400,000 from the Fund Balance of the General Fund to PROVIDE a GRANT to the Hampton Roads Workforce Council (Requested by Council Member Tower) gt[ ror--,..4..;,, ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to End the Declaration of Local Emergency Made in Response to the COVID-19 Pandemic MEETING DATE: July 6, 2021 ■ Background: On March 13, 2020, effective at 3:00 p.m., the Acting City Manager issued a declaration of local emergency in response to the threat posed by COVID-19. The declaration authorizes City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach residents and visitors during the COVID-19 pandemic emergency. • Considerations: City staff at all levels worked tirelessly to respond to the emergency and adapt to the challenges created by the pandemic. Although recovery operations are ongoing, the City Manager has concluded that all necessary local emergency actions have been taken. Accordingly, he recommends that the City Council approve an ordinance, as required by Virginia Code § 44-146.21, that ends the declaration of local emergency, effective at 11:59 p.m. ui i dune 30, 2021. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance and Memo Recommending the End of the Declaration of Local Emergency Requested by the City Manager Recommended Action: Approval City Manager: ' A 1 AN ORDINANCE TO END THE DECLARATION OF LOCAL 2 EMERGENCY MADE IN RESPONSE TO THE COVID-19 3 PANDEMIC 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City 11 Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of 12 Emergency Management and appointed the City Manager as the Director of Emergency 13 Management; 14 15 WHEREAS, in response to the COVID-19 pandemic, the City Manager, as the 16 Director of Emergency Management, issued a Declaration of Local Emergency on 17 March 13, 2020, effective at 3:00 p.m.; 18 19 WHEREAS, on March 31, 2020, as required by Virginia Code § 44-146.21, the 20 City Council confirmed the Declaration of Local Emergency; and 21 22 WHEREAS, the City Manager has concluded that the City had taken all 23 necessary local emergency actions and has recommended that the City Council end the 24 declaration effective 11 :59 p.m. on June 30, 2021 . 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That, pursuant to Virginia Code § 44-146.21, the City Council hereby ends the 30 Declaration of Local Emergency effective at 11:59 p.m. on June 30, 2021. Adopted by the Council of the City of Virginia Beach on the day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Offic CA15480 R-1 June 22, 2021 cA1.11 •$Fite, 04�` yGi tr C�t of Vi r -rill a Beach OF 041R NAry,� v `dYF4t) OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1,ROOM 234 2401 COURTHOUSE DRAE VIRGINIA BEACH,VA 23456-9001 INTER-OFFICE MEMORANDUM DATE: June 17, 2021 TO: Danielle Progen, Emergency Management Coordinator FROM: Patrick Duhaney, City Manage '! SUBJECT: COVID-19 — End of Local Emergency The City of Virginia Beach staff at all levels has done a tremendous job responding and adapting to the complex operations and challenges faced by the Coronavirus ("COVID- 19") pandemic. While recovery operations may be ongoing, all necessary local emergency actions have been taken. In alignment with the ending of the Commonwealth of Virginia's emergency declaration, I will ask City Council to approve an ordinance ending the declared local emergency effective at 11:59 p.m. on June 30, 2021. PAD/dcp ,,.4,, r u-1/2„,. f, .„ , , „:„...,..„._., ::::,..„..._.., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add Student Members to the Green Ribbon Committee MEETING DATE: July 6, 2021 • Background: The City Council created the Green Ribbon Committee to advise the City Council on matters relating to the improvement of water quality in the City's waterways. Water quality impacts all residents, and continued efforts to improve water quality will be needed for the foreseeable future. Providing students who have a demonstrated interest in improving water quality and environmental sustainability with the opportunity to serve as members of the Committee would benefit the City, the Committee, and the students. The Environmental Studies Program at the Chesapeake Bay Foundation's Brock Environmental Center enables students to expand their understanding of sustainable economics and business innovation, environmental sustainability and natural resource stewardship, and that program may be a source for identifying potential student members of the Committee. • Considerations: This resolution provides that the membership of the Committee shall include two high school students, who will be voting members and will be appointed to one-year terms. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by Councilmember Henley REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION TO ADD STUDENT MEMBERS TO 2 THE GREEN RIBBON COMMITTEE 3 4 WHEREAS, the City Council created the Green Ribbon Committee to advise the City 5 Council on matters relating to the improvement of water quality in the City's waterways; and 6 7 WHEREAS, providing students who have a demonstrated interest in improving water 8 quality and environmental sustainability with the opportunity to serve as members of the 9 Committee would benefit the City, the Committee, and the students; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That, in addition to its current membership, the Committee shall include two high 15 school students as voting members, with each appointed to a one-year term. 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 CA15485 R-1 June 23, 2021 c NU it4«w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Extending the Deadline for the Recommendations of the Citizens Review Panel Task Force MEETING DATE: July 6, 2021 • Background: The City Council on April 20, 2021, adopted a resolution that created the Citizens Review Panel Task Force, and it included a deadline of June 1 , 2021 for the task force to make its recommendations to the City Council. On May 18, 2021, the City Council appointed the members of the task force, and on June 1, 2021, the Council extended the deadline for the task force's recommendations to July 31, 2021. During its initial meeting on June 17, 2021 , the task force set a weekly meeting schedule for Monday evenings from 6 p.m. to 8 p.m., with the exception of June 21st (because there was inadequate time to provide public notice of the meeting) and July 5tn (which is a City holiday), but even with weekly meetings, the task force concluded that meeting the current July 31st deadline is not feasible. • Considerations: The task force has requested that the deadline for its recommendations be extended to August 31, 2021. This resolution would do so. • Public Information: Normal Council agenda process. • Attachments: Resolution Submitting Department/Agency: Citizens Review Panel Task Force City Manager: At 1 A RESOLUTION EXTENDING THE DEADLINE FOR 2 THE RECOMMENDATIONS OF THE CITIZENS 3 REVIEW PANEL TASK FORCE 4 5 WHEREAS, the City Council on April 20, 2021, adopted a resolution that created 6 the Citizens Review Panel Task Force, and it included a deadline of June 1 , 2021 for the 7 task force to make its recommendations to the City Council; 8 9 WHEREAS, on June 1, 2021, the City Council extended the deadline to July 31 , 10 2021; and 11 12 WHEREAS, the task force has concluded that meeting the current July 31st 13 deadline is not feasible and has requested that the deadline be extended to August 31, 14 2021 ; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the task force shall report back to the City Council with its recommendations 20 by August 31, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: &t,e, City Attorney's Offic CA15489 R-1 June 28, 2021 ( Ly;`yy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1)An Ordinance to Amend Section 2-6 of the City Code Pertaining to the Resort Advisory Commission and (2) A Resolution Approving Amendments to the Bylaws of the Resort Advisory Commission MEETING DATE: July 6, 2021 ■ Background: The Resort Advisory Commission (RAC) appointed a special committee to review and update their Bylaws to reflect changes to some of the membership entities and outdated references. Text from the City Code was incorporated into the document to ensure consistency with the Code and remove ambiguities. Clarification was also provided for reporting deadlines, attendance, commissioner terms and frequency of meetings. Finally, the Remote Participation Policy, RAC Committee Guidelines and Mission Statements are included as attachments to the Bylaws. During its June 3, 2021 meeting, the RAC voted to recommend that the City Council approve the attached amendments to its bylaws. a Considerations: City Code § 2-6 references the Virginia Beach Hotel/Motel Association. The ordinance amends that section top reflect its current name: the Virginia Beach Hotel Association. ■ Public Information: Normal Council agenda process. a Recommendations: Approve the ordinance for the Code change and the resolution to approve the bylaws amendments. s Attachments: Ordinance; Resolution; Proposed Bylaws Amendments Recommended Action: Approval Submitting Department/Agency: Resort Advisory Commission��,'� City Manager: j�� 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-6. - Resort advisory commission. 14 15 (a) There is hereby created the resort advisory commission. The members of the 16 commission shall be appointed by the city council to serve terms of three (3) years. A 17 chair and a vice-chair shall be elected from the commission by its members. All 18 members shall be residents of the city. 19 20 (b) The governance and administration of the commission shall be in accordance 21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 22 without the prior approval of city council. 23 24 (c) The commission shall consist of at least eleven (11), but not more than 25 nineteen (19), members. In selecting members of the commission, the city council shall 26 appoint at least one (1) representative from each of the following organizations: Virginia 27 Beach Hotel/Motel Association, Virginia Beach Restaurant Association, Virginia Beach 28 Division of the Hampton Roads Chamber of Commerce, and Virginia Beach Council of 29 Civic Organizations. The commission shall also include a resort retailer. The city 30 council shall also appoint to the commission at least three (3) design professionals 31 having expertise in the fields of architecture, urban design, land use planning, 32 landscape architecture, transportation planning, or other design fields relevant to the 33 purposes for which the commission was created. 34 35 In the event of a conflict between the provisions of this subsection and any other 36 ordinance or bylaw, the provisions of this subsection shall control. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Strategic Growth Area Office City Attorney's Office CA15588 R-1 June 25, 2021 1 A RESOLUTION TO APPROVE PROPOSED 2 AMENDMENTS TO THE BYLAWS OF THE RESORT 3 ADVISORY COMMISSION 4 5 WHEREAS, City Code § 2-6(b) provides that the Resort Advisory Commission 6 shall act in accordance with its bylaws, and that those bylaws shall not be amended 7 without the prior approval of the City Council; and 8 9 WHEREAS, during its June 3, 2021 meeting, the Resort Advisory Commission 10 voted to recommend that the City Council approve the attached amendments to its 11 bylaws; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the City Council hereby approves the proposed amendments to the bylaws, 17 which shall be effective upon adoption of this resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCYlil7h/ I Strategic Growth Area Office City Attorney's Office CA 15487 R-1 June 25, 2021 RESORT ADVISORY COMMISSION BYLAWS ARTICLE I PURPOSE The general purpose of the Resort Advisory Commission ("Commission") shall be to review and make recommendations to City Council regarding (i) projects and issues associated with the Oceanfront Resort Area, and (ii) such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. In carrying out this purpose, the Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination that: • encourages responsible enjoyment of its invaluable natural assets by residents, day visitors, and tourists; • draws on all of its ocean and bay beaches and inland bays,lakes and rivers to establish the City as a water- oriented recreation destination; • provides a growing stream of tourism-generated tax revenues to help meet the City's needs for schools, highways, and social services; • offers a diversity of cultural, entertainment, recreational, and educational tourism venues in an integrated and well-designed manner; • attracts visitors from a wide spectrum of income and age groups and serves each group with courtesy and distinction; • establishes a distinctive identity at each gateway to the City and extends this distinctive character along routes linking our major resort attractions and venues; • encourages private investment in tourism development and offers an environment conducive to profitable operation of small and large-scale resort businesses; • competes successfully year-round for the best state and regional conferences, trade shows and conventions; and • enhances its beachfront residential neighborhoods and minimizes conflicts between visitors and residents in these neighborhoods. Specifically, the Commission shall: • serve as City Council's citizen advisory panel on tourism-development challenges and opportunities; • serve as an incubator for tourism-development projects and programs; • serve as the conduit to the Council for resort plans and initiatives; • monitor the Tourism Growth and Investment Special R evenueProgram (TIP) Fund and Tourism Advertising Program (TAP)to insure that expenditures are consistent with Council policy; • build consensus among the diverse interests having a stake in our tourism industry; • assist City staff and Council to integrate the diverse mix of resort programs and projects into a consistent, unified, tourism-development plan; • be an advocate for quality design in both public and private resort development; and • monitor implementation of Council-endorsed resort projects, programs and policies to insure consistency with the Council's resort vision. ARTICLE II MEMBERS Section 1. Number. The Commission shall consist of at least eleven (11) but not more than nineteen (19) members, and eyshall include a member from each of the following associations: the Virginia Beach Hotel/Motel_ Association, the Virginia Beach Restaurant Association, the Resort Retailers Association, the Virginia Beach Division of the Hampton Roads Chamber of Commerce, and the Virginia Beach Council of Civic Organizations. Finally7theThe Commission shall also include a resort retailer. The Commission shall include at least three (3) design professionals who have expertise in the fields of architecture, urban design, land use planning,landscape architecture,transportation planning,or other design fields important to realizing the purpose of the Commission. All nominees shall be appointed by City Council: and serve at the pleasure of the City Council. Section 2. Term. All members shall be appointed for a term of three (3) years; provided, however, that, in accordance with § 2-3 of the City Code, no member shall be appointed to serve more than three (3) consecutive three(3)year terms. , in accordance with Section 2-3.(b)a Commissioner may be reappointed by City Council to one or more additional terms beyond the limit imposed by City Code Section 2-3. Section 3. Qualifications. All members shall be residents of the City. The overall membership should also include persons with knowledge or experience in the fields of banking and finance, tourism development, recreation and entertainment, commercial real estate, advertising,business management, real estate law, or other areas uniquely related to the purpose of the Commission. Additionally, every effort should be made to have geographical, racial, and ethnic representation on the Commission reflective of the entire City. Section 4. Chair and Vice-Chair. A Chair(or Vice-Chair in the Chair absence) shall preside over the meetings of the Commission. The Chair and Vice-Chair shall be appointedelected by a majority vote of the Commission and shall serve for a term of one(1) year. The Chair and Vice-Chair may be re--elected for additional terms. Section 5.Attendance.Attendance records shall be kept at each meeting of the Commission and an annual report of the attendance of the members shall be filed with the City Clerk by 0November 15 of each year for review by City Council. No member shall accumulate an annual total of more than three(3) unexcused absences per calendar year (not to exceed one-fourth of the total number of meetings). If this limitation is exceeded for reasons other than personal illness, a th, other al the „tment "hall be terminated automatically or otherwise prescribed by lain. the illness or death of a relative, or other circumstances beyond the member's control (determined by the Chair), as required by City Code 2-3.1, the Chair shall promptly inform the City Clerk, who will inform the member in writing, with a copy to City Council, that due to excessive unexcused absences, his or her membership on the Commission has been terminated. Members are allowed to participate remotely pursuant to the RAC's adopted Remote Participation Policy (Attachment A). Section 6. Vacancies.A vacancy caused by death, resignation, termination, expiration, or otherwise shallshould be filled by City Council for the unexpired term thereof, or in the case of an expiration, for three(3) years; within thirty(30)days of said vacancy. . If a Commissioner is appointed to fill a seat that was vacated with time remaining on the term, the new appointee will serve the unexpired portion of the prior member's term. The term limits above apply only to full three-terms, not partial terms. Notwithstanding the above,if,immediately prior to a vacancy,the Commission consists of more than eleven(11) members, City Council shallmay choose not have to fill the vacancy. ARTICLE III MEETINGS Section 1. Regular meetings. The Commission shall meet at least once amentltper calendar quarter, at a time and location to be determined by the Chair upon consultation and coordination with the other members. The Commission's Resort Investment Committee (RIC) shall also serve as the Executive Committee for the Commission and shall meet monthly when needed, on either matters requiring immediate action, or as requested by Council. The RAC may vote to ratify a vote taken at the RIC. Section 2. Special meetings. A special meeting may be called by the Chair or five (5) members of the Commission, or may be convened by City Council, to consider any matter that, in the determination of the Chair, the members, or City Council, needs to be addressed prior to a regular meeting. City Staff shall provide notice consistent with the Freedom of Information Act and the City Code. Any recommendation to the City Council, adopted by the Commission, shall be immediately submitted in writing to the City Manager who shall transmit it to City Council. Section 3. RequirementsOuorum. A rnajorityum of Commission members (more than half of the current membership) shall be present in order for any meeting to be held at which action may be taken. All actions of the Commission shall be conducted at a regular or special meeting and, with the exception of reports as indicated in Article IV below, shall require a majority vote of those members present. ARTICLE IV REPORTS Section 1. Annual Report. Within f rty five (45) days of the end of the fl ca'By October 15 of each year, the Commission shall prepare and submit an annual report of its activities, recommendations, and proposals, including a financial statement, if applicable, to the City Manager who shall transmit same to City Council. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission, City Council, or the City Manager. In compliance with City Council's Ordinance No. 94-2258, attendance records shall be kept at each meeting of RAC with a yearly compilation and be submitted with the Commission's Annual Report to the City Council via the City Clerk's Office. Section 2. Tourism Investment .Program. By October 15th of each year, the Commission shall prepare and submit an Annual Tourism Growth and Investment Special RevenProgram (TIP) Fund (TGIF) Report to the City Manager who shall transmit it to the City Council. This Report shall include the Commission's evaluation of the status of the TGIF Special RevenucTlP Fund and its recommendations for the use of the TGIFTIP in the upcoming budget cycle. This Report shall also include Commission recommendations for non-TGIFTIP-financed operating and capital budgeting initiatives that are consistent with the Commission's purpose. Section 3.Capital Improvement Project Recommendations. By October 15th of each year, a list of prioritized Capital Improvement Projects ("CIP") will be submitted to City staff for review and potential inclusion in the CIP budget. Section 4. Requirements. All reports shall be approved by a majority of the members of the Commission. The Commission shall present a summary of any required report directly to the City Council at a public meeting. In any report to the Council, the Commission shall identify any conflicts that its report may have with the opinions of other City agencies. ARTICLE V COORDINATION Section 1. City Departments. The Commission shall work with and through the Convention and Vi'itors Bur-eauDepartment of Economic Development and the Resort Management Office which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments (1) to ensure that there is no unnecessary duplication of efforts; (2) to enable the Commission to review the recommendations and proposals of City departments for compatibility (or incompatibility)with Commission objectives; (3)to enable City departments to review and provide comments on Commission-generated proposals or initiatives;and(4)to ensure timely implementation of projects and programs. Section 2. Other City Agencies. The Commission and the DepartfftentDepartment of Economic Development shall make a special effort to establish open lines of communication with other City agencies involved in the formulation and implementation of various components of the City Council's resort and tourism policies including, but not limited to, the following: the Resort Management Office, the Development Authority, the Planning Commission, the ShoreSher-e--14riveBayfront Advisory Commission, the Beat ents Steefing GemmitteeCity entertainment contractor,the Advertising Advisory Council,the City Manager's Resort Area Task Force, and other City agencies, that may have an interest in specific elements of the Council's resort and tourism policies. ARTICLE VI COMMITTEES The Chair of the Commission shall have the authority to appoint special committees, the members of special and standing committees, and to appoint a current RAC member to serve as Chair of any such committees comprised of-members of the Commission and non-members with special expertise,to study and review specific areas of concern and to report back to the full Commission for such action as the Commission shall deem appropriate. All Commissioners shall serve on at least one Commission Committee as a voting member. Refer to the Commission's Committee Guidelines for more information. The standing committees are: G.R.E.E.N. (Green Resort Eco-Friendly Efficient Neighbors), TPPC (Transportation, Parking, Pedestrian Committee), OEC (Oceanfront Enhancement Committee), PDRC (Planning and Design Review Committee), RIC (Resort Investment Committee), and OSGAC (Oceanfront Strategic Growth Areas Committee). ARTICLE VII AMENDMENTS No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective without the prior consent of City Council. These Bylaws [as amended] are hereby adopted as of this 22nd day of June, 2004, by the Council of the City of Virginia Beach, Virginia. INSERT ATTACHMENTS A & B & C RAC Remote Participation Policy, Effective July 1, 2021 RAC Committee Guidelines RAC and RAC Committee Mission Statements *O r ,, Er' / ': ,- y (4.. i.°` ' . ..• Resort AdvisoryCommission Policy .00 Title: Policy for Remote Participation by Members in RAC Meetings Date of Adoption:July 1,2021 Dates of Revisions: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to enable members of the Resort Advisory Commission to participate in Resort Advisory Commission 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 Resort Advisory Commission that individual members of the Commission may participate in Commission 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. This policy applies to the Commission and to any committee or subcommittee appointed by the Commission that has voted to adopt this policy. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Chair and the appropriate City staff member 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 Commission must be physically assembled at the primary meeting location 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 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. The minutes do not need to include 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. 2.3 Challenges Title: Policy for Remote Participation by Members in RAC Meetings Date of Adoption: July 1,2021 Dates of Revisions: Page 2 of 2 If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Commission shall vote on whether to allow such participation. If the Commission 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. ATTACHMENT B RESORT ADVISORY COMMISSION (RAC) COMMITTEE GUIDELINES The Resort Advisory Commission (RAC) shall have Organized and Active Committees. • Planning and Design Review Committee (PDRC) • Resort Investment Committee (RIC) - Voting Members Consist solely of RAC Committee Chairs (or their appointed Committee Vice-Chair), to serve as an Executive Committee for the RAC or Council, as needed. • G.R.E.E.N. Committee (GREEN: Green, Eco-Friendly Efficient Neighbors) • Transportation, Parking, Pedestrian Committee (TPPC) • Oceanfront Strategic Growth Area Committee (OSGAC) • Oceanfront Enhancement Committee (OEC) Guidelines • Each Commissioner on the RAC must serve as an active Voting Member of at least one Committee. A Voting Member will have attended three successive Committee meetings, with fewer than one-fourth of total meetings missed in one calendar year.) • The associations for restaurants (VBRA), hotels (VBHA), Council of Civic Organizations and the Virginia Beach Division of the Hampton Roads Chamber of Commerce shall each have one seat and receive one vote on the Committee(s) of their choice. • City Staff may participate, but shall not serve as a Voting Member, on any Committee. • The Committees may meet one scheduled time per month prior to the scheduled meeting for the full RAC. Schedule and frequency to be determined by the Committee Chair. • Each Committee will have a current RAC Chairman to organize and lead the meeting. The Chairman is appointed by the full RAC Commission and Beach Borough Council Member. • The Committee Chairman will establish the Voting Members of their respective committees. The Chair will also appoint a RAC Voting Member as Vice Chair to officiate the meeting in the absence of the Committee Chairman; or at the Chairman's discretion, they may cancel a meeting. • Minutes will be taken at each Committee meeting. Once approved these minutes will be circulated to the Committee Voting Members. RAC Approved 6-4-2021 • The Committee Chair will Report the subjects and actions taken at every Committee meeting in the monthly meeting of the full RAC Commission. At the RAC meeting the Committee Chair shall present the recommendation(s) from the Committee and make best efforts to present the significant sides or opinions presented in the recommendation process. • The Number of Voting Members of each Committee will be the responsibility of the Committee Chairman. This number is not to exceed 13 voting members. • To be eligible to become a Voting Member a person must have attended three consecutive Committee meetings. Once a person qualifies as a Voting Member, at the Chairman's discretion, they may be identified as a Voting Member and recorded. • Once a Position as a Voting Member is established they must adhere to the attendance guidelines established in Section 5 of the RAC Bylaws. No Voting Member shall accumulate an annual total of more than three (3) unexcused absences (not to exceed more than one-fourth of the total number of meetings in one calendar year). In essence, they must be active and participate in the minimum required number of meetings. • Every effort will be made to post voting issues on the meeting Agenda so the members can prepare their position. ONLY VOTING MEMBERS are allowed to vote on Agenda items where a position is needed. Other members are encouraged to participate in the discussion but are not included in the vote. • All other RAC Bylaws govern these Committees and their members. RAC Approved 6-4-2021 Resort Advisory Commission 4525 Main Street, Suite 710 Virginia Beach, VA 23462 (757) 385-2900 Virginia Beach FAX (757) 493-5439 RAC and Committee Overview Mission Statements listed at this vbRov link: https://www.vbgov.com/government/departments/sga/pages/Resort-Advisory-Commission.aspx Resort Advisory Commission (RAC) The general purpose of the Resort Advisory Commission shall be to review and make recommendations to City Council regarding projects and issues associated with the Oceanfront Resort Area, and such other resort and/or tourism-related projects and issues as the Council may refer to the Commission.The Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination. Resort Advisory Commission Committees The RAC committee members are responsible for developing recommendations for the RAC to review regarding relevant issues in the oceanfront resort area.There are currently 6 subcommittees: Green Resort Eco-friendly Efficient Neighbors Committee (G.R.E.E.N.) To foster green and sustainable initiatives, in all aspects of Virginia Beach tourism and hospitality, as we continue to thrive as a certified Virginia Green Destination for leisure and convention travelers. Transportation, Parking, Pedestrian Committee (TPPC) To evaluate and provide recommendations on the operations and development of facilities and programs that improve the transportation,parking, and pedestrian systems in the resort area for visitors, residents and businesses. The TPPC will also act as a sounding board for private and public initiatives and work to achieve consensus before making recommendations to the RAC on any issues. Oceanfront Enhancement Committee (OEC) To propose to RAC new ideas and perspectives that foster the continued ongoing,positive transformation of the resort for locals and visitors. To that end, we agree that both creating and managing first-class events, programs,and aesthetics have been and will be successful at promoting a secure,inviting,festive, economically vibrant,and inclusive atmosphere. Planning and Design Review Committee (PDRC) To improve the quality of design and development of the built environment for the beach community, in service to the Resort Advisory Commission and the citizens of Virginia Beach. Oceanfront Strategic Growth Area Committee (OSGAC) To assist the Resort Advisory Commission in supporting the strategic planning initiatives in the resort area. Resort Investment Committee (RIC) The Resort Investment Committee will work in conjunction with the Resort Industry in the development of priorities for investment and development in the Resort Area. We will monitor existing and identify other funding sources to facilitate outlined improvements. We will communicate and develop consensus for such improvements and review availability and stability of funding sources for the future and continued success of the Resort. il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 1-3 AND 1-30 OF APPENDIX D, STORMWATER MANAGEMENT PERTAINING TO THE STORMWATER APPEALS BOARD AND SECTION 1.2 OF THE PUBLIC WORKS DESIGN STANDARDS MANUAL PERTAINING TO VARIANCES MEETING DATE: July 6, 2021 ■ Background: The Stormwater Appeals Board was initially created in compliance with state law changes to stormwater regulations in 2014. The Board consists of three citizen members and three City staff members representing Planning, Public Works and Public Utilities. After hearing feedback regarding the make up of the board from the development community, changes were presented to City Council on June 1, 2021 and this ordinance reflects that proposal. All voting members of the board are proposed to be citizens with a background in "sciences, earth science, soil science, natural resources, chemistry, or other commensurate professional or educational background." It also requires that members shall not be actively involved in the submission of stormwater applications to the City. The proposed ordinance designates the Departments of Planning and Public Works as staff liaisons to the board with Planning serving as the primary contact for the appeal process for private development. The ordinance states hearings for appeals will be scheduled within 60 days of receiving the written appeal application., establishes a $500 application fee, and the ordinance also establishes findings for which the board shall review appeals against. The second ordinance amends the Public Works Design Standards Manual appeal process. Currently, the manual allows for those denied a variance request to the stormwater requirements (Chapter 8) by either Planning or Public Works to be appealed to the Director of Public Works. This amendment changes the requirement to direct appeals to Public Works Design Standards, Chapter 8 variance decisions to the Stormwater Appeals Board. The Stormwater Appeals Board will only be permitted to hear appeals to decisions made by an Administrator relative to the Stormwater Management Ordinance or Public Works Design Standards Manual variance decisions ■ Considerations: The amendments set forth a more detailed process for appeals and which agency will process the appeal request. It also allows for the board to hear appeals to variance decisions of both the Stormwater Management Ordinance and Chapter 8 Stormwater Appeals Board Ordinance Amendments Page 2 of 2 of the Public Works Design Standards Manual pertaining to stormwater requirements. The changes to the make up of the board will allow for more independent review of appeals and will remove staff as voting board member. The proposed changes reflect discussions with the City Council Liaison. The proposed ordinance revisions were shared with the Coastal Virginia Building Industry Association (CVBIA). Comments from CVBIA were received and are attached. Recommendations: Staff recommends approval of the Ordinance revisions. • Attachments: Ordinance CVBIA comments Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department City Manager: k 1 2 AN ORDINANCE TO AMEND SECTIONS 1-3, AND 1-30 3 OF APPENDIX D, STORMWATER MANAGEMENT 4 PERTAINING TO THE STORMWATER APPEALS 5 BOARD 6 7 SECTIONS AMENDED: Appendix D, Stormwater 8 Management §§ 1-3 and 1-30 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Appendix D, Stormwater Management Ordinance Sections 1-3 and 1-30, of 14 the Code of the City of Virginia Beach, Virginia, are hereby amended to read as follows: 15 16 Sec. 1-3. - Definitions. 17 18 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia 19 Stormwater Management Regulations, as amended, which are expressly adopted and 20 incorporated herein by reference, the following words and terms used in this Ordinance 21 have the following meanings unless otherwise specified herein. Where definitions differ, 22 those incorporated herein shall have precedence. 23 24 . . . . 25 26 "Stormwater Appeals Board"is the appeal authority designated by City Council to 27 hear appeals from any permit applicant or permittee, or person subject to Ordinance 28 requirements, aggrieved by any action of the City taken in regard to the Ordinance 29 . The Stormwater Appeals Board shall be appointed by City 30 Council and shall consist of ' , 31 , 32 five (5) voting citizen members. Each will serve a 33 term of three (3) years with a maximum of two (2) consecutive terms. Three (3) of the 34 voting members shall have professional or educational experience in sciences, earth 35 science, soil science, natural resources, chemistry, or other commensurate professional 36 or educational background. Such members shall not be actively involved in the 37 submission of stormwater applications to the City of Virginia Beach. The city attorney or 38 his designee shall serve as legal counsel to the Stormwater Appeals Board and the 39 departments of public works and planning shall be staff to the Stormwater Appeals 40 Board. 41 42 . . . . 43 44 Sec. 1-30. - Hearings. 45 i 46 A. Any permit applicant or permiittee, or person subject to Ordinance requirements, 47 aggrieved by any action of the City taken in regard to the Ordinance without a 48 formal hearing, may demand in writing a formal hearing by the Stormwater Appeals 49 Board, who is designated by the City Council as its appeals body, provided an 50 application petition requesting such hearing is filed with the Adrilieictratef 51 Department of Planning and Community Development, Development Services 52 Center within thirty (30) days after written notice of such action is given by the 53 Administrator. An application is considered complete when all documentation, an 54 application and a five hundred (500)dollar fee have been received. 55 56 B. The hearings held under this Section shall be conducted by the Stormwater 57 Appeals Board at any time and place authorized by the Stormwater Appeals Board. 58 But an appeal hearing should be scheduled for a date within sixty (60) days of the 59 notice of appeal. 60 61 C. A verbatim record of the proceedings of such hearings shall be taken and filed with 62 the Stormwater Appeals Board. Depositions may be taken and read as in actions at 63 law. 64 65 D. The Stormwater Appeals Board, shall have the power to request the issuance of 66 issue subpoenas and subpoenas duces tecu , 67 . The failure of a witness without legal excuse to appear or to 68 testify or to produce documents shall be acted upon by the Stormwater Appeals 69 Board, whose action may include the procurement of an order of enforcement from 70 the circuit court. Witnesses who are subpoenaed shall receive the same fees and 71 reimbursement for mileage as in civil actions. 72 73 E. The standard of appeal shall be as listed in section 1-21, A and B, Variances, of this 74 Ordinance. The Board's authority is to determine whether the department (Public 75 Works or Planning) was correct in its granting or denial of a variance, or other 76 determination. The Board should examine the evidence presented to the 77 department and any additional relevant evidence that is presented. 78 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: Y44""\t 3Ci\ Department of Public Works City Attorney's Office 2 APPROVED AS TO CONTENT: Department of lanning CA15438 R-5 June 25, 2021 3 1 AN ORDINANCE TO AMEND SECTION 2 1.2 OF THE PUBLIC WORKS DESIGN 3 STANDARDS MANUAL PERTAINING 4 TO VARIANCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That Section 1.2 of the Public Works Design Standards Manual is hereby amended 10 and reordained to read as follows 11 12 1.2 Variances 13 14 1. The Director of Public Works or designee may authorize and approve, in specific 15 cases, such variances or waivers from strict application of the terms of these 16 design standards, as will not be contrary to serving the public interest, when a 17 literal enforcement will result in unnecessary hardships, provided that the intent of 18 the design standards will be observed. The following information and process will 19 be adhered to, in order to request variances. 20 21 a. General 22 23 i. All publicly owned and maintained infrastructure, whether City or Developer 24 built, shall adhere to these Design Standards, including any Special 25 Provisions or Amendments. 26 ii. The Department of Public Works provides an opportunity for the Developer 27 and/or design Engineer to request a variance from the Design Standards 28 where appropriate and justifiable to the individual situation. For consideration, 29 the design Engineer must submit the written variance request with complete 30 documentation and justification to the Public Works Project Manager or the 31 Development Service Center (DSC) Project Manager during plan review. 32 Variances after plan approval will not be considered. 33 iii. The Department of Public Works will consider each request on an individual 34 case-by-case basis. Thus, an approved variance of the Design Standards for 35 one project may not be applied to another project. The Department's divisions 36 of Engineering, Operations, and Business will, as appropriate, consider the 37 variance request and the potential impacts before approval or denial by the 38 Director of Public Works or designee. 39 iv. In the case of a City entity applying for a variance, for projects not involved 40 with the DSC review process, the request will be processed through Public 41 Works, not DSC. 42 43 b. Process 44 1 45 i. To request a variance during the design process, the Developer or design 46 Engineer must submit a letter to the Public Works Project Manager or the 47 Development Service Center(DSC) Project Manager with the following: 48 49 1) State and reference the section of the Design Standards for which the 50 variance is requested. 51 2) State the change to the Design Standards being sought. 52 3) Discuss the reason the variance is being requested. 53 4) Indicate any examples where a similar variance has been granted. 54 5) Discuss other alternatives to granting the variance or complying with the 55 Design Standards. 56 6) Include any calculations, model analysis results, drawings, or site plans, 57 supporting and explaining the request. 58 7) Discuss any costs considerations relating to the alternatives. 59 60 ii. The Public Works Project Manager or the DSC Project Manager will compile 61 the required information and provide a written recommendation with 62 concerns, comments and considerations regarding the request and forward 63 it to the Department of Public Works, Engineering Division, for processing 64 within Public Works. The review process within Public Works generally 65 requires 20 working days. 66 167 iii. In the case of denial of a variance, the applicant has the right to file an appeal. 68 All appeals shall be received made in writin; to the Administrator, who is 69 defined as the City Manager. or his designee(s) within 45-thirty (30) days of 70 denial to request a formal hearing by the Stormwater Appeals Board af,d 71 outlined in the Code of the City of Virginia Beach. 72 Virginia, Appendix D — Stormwater Management. Sec. 1-30. — Hearings. as 73 74 75 76 All requests for variances or waivers and documents relating thereto will be open 77 to the public for inspection in the Department of Public Works. 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: Department of Public Works City Atto ney's Office 2 APPROVED AS TO CONTENT: Department o Planning CA15439 R-2 June 2, 2021 3 From: Claudia Cotton<ccotton@cvbia.com> Sent:Wednesday,June 23,2021 10:33 AM To: Carrie L. Bookholt<CBookhol@vbgov.com>; Kaitlen S.Alcock<KAlcock@vbgov.com> Cc: Eric Keplinger,AIA, LEED AP<ekeplinger@meb.group>; Brad Martin<Brad@clarkdes.com>;Jeff Ainslie<jeffainslie@mac.com>; tuckbow@terrypeterson.com;Jeff Ainslie(ieffa@ainsliegroup.com) <jeffa@ainsliegroup.com>; Ricketts, Mark<mark.ricketts@aesva.com>; Rodman, Kenneth,Jr. <krodman@vhb.com>; Scott Acey<scott.acey@msaonline.com>;greg.hayes@msaonline.com; johna@ainsliegroup.com;Jon Ettel<jon@vbhomesliving.com>; Bob Deacon <bobdeacon@bishardhomes.com>;Jonathan Speight<ilsPbeachbuildinggroup.com> Subject: RE: Ordinance Amendments-Stormwater Appeals Board CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Carrie, I've compiled comments from our members and others. See attached. Once you and the City Attorney's office have reviewed, could you share any changes you make prior to this going forward? Thanks for the chance to review and comment. Best Regards, Claudia Claudia K. Cotton, CEO I Government Relations Coastal Virginia Building Industry Association 2117 Smith Avenue Chesapeake,Virginia 2332o www.cvbia.com 757-420-2434(office) 757-305-906i (direct) 757-472-0345 (mobile) Je‘..01`1111 • ;�1► =' DO BUSINESS WITH Coastal Virginia A C V B I A MEMBER Building Industry Association Learn more about saving$$with the NAHB Member Advantage Program by clicking this link: Pocket the SAVINGS NANB From:Carrie L. Bookholt<CBookhol@vbgov.com> Sent: Friday,June 11, 2021 1:23 PM To: Claudia Cotton<ccotton@cvbia.com> Cc: Kaitlen S.Alcock<KAlcock@vbgov.com> Subject:Ordinance Amendments-Stormwater Appeals Board Claudia— Attached are the proposed ordinances to amend the Stormwater Management Ordinance and the Public Works Design Standards Manual prepared the by City Attorney's Office. These Ordinances will likely be on an agenda for City Council in July. Once we know a date for sure,we'll let you know. Thank you, Carrie L. Bookholt, PLA Development Services Administrator City of Virginia Beach I Planning & Community Development 2875 Sabre Street,Suite 500, Virginia Beach,Virginia 23452 (Direct) 757.385.8707 I (Office) 757.385.4621 cbookhol@vbgov.com I www.vbgov.com/planning Planning& Community Sections 1-3 and 1-30 of Appendix D The Board makeup excludes the development community (or at least people "actively involved in the submission of stormwater applications"). We strongly recommend including a civil engineer with a background in site design/stormwater. Do the qualifications apply to only 3 of the members or all five? A. The timeline of "...within 30 days after notice of such action..."; lots of these issues are informal discussions, comment letters which get challenged, or telephone calls without an obvious "event" where the 30 day clock would start ticking. What exactly would be "..such action ... given by the Administrator"? B. "But should be scheduled within sixty (60) days of the notice of appeal" Is the Board meeting held, or is it just "scheduled" within 60 days? If an application for a hearing must be requested within 30 days of notice by the Administrator, why shouldn't the Board meet within 30 days? E. "The Board's authority is to determine whether the department (Public Works or Planning) was correct in its granting or denial of a variance..." Will the Board review every variance granted? Otherwise why would one appeal an approval? Is there an "application" template for a Board hearing? Have you developed guidelines for the Board (or the Planning / Public Works staff) to use to evaluate a request? Section 1.2 of Public Works Standards Design Manual 1.a.ii. "Variances after plan approval will not be considered" - Does this mean we have to go through a variance request process with the DSC or Public Works first, and only if denied do we THEN make application to the Stormwater Appeals Board? Also, there could possibly be a scenario where one gets a plan approved, so that you are assured the project can be built, secure the property and financing, and then go back for the variance or the appeal to redesign the inappropriate stormwater. 1.a.iii conflicts with 1.b.i.4). In reading Section 1.2, it seems like you have to apply for the variance, be denied, and then make an appeal to the Stormwater Appeals Board. Appendix D 1-30 A. allows a request for a hearing by the SAB to "aggrieved by any action of the City taken in regard to the Ordinance" - no variance application or denial required? This is confusing. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of General Obligation Public Improvement Bonds in the Maximum Amount of $110,000,000 to Fund Heretofore Authorized Public Improvements, and Providing for the Form, Details and Payment Thereof MEETING DATE: July 6, 2021 • Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in the maximum principal of $110,000,000. The bond sale is composed of portions of the 2015, 2016, 2017, and 2018 Charter Bond Authorizations previously approved by Council on May 12, 2015, May 10, 2016, May 9, 2017, and May 15, 2018, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for City and Schools capital projects and will fund future expenditures on some Schools projects. A preliminary project list totaling $110,000,000 is attached and is subject to change. Based on current market conditions, the City's financial advisors, Public Resources Advisory Group (PRAG), has recommended that this sale take place on August 4, 2021. •Considerations: The new money sale represents the City's annual general obligation bond sale. The City's bond counsel, Kutak Rock LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the bonds shall have a true interest cost not to exceed 3.0%. • Public Information: Public information will be handled through the normal Council agenda process. In addition, the resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. • Recommendation: Approval • Attachment: Resolution, Project List Recommended Action: Approval ,� Submitting Department/Agency: Finance Department��'" City Manager: ez(--- RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS IN THE MAXIMUM AMOUNT OF$110,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects,building and parks and recreation projects, $64,886,562 of which have been issued and sold, leaving an unsold balance of$4,013,438. The issuance of $74,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2016, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, and building and parks and recreation projects. Such authorized amount was subsequently reduced administratively to $70,800,000 to comply with certain requirements of the City Charter, $26,364,919 of which have been issued and sold, leaving an unsold balance of$44,435,081. The issuance of $69,272,406 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2017, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects,building and parks and recreation projects, $32,300,000 of which have been issued and sold, leaving an unsold balance of$36,972,406. The issuance of $72,208,245 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2018, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects,building and parks and recreation projects, $31,584,788 of which have been issued and sold, leaving an unsold balance of$40,623,457. The issuance of $71,009,710 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2019, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $5,676,843 of which have been issued and sold, leaving an unsold balance of$65,332,867. The issuance of $69,741,841 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2020, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $68,652,307 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2021, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of$110,000,000. The City Council has determined it is in the City's best interest to issue and sell up to $4,013,438 of the bonds authorized on May 12, 2015; up to $44,435,081 of the bonds authorized on May 10, 2016; up to $36,972,406 of the bonds authorized on May 9, 2017; up to $24,579,075 of the bonds authorized on May 15, 2018; none of the bonds authorized on May 14, 2019; none of the bonds authorized on May 12, 2020; and none of the bonds authorized on May 11, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of$110,000,000 (the "Bonds") . The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 12, 2015, May 10, 2016, May 9, 2017 and May 15, 2018. Proceeds of the Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds." The Bonds shall contain the series designation 2021 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 3.00% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after September 1, 2031 at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than September 1, 2022, and ending no later than September 1, 2 2041. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a)the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii)to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2)notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4)references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall 3 not mean the beneficial owners of the Bonds, and (5)in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than September 1, 2031 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a)the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 4 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the"Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and 5 powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of the Official Notice of Sale, which form is attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which form is approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 6 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the"Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 and as amended from time to time will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to 7 execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The City Manager or his designee is authorized to transfer funds to the City of Virginia Beach Public Schools for projects to be reimbursed from proceeds of the Bonds, and any funds previously transferred for such purpose is hereby ratified, confirmed and shall be reimbursed from proceeds of the Bonds. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. Exhibit A—Form of Bond 8 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof,Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2021A INTEREST RATE MATURITY DATE DATED DATE CUSIP , 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and ,beginning , 20_, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal,premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2021A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 12, 2015, May 10, 2016, May 9, 2017 and May 15, 2018., and are being issued pursuant to a resolution adopted by the City Council on July _, 2021 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before , 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after , 20_, are subject to redemption prior to maturity at the option of the City on or after , 20_ in whole or in part at any time (in any multiple of$5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [The Bonds maturing on , 20_, are required to be redeemed in part before maturity by the City on , 20 ,in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on _ _, 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of,premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor NOTICE: The signature above must Institution such as a Commercial Bank, Trust correspond with the name of the registered Company, Securities Broker/Dealer, Credit owner as it appears on the front of this bond in Union or Savings Association who is a every particular, without alteration or member of a medallion program approved by enlargement or any change whatsoever. The Securities Transfer Association, Inc. A-4 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of July, 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: inance Department ity orney's ce CA 15486 R-1 June 24, 2021 City of Virginia Beach,Virginia 2021A General Obligation Bond Sale-$110 million Preliminary Project List* City Expenditures 2/4/2020-6/24/2021 and School Expenditures 7/1/20- 6/24/21 and Future Needs Project Project Number&Name Expenditures Total Amount Roadways 100318 PRINCESS ANNE PHASE VII 7,193,925 100355 SANDBRIDGE ROAD BRIDGE REPLACMENT 3,392,079 100401 STREET RECONSTRUCTION-PHASE II 4,855,792 100492 WITCHDUCK ROAD-PHASE II 8,471,029 TOTAL ROADWAYS $ 23,912,825 Building&Assets 100291 OPERATIONS FACILITIES RENOVATIONS 7,156,882 100445 VARIOUS BUILDINGS-HVAC REHAB&RENEWAL -PHASE IV 3,260,833 100446 VARIOUS BUILDINGS-REHAB& RENEWAL -PHASE IV 1,320,710 TOTAL BUILDING&ASSETS 11,738,425 TOTAL GENERAL GOVERNMENT 35,651,250 Schools 601002 TENNIS COURT RENOVATIONS II 425,320 601005 JOHN B DEY ES MODERNIZATION 828,926 601006 THOROUGHGOOD ES REPLACEMENT 1,591,617 601007 PRINCESS ANNE MS REPLACEMENT 20,358,443 601010 RENOV&REPLACE-GROUNDS PHASE II 3,000,100 601013 RENOV& REPLACE-REROOFING PHASE II 183,610 601017 RENOV&REPLACE-GROUND PH III 7,610,276 601018 RENOV&REPLACE-HVAC PH III 11,385,112 601019 RENOV&REPLACE-REROOFING PH III 11,882,766 601020 RENOV&REPLACE-VARIOUS PH III 9,843,087 601021 PLAZA ANNEX-LASKIN ROAD ADDITION 6,734,579 601027 RENOVATIONS AND REPLACEMENT—SAFE SCHOOLS IMPROVEMENTS 504,914 TOTAL SCHOOLS' 74,348,750 TOTAL PROJECT FUNDS2 $ 110,000,000 * Preliminary and subject to change 1 Includes$37,250,000 in projected future spending on School projects that will be sent to State Non-Arbitrage Program(SNAP) in a new SNAP account. 2 Of the Total Project Funds proceeds,$72,750,000 is reimbursement for prior expenditures. Source:City of Virginia Beach, Department of Finance u. w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Pike Inlet located at the rear of 2721 Bluebill Drive MEETING DATE: July 6, 2021 • Background: Geoffrey A. and Pamela M. Fout (the "Applicants") have requested permission to construct and maintain an 8' x 20' floating pier and 3 pilings (the "Encroachments") into City-owned property known as Pike Inlet (GPIN: 2416-16- 9348) located at the rear of 2721 Bluebill Drive (GPIN: 2433-26-3666). • Considerations: City Staff has reviewed the Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Pike Inlet, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 4? City Manager: k __ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS PIKE INLET 7 LOCATED AT THE REAR OF 2721 8 BLUEBILL DRIVE 9 10 WHEREAS, Geoffrey A. Fout and Pamela M. Fout (the "Fouts") have 11 requested permission to construct and maintain an 8' x 20' floating pier and 3 pilings (the 12 "Encroachments")within a portion of the City's property known as Pike Inlet (GPIN: 2433- 13 16-9348) located adjacent to their property at 2721 Bluebill Drive (GPIN: 2433-26-3666); 14 and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Fouts, their heirs, assigns 25 and successors in title are authorized to construct and maintain an 8' x 20' floating pier 26 and 3 pilings in the City's property as shown on the map entitled: "EXHIBIT `A' 27 ENCROACHMENT SHOWING PROPOSED FLOATING PIER AND PILINGS FOR 28 GEOFFREY & PAMELA FOUT 2721 BLUEBILL DRIVE SANDBRIDGE SHORES 29 NORTH AREA SECTION 1-A LOT 48A MAP BOOK 192, PAGES 29-30," dated April 2, 30 2021 , having a Scale of 1" = 30', and prepared by Clark Design Group, a copy of which 31 is attached hereto as Exhibit `A' and on file in the Department of Public Works and to 32 which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly 35 subject to those terms, conditions and criteria contained in the agreement between the 36 City of Virginia Beach and the Fouts (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of 38 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Fouts and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: W B IC WO REAL ESTATE ARMEYER SENIOR CITY ATTORNEY CA15206 R-1 Prepared: 05/19/21 c:\users\ccvaughan\desktop\on hold\fout-2721 bluebill dr gpin 2433-26-3666 file no 6015\city council final\00732196.docx i 1 FOUT ENCROACHMENT EXHIBIT — n/f city of Virginia Beach I 0 30 60 i gpin: 2433 16 9348 IMIIIIIIIIMII '�z M.B. 103 P. 24 ^m w m \ of 1"= 30' This site plan is based on plat recorded in ` ° 1 PROPOSED ENCROACHMENT (CVB)M.B.192.Pgs.29-30 and was PIKE INLET 1 FLOATING PIER PILING = 7.5' prepared without the benefit of a title search. FLOATING PIER = 6.2' ENCROACHMENT AREA = 126sf O SHADED AREA REPRESENTS in 0:10. PROPOSED ENCROACHMENT IN CITY OF VIRGINIA BEACH "�a °� it PARCEL(GPIN:2433 16 9348) c.?N.o N ;' I PROPOSED 8'x20' z o a �x FLOATING PIER lipe.,,z? Q>r.. o =ov; � � 0 1. 40I.I; .. �i� .p cCNN7. ��i- -, � .�: 17N'� 5 N3'24'45 E iitIo �I II L— 9NBREE� LH6AB- 1N a- z. ��1�� \ N 10"48'00"W N �4$;j;#��,1•1 \ 60.00' ` Ocu o / I I °� o ain0 • o, I�.n.� ��%i '', I ,CONCRETE Lc) N co It �♦•♦j♦•v -0%'%4 PATIO n kftStA PAVER I 3-STORY FRAME I \ . o r��`4t A7104vies. I #2721 BLUEBILL I \\\ o oN N�E ��%iiii \ a N•-- o • I�� POOL AN \\ . o, _ Q a Ii, �i�j� • \\ \ so 5'DRAINAGE AND ��I ,4, �� \\ m c UTILITY EASEMENT--\ '-.:.s$Cy�,ij�j•1 r 1 \ M.B.192 P.29-30 i ��'♦, °• 'CONCRETE ° I SHED I \\ \n \ I I \\ \, I j n/f geoffrey alfred & pamelo l michelle fout �GP`L � �P I � / 2721 bluebill drive l gpin: 2433-26-3666 0 I deed i.n. 20200924000898580 / \` C Iplat m.b. 192 P29 ; Z \ > _ l s10.46'0oE 175.05' BRAD MARTIN` IPF ---99.95'TO TUNA LANE N0732-9' EXHIBIT 'A'- ENCROACHMENT BLUEBILL DRIVE q 04/02/202 I SHOWING PROPOSED 50' RIGHT-OF-WAY �'o,�� GEC" M.B. 78 P.50 SS/ONAL EN FLOATING PIER AND PILINGS FOR GEOFFREY& PAMELA FOUT CLARK DG s p 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 1 OF 3 (757) 622 - 3900 ` DATE: 04 / 02 / 2021 www . ClarkDes . corn FOUT ENCROACHMENT EXHIBIT - 0 10 20 1" = 10' I � PROPOSED 8'x20' FLOATING PIER I m PIKE INLET g J 0 J I 1 Ic< O O O c 20.0' ° 20.0' Va CONCRETE BULKHEAD , a a �\ 41111 IF --� Zt- VA,"a jI- a a \\ Q A\ VV. 4\ seses,s�,"4", SECOND STORY DECK \\ �I�I�I�I�I�I�I \ %IIsII0••s \r d \ ��; a a ssI0% FIRST STORY DECK .� \q sI�I�I�I�I� �I�I�I�I�I� 0.4.4.40.s r S1 OF _ 7 IIIII• %S%% I 3-STORY FRAME �O� i6 f IIIII IIIII ",s,. #2721 BL.UEBILL / / / L IIIII I O IIIII _ I�I�I�I�I� � %%%% I BRAD Nf A'TIN D ssI�IssIssI�I� Lic. N o 13.999 sI�IsIsI�I� EXHIBIT 'A'- ENCROACHMENT 04 i 02/ '•2 I �e- SHOWING PROPOSED p� ss/ANAL ENG\�� FLOATING PIER AND PILINGS FOR GEOFFR1 BLUEBAM ILL ROUT CL/ } I_( Pesign E Go SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 2OF 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn J i FOUT ENCROACHMENT EXHIBIT - 0 4 8 EXISTING SECOND STORY DECK IMMMIMMII k 1/4"= 1' (3)8"DIAMETER WOOD"GUIDE" PILINGS 8'O.C.-LENGTH TO BE MINIMUM 16';CONTRACTOR TO SELECT ACTUAL LENGTH EXISTING NG PILINGPILE HOOP GUIDE,2"SCHEDULE 40 HDG W/2"DIAMETER POLYETHYLENE ROLLER(TYP) PRE-MANUFACTURED h, FLOATING PIER 7.5'CITY ENCROACHMENT 6.2'CITY 5/8"DIAMETER EXISTING ENCROACHMENT It/ BOLT AND NUT CONCRETE 8BULKHEAD (TYPICAL) ' ` I I MHW +1.50'1.50' 1 . — . . — . . — . . BUOYANCY FLOAT(TYP) MLW —1.30' MUDLINE A ,,' y\' 2"x8"HEADERS EACH SIDE,ATTACHED • !i TO PILES,SPACED TRANSVERSELY i \ BETWEEN BUOYANCY FLOATS DRIVE PILING TO MIN.50% P' PENETRATION � p,LT H O,� °��e 4 Z / 0 o// i z BRAD MARTIN D Lic. No. 32999 04/02/2021 EXHIBIT 'A'- ENCROACHMENT �p (o4, SHOWING PROPOSED A, 1/4,„ L ENG\� FLOATING PIER AND PILINGS FOR GEOFFREY& PAMELA FOUT esign CLARK Group 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 30F 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 1 I day of Mt , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEOFFREY ALFRED FOUT and PAMELA MICHELLE FOUT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "48A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS NO. 47 & 48 TO FORM NEW LOTS NO. 47A & 48A SANDBRIDGE SHORES PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", dated May 15, 1988, having a Scale of 1" = 40', and prepared by Freeman and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 192, at page 29, and being further designated, known, and described as 2721 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a floating pier and pilings, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-16-9348 (Pike Inlet - CITY PROPERTY) GPIN: 2433-26-3666 (2721 BLUEBILL DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Pike Inlet, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT SHOWING PROPOSED FLOATING PIER AND PILINGS FOR GEOFFREY & PAMELA FOUT 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA SECTION 1-A LOT 48A MAP BOOK 192, PAGES 29-30", dated April 2, 2021, having a Scale of 1" = 30', and prepared by Clark Design Group, a copy of which is attached hereto as Exhibit 'A' and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Geoffrey Alfred Fout and Pamela Michelle Fout, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Y1 • XIAr GEOFFRE A RED FOUT, Owner PaW\,thk_ PCJ Cka/21\OAFC PAMELA MICHELLE FOUT, Owner STATE OF VIRGINIA CITY/COUNTY OF /�j�/9j� ,/4� -wit: The foregoing instrument was acknowledged before me this // day of 71� , 2021, by Geoffrey Alfred Fout and Pa2a .iLut. (SEAL) Notary Public CHARLA ANN CASTKA Notary Registration Number: 3 /j S—"`�/ NOTARY PUBLIC My Commission Expires:Fee -2 �,?y MY COMMISSION EXPIRES FEB.29,2024 COMMISSION#7195571 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: b)4G:)_.u.,n), NATURE R SEN R CITY ATTORNEY DEPARTMENT 7 / 1 FOUT ENCROACHMENT EXHIBIT m n/f city of Virginia Beach i 0 30 60 i gpin: 2433 16 9348 z M.B. 103 P. 24 ' m • ♦ m w (,) ` of 1" = 30' This site plan is based on plat recorded in ` 0 1 PROPOSED ENCROACHMENT (CV8)M.B. 192.Pgs.29-30 and was PIKE INLET I I FLOATING PIER PILING = 7.5' prepared without the benefit of a title search. \ ( FLOATING PIER = 6.2' ENCROACHMENT AREA = 126sf O SHADED AREA REPRESENTS co l;..l. PROPOSED ENCROACHMENT IN rn :�-, u0 CITY OF VIRGINIA BEACH �0, n v C:' PARCEL(GPIN:2433 16 9348) iN 00 ty,- PROPOSED 8'x20' o a �, , FLOATING PIER � � �N^oN �•• x PI.� IS i•e e e rek- -Q:::1,.. "Lee.. Aff A, pu)NN 11• �• `4.s- " tu- • CO f.i�N3. ' Nili lI _-eetERETF•$9LKH64,9-----:\'' `'NaQ 14.04' �iS.-f C O�� • tb �44444 60.00' O Q I�I�I�I�I�� . co 0)O � � I I �\ o ��O • \ \ O Q ,..;.•-. �`� —J I ,COP R b•-z N co ro i♦o♦i♦iti -AVER 3-STORY FRAME N o y , I #2721 BLUEBILL I \ o<r o NOV r�I I�I�I�i \ \ O O N N N E o �i i�i POOL i� o, o, 5'DRAINAGE AND ?� I y ail • _ \ m UTILITY EASEMENT-1 ��:v...444 •, • 1 \\ /M.B. 192 P.29-30 \ / �:%�0 CONCRETE I SHEDI \\ 1t DRIVE • * \ / I \\ \'_ I I j , n/f geoffrey a/fred & pamelo N I michelle foul ��i\L- (' •F 1 2721 bluebil/ drive • • gpin: 2433 26-3666 �� ! deed i.n. 20200924000898580 ` O plat m.b. 192 P29 O / j / Z • • I \ D ii I _ slo4aooE_ 175.05' BRAD MARTIN\ I P F -—- 99.95'TO TUNA LANE LiL. No 3Z9 BLUEBILL DRIVE -3 04/02/202142- EXHIBIT 'A'- ENCROACHMENT 50' RIGHT-OF-WAY lb 4`` SHOWING PROPOSED M.B. 78 P.50 �6'SS/pNAL LNG FLOATING PIER AND PILINGS FOR GEOFFREY & PAMELA FOUT C LA R K esigp 2721 BLUEBILL DRIVE I Group SANDBRIDGE SHORES NORTH AREA _.. SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 1 OF 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn J C FOUT ENCROACHMENT EXHIBIT m 0 10 20 1 = 10' I I PROPOSED 8'x20' FLOATING PIER I Im m W PIKE INLET g J 0 J i '''''--- I I 0 0 0 I i T C N i _ th 20.0' _`D 20 0' _ low alf Z:'`-4- '1 CONCRETE BULKHEAD ° ° �� 4 d A 4\?tAAAA?k; SECOND STORY DECK \• \ ,,,,,,,,,,, ° A a iiiii 40,0�i� FIRST STORY DECK a �\ iiiii .....140$10,4040 s ;ii;% I 3-STORY FRAME �04 iiiii i•i,•OA ' #2721 BLUEBILL o/ / / -j ►Vre'1*1 I% BRAD FfA'TIN > •%••••,,, J Osik••••10% Lic. No13 999 EXHIBIT 'A' - ENCROACHMENT 04 i 02 i '•2 I 4- SHOWING PROPOSED �p� ss/ANAL �NG\�� FLOATING PIER AND PILINGS FOR GEOFFREY & PAMELA FOUT C LARK Group 2721 BLUEBILL DRIVE SANDBRIDGE SHORES NORTH AREA _ SECTION 1-A LOT 48A 824 West 21st Street MAP BOOK 192, PAGES 29-30 Norfolk, Virginia 23517 ZONING: R-15 PAGE 20F 3 (757) 622 - 3900 DATE: 04 / 02 / 2021 www . ClarkDes . corn FOUT ENCROACHMENT EXHIBIT 6 0 4 EX/S77NG SECOND 1/4"= 1' STORY DECK § (3)8"DIAMETER WOOD"GUIDE" �� PILINGS 8'O.C•-LENGTH TO BE MINIMUMSELECT ACTUAL LENGTH EXISTING PILE HOOP GUIDE,2"SCHEDULE PILING POLYETHYLENE ROLDLERETER(TYP I PRE-MA FACTURED it OATING PIER 7.5'CITY ENCROACHMENT 5/8"DIAMETER 6.2'CITY , BOLT AND NUT LI-ENCROACHMENT (TYPICAL) EXISTING 81. CONCRETE MHyy +1.50' BULKHEAD -_111111111111 I: . _-- . . __moos ___� BUOYANCY MLW 1.3D� FLOAT(TYP) . — • • i RM'G�UDUNE r'N v- 2"x8"HEADERS EACH SIDE,ATTACHED TO PILES,SPACED TRANSVERSELY \ DRIVE PILING TO I AI BETWEEN BUOYANCY FLOATS MIN.50% PENETRATION ,Pl"T H op O I 1 2 o v BRAD MARTIN Lic. No. 32999 04 1 02/202I �q- EXHIBIT 'A'- ENCROACHMENT o� 44, fiSS/ONAt 0G \ SHOWING PROPOSED FLOATING PIER AND PILINGS i Degn FOR - CLA1K1 Group n GEOFFREY &PAMELA FOUT 2721 BLUEBILL DRIVE ' '82'4 'West 21st Street Norfolk,Virginia 23517 SANDBRIDGE N 1 AELOO 8A AREA (757) 622 - 3900 SECTION 1-A MAP BOOK 192, PAGES 29-30 www . ClarkDes . corn ZONING: R-15 PAGE200, 3 DATE: 04 / GEOFFREY FOUT ENCROACHMENT APPLICATION VIEW LOOKING WEST SHOWING BOATHOUSES AND BOATLIFTS THAT ALSO ENCROACH I.... - _,..b,0*- -,-„,... .,... . ti 4 a ,• 1 4{{ s '_ ,- ' - - _ i:'"..4.11- X. fl It 7 - ins. y i r ri 'V,' • ! / - y '�• VIEW LOOKING SOUTH SHOWING PROJECT AREA T ',_F.. . : .1 I - . GEOFFREY FOUT ENCROACHMENT APPLICATION VIEW LOOKING NORTH SHOWING THE PROJECT AREA AND SIMILAR BOATHOUSE AND BOATLIFT 'ii . 9 Are r-r • J' - 1 Iliklhit 1 ' illi. . ..... .__ - A 1 • I CITY OF VIRGINIA BEACH MAPPING elflot ,,1 oti, •ice �, _s.. i 0111*".*X.IL, v. k.. VI''''\- - - ' Arl it *1 rx annniouav0404t 16 , . : \ ........,. 4001,::k All INV P4'. 0_ . .,'''' Iti, Wr iiiie , * . . ..... • #x VOnn:OUSE N 4S- 99W� E o O . U \ m" SITE EP� GRE \ \ o S 1 1a 010 ` m 13l 2433-26-3666 \4 . <--"- -\` /' vNP14 7 LOCATION MAP / --- ENCROACHMENT REQUEST FOR GEOFFREY ALFRED & i, PAMELA MICHELLE FOUT Legend 2721 BLUEBILL DRIVE City Properties GPIN 2433-26-3666 \ \ Feet D2433-26-3666 \ 0 50 100 200 la: - . r s _ .....p:-. . •, ,11,,,,,,,,„ \ . (.1) . * • , ..-- ilk 'S• .111L..._ , GI e , .,- '10 A- .-- ,,, 0.- s ..... -- 13 le . . ,,,d; \ • < 13 2433-26-3666 ....-. . . . -\\• .7 -410101\ "r\ _- ____ y ,. __ ,. . , ..,,, '''.',..' ,,...). -00' \ 1 II0-‘4 tilk. r , . ..,... . . , # . LOTION MAP 4 4 .0. ,,..., ENCROACHMENT REQUEST FOR GEOFFREY ALFRED & -, ' PAMELA MICHELLE FOUT . . Legend - -\ 2721 BLUE BILL DRIVE Feet City Properties , , . _ 01 2433-26-3666 Illihilkil - .. ---' ,, GPIN 2433-26-3666 . , 0 50 100 200 Disclosure Statement ~. arF as t'vii ftti'% is t c)i iri ulri:;t Notwordr- 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 G Y-e / , f (, / I F14/ Does the applicant have a representative? LSG Yes 0 No • If yes,list the name of the representative. C e lyin 1"-ki7D Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes EON o • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement NB ., t L s ,,:che.ari - - ' _ .,'_ '' Planning & Community ' j €s1`f`}o)1;I eT'it Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea 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 an financing in connection with the subject of the application or any business operating or to be operated on the property? 1 Yes ❑ No • If yes,identify the financial institutions providing t service. r i; fl f L iti ` L V/irter‘ !r(71 — — 2. Does the appli nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided_ in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes WJ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land pla er provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. f t fl,f_ 5. Is there any other pending or proposed purc aser of the subject property? 0 Yes 'No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 j P a g e Disclosure Statement1013 'laDf 51,' t+. COMIn{iititV , N A lopment 8. Is the Owner receiving legal services in co ection 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 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. __�_ P....____ _ _ Owner Signa re 4, rif v,7--- ,_, -\--:)r A The I q r-o"Li i Print Name and Title J 0.- 6 .-� / -al _ 6 - I -� Date cf Revised 11.09.2020 7 I P age t Disclosure Stateme 6. Does the applicant have a construction contract 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,/agg t in connection with the subject of the application or any business operating or to be operated on the property?Ltf'Yes 0 No • If yes,identify the firm and individual providing the service. ( /a r,-• Pe 5:c:,,,,,k r v -) 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 E 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. __Xx.er _____ CAZY121eL — Applicant at e 6e lT � r _ ire V, — _--VC1 OA . l q f `0 L{ r. Print Name and Title — i t' — ) 1__ i 4 _- 81 4_— _ Date j y- Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date Signature I I Print Name Revised 11.09.2020 3 I P a g e x � 1. Disclosure Statement )evelopni£*nt • Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement k-.r<r,� ) t 4b t�A,'&�. ,� .k, ,s 't°✓+S a"� ,- .ap. .0, {61 a ° T } i`r S • ,t taw, try et-y^��pt 3}{{ `t 'T•",tlTY f 5 K F.ry* 6X 1� !! ~w ,. s..y �= 7taw), ing& :tiata tirnt . ikveloinntlit Owner Disclosure Owner Name G-e t, 11. tf „ T PQAAP---(241. Applicant Name G e i`c-F t,. A_ / -V r Vol yN1-f 1 c !Q L4 Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes Lti NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 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 Be have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise 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 51 P a g e Disclosure Statement lanl1Jfg& Cot nttttlit Development 8. Is the Owner receiving legal services in co ection 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 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. ' t ?CUTI.X--/ cA c4-(3-- Owner Signa re ei T‘itt , Fit. v _ rGin'i e1ci FoL l- .— Print Name and Title a� Date Revised I1.09.2020 7 I P a g e aft". 'r Y4 y, C ketti k CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Appropriate $762,600 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: July 6, 2021 • Background: The Virginia Beach Police Department requests that the City Council approve the use of $762,600 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2021-2022 Operating Budget: • Digital Evidence Examiner— $200,000 The digital evidence examiner is needed to assist the Police Special Investigations and Detective Bureaus in the retrieval of evidence from locked devices and smartphones that are subject to a lawfully issued search warrant. Devices are increasingly complex, and the special software is required for comprehensive and thorough investigations. This technology would expand in- house forensic capabilities, which would be a contrast to current operating practices, wherein the Police Department must solicit external partners who are willing to accommodate investigative needs. • Private Helicopter Pilot Training — $162,600 The Police Department presently suffers from a lapse of trained pilots, and this gap must be addressed immediately. Under current policy, the City's in-house certification model takes almost three years for a pilot to become fully trained. Using private training would condense this timeframe to four months. Private helicopter certification is needed for two pilots, and Certified Flight Instructor training is required for one pilot. • SWAT Special Mission Vehicle — $400,000 The City's current SWAT armored rescue vehicle, which is used in high-risk situations, dates to 2005 and now exceeds the manufacturer's recommended life cycle. Repair of components of the vehicle are no longer cost effective. Presently, the vehicle requires the complete replacement of its air conditioning unit and upgrades and enhancements for various external protection items. Thus, the City Garage has endorsed the purchase of a new vehicle. The estimated time needed for the vehicle to be built and delivered is 12 to 18 months. • Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. The aforementioned items were not funded in the adopted FY 2021-22 City budget. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: / 1 AN ORDINANCE TO APPROPRIATE $762,600 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $762,600 is hereby appropriated from the fund balance of the Police Federal & 10 State Seized Assets Special Revenue Fund, with revenues increased accordingly, to the 11 FY 2021-22 Police Department Operating Budget for the purchase of police equipment 12 and training services. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dget and nagement Services City Attome s Office CA15482 R-1 June 24, 2021 0 4il 4U 5•) J •-Lv +% CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Parks and Recreation for Continued Financial Empowerment Programs in the Summer Youth Employment Program MEETING DATE: July 6, 2021 • Background: The Parks and Recreation Department Youth Opportunity Office (YOO) leads the eight-week long Summer Youth Employment Program (SYEP). The SYEP has been providing summer employment opportunities for young people for more than eight years. Throughout that time, the YOO has placed an emphasis on the financial empowerment of participants in the program. Participants in the SYEP take part in a week-long training that provides several financial education components. The YOO has completed the Summer Jobs Connect-Expansion Cohort — Part I and Part II. The two-part program provided technical assistance, a site visit from Cities for Financial Empowerment (CFE) Staff, and Participation in the CFE Fund's National SJC Learning Community. While the traditional SYEP was cancelled for the summer of 2020 due to COVID-19, this grant allowed the Department of Parks and Recreation's YOO to offer virtual financial empowerment classes to program participants in the Fall of 2020. • Considerations: The Department was recently notified that the CFE wishes to provide an additional $20,000 to the YOO. This funding will allow the YOO to continue providing banking access and financial empowerment training to participants in the SYEP through April 30, 2022. Accepting the grant will allow the YOO staff to enhance financial initiatives for youth participants and implement them for the 2021 SYEP. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: /(; 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR CONTINUED FINANCIAL 4 EMPOWERMENT PROGRAMS IN THE SUMMER 5 YOUTH EMPLOYMENT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $20,000 is hereby accepted from Cities for Financial Empowerment and 11 appropriated, with revenue increased accordingly, to the FY 2021-22 Operating Budget 12 of the Department of Parks and Recreation for financial empowerment training and 13 banking access to participants in the Summer Youth Employment Program through April 14 30, 2022. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / Budget & Management Services City'? toy's Office CA15483 R-1 June 24, 2021 I ^oiNw IS *rt1 }u: S4!4S1. y k %Z is / 1 CITY OF VIRGINIA BEACH AGENDA ITEM -I ITEM: An Ordinance to Accept and Appropriate $57,000 for Work Performed through the Hampton Roads Human Trafficking Task Force and Authorize the Police Chief to Execute a Memorandum of Understanding with the Office of the Attorney General MEETING DATE: July 6, 2021 • Background: The United States Department of Justice's Office of Victim Crime awarded $525,352 to the Virginia Office of the Attorney General (OAG) as part of the federal FY 2020 Enhanced Collaborative Model to Combat Human Trafficking Competitive Solicitation. In turn, the OAG has issued sub-awards to local law enforcement departments throughout the Commonwealth. The OAG has approved the Virginia Beach Police Department as a sub-recipient for a minimum of $15,000 of this funding to support the City's efforts through the Hampton Roads Human Trafficking Task Force. The award does not come with a maximum, and the grant period is from October 1, 2021 through September 30, 2023. These funds will be used for overtime and training expenses associated with supporting efforts to defend against and eliminate human trafficking in Virginia Beach. • Considerations: Funds provided through this grant are based upon actual hours worked. Since there is no predetermined award ceiling, the Virginia Beach Police Department estimates grant funding to be approximately $57,000 based on the last allocation and the amount submitted for reimbursement received by the City. Additionally, OAG requires a memorandum of understanding with the Police Department to address reporting of overtime hours and other matters of coordination. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance; Memorandum of Understanding Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 4/6 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $57,000 2 FOR WORK PERFORMED THROUGH THE HAMPTON 3 ROADS HUMAN TRAFFICKING TASK FORCE AND 4 AUTHORIZE THE POLICE CHIEF TO EXECUTE A 5 MEMORANDUM OF UNDERSTANDING WITH THE OFFICE 6 OF THE ATTORNEY GENERAL 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1 . $57,000 from the United States Department of Justice, via Virginia Office of the 12 Attorney General, is hereby accepted and appropriated, with federal revenue 13 increased accordingly, to the FY 2021-22 Police Department Operating Budget for 14 overtime and training to enhance efforts to address human trafficking through the 15 Hampton Roads Human Trafficking Task Force. 16 17 2. The Virginia Beach Chief of Police is hereby authorized to execute a memorandum 18 of understanding with the Virginia Office of the Attorney General in furtherance of 19 the Hampton Roads Human Trafficking Task Force and other efforts to address 20 human trafficking provided such memorandum of understanding is approved as to 21 form by the City Attorney or designee. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: et a Mara intY Services Cit for 's Office g g CA15481 R-1 June 23, 2021 1 Memorandum of Understanding Commonwealth Of Virginia, Office of The Attorney General And Virginia Beach Police Department This MEMORANDUM OF UNDERSTANDING ("MOU") is made this 27`h day of May, 2021, by and between the COMMONWEALTH OF VIRGINIA, OFFICE OF THE ATTORNEY GENERAL ("Commonwealth" or "OAG") and the VIRGINIA BEACH POLICE DEPARTMENT ("Division"). PURPOSE: This MOU sets out the terms of an understanding between the OAG and the Division for the use of federal grant funds to help provide supplemental financial support for the Division's work on the HAMPTON ROADS HUMAN TRAFFICKING TASK FORCE(HRHTTF). The OAG will provide a minimum of$15,000 for the life of the grant in a combination of federal grant funds and OAG match funds to the Division to execute its responsibilities under the U.S. Department of Justice(DOJ),Office for Victims of Crime(OVC)grant under the FY 2020 Enhanced Collaborative Model to Combat Human Trafficking Competitive Solicitation. 1. TIME FRAME. The grant received by the OAG has a project period of October 1, 2020 through September 30, 2023. 2. BACKGROUND: On or October 1, 2020 the U.S. Department of Justice (DOJ), Office of Victims of Crime (OVC) awarded the Office of the Attorney General (OAG) a grant under the FY 2020 Enhanced Collaborative Model to Combat Human Trafficking Competitive Solicitation, also known as HRHTTF. This program furthers OVC's mission to support the development and enhancement of multidisciplinary human trafficking task forces that implement collaborative approaches to combating all forms of human trafficking within the United States-sex trafficking and labor trafficking-of foreign nationals and a. U.S. citizens(of all genders and ages). b. The grant is $700,469 with $525,352 coming from OVC and $175,118 in match funds coming from the OAG. These funds are budgeted and approved by the Office of Victims of Crime and the OAG. 3. PROGRAM DESCRIPTION AND LOCATION: The HRHTTF will allow us to conduct proactive long-term investigations of labor and sex trafficking in Hampton Roads, using victim centered and intelligence-led investigations to focus resources on criminal activities most likely to be linked to trafficking and provide a victim-centered approach to investigations and prosecutions from the inception of law enforcement contact. 4.COOPERATION WITH OAG. The Division will work directly with the OAG HRHTTF Coordinator to ensure that the purposes of this MOU are fulfilled.The Division will cooperate fully with the HRHTTF Coordinator, including facilitating on-site meetings between the OAG and Division personnel (Finance/Administration) to reimburse goods and/or services 2 provided under the MOU. The Division will also be available at least once a year to be sub- recipient monitored by the OAG. 5. REPORTING REQUIREMENTS: The Division will be required to submit to the HRHTTF Coordinator quarterly progress reports and a cumulative final progress report. The HRHTTF Coordinator has a reporting form created for OVC grant reporting requirements for the Division to fill out and return quarterly. 6. The federal grant quarters and their associated report due dates are as follows: Quarter Time Period Due Date Quarter 1 October 1-December 31 January 15 Quarter 2 January 1-March 31 April 15 Quarter 3 April 1-June 30 July 15 Quarter 4 July 1- September 30 October 15 a) The Division shall submit to the HRHTTF Coordinator quarterly progress reports prior to the report due dates listed above. b) The reports shall also contain the signature of the person compiling the data. c) The Division shall submit a cumulative final report prior to September 30,2023.At least two weeks prior to this date, the Division shall present a preliminary draft of the final report to the HRHTTF Coordinator. The final report shall include the information required in quarterly progress reports. 7. PAYMENT. This is a reimbursement grant. The OAG will reimburse the Division within 30 days of receipt of a proper invoice. Invoices for goods and/or services shall be submitted by the Division and shall correlate to specific items in the budget. Where applicable, original receipts for goods and/or services shall be attached to the invoice. In the case of overtime, the time sheets should report the employee's time, and actual hours worked on the award project. Purchases must be reasonable charges against the subgrant funds, be in compliance with the specific terms of the subgrant and will be reimbursed at the budgeted amount or the actual cost,whichever is lower. a) The OAG reserves the right to not reimburse items not specifically outlined in the grant and for which it is determined that the good or service was not reasonably required under the grant.If there is a question on the part of the Division as to the appropriateness of the purchase, approval must be sought from the OAG and/or OVC prior to the purchase being made. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the OAG shall promptly notify the City,in writing,as to those charges which it considers unreasonable and the basis for the determination. 8. RECORDKEEPING AND AUDITS: The Division shall retain all books,records, and other documents relative to expenditures permitted by this MOU in accordance with record 3 retention policy and/or Federal and State Auditing Guidelines. The OAG, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials for the purposes of a scheduled sub-recipient monitoring visit. 9. PREVAILING LAW: This MOU shall be construed, interpreted, and enforced according to the laws of the Commonwealth of Virginia. 10. MODIFICATIONS: Any amendments to or modifications of this MOU must be in writing and signed by the parties. 11. ADDITIONAL TERMS. The Division agrees to abide by any additional terms and conditions which may be required by the federal sponsor of this grant. Witness the following signatures: Erin Ashwell,Chief Deputy Attorney General Date Office of the Attorney General Paul Neudigate,Chief of Police Date Virginia Beach Police Department krt. ° l�4wvv CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Accept and Appropriate State Funds and to Establish Two Positions in the Department of Human Services for the Expansion of the System Transformation Excellence and Performance (STEP-VA) Initiative MEETING DATE: July 6, 2021 • Background: STEP-VA is a long-term Commonwealth initiative designed to improve the community behavioral health services available to all Virginians. All 40 Community Services Boards (CSB) and/or Behavioral Health Authorities (BHA), including the Virginia Beach Department of Human Services (DHS), are required by statute to provide all STEP- VA services. The Peer Support Services step was originally scheduled for implementation in FY 2020-21 but was delayed due to COVID-19. FY 2021-22 funding from the Commonwealth is $142,482 and will support two FTEs and associated position costs. Research has shown peer supports have a transformative effect on both individuals and systems. Such services are effective in improving quality of life, engagement in services, improvement in health outcomes, decrease of hospitalizations, and overall reductions in cost of services. Peer Support Specialists assist individuals to become and stay engaged in recovery processes and reduce the likelihood of relapse. They assist in the development of goals and plans for recovery, resiliency, and wellness. Family Support Partners provide services to the parent/caregiver that will benefit the youth in need of services through education, modeling, active listening, and disclosure of personal experiences. Services are expected to improve outcomes for the individual's and family's confidence and capacity to manage their own services and supports while promoting wellness and healthy relationships. • Considerations: In the 2021, the General Assembly made available $5.3 million from the Commonwealth's General Fund specifically earmarked for Peer and Family Support Services. As a result, DBHDS is providing to VBDHS $142,482 for Peer and Family Support Services in FY 2022. The funds will cover the cost of both BH/BS Specialist I positions (including benefits) in addition to computer hardware, cell phone coverage, and ongoing professional development. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance • 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 ESTABLISH TWO POSITIONS IN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 EXPANSION OF THE SYSTEM TRANSFORMATION 5 EXCELLENCE AND PERFORMANCE (STEP-VA) 6 INITIATIVE 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $142,482 from the Virginia Department of Behavioral Health and Developmental 12 Services is hereby accepted and appropriated, with funds from the Commonwealth 13 increased accordingly, to the FY 2021-22 Operating Budget of the Department of 14 Human Services for expenditures related to the STEP-VA Initiative. 15 16 2. Two full-time positions are hereby authorized in the Department of Human 17 Services FY 2021-22 Operating Budget, and such positions are conditioned upon 18 continued Commonwealth funding. 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: Budget a Management Services City or ey's Office CA15479 R-1 June 24, 2021 434fi�ti yLy lCS.I ,`.C,e CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Surplus Funding from the Congestion Mitigation and Air Quality Improvement Federal Program and to Transfer Funding from Capital Project #100246, "Lesner Bridge Replacement," to Capital Project #100537, "Dam Neck Road and Holland Road Intersection Improvements" MEETING DATE: July 6, 2021 • Background: The Congestion Mitigation and Air Quality Improvement (CMAQ) Program provides funds to states for transportation projects designed to reduce traffic congestion and improve air quality. The Virginia Department of Transportation (VDOT) then distributes these funds to the various metropolitan planning organizations, including the Hampton Roads Transportation Planning Organization (HRTPO). The HRTPO accepts applications annually to distribute the Hampton Roads district allotment of funds to localities within the district. Funding for CMAQ projects is programmed six years out from the time of award. In July 2017, the City was awarded a total of $2,190,000 ($430,000 in FY 2022-23 and $1,760,000 in FY 2023-24) for Capital Project #100537, "Dam Neck Road and Holland Road Intersection Improvements." On May 20, 2021, as part of VDOT's CMAQ Reconciliation process, the HRTPO Board voted to reallocate surplus funding from previously completed CMAQ projects to other active projects in the district. The HRTPO approved a request to transfer $200,000 in surplus FY 2021-22 funds from a completed project to Capital Project #100537. Legacy CMAQ funds (pre-2006) require a 20% local match, and because the donor project is legacy, a match of $50,000 from the City is required. This match will be met by transferring funds from Capital Project #100246, "Lesner Bridge Replacement." This additional funding will allow the City to begin design of Capital Project #100537 in FY 2021-22 instead of FY 2022-23. This project will improve the congested intersection by adding a second left turn lane from westbound Dam Neck Road to southbound Holland Road. The improvements will also require reconstruction of the existing refuge island on the northeast corner of the intersection. The project cost is approximately $2.2 million. • Considerations: There is sufficient local funding in the completed Lesner Bridge Replacement project to transfer $50,000 to the Dam Neck Road and Holland Road Intersection Improvements project to satisfy the City's required local match. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Location map, Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: k, • 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE CONGESTION 3 MITIGATION AND AIR QUALITY IMPROVEMENT FEDERAL 4 PROGRAM AND TO TRANSFER FUNDING FROM CAPITAL 5 PROJECT#100246, "LESNER BRIDGE REPLACEMENT,"TO 6 CAPITAL PROJECT #100537, "DAM NECK ROAD AND 7 HOLLAND ROAD INTERSECTION IMPROVEMENTS" 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 1) $200,000 in federal surplus funding from the Congestion Mitigation and Air 13 Quality Improvement program is hereby accepted from the Hampton Roads Transportation 14 Planning Organization and appropriated, with federal revenues increased accordingly, to 15 Capital Project#100537, "Dam Neck Road and Holland Road Intersection Improvements." 16 17 2) $50,000 is hereby transferred from Capital Project#100246, "Lesner Bridge 18 Replacement," to Capital Project #100537, "Dam Neck Road and Holland Road 19 Intersection Improvements." 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: udget and Management Services o y's Office CA15477 R-1 June 24, 2021 jlpjwmm•Eiepp-- % mi \ - NI x 'Po 0 c-- ,.„J - WE g i i ft v ), 1 1 :6'• .:,,, -sae 0,\1 0 , ,_.. , ,, _,, ik__, _,. s , SITE 4 0 -,--,-- 6, — •?„, , r ,1.L. 7, C , Z , \-, 7-- Illk-- - it , , <4' cl \-s- ,4v - — •4?- 41# t.:-/‘• ipi,, ,‘, s r--- •____* 7 - \ \ 4 \ //` Y' --1------,_ -c----/ --- .i , , N LOCATION MAP , .6. ..-, . 11'\ DAM NECK ROAD/HOLLAND ROAD < , \ › / . ' INTERSECTION IMPROVEMENT PROJECT \ -s, CIP 100537 trililkiNv ... ,,, 11 .1 Feet i \ 0 250 500 1 ,000 , .,,,,,„,.. , ..,„,..,. -,....,. , 1 (4,-- -t 0 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds and to Establish Five Positions in the Department of Human Services for the Implementation of the Marcus Alert System MEETING DATE: July 6, 2021 • Background: On Nov. 5, 2020, the General Assembly of Virginia passed legislation that requires localities to establish a specific set of protocols for responding to behavioral health emergencies. These amendments were passed under the name Marcus Alert, named after Marcus-David Peters, who was shot and killed by a Richmond police officer on May 14, 2018. The legislation further requires the Department of Behavioral Health and Developmental Services (DBHDS), Department of Criminal Justice Services (DCJS), Community Services Boards (CSBs), and other community stakeholders such as local public safety agencies to develop joint protocols for responding to individuals during behavioral health emergencies. • Considerations: As one of five initial implementation sites, Virginia Beach will �eive $600,000 in ongoing annual funding from the Commonwealth to support the Marcus Alert initiative starting in FY 2021-22. The appropriation must reserve $120,000 for a regional liaison position and related expenses. The remaining $480,000 will be used to support the local implementation plan, which will include four new positions to support the expansion of our existing Mobile Co-Responder Team (MCRT), and expand service hours and crisis stabilization services. Implementation funds will cover two new BHDS Clinician III positions, one BHDS Clinician II, one BHDS Behavior Specialist position, and additional time for Police Officers to support expansion of the current MCRT. These funds will also be used to purchase computer assets for the new positions, a media campaign fees for public awareness, and staff training. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: k 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO ESTABLISH FIVE POSITIONS IN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 IMPLEMENTATION OF THE MARCUS ALERT SYSTEM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $600,000 from the Virginia Department of Behavioral Health and Developmental 10 Services is hereby accepted and appropriated, with funds from the Commonwealth 11 increased accordingly, to the FY 2021-22 Operating Budget of the Department of 12 Human Services for expenditures related to the Marcus Alert System. 13 14 2. Five full-time employee positions are hereby authorized to the FY 2021-22 15 Operating Budget of the Department of Human Services for the Marcus Alert 16 System, and such positions are conditioned upon continued funding by the 17 Commonwealth. 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: B dget and Management Services____ __,4,__, ;30--- /.--- CI to s Office CA15478 R-1 June 24, 2021 C sue•; , o .41�`y r� ,ii c E ,€ je CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: An Ordinance to Appropriate $400,000 from the Fund Balance of the General Fund to Provide a Grant to the Hampton Roads Workforce Council MEETING DATE: July 6, 2021 • Background: As a direct result of the COVID-19 pandemic, the City of Virginia Beach's tourism industry is experiencing a workforce crisis. There are thousands of open positions in the City's hotels, restaurants, and attractions businesses. The lack of available workers creates significant threats to the City's tourism industry. The inability of businesses to staff against demand can cause businesses to limit hours or reduce the goods or services provided to customers. Additionally, the lack of staff can strain the ability of the businesses to deliver a premium destination experience. Collectively, these challenges create difficulties in marketing the City to visitors and could result in a loss of current or repeat visitors. • Considerations: The attached ordinance appropriates $400,000 of fund balance from amounts that were previously included in the City Council Pandemic Reserve but lapsed at the end of Fiscal Year 2020-21. The Hampton Roads Workforce Council has proposed a workforce availability program that includes the following: • $250,000 for "back to work" cash incentives; • $100,000 for a marketing campaign, including creative, media, community relations, and public relations; and • $50,000 in general administrative expenses. • Public Information: Normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Tower REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO APPROPRIATE $400,000 2 FROM THE FUND BALANCE OF THE GENERAL 3 FUND TO PROVIDE A GRANT TO THE HAMPTON 4 ROADS WORKFORCE COUNCIL 5 6 WHEREAS, the City Council desires to support a program to address the 7 workforce availability crisis in the tourism industry; 8 9 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 $400,000 is hereby appropriated from the fund balance of the General Fund to 13 provide a grant to the Hampton Roads Workforce Council to allow the Council to 14 undertake a program to address the workforce availability crisis in the tourism industry. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: City At orney's Office CA15492 R-1 June 30, 2021 J. PLANNING 1. DHW JOINT VENTURE, LLC for the Street Closures re 15-foot Street Dedication adjacent to a 50-foot Norfolk & Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road RECOMMENDATION: APPROVAL 2. OCEAN RENTAL PROPERTIES, LLC (now known as ORP Ventures, LLC) for a Street Closure re 1,151 sq. ft of an unimproved portion of 10th Street (formerly 13th Street) adjacent to Norfolk Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. 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) Deferred from June 15, 2021 RECOMMENDATION: APPROVAL 4. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Change of Zoning from (B-3 Central Business District to Conditional CBC Central Business Core) re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDS: APPROVAL 5. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re housing for seniors at the Southwest corner of Jeanne Street and Constitution Drive DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL 6. COMMONWEALTH AUTO GROUP, INC. & WWMD PROPERTIES, LP for a Conditional Use Permit re motor vehicle sales& rentals at 4873 Haygood Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. TRACI R. & MICHAEL MCGLYNN for a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20th Y2 Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. LINDA M. LAMB LIVING TRUST for a Conditional Use Permit re short term rental at 4615 Oceana View Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 9. KRISTA L. WOODLOCK for a Conditional Use Permit re short term rental at 3709 Rockbridge Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. STANDARD COMMUNITY, LLC for a Conditional Use Permit re short term rental at 427 Peregrine Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 11. WILLIAM GEORGHIOU for a Conditional Use Permit re short term rental at 3608 East Stratford Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 12. ANDREW BROYLES for a Conditional Use Permit re short term rental at 3604 East Stratford Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 13. KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue, Units A &B DISTRICT 5 —LYNNHAVEN (Deferred from June 1, 2021) RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 14. DAN & SARA BAILEY for a Conditional Use Permit re short term rental at 103 57th Street, Unit A DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 15. TODD E.SWEIGART for a Conditional Use Permit re short term rental at 507 19th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. SPIVAK FAMILY TRUST for a Conditional Use Permit re short term rental at 229 16th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 17. HEATHER SHIMP for a Conditional Use Permit re short term rental at 304 28th Street, Unit 307 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. SUZANNE OLESZKO for a Conditional Use Permit re short term rental at 312 Arctic Crescent DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 19. CATHERINE PATTERSON DENTON&THE PINK CABANA,LLC Conditional Use Permit re short term rental at 1316 Cypress Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. ANDREW LIN for a Conditional Use Permit re short term rental at 4441 Ocean View Avenue, Unit B DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL APPLICANT REQUEST WITHDRAWAL 21. Ordinances re Short Term Rentals: PLANNING COMMISSION RECOMMENDATIONS/VERSIONS 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 c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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 d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO, regulations and requirements re Short Term Rentals in each Overlay District f. ESTABLISH Transition 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 CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts- North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 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(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) a1 �vr' �, � l nr NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 6,2021 at 6:00 p.m.In the Council Chamber at City Hall,Building 1, 2nd Floor.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 Council Chamber or virtually via WebEn by completing the two- step process below.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 , ,.com/vbeov/onstapeienhn2MTlD=ec806(151v17c9036f9606hl O7t)49056r 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 6,2021. The following requests are scheduled to be heard: DHW Joint Venture,LLC(Applicant&Property Owner)Street Closure(15-foot Street Dedication)Street Closure(20-foot Private Road)Adjacent Address:15-foot street dedicated adjacent to 50-foot Norfolk&Southern Corp.right-of-way,20-foot Private Road northeast of Tolliver Road cul-de- sac Adjacent GPIN(s):1459818217,1459818232,1459910373,1459912208,145902964 Council District:Bayslde Ocean Rental Properties,LLC(Applicant)Ocean Rental Properties,LLC;Robert Arthur,Jr.&Margaret Burd Perkins;&Thomas J.Schwartz&Colleen Hurley-Schwartz(Property Owners)Street Closure Adjacent Addresses:Portion of unimproved right-of-way south of Norfolk Avenue and north of 516 &518 Norfolk Avenue Units A&B Adjacent GPIN(s):2427048118,2427047261 Council District Beach South Lynnhaven,LLC(Applicant&Property Owner)Modification of Conditions Address:877 S Lynnhaven Road GPIN(s): 1496342200 Council District Rose Hall Pembroke Square Associates,LLC(Applicant&Property Owner)Conditional Rezoning(63 Central Business to Conditional CBC for construction of 158 senior housing units at an approximate density of 74.53 units per acre)and Conditional Use Permit(Housing for Seniors)Address:southeastern corner of intersection of Jeanne Street and Constitution Drive GPIN(s):Portion of 1477562034 Council District Bayside Traci R.&Michael L.McGlynn(Applicants&Property Owners)Modification of Conditions and Conditional Use Permit(Short Term Rental)Address: 523 20th 1/2 Street GPIN(s):24179788130001 Council District Beach Commonwealth Auto Group,Inc.(Applicant)WWMD Properties LP(Property Owner)Conditional Use Permit(Motor Vehicle Sales&Rentals)Address: 4873 Haygood Road GPIN(s):1478142890 Council District Bayside Linda M.Lamb Living Trust(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:4615 Ocean View Avenue GPIN(s): 15706241244615 Council District Bayside Krista L. Woodlock (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 3709 Rockbridge Road GPIN(s): 14894867443709 Council District Bayslde Standard Community, LLC (Applicant & Property Owner) Conditional Use Permit (Short Term Rental)Address:427 Peregrine Street GPIN(s): 1467773665 Council District Bayside William Georghiou(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:3608 E.Stratford Road GPIN(s):1489584711 Council District Bayslde Andrew Broyles(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:3604 E.Stratford Road GPIN(s):1489eR9787 Council District Bayside Kim Davenport (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 8809 Atlantic Avenue Units A&B GPIN: 2510512836 Council District Lynnhaven Dan & Sara Bailey (Applicants & Property Owners) Conditional Use Permit (Short Term Rental) Address: 103 57th Street Unit A GPIN(s): 24198131000001 Council District Lynnhaven Todd E.Sweigart(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:507 19th Street GPIN(s):2427070575 Council District Beach Spivak Family Trust(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:229 16th Street GPIN(s):24271678310229 Council District Beach Heather Shimp (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 304 28th Street Unit 307 GPIN(s): 24280028663007 Council District Beach Suzanne Oleszko(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:312 Arctic Crescent GPIN(s):2427152967 Council District Beach Catherine Patterson Denton(Applicant)The Pink Cabana,LLC(Property Owner)Conditional Use Permit(Short Term Rental)Address:1316 Cypress Avenue GPIN(s):2417955483 Council District Beach 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. 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 BEACON-JUNE 20&27,2021-1 TIME EACH /ia \ r u /O e �, Sand IDa pnaPit �- � , Roaa o , fr ---1 41 kr , . ----,,, i ,,%.\, 4„,.. t, A . , . I`........,_-• I I0.44,4tI1 j r ' II/II / O / / , A41 \ ' --' G'' ' / A123 11\ f4Wo 00 11 '%, - . . , � - , N /// Site DHW Joint Venture, LLC W y r Property Polygons 15-foot street dedicated adjacent to 50-foot Norfolk & 0 Zoning Southern Corp. right-of way, 20-foot Private Road northeast of Tolliver Road cul-de-sac Building - Iii ii Nomn Feet Parking Lot Drive Aisle 0 30 60 120 180 240 300 360 ,wu r �.*.'.r=a.=..t=yC. rct , 1 (.1 . CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance Approving Application of DHW Joint Venture, L.L.C. for the Closures of (1) a 15-foot Street Dedication adjacent to a 50-foot Norfolk & Southern Corp. right-of-way and (2) a 20-foot Private Road northeast of Tolliver Road MEETING DATE: July 6, 2021 • Background: DHW Joint Venture, L.L.C. (the "Applicant") owns various parcels of land along Tolliver Road, which were rezoned by City Council on July 11 , 2017 from R-5D Residential to Conditional A-36 Apartment District to develop the Burton Station Apartments (the "Property"). The Applicant has requested the closure of(1) a 400± sq. ft. unimproved portion of a platted 15-foot street dedicated to the City of Virginia Beach by M.B. 79, at page 49 recorded on April 29, 1969 (the "Street Dedication") and (2) a 11,640± sq. ft. 20-foot Private Road (the "Private Road") (collectively, the "Rights-of-Way"). The Rights-of-Way are located within the Property. No other parcels are adjacent to or have an interest in the Rights-of-Way. A portion of the Private Road on an adjacent property was closed on September 20, 2016 by ORD-3463B. • Considerations: The purpose of the requested street closures is to clarify the title for redevelopment. The Rights-of-Way have never been improved or maintained by the City of Virginia Beach. The plat for the Street Dedication states that it was dedicated for road purposes, but no other right-of-way is proximate to this 17.32' x 23.09' parcel. With regard to the Private Road, the Applicant's title company and the City Attorney's Office were unable to conclusively determine if there is a public interest. Thus, the closure of the Rights-of-Way is regarded as a request to clear potential title issues which could impact future redevelopment of the Property, rather than an extinguishment of public rights. The Viewers determined that closure of the Rights-of-Way, with the conditions set forth below, will not result in any public inconvenience. Staff received no letters of opposition and there were no speakers at the Planning Commission public hearing. DHW Joint Venture, LLC Page 2 of 2 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Recommendation: On June 9, 2021, the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 7-0. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Because the street closures are a formality to clear up a title issue, which could be an impediment to the redevelopment of the Property, it is recommended that a purchase price be waived for these closures. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the Street Dedication and the Private Road into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closures of the Street Dedication and Private Road shall each be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the proposed areas, this approval shall be considered null and void. s Attachments: Ordinance Staff Report Disclosure Statement Location Map Minutes of Planning Commission Public Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /�`l 1 ORDINANCE APPROVING APPLICATION 2 OF DHW JOINT VENTURE, L.L.C. FOR THE 3 CLOSURES OF (1) A 15-FOOT STREET 4 DEDICATION ADJACENT TO A 50-FOOT 5 NORFOLK & SOUTHERN CORP. RIGHT- 6 OF-WAY AND (2) A 20-FOOT PRIVATE 7 ROAD NORTHEAST OF TOLLIVER ROAD 8 9 WHEREAS, DHW Joint Venture, L.L.C. (the "Applicant") applied to the Council of 10 the City of Virginia Beach, Virginia, to have the hereinafter described portions of the 11 unimproved, rights-of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portions of rights-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portions of unimproved rights-of-way (collectively, 23 the "Rights-of-Way") be discontinued, closed and vacated, subject to certain conditions 24 being met on or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "15' STREET DEDICATION (M.B. 79, P. 49) 29 TO BE CLOSED" and shown on that certain street closure 30 exhibit entitled: "STREET CLOSURE EXHIBIT OF 15' 31 STREET DEDICATION (M.B. 79, P. 49) VIRGINIA BEACH, 32 VIRGINIA," Scale: 1" = 30', dated January 28, 2021 , and 33 prepared by Timmons Group, a copy of which is attached 34 hereto as Exhibit A. 35 36 and 37 38 ALL THAT certain piece or parcel of land situate, lying and 39 being in the City of Virginia Beach, Virginia, designated and 40 described as "APPROXIMATE LOCATION OF 20' PRIVATE 41 ROAD (M.B. 7, P. 45) TO BE CLOSED" and shown on that 42 certain street closure exhibit entitled: "STREET CLOSURE 43 EXHIBIT OF 20' PRIVATE ROAD (M.B. 7, P. 45) VIRGINIA 44 45 No GPIN Assigned (Rights-of-Way) 46 Adjacent GPI Ns: 1459-81-8232, 1459-81-8217, 1459-91-0373, 1459-91-2208 47 & 1459-90-2964 48 49 BEACH, VIRGINIA," Scale: 1" = 40', dated January 28, 50 2021 and revised through May 7, 2021, and prepared by 51 Timmons Group, a copy of which is attached hereto as 52 Exhibit B. 53 54 SECTION II 55 56 The following conditions must be met on or before one (1) year from City 57 Council's adoption of this ordinance: 58 59 1. The City Attorney's Office will make the final determination regarding 60 ownership of the underlying fee. The purchase price to be paid to the City shall be 61 determined according to the "Policy Regarding Purchase of City's Interest in Streets 62 Pursuant to Street Closures," approved by City Council. Because the street closures are 63 a formality to clear up a title issue, which could be an impediment to the redevelopment 64 of the property, it is recommended that a purchase price be waived for the Rights-of- 65 Way. 66 67 2. The Applicant shall resubdivide the property and vacate internal lot lines to 68 incorporate the Rights-of-Way into the adjoining parcels. The resubdivision plats must 69 be submitted and approved for recordation prior to the final street closure approval. 70 71 3. The Applicant shall verify that no private utilities exist within the Rights-of- 72 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 73 company must be provided. 74 75 4. Closure of the Rights-of-Way shall be contingent upon compliance with 76 the above-stated conditions within 365 days of approval by City Council. If the 77 conditions noted above are not accomplished and the final plat is not approved for 78 recordation within one (1) year of the City Council vote to close the Rights-of-Way, this 79 approval shall be considered null and void. 80 81 82 83 SECTION III 84 85 1 . If the preceding conditions are not fulfilled on or before July 5, 2022, this 86 Ordinance will be deemed null and void without further action by the City Council. 87 88 2. If all conditions are met on or before July 5, 2022, the date of final closure 89 is the date the street closure ordinance is recorded by the City Attorney. 90 91 3. In the event the City of Virginia Beach has any interest in the underlying 92 fee, the City Manager or his designee is authorized to execute whatever documents, if 93 any, that may be requested to convey such interest, provided said documents are 94 approved by the City Attorney's Office. 95 96 SECTION IV 97 98 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 99 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 100 VIRGINIA BEACH (as "Grantor") and DHW JOINT VENTURE, L.L.C., a Virginia limited 101 liability company(as "Grantee"). 102 103 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 104 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Att ey CA15224 \\vbgov.com\dfa 1\applications\citylaw\cycom32\wpdocs'd017\p038100734590.doc R-1 June 23, 2021 \ / / LINE TABLE 7,6 \/� /-'� ',�1.H OF LINE BEARING LENGTH �'� `\ �'� ,/ f� ', APPROXIMATE �j d•� L 1 N60°42'39"E 17.32' \(� LOCATION OF o ODD H. RENCH L2 SO°42'39"W 23.09' �' 20'PRIVATE ROAD Lic. No. 2410 / \ (M B. 7,P.45) / L3 S60°42'39"W 17.32' !2 \ ! �!J-�Q1 L4 ND°42'39"E 23.09' /'' �.4kt. 15'STREET DEDICATION �� SUR`�AI 40 TO BE CLOSED RESIDUAL AREA"EAST" !q 4� (INST#20180531000442410) ' \ N/F DHW JOINT VENTURE,L.L.C. . (INST#20181030000891880) I GPIN 14598182170000 1 \ SFF yONNIN 7 7 Z R W a o \ PART OF PLAT NO.3 ti Z Q ^ o - ,, (M.B. 7,P.45) O � m or; K RESIDUAL N/F O Q ti a 1 h \ DHW JOINT VENTURE,L.L.C. O 1 PROPERTY"EAST" ti m h (INST#20161026000969440)� (INST#20180409000288790) a `O`'•v 4-1 N/F GPIN 14599103730000 JO CO EZ aCC) Z M 1 0, DHW JOINT VENTURE,L.L.C. \ LL U h `-0. N I N (INST#20181030000891880) \ O m CD o GPIN 14598182320000 \ 43 Z Z \ PUBLIC DRAINAGE EASEMENT 15'AND VARIABLE WIDTH 5'DRAINAGE& DOMINION VIRGINIA POWER, VERIZON UTILITY EASEMENT / ...1 1.....--- &COX COMMUNICATIONS EASEMENT (M.B. 79,P 49)J - h-- (INST#20 16 10260009694 4 0) (INST#20 16 10280 009 75690) (INST#20 16 120500 1 103 750) \\ PUBLIC DRAINAGE EASEMENT -4——+, (INST#20 16 12 1600 1 139330) (INST#20 18053 1 0004424 10) ___ (INST#20 1 8 06080004 69280) (INST#20181030000891880) - --. N24°4644"W 366.36' L=3.65' 30'DOMINION VIRGINIA POWER, VERIZON&COX N24°46'43"W COMMUNICATIONS EASEMENT 17.21' TOLL/VER ROAD (INST#20 18053 1 0004424 1 0) ( 70'RIGHT-OF-1 VA y (INST#20180716000575590) (1NST#20161026000969410)(INST#20161028000975690) (INST#20 180 7 1 700058 1 350) (INST#20 16 10260009694 4 0)(INST#20161028000975690) (INST#20180813000666500) (IINSNST#T#20180531000442410)2018101800085 (INST#20181030000891880) 7420)(INST#20181030000891880) NOTES 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE,NORTH AMERICAN SCALE 1"=30' DATUM 1983/1993(HARN). THE CITY OF VIRGINIA BEACH CONTROL REFERENCE POINTS USED TO 0 30' 60' ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. 2 THIS EXHIBIT IS FOR STREET CLOSURE STREET CLOSURE EXHIBIT PURPOSES AND DOES NOT CONSTITUTE A OF 15'STREET DEDICATION SUBDIVISION OF LAND. (M.8. 79, P. 49) VIRGINIA BEACH VIRGINIA TH15 DRAWING PREPARED AT THE Date: 01-28-21 Scale:1"=30' VIRGINIA REACH OFFICE YOU¢VISION ACHIEVED•HROUG"OURS ' sa,,:n IYenna.-e,Roar.5u�te 200 I Vogma Ream VA 73452 Sheet 1 of 1 1.N.: 39258 1E 757.213.6679 FAY 757.340.1415 www.bmmons.com Drawn by:KT Checked by:THF TIMMONS GROUP ••''"fElT_ XHIB A V RESIDUAL AREA "EAST" N24 4643"W (INST#20180531000442410) 1721 Nt N/F DHW JOINT VENTURE,L.L.C. N (INST#20181030000891880) `.... GPIN 14598182170000 tE '` l s. ` A�G' yF /- RESIDUAL RESIDUAL `:' `\ ��ss vB/ .°A• 'Qy>' // PROPERTY EAST" �`. �� opo ' O� ,%TOLLIVER ROAD (INST#20161026000969440) `,`. ` / 70'RIGHT-OF-WAY N/F N60 42'39 E / (INST#20161026000969410) DHW JOINT VENTURE, 25.01' /// (INST#20161028000975690 (INST#20181030000891880) / ) GPIN 14598182320000 I. : >:::: (INST#20161026000969440) tt ;r--- (INST#20161028000975690)---------------- .:. .; - (INST#20180531000442410) I ::.:i (INST#20181030000891880) 15'STREET (INST#20181018000857420) DEDICATION I :: :::1 (INST#20181030000891880 (MB. 79,P.49) PART OF PLATNO.3 to (M8. 7,P.45) ::::::::::?:::: W N/F DHW JOINT VENTURE,L.L.C. ^ ::: 1 1 TH OF (INST#20180409000288790) l ,�t.�'}' P/ GPIN 14599103730000 2 ::: ,aim I ::� 8 ERIC S. PATTERSON' APPROXIMATE � -A Lic. No. 2412 LOCATION OF as o7--zI I •! 20'PRIVATE ROAD : :• (tD SUR\N- TO BE CLOSED I:: .::"::::I SCALE 1"=40' . ........I _ :_: PART OF PLAT NO.4 ..'.... l (M.B. 7,P.45)N/F NOTES I. DHW JOINT VENTURE,LLC �..:..::.:I 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE (INST GPIN 1459912208000020800) I::::::::::I SYSTEM,SOUTH ZONE,NORTH AMERICAN 1 DATUM 1983/1993(HARN). THE CITY OF VIRGINIA MATCHLINE SHEET 2 BEACH CONTROL REFERENCE POINTS USED TO ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. STREET CLOSURE EXHIBIT 2. THIS EXHIBIT IS FOR STREET CLOSURE OF 20'PRIVATE ROAD PURPOSES AND DOES NOT CONSTITUTE A (M.B. 7,P.45) SUBDIVISION OF LAND. VIRGINIA BEACH VIRGINIA Date: 01-28-21 Scale:1"=40' THIS DRAWING PREPARED AT THE Sheet 1 of 2 J.N.: 39258 VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS. 2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP TEL 757.213.6679 FAX 757.340.1415 www.timmons,cam Revised Date: 05-07-21 — TIMMONS GROUP .•••: EXHIBIT MATCHLINE SHEET 1 \ \ ?: :::::� PART OF PLAT NO.4 \\ (M.B. 7,P.45) - \ N/F \ -/'- 4:N:::!'> DHW JOINT VENTURE,LLC \ /- ,....:. (INST#20180525000428700) \ / GPIN 14599122080000 -- --T 1;: +:>.'� SEE 14 \ -- \+ APPROXIMATE �` `:"`22 "1 LOCATION OF \ PARCEL "I-D" t 1 1 20'PRIVATE ROAD Y (INST#20061219001881190) "`y (M.B. 7,P.45) N/F 1:. :::::::::: TO BE CLOSED S&J TRUCK TERMINAL, INCORPORATED 1` . .. (D.B.3483,P. 1398) 1 , -—--—-- GPIN 14599029640000 1: .:: : : i \ #,TH OF \ \ ... .. � 1 . 1 • lel/ \ \ : .W PART OF PLAT NO.5 o ERICER a \ "f.:::. :::i M.B. 7,P. c> SON \ �, ( 45) Lic. No. 2412 \ .........1^ DHW JOINT VENTURE LLC d 6 0 7-Z1 ° x (INST#20180525000428700) (,, I \ �,:. :::� \ GPIN 14599142020000 SUR {. .:.... 1 \ 20'MAINTENANCE EASEMENT \::.:: :.:1 (INST#20161028000975700) (INST#20161026000969320) 1 }">: �� LOCATION 1 1: 1 : :; \ ROXIMAIE BEMENT VARIABLE WIDTH PUBLIC - 1 APP VEPCO 21g) IMPOUNDMENT EASEMENT ftt: 1:::-_:� 150(O B 321,321,P 22a) (INST#20161028000975700) I :.:}::i.:::.� \ (0'S 322,P•539) (INST#20161026000969320) \ �0.6. 332,P'492) 30'x18.83'PRIVATE 1 ::�.: { �\ D g.334 P.394) 1 I:1 DRAINAGE EASEMENT f :::::: \ D.P. (D.B.2874,P. 1440)----1'-----..,. ,18.20'1j20.01`) 59.07' 1 -. S26°00'07"W 97.28' S25 4100"W 165.17' S26°00'27"W 1 �S63°5953"E PARCEL II-A 18.84' (INST#20170823000721480) 880.36'TO TOLLIVER ROAD (INST#20181207001006000) N/F FIRST VIRGINIA N/F LAND TRUST ROAD Na 4 (D.B.2857,P. 1175)(D.B.2198,P. 1791) — -- 20'PRIVATE ROAD GPIN 14690008010000 '' (UNIMPROVED) (M.B. 7,P.45) / -- ' --- -- ' (M.B.55,P. 15) / — — N/F S&J TRUCK TERMINAL, _I, - — INCORPORATED -- (D.B.3483,P. 1398) GPIN 14589958210000 STREET CLOSURE EXHIBIT SCALE 1"=40' OF 20'PRIVATE ROAD (M.B. 7,P.45) 0 40' 80' VIRGINIA BEACH VIRGINIA Date: 01-28-21 Scale:1"=40' THIS DRAWING PREPARED AT THE Sheet 2 of 2 J.N.: 39258 VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS. 2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP TEL 757.213.6679 FAX 757.340.1415 www.timmons.com Revised Date: 05-07-21 TIMMONS GROUP •••••••. Applicant & Property Owner DHW Joint Venture, LLC Agenda Items Planning Commission Public Hearing June 9, 2021 City Council Election District Bayside 4 & 5 \!3 Virginia Beach Requests 4- Street Closure (15-foot Street Dedication) 5 - Street Closure (20-foot Private Road) J e Staff Recommendation �y E% Approval / Thu st A••^°• 0 Staff Planner s e Marchelle Coleman wit- N Location ill . g 15-foot street dedicated adjacent to 50-Foot t t A Norfolk& Southern Corp. right-of-way and 20-foot Private Road northeast of Tolliver Road M�P, cul-de-sac - --- Adjacent GPINs 1459818217, 1459818232, 1459910373, 1459912208, 1459902964 ,' b% 11111,. 4 Right-of-way Sizes 397.84 square feeett (15-foot Street Dedication) 11,640 square feet (20-foot Private Road) AICUZ Less than 65 dB DNL Watershed - • se Chesapeake Bay - 41 IN 11NR9 • Existing Land Use and Zoning District / , -- "_, "� Wooded undeveloped land j_ T-� 0 Surrounding Land Uses and Zoning Districts North ' ..; Wooded undeveloped land/A 36 Apartment ``�` - " South �, *� .� ,�,4 Wooded undeveloped land, pond/A-36 s .. Apartment > East • ?t so Mobile home park/A-12 Apartment _ j./ West f .,ii ;c � Norfolk Southern Rail Line erg_ it DHW Joint Venture, LLC Agenda Items 4 & 5 Page 1 Background & Summary of Proposal • The applicant is seeking to close a 397.84 square foot area shown on a 1969 plat as "15-foot Dedicated to City of Virginia Beach for road purposes" (the"Street Dedication")and a 20-foot Private Road established by a 1924 plat (the"Private Road"). Both areas are adjacent to parcels that were rezoned on July 11, 2017 from R-5D Residential Duplex District to Conditional A-36 Apartment District to develop the Burton Station Apartments. • These street closures are requested in order to clear the title for redevelopment.Once the road and street dedication areas are closed,the titles will vest in the adjoining property owner. • The 397.84 square foot area of the Street Dedication is not connected to any improved street,does not serve the public, and it does not provide access to the adjacent properties,which are owned by the applicant. • The Private Road is approximately 11,640 square feet and has never been dedicated, improved,or maintained by the City of Virginia Beach.A portion of this Private Road was closed by a Street Closure on September 20, 2016 by City Council,as identified in Ordinance ORD-3463B. Zoning History hititai # Request_ 1 CRZ(R-5D to Conditional A-36)Approved 07/11/2017 �Ay' �a t 2 REZ(R-SD to I-1)Approved 06/21/2016 '5 �� 3 STC Approved 09/20/2016 4 CRZ(I-1 to Conditional A-1)Approved 08/03/1987 trpN�Q c CUP(Mobile Home Park)Approved 08/03/1987 z, 5 CUP(Expansion of an Electronic Transformer Station) -:-. j �� Approved10/07/2014' `� '" © ' CUP(Electric Transformer Station)Approved d „l> 11/04/1985 6 SVR Approved 06/28/2011 v CUP(Mini-Warehouse)Approved 06/28/2011 CUP(Truck Wash Facility,Motel, Bulk Storage)Approved 6 09/10/1996 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 A Viewers' Meeting was held on April 23, 2021,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development,and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure,with the required easements reserved to the City,will not result in any public inconvenience;therefore, closures of the Street Dedication and the Private Road are deemed acceptable. The Street Dedication and the Private Road have never been dedicated, improved or maintained by the City of Virginia Beach.Therefore,the City Attorney's Office is uncertain if there is a public interest.These requests for closure are regarded as a "cleanup" of title that removes any impediment to the redevelopment of the applicant's property rather than an extinguishment of public rights. DHW Joint Venture, LLC Agenda Items 4&5 Page 2 Based on these considerations, Staff recommends approval of the proposed Street Closures subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Because the street closures are a formality to clear up a title issue,which could be an impediment to the redevelopment of the property, it is recommended that a purchase price be waived for these closures. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the Street Dedication and the Private Road into the adjoining parcels.The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the areas proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closures of the Street Dedication and Private Road shall each be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the proposed areas,this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. DHW Joint Venture, LLC Agenda Items 4&5 Page 3 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24,2021. • 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27,2021. • 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 June 21,2021. • 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 July 2, 2021. DHW Joint Venture, LLC Agenda Items 4& 5 Page 4 Street Dedication Exhibit , , LINE TABLE /�'(\\ 2�i,P,•l446 H Op 1, LINE BEARING LENGTH , i' ` \ i''' �� /L 1 N60'4239'E 17.32' \ jj� APPROXIMATE O� - '�C� LOCATION OF ��ffffODD ENCH - L2 SO'1239'W 1309' �� 20'PRIVATE ROAD Uc. No. 2410 - �'<1 \\(MB.7.P 45) `/�8-10 L3 S60'4239 W 17.32 ICJ L4 N0'41'39'E 23.09' �" ��ii��to 18'STREET DEDICAnON a� ' � P.9..? 1 ,�0� B.(aK 7 49) RESIDUAL AREA EAST' ,e A TO aB CLOSED (INST 920180531000442410) NJF DHW JOINT VENTURE,L.L.C. , \ (INST 920181030000891880) I ` GPIN 145981112170000 i \ f� ` 9 2 ~ 1Y PART OF PLAT NO.3 41 'a 3 m"+o of RESIDUAL N� is \p 'vs PROPERTY'EASr DHW JOINT VENTURE.L.L.C. ^y (INST 020161026000569 40)'s(INST#20180409000288790) Y 1 h: w I N/F \GPIN 14599 103 73 0�000 OOapm2 a , OHW JOINT VENTURE,L.L.C. r,§ k a (INST#20181030000891880) Ig GPIN 14598182320000 ,\ I�aS • PUBLIC DRAINAGE EASEMENT I 15'AND VARIABLE WIDTH 5'DRAINAGE 8 DOMINION VIRGINIA POWER,VERLZON UTILITY EASEMENT --1.—....1 4.,,-- S COX COMMUNICATIONS EASEMENT (1NST 1120161026000969440) (M.B 79.P 49) ( (INST I20161028000975690) j (1NST 020161205001103750) i ! (INST 970161216001139330) \ PUBLIC DRAINAGE EASEMENT '�--4-T______-- (INST d20 18 0 608000 469280). + {INST 020180531000442410) : I `- - `\ (INST F2018103000i0891860) ii t �. f I ' R.5" L.19.54' O F `; 1 i 1 _q< N14<6'4I W J66 36 L�3.65' 30'DOMINION VIRGINIA POWER. - VER/ZON a COX N24 46''AYW COMMUNICATIONS EASEMENT +72+' TOLL/VER ROAD (INS (INST 420180531000442410)MIST /NST 70'R1GHT-OF•WAY (INST IG0180717000581350) 810+8f T 4894 0J(/NST 4rT016t0?6p00875690) (INST 920180813000666 ) ((INSr�18 31 0J(/NST#2018f0 T 01 BOIOA67420J(INST#20 18 1030 0 0 0891880) NOTES 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED LW THE VIRGINIA STATE PLANE COORDINATE SYSTEM.SOUTH ZONE,NORTH AMER/CAN SCALE 1-=30' DATUM 199301993(IIARN).THE CITY OF VIRGINIA ___ BEACH CONTROL REFERENCE POINTS USED TO 0 30' 80' ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 3/3 AND PS 316. 2 THIS EXHIBIT IS FOR STREET CLOSURE STREET CLOSURE EXHIBIT PURPOSES AND DOES NOT CONSTITUTE A OF 15'STREET DEDICATION SUBDIVISION OF LAND. (KB.79,P.49) VIRGINIA BEACH VIRGINIA NM 5441,4.4 MIMI=.T f+4 Date:01-28-21 Scale:I -30' VINOW1111 SOWN OP.xc .o..,aros.a:eao.wyysr rns .`,..NO.tr,No+•sue w+.%»I t..w+r.».+: Sheet I all J.N.:39258 ,•,'+'a11).iS I r.r oso;.o ins.......r•,..c, Drawn by:KT Checked by:THF TIMMONS GROUP ••''•a. DHW Joint Venture, LLC Agenda Items 4&5 Page 5 Private Road Exhibit MATCHLINE SHEET 1 1 1::.- { PART OF PLAT NO.4 111 .. (MB.117,P.45) 1 / l t:... l DHW JOINT VENTURE,LLC t` 1 (INST#20 180525000 428 70 0) �� r GRIN 14599122080000 /i } -1 �,�o11 _- },:::.:: .1 APPROXIMATE 9 .a.. X _~_, k" LOCATION OF PARCEL'1-D' 1 (INST#20061218001881190 t`''.,'v'" 20'PRIVATE ROAD tt (MB.7,P.45) -' N/F \ t : :\ TO BE CLOSED S&J TRUCK TERMINAL, t..iti' -1 INCORPORATED. ••x•••` A I --—GP IN 14599029840000 �..,...,,:.:1 \ ,1 �` 11 ta,THOF 11 11rgf1: ,,.'•:•--$ �1 +hf;y0414es. 1 1 t-:�::`::::::. \` PART OF PLAT N0.5 1 �f y X:;;:..- ' (M.B.7,P.45) ERIC S. PATTERSON a I '9 1:'::::::e. Avr Lic. No. 2412 11 1 •'.. DHW JOINT VENTURE,LW 1 { 11 (INST#20180525000428700) o6-c7--Z, 1 r`, :, ``] <qt) �,4- 11 ;(:�;`iii.� GPIN f4589f4202IX100 ''I SJR 20'MAINTENANCE EASEMENT } 1 (INST#20161028000975700) }1 { —h` (INST#20161026000969320) St oXINIP TE L EPR T 1:r :...1 \ APPR PGO EAS 218) VARIABLE WIDTH PUBLIC _—— 5 150' 8 321.P• 124) IMPOUNDMENT EASEMENT } I' ;{ D• P• (INST#20 16 102800 09 75 70 0) ! I.i.,..;.,{ , (II',322 P.�)) .(INST#20161026000989320) ., (D.a 332.P. 30:08.83'PRIVATF ii.:-- ;) t (D• 34.t,P. DRAINAGE EASEMENT \ (D.B.2874,P.1440) -8.20'},z0.60 59 _ PS' S2B'Ob 'W 7 97.28' S25°4100'W 165.171 S26°0027'W j �563°5953"E PARCEL I/-A 18.84' (INST#20170823000721480) i___ 880 36'TO TOLLIVER ROAD (INST#2018120700100B000) FIRST VIRGlN/A N� LAND TRUST ' ROAD NO.4 (D.B.2857,P.1175)(D.B.2188,P.1791) 20'PRIVATE ROAD OP/N 14690008010000 —— (UNIMPROVED) —— (MB.7,P.45) --'_ (MB.55,P. 15) —-- N/F I SBJ TRUCK TERMINAL, .�_---- INCORPORATED GP IN 14 y 1 STREET CLOSURE EXHIBIT SCALE 1'=40' OF 20'PRIVATE ROAD 981 (M.B.7,P.45) 0 40' 80' VIRGINIA BEACH VIRGINIA Date;01-28-21 Scale:l"=40' THIS DRAWING PREPARED AT THE Sheet2 of 2 J.N.:39258 vs1®OA t7EA[II WWI MI.' ACMEVFO THaoucn was 1901 Seen ET",0we"Reed.SA.100 1*OVA eexn VA 13151 Drawn by:KT Checked by:ESP TEL 1V 11315619 FAX 151.340 1415 Ayr*tinmorc.mn Revised Date;05-07-21 TIMMONS GROUP .••'• . DHW Joint Venture, LLC Agenda Items 4 & 5 Page 7 Private Road Exhibit RESIDUAL AREA FAST" N24 J6Q3"W (1NST#20180531000442410) N/F DHW JOINT VENTURE,L.L.C. 17.21 . (INST#20181030000891880) ,\: „\ '`,\ GPIN14598182970000 //5„1 i \ \��,`','?�yk Cif 4SOCi -, ', - . y v•s.5.-i(4, IP p'pq -. �4g."°e�r pP ,'l RESIDUAL \ \ ' �/ AvsJ " Q i PROPERTY EAST' //TOLLIVERROAD (INST#20 16 1 02600096944 0) ` N/F N60`42'39 F 70'RIGHT-OF-WAY DHW JOINT VENTURE,L.L.C. 25.01' �i (INST#20161026000969410) (1NST#20181030000891880) ` i (INST#20 1 6 1 0280009 75690) GPIN 14598182320000 (INST#20161026000969440) _I `� -- (INST#2016I028000975690) --—--—--—-- (INST A20180531000442410) .1 (INST#20181030000891880) 15'STREET (INST#20181018000857420) DEDICATION I -.1 (INST#20181030000891880) (M.B.79,P.49) -.I:;:`:.;`:.fita PART OF PLAT ND.3 1 .7� (M.B.7,P.45) W �::.:...,1 N/F Sin : � DHW JOINT VENTURE,L.L.C. E .� ,'H op (1NST#20180409000288790) '4::: .w 1, GPIN 14599103730000 `...,..-, .)9 I 4 s. :1j o ERIC S. PATTERSON ' APPROXIMATE__1 . ,1 Lk, No. 2412 LOCATION OF ( , .1 05.-07,2.I 20'PRIVATEROAD I.._,.,.; (M.B.7,P.45) .,::,'.:1 4 ED \1£ TO BE CLOSED 1::::: ;:.,1 s:z ';9 sf'.4I F I WO' PART OF PLAT NO.4 i (M.B.7,P.45) G,[`. >.I N/F NOTES i 1. THE MERIDIAN SOURCE OF THIS PLAT 1S BASED DHW JOINT VENTURE,700LLC ff ON THE VIRGINIA STATE PLANE COORDINATE (INST/N 14599122060000 4 599 12 20 6000 000) t ...�''.:';:'.1 SYSTEM,SOUTH ZONE,NORTH AMERICAN GPIN 14599122080000 «;;;:_•;;;'i DATUM 1983/1993(HARN).THE CITY OF VIRGINIA miniiiirmon BEACH CONTROL REFERENCE POINTS USED TO MATCHLINE SHEET 2 ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. STREET CLOSURE EXHIBIT 2. THIS EXHIBIT IS FOR STREET CLOSURE OF 20'PRIVATE ROAD PURPOSES AND DOES NOT CONSTITUTE A (M.B.7,P.45) SUBDIVISION OF LAND. VIRGINIA BEACH VIRGINIA Date:01-28-21 Scale:1"=40' THIS DRAWING PRERAALED AT'NE Sheet 1 of 2 J.N.:39258 VaCIIaA NEAC,°Ml2 ttAP VIs1ON ACw EVE'' '45'2001 sew, s,Lyn...RAW, a 200 I enq:+a earn,VA 21452 Drawn by:KT Checked b y:ESP TEL 757.213.6679 EAY 757.340.1415 wmr.Emmons corn Revised Date;05-07-21 TIMMONS GROUP .•''� '. DHW Joint Venture, LLC Agenda Items 4 & 5 Page 6 N X mi et , .\\'''4,-. w „7,,," at 1 "7-1 mid, x ii r P " "i / r . / 1 1v — 'o ,, ! ,a v " 400, Y4wfa Av %V Y,A . 11a� a G .0. . M _. Disclosure Statement Disclosure Statement Planning€;Community Lk,'elnpnient The disclosures contained in this form are necessary to inform public officials wha may vote on the application as to whether they have a conflict of intereat 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 peach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name DHW Joint Venture,LLC,a Virginia limited liability company Does the applicant have a representative) ■Yes :No • sea,list the name of the representative f.tdward Bourdon,fr.,Esq.,Sykes,Bourdon.Ahern&levy,P C. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?[]Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a Nat if necessary( Bradley i evartrer,Manager:BWGM HokAngs.tLC(Sole Member) • if yes,list the businesses that have a pare^t subs-diay o'affiliated business entity retationsrep with the applicant lAttach a list if necessary) See Attacred •'Parent subsidiary relationship"means'a relationship that exists when one corporation earthy o'indirectly owns shares possessing more than SO percent of the voting power of another corporation" See State and total Government Conflict of Interests Art,VA Code 4 2 I 3101 Affr sated business entity relationship'means"a relationship,otter than parent su5ssdaary relationship,!hat exists when►il one business entity has a controlling owners,p interest in the other business entity,(t)a controlling owner in one entity is also a controlling owner an list other enter.a:pia)there rs shared management or control between the bus nest entitles. Factors that should be considered it determining the existence of an affiliated business entity relationship include that me same person or substart.:ally the same person awn ar eia-age the lure entities;there are common or c mfit-inK ed tends Or assets,the business ente es share the use of the same offices or employees or otherwise sha'e artvitur5,•esos roes or personnel on a regular basis,or there s otherwise a close working relat=onshio between the entities Sri'l'ate and toga`tiawet Inert Confect of Interests Act,Va. Code 4 13-3101 1l DHW Joint Venture, LLC Agenda Items 4 & 5 Page 9 Disclosure Statement Disclosure Statement Planning&Community De elopment 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 J 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 of any business operating or to be operated on the property? CYes ■No • If yes,identify the financial institutions providing the service. 2. Doer 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 lit the application or any business operating or to be operated on the property?It Yes 0 No • It yes,identify the firm and individual providing the service BDO 4 Does the applicant have services from an architect/landscape architect/land planner provided.n 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 Poole&Poole Architects&Timmons Group 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. DHW Joint Venture, LLC Agenda Items 4 &5 Page 10 Disclosure Statement Disclosure Statement 1/13 Planning 8;Comrnunit� 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 he operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service Timmons Group 13. 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?S Yes 0 No • If yes,identify the firm and individual providing the service R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement f nrm is compute,true,and accurate, I under ct,:rr.d 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 applicaion. DfiW Joint Venture,LLC By Applicant Signature Bradley1.Waitrer,Manager Print Name and Title Date Is the applicant also the owner of the subject property? ®Yes El—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 r)E1 I No changer as Data 6/15/2021 sic-tve � «_ Marchelle L. Coleman 31 DHW Joint Venture, LLC Agenda Items 4 & 5 Page 11 Disclosure Statement Affiliates of DHW Joint Venture,LLC 1 WTZR MS,LLC: 2 Dennis R.Deans Irrevocable Trust; 3. Afton Associates,LLC; 4. Archers Green I.,LLC; 5 BBD.Inc; 6 BKW,LLC; 7 Bnbra Baker,Inc.; 8. Bribra Building Corporation; 9. Bribra Cahoon,Inc.; 10 Bribra Deep Creek,Inc.; 11 Bribra Hillpoint Corporation; 12 Bribra NP Corp.; 13 Camden Private Capital Corporation; 14 0&B Automotive Investors,LLC; 15 Debribra,LLC; 16 HCA Services,Inc; 17 IWC Residential,Inc; 18. Mola,LLC; 19 Mowill,LLC; 20. Murray Wholesale Drug,Corp.; 21. Ocean Bay Homes,Inc; 22 Oceana Partnership I; 23 Parker Crossing,LLC; 24. Platinum Homes,Inc.; 25 Roche Builders,Inc.; 26 Rudee Investment;LLC; 27 Rudee Management,LLC; 28. SC Holdings,LLC, 29 Signature Management,Corp.; 30 Platinum Management,Corp.; 31. Mopow,LLC; 32. Silver Hill,LLC: 33 Volvo Brookside Associates,LLC; 34. Waitzsp,LLC: 35 Moyork,LLC; 36. Dakota Investment Group,LLC, 3?, Chazdak.LLC; 38. 8JW Farn,LLC, 39 Bribra Acquisitions Corp; 40. Edwin S Waltzer.Bradley J.Waltzer.Trustees,Waltzer 2012 Grandchildren Trust,DBA as Professional Centers,Medical Arts Building.Commercial Place; 41 BJW Legacy,LLC. 42. BJON Holdings,LLC, DHW Joint Venture, LLC Agenda Items 4& 5 Page 12 Disclosure Statement 43.The Pearl at Marina Shores,LLC; 44. MS Renaissance,A Condominium; 45. BWGM Holdings,LLC; 46. Richard M.Waltzer Irrevocable Trust; 47. Leah and Richard Waltzer Foundation; 48 Leah W.Waltzer Revocable Trust; 49. Silver Hill at Thalia,LLC; SO. D and B Automotive Investments,LLC; 51. D and E Family Partnership I; 52. D and E Family Partnership It; 53. Waterboxes,LLC; 54.Gale.M.Higgs DHW Joint Venture, LLC Agenda Items 4& 5 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. DHW Joint Venture, LLC Agenda Items 4&5 Page 14 Item #4 & 5 DHW Joint Venture, LLC [Applicant & Property Owner] Street Closure (15-foot Street Dedication) Street Closure (20-foot Private Road) 15-foot street dedicated adjacent to 50-foot Norfolk & Southern Corp right-of-way 20-foot Private Road northeast of Tolliver Road cul-de-sac June 9, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: 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 12 items on the consent agenda today. The first two items are being read together. It is agenda item four and five DHW Joint Venture, LLC; a street closure for 15 — for 15-foot street dedication and the street closure for 20 foot private road. It's located in the Bayside District. Is there a representative for this item? Mr. Bourdon: Thank you, Mr. Vice Chair Wall, Chairman, members of the Commission Eddie Bourdon, Virginia Beach Attorney representing the applicant. We appreciate this item being placed on the consent agenda. All the conditions as recommended by staff are acceptable to my clients. I appreciate Marchelle's good work on this request. Thank you. Mr.Wall: Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Redmond to read this into the record. Mr. Redmond:Thank you, Mr. Wall, the applicant is seeking to close a 397.84 square foot area shown on the 1969 plat as 15-foot dedicated to City of Virginia Beach for road purposes, and a 20-foot private road established by a 1924 plat, the private road. Both areas are adjacent to parcel that were rezoned on July 11th, 2017, from R- 5D residential duplex district to Conditional A-36 Apartment district to develop the Burton Station Apartments. This is what we call a housekeeping matter. This small road will be closed to clear up the title issue and allow the project to be moved forward. And then financial consideration between the applicant and the City will happen. It is only 397 feet, so it's not going to be a lot of money. But, they'll work that out privately between themselves. There is no opposition. There's really nothing substantive about it beyond that and the Commission therefore, places it on consent. Thank you, Mr. Wall. Mr.Wall: Okay,thank you.That was the last item on the regular consent agenda.The Planning Commission also places the following applications for Conditional Use Permits for Short Term Rentals on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in 1 opposition. These include agenda item number 28 Dan & Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay, just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, 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. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: 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 items 4, 5, 6, 7, 8, 9, 13, 19,20,21, 24, 25, 28, 31, 37, 38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Because the street closures are a formality to clear up a title issue, which could be an impediment to the redevelopment of the property, it is recommended that a purchase price be waived for these closures. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the Street Dedication and the Private Road into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closures of the Street Dedication and Private Road shall each be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the proposed areas, this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by 3 the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 L______ 0 i r -1 1 1 71 L__, ti _,_, — R5S L RT3 II — 7 L i r2 c:4 Norfolk Avenue Norfolk Avenue -1 t ' ,7 ,-- ' a „ 0. A "%Al2�'' r \ '' 1 'Willig. Ire, , V; , s‘ , ' Ilkcv ., 1. ' Ilk ii. .• ..0 . 2 .. 11111111111 A a � R5S J , L 1111 cv RT3 _ 111*S1 %' \ ' _ ____--3-'-- --- \--.- A1'8 N WA Site Ocean Rental Properties, LLC W A , ; 1 Property Polygons Portion of unimproved right-of-way south of s 0 Zoning Norfolk Avenue and north of 516 & 518 Building Norfolk Avenue Units A & B Feet 012.55 50 75 100 125 150 1 Parking Lot Drive Aisle C , (......../w°e+cy J2 f0 �'1N s, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance Approving Application of Ocean Rental Properties, LLC (now known as ORP Ventures, LLC) for the Closure of Approximately 1 ,151 Sq. Ft. of an Unimproved Portion of 10th Street (formerly 13th Street) Adjacent to Norfolk Avenue MEETING DATE: July 6, 2021 • Background: Ocean Rental Properties, LLC, now known as ORP Ventures, LLC, a Virginia limited liability company (the "Applicant") requests the closure of approximately 1 ,151 sq. ft. of an unimproved portion of 10th Street (formerly 13th Street) (the "Right-of-Way"), adjacent to 516 and 518 Norfolk Avenue, for the purpose of incorporating the Right-of-Way into the adjoining properties. • Considerations: On October 20, 2020, the City Council approved a Conditional Use Permit ("CUP") for short term rentals at 516 Norfolk Avenue. However, because the current parking arrangement was a safety concern, a condition of the CUP required that the Right-of-Way be approved for closure and incorporated into the adjacent properties so that the required parking spaces can be safely accommodated. The Viewers determined that closure of the Right-of-Way, with the conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. • Recommendation: On June 9, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval by a recorded vote of 7-0, with the following conditions: 1. The access point in front of 516 Norfolk Avenue shall be closed and curb and gutter shall be reinstalled along this portion of Norfolk Avenue. 2. No more than two (2) vehicles shall be parked in front of 516 Norfolk Avenue, between the building and Norfolk Avenue. 3. A fence shall be installed along the front property line and plantings shall be planted to screen the parking area. 4. The existing gravel in front of 516 Norfolk Avenue, between the building and Norfolk Avenue, shall be removed. Ocean Rental Properties, LLC Page 2 of 2 5. A parking agreement between the property owners of 516 Norfolk Avenue and 518 Norfolk Avenue shall be recorded within 180 days from the date of approval of this request. 6. The fence located in front of 518 Norfolk Avenue shall be relocated to not encroach into Norfolk Avenue unless an encroachment request is granted by the City. 7. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 8. A public utility easement(s), extending 5 feet in each direction of the water service lines and water meter boxes shall be recorded prior to final street closure approval. 9. The Applicant shall resubdivide the properties and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. 10.The Applicant or the Applicant's successors or assigns shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 11.Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/? 1 ORDINANCE APPROVING APPLICATION OF 2 OCEAN RENTAL PROPERTIES, LLC (NOW 3 KNOWN AS ORP VENTURES, LLC) FOR 4 THE CLOSURE OF APPROXIMATELY 1 ,151 5 SQ. FT. OF AN UNIMPROVED PORTION OF 6 10TH STREET (FORMERLY 13TH STREET) 7 ADJACENT TO NORFOLK AVENUE 8 9 WHEREAS, Ocean Rental Properties, LLC, now known as ORP Ventures, LLC, 10 a Virginia limited liability company (the "Applicant") applied to the Council of the City of 11 Virginia Beach, Virginia, to have the hereinafter described portion of an unimproved 12 right-of-way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of an unimproved right-of-way (the "Right- 24 of-Way") be discontinued, closed and vacated, subject to certain conditions being met 25 on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and being 28 in the City of Virginia Beach, Virginia, designated and described as 29 "1,151 SQ. FT. 0.026 ACRES", shown as the hatched area on that 30 certain street closure exhibit entitled: "EXHIBIT 'A' OF A 1 ,151 SQ. 31 FT. (0.026) PORTION OF PROPERTY NORTH OF BLOCK 27, 32 SHADOW LAWN HEIGHTS (M.B. 7, P. 14) AS DESCRIBED IN 33 DEED BOOK 1387 AT PAGE 151 VIRGINIA BEACH, VIRGINIA", 34 Scale: 1" = 25', dated October 6, 2002, prepared by WPL, a copy 35 of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1 . The access point in front of 516 Norfolk Avenue shall be closed and curb 43 and gutter shall be reinstalled along this portion of Norfolk Avenue. 44 45 46 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 47 (Adjacent GPINs: 2427-04-7261-0001 , 48 2427-04-7261-0002 and 2427-04-8118) 49 2. No more than two (2) vehicles shall be parked in front of 516 Norfolk 50 Avenue, between the building and Norfolk Avenue. 51 52 3. A fence shall be installed along the front property line and plantings shall 53 be planted to screen the parking area. 54 55 4. The existing gravel in front of 516 Norfolk Avenue, between the building 56 and Norfolk Avenue, shall be removed. 57 58 5. A parking agreement between the property owners of 516 Norfolk Avenue 59 and 518 Norfolk Avenue shall be recorded within 180 days from the date of approval of 60 this request. 61 62 6. The fence located in front of 518 Norfolk Avenue shall be relocated to not 63 encroach into Norfolk Avenue unless an encroachment request is granted by the City. 64 65 7. The City Attorney's Office will make the final determination regarding 66 ownership of the underlying fee. The purchase price to be paid to the City shall be 67 determined according to the "Policy Regarding Purchase of City's Interest in Streets 68 Pursuant to Street Closures," approved by City Council. Copies of the policy are 69 available in the Planning Department. 70 71 8. The Applicant shall resubdivide the properties and vacate internal lot lines 72 to incorporate the Right-of-Way into the adjoining parcels. Said resubdivision plat shall 73 include the dedication of a public utility easement, subject to the approval of the 74 Department of Public Utilities and the City Attorney's office, which easement shall 75 include a right of reasonable ingress and egress. 76 77 9. The Applicant shall verify that no private utilities exist within the Right-of- 78 Way proposed for the closure. If private utilities do exist, easements satisfactory to the 79 utility company must be provided. 80 81 10. Closure of the Right-of-Way shall be contingent upon compliance with the 82 above stated conditions within 365 days of approval by City Council. If the conditions 83 noted above are not accomplished and the final plat is not approved for recordation 84 within one year of the City Council vote to close the Right-of-Way this approval shall be 85 considered null and void. 86 87 SECTION III 88 89 1. If the preceding conditions are not fulfilled on or before July 5, 2022, this 90 Ordinance will be deemed null and void without further action by the City Council. 91 92 2. If all conditions are met on or before July 5, 2022, the date of final closure 93 is the date the street closure ordinance is recorded by the City Attorney. 94 3. In the event the City of Virginia Beach has any interest in the underlying 95 fee, the City Manager or his designee is authorized to execute whatever documents are 96 requested, if any, to convey such interest, provided said documents are approved by 97 the City Attorney's Office. 98 SECTION IV 99 100 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 101 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 102 VIRGINIA BEACH as "Grantor" and ORP VENTURES, LLC; OCEAN RENTAL 103 PROPERTIES, LLC; ROBERT ARTHUR PERKINS, JR. and MARGARET BURD 104 PERKINS; and THOMAS J. SCHWARTZ, JR. and COLLEEN HURLEY-SCHWARTZ, 105 collectively as "Grantee". 106 107 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 108 of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LuArn, q, 014714,4471/1/ Planning Department City Attorney CA15201 \\vbgov.co m\dfs 1\applications\citylaw\cycom 32\wpd ocs\d022\p044\00735035.doc R-1 June 24, 2021 C ' 0g) VIRGINIA STATE PLANE o o�' ,W) (M/� Q3W COORDINATE SYSTEM, SOUTH a3 (�` .d Nd��11 ZONE, NAD,1Z (1993 HARN) MI ��oill 3n d ON I ea �Illllllllllllllliii CO ril o y 0 IIIIIIIIIIIIIIIIIIIII�� "'\r. e � 1:l •• PO �' 0) ICI Ng IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ^m \ ti ''a ^j QJr 07' \ � ^ % vv � n Z o co o v � �N O I � � 1-3 _ c7 T m II N • a SA 0) N1 II Cil p — W_ N.) Z •7 \ O V l' rn ~ x — co \ m � ; — � a i"i t� IV ,r — c \ v Co xi I-- c-. bZ v1 y �" \ O � I m ti td z � x `�N '▪ ' z 0 o -13 C' o ►:$ y `OO.00Z M <▪ mm � fre 02 x • 00°� J xZ Cp 0 NN O � D � to 'V iV I 3> I— �J / .. CO on`1 N CtJ � � cn I "-C � � '� :—, r...) ��\ I e '� rn am .• N N CA I )"I o o ---\Z oo O \ fa 0 /N . 4)� � Srt co o Lg'x to 1'' O � O f tto\ Iv az, Iv r o ao_ I ! I - c) SY00'00� OZ,�S'�� S ��, �� A •`C) v C) % n ni r , OZ 3 a o 0 O Cn r- IM 73 o N D 0 o �CO5 0 A � fTl ' ', dI ' w ^'rZ o / N 7C T \!3Applicant Ocean Rental Properties, LLC Agenda Item Property Owners Ocean Rental Properties, LLC; Robert Arthur,Jr. & Margaret Burd Perkins; &Thomas J. Schwartz & Colleen Hurley- Schwartz9 Planning Commission Public Hearing June 9, 2021 Virginia Beach City Council Election District Beach Request Street Closure + Staff Recommendation sepcnrAr l. ,, - ` -`-1 s11t*� i� 9'1 ii �rtip Mp,��A �� Approval v.o, `!, --_r•:`b,n \ - `. 'se.`"fn met --- <` ( z 4 Staff Planner _,.raster \ \ Hoa N. Dao "Ash� _�I� j_1''�) � a ; Location --'�"' J _: Atiev �` °"' sic Portion of unimproved right-of-way south of ; ;- - waraa -_tom---- ___I__ s••,,` Norfolk Avenue and north of 516 &518 Norfolk s ; /It„•.t \,...„.. Avenue Units A& B ' _0,sw"`�� °• f l'""'� Adjacent GPINs .A�•0..- > \ , �.\aw. Ir s*N 2427048118, 2427047261 t--� ,,.►.••°°' °u�_ > `pan'., Site Size ` s `°" I _,4b^° « . 5 \ ,\\ 1,151 square feet 1< `�`\°Pn\nr P�•°� k«rac ik w coo,"AvY• j A��S,r.• Less than 65 dB DNL \i Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way ' . Surrounding Land Uses and Zoning Districts P. . ,,,__ -"• North a Norfolk Avenue �' :` -, - j Single-family dwellings /R-5S Residential �� South ' Single-family dwellings, duplex/A-12 ,k 7:. . .r i Apartment East r .,: :,-..; Single-family dwelling/A-12 Apartment '. '" i West t y -. Church/A-12 Apartment ► ;-- '\ rs_ • �: Ocean Rental Properties, LLC Agenda Item 9 Page 1 Background & Summary of Proposal • On October 20, 2020 City Council approved four Conditional Use Permits for Short Term Rentals at 516 Norfolk Avenue. A condition of approval was to seek a Street Closure request for the unimproved portion of the right-of- way in front of 516&518 Norfolk Avenue to improve and provide parking on the subject property and not within the Norfolk Avenue Right-of-way. As such,the applicant is following through on that request and is working with the property owners to the east at 518-A&518-B Norfolk Avenue to request a Street Closure in front of both of these lots. • The approved parking plan for the Short Term Rentals shows six parking spaces in the rear yard and two parking spaces in front of 516 Norfolk Avenue. There are four units,totaling five bedrooms, within the building;thereby, exceeding the parking requirement for Short Term Rental by one space. • The submitted street closure exhibit shows the proposed closure area to be approximately 1,151 square feet. The closure area will be incorporated into the two adjacent residential lots. L T-LAI-1 . L i - -}1 ri. L.,_- [ \ \_L _i L TT- ; \ \I ,, I ' IL:__h i -i-, Norio"Avenue Zoning History —\ „_ . \ 1, # Request �� I� �`% 1 `, j 1 CUP(Short Term Rental)Approved 11/17/2020 t \_ . _ ,t�"'-- \ \ 2 CUP(Short Term Rental)Approved 10/20/2020 ', ,k____\‘Vii\ \.. ' 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 As required by City Code,a Viewers' Meeting was held on January 4, 2021,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney, to consider this request. A second Viewers' Meeting was held on April 20, 2021 to review alternative street closure layouts presented by the applicant.The Viewers determined that the proposed closure area, with the recommended conditions, will not result in a public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. The approved parking plan associated with the Short Term Rentals shows six parking spaces located in the rear yard of the property.Access to the rear parking area is by a 16-foot wide access easement located between the property line of the two lots. Two of the six parking spaces in the rear of the property is designated for Unit B of 518 Norfolk Avenue by verbal agreement between the property owners. A condition is recommended for the recordation of a parking agreement for the two spaces located on 516 Norfolk Avenue for Unit B of 518 Norfolk Avenue. There is an existing curb cut in front of 516 Norfolk Avenue for vehicular access.This access creates an unsafe condition for pedestrian and Ocean Rental Properties, LLC Agenda Item 9 Page 2 vehicular traffic as vehicles cross the pedestrian sidewalk and back onto Norfolk Avenue. Condition 1 is recommended for the removal of this access point. Currently, the fence located in front of 518 Norfolk Avenue impede into unimproved portion of the right-of-way.The fence will still encroaches into the right-of-way after the street closure. Condition 6 is recommended to resolved the encroachment issue. The Department of Public Utilities has recommended that a utility easement be retained over the area where there is an existing line and meter that serves these properties, as provided in Condition 8. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The access point in front of 516 Norfolk Avenue shall be closed and curb and gutter shall be reinstalled along this portion of Norfolk Avenue. 2. No more than two(2)vehicles shall be parked in front of 516 Norfolk Avenue, between the building and the right-of- way. 3. A fence shall be installed along the front property line and plantings shall be planted to screen to parking area. 4. The existing gravel in front of 516 Norfolk Avenue, between the building and right-of-way, shall be removed. 5. A parking agreement between the property owners of 516 and Unit B of 518 Norfolk Avenue shall be recorded within 180 days from the date of approval of this request. 6. The fence located in front of 518 Norfolk Avenue shall be relocated to not encroach into the right-of-way unless an encroachment request is granted by the City. 7. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 8. A public utility easement(s), extending 5 feet in each direction of the water service lines and water meter boxes shall be recorded with the Clerk Circuit Court prior to final street closure approval. 9. The applicant shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 10. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 11. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Ocean Rental Properties, LLC Agenda Item 9 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be any significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27, 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 June 21, 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 July 2, 2021. Ocean Rental Properties, LLC Agenda Item 9 Page 4 Proposed Street Clousure Exhibit \ moo ' . _ � cm W ''isod z - 3 as N^ Q • `D.ISN c, M W $• Ndz 2ap0. Z 2 z < 48 0 13.57,20. E 100 00 Q W on ZN * _ 5 m 000 m v 1I ao 0 L. � gra N Iiii �� \�a Z kt \7.;,° Zoe \ ;'= ol: :70;.4,,i.l..1 C ..a; N vo3 NN 1Q0.00 W WWI. �. 200'OO' L3 � 0 = ` 13'57'20. W L O O Q U U W Ct I 3� ` 0 LL o N W h , U) � Q (.0 r ii (n w LO U ^ 0 1 W ^ `c O O c WE`D ` trl1 V ?,-.5- AA I ''^^ ! % CO km44 � m , OG o ,N (N2/611 F6610 £961 OW 3N0Z D''r�R(14.1 co icAN AVE ' 7, xlnos IV31.Sls 3rt�Nr021o0,7 ME(50 VW) 3NV1d 31115 67N/921P1 Ocean Rental Properties, LLC Agenda Item 9 Page 5 Approved Short Term Rental Parking Plan -C -o N , �, OD co C W C O W O ,- v) C 00 Y_ {_+ u a ++ C C_ v Y ,--4 O ,- V1 V1 O U Y U L Ln L C C C i rp O CD X O 'x " . O 'a 4J ru r. L W U W CIO a. U (o . a a O Z Q I -,it y C9 Y2 ` - 4 LV k a o QOS5 \6 &tCV K 1. •$ W Ct Q. � ('^ �c5o a °23_0 30\ (D( c5 j ? P\IA 20PG 15i , .� 2 34 , 4.-.cc a rn 2QQ� ZWEz� Q Q 35��y0• E10Q� Woa ✓ 51 o __in .,# N �[ o y tT W T. Q 111\l\'0 _ / _ 1 $ w 1\1111\ --t b� -ai . ••••• \ __ rm 1wl !� N k `V z _-roar) Za _. W ----� 2 • w _ ~ Q z m N 13'57 Q I iPQ •W � oa � LU � > N1- 50' s ° ' > 2 - a 21 1 a O O x + z l - �,.,, et zr L i : as w oEL < c _ c Z 'M ` c O N 0. L J Z Cp o \ ' CAN ! �E �rCRRA N Pa \L - 4) MEN, R/w' Ocean Rental Properties, LLC Agenda Item 9 Page 6 Site Photos • • *.1 -'' Ifir -- 91 -s s .-.. A 1 s _ 1114t,, lI IUF ; i!..-"lir-0 i I „it. h t. fry',.,...,..4...„ ..,.....„...,._ ,..........,.i,,,, , fimpwiz \\11 ,., is 1 _ ,..., __,. !,1,..ti .i!..iti- i i - r:,. „ , ti 1 � 11 ..„ L = ' �f .\i„,. 1 A v ■ i - f g `'',„ 0 ‘,: .: - a, . ._,. _,.. . Ocean Rental Properties, LLC Agenda Item 9 Page 7 Site Photos ` rf __._ �t.- M 11111(r 11111:11I111.Ulhk111 , , ... Ocean Rental Properties, LLC Agenda Item 9 Page 8 Disclosure Statement Disclosure Statement im Beach} Planning&Unanimity Devekiinnent 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 Ocean Rental Properties,LLC,a Virginia limited liability company Does the applicant have a representative? Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 'f Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Steven W.Bishard,Manager;John Bishard,Member • 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. 1ll Ocean Rental Properties, LLC Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement Ni13 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?0 Yes R; No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes * No • If yes,identify the financial institutions. 2 Does the applicant have a real estate broker/agent/reanor for current and anticipated future sales of the subject property? El Yes ICNo • If yes,identify the real estate broker/realtor 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes is: No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes . No • If yes,identify the purchaser and purchaser's service providers. 2l Ocean Rental Properties, LLC Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement Nanning&Community Dopment - • - • 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 X No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application a any business operating or to be operated on the property?WE Yes 0 No • If yes,identify the engineer/surveyor/agent. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?11 Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. R.Edward Bourdon,Jr.,Sykes,Bourdon,Ahern&Levy,P.C.;Harry R.Purkey,ir.,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam 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 Steven W.Bishard,Manager Print Name and Title Date Is the applicant also the owner of the subject property? X Yes 0 No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All dbctosur es must be updated two(2)weeks prior to any Planning Commissior,and City Councir meeting that pertains to the applications ® No changes as of cut* !06.16.2021 men.4ne I""t"'�` I Hoa N.Dao 3I Ocean Rental Properties, LLC Agenda Item 9 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • if the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ocean Rental Properties, LLC Agenda Item 9 Page 12 Item #9 Ocean Rental Properties, LLC [Applicant) Ocean Rental Properties, LLC; Robert Arthur, Jr., & Margaret Burd Perkins; &Thomas J. Schwartz &Colleen Hurley-Schwartz [Property Owners] Street Closure Adjacent addresses: Portion of unimproved right-of-way south of Norfolk Avenue and north of 516 & 518 Norfolk Avenue Units A & B June 9, 2021 RECOMMENDED APPROVAL-CONSENT Mr. Wall: Okay, thank you. The next item is agenda item number nine. Ocean Rental Properties, LLC is the applicant. Ocean Rental Properties, LLC, Robert Arthur Jr. and Margaret Burd Perkins and Thomas J. Schwartz and Colleen Hurley- Schwartz are the property owners. The application is for a street closure and it is located in the Beach District. Is there a representative for this item? Mr. Bourdon: Thank you Mr. Chairman, Vice Chairman Wall and members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney representing the applicants. We appreciate being on the Consent Agenda. All 11 conditions,which set a record for a street closure, are acceptable. Appreciate Hoa's work on this. It is a complicated set of facts and it deserves the 11 conditions. Thank you very much. Mr. Wall: Okay. Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the commission is asked Mr. Alcaraz to read this into the record. Mr. Alcaraz: Alright. Thank you again. Again, this applicant requested four Conditional Use Permits on October 20, 2020. City Council approved four conditional use permits for the short term rentals at 516 Norfolk Avenue. A condition of the approval was to seek a street closure request for the unimproved portion of the right-of-way in front of 516 and 518 Norfolk Avenue to improve and provide parking on the subject property and not within the Norfolk Avenue right-of-way. As such, the applicant is following through on that request and is working with the adjacent property owners for the street closure. And for that reason, we put on the Consent Agenda. Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permits for Short Term Rentals on the Consent Agenda, as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan & Sara Bailey, 1 agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, 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. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: 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 items 4, 5, 6, 7, 8, 9, 13, 19,20, 21, 24,25, 28, 31, 37, 38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The access point in front of 516 Norfolk Avenue shall be closed and curb and gutter shall be reinstalled along this portion of Norfolk Avenue. 2. No more than two (2)vehicles shall be parked in front of 516 Norfolk Avenue, between the building and the right-of-way. 3. A fence shall be installed along the front property line and plantings shall be planted to screen to parking area. 4. The existing gravel in front of 516 Norfolk Avenue, between the building and right-of-way, shall be removed. 5. A parking agreement between the property owners of 516 and Unit B of 518 Norfolk Avenue shall be recorded within 180 days from the date of approval of this request. 6. The fence located in front of 518 Norfolk Avenue shall be relocated to not encroaches into the right-of-way unless an encroachment request is granted by the City. 7. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 3 8. A public utility easement(s), extending 5 feet in each direction of the water service lines and water meter boxes shall be recorded with the Clerk Circuit Court prior to final street closure approval. 9. The applicant shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 10. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 11. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 ., ?4‘>P �w w 5� co SC a p =• J w O E r.. op a) V N 5 NN w S. 0 o r X COC �4 Chi Z .N N� Q9a CC _ i' w Z -_ J05 Q CO tij >2 FL., \\,,,,____,..._,...___________„________. _ Y a 4 0,R° 5 Z o � _ O oK 84o-a" r r. 0 J r ' z W w 1 ..-----'------1 .: .X \-- R —.4-:; f x J 1 =2 sc C1 W N '± _QIil �" co cf a z li ` =Q W _ 4 J ' 1t 3i TQ -rZ -(r., 4\\\ 1. m 1\ ._.. CARR�P"-- .F CAE,,,,,, rilll- r-- N N !a,.., FARRI HEL-Ro _ 4 N �� fl 1 \ ,t,,tirla 00 SiN � S1) CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: Ordinance Approving Application of South Lynnhaven, LLC for the Modification of the Conditions of a Street Closure for a Portion of South Lynnhaven Road MEETING DATE: July 6, 2021 (DEFERRED: June 15, 2021) • Background: On August 13, 1984, City Council conditionally approved the closure of approximately 23,470 sq. ft. of South Lynnhaven Road (the "Street Closure"). Conditions of the Street Closure included 1) reserving an easement to the City for installation and maintenance of public utilities, and 2) reserving an easement to the City for access of emergency vehicles (collectively, the "Easements"). On May 20, 1985, City Council adopted an Ordinance for the extension of time to meet the conditions of the Street Closure and for the final approval of the Street Closure. South Lynnhaven, LLC (the "Applicant") is the current owner of an undeveloped parcel of land designated as GPIN: 1496-34-2200 (the "Property"). The Property, which includes 11 ,694 sq. ft. of the closed area, now contains approximately 19,338 sq. ft. (0.444 ac.) and is zoned B-2 Community Business District. The Applicant requests that the street closure conditions be modified to remove the requirement of the Easements on the Property to allow future development of the Property with a use compatible to the surrounding area. As requested during the City Council briefing on March 25, 2021, attached are additional documents that provide details of the Street Closure. • Considerations: Approximately 11,694 sq. feet (or 60%) of the Property is encumbered by the Easements, which makes it difficult to develop. The Property is also nonconforming, as it contains less than the minimum lot size requirement of 20,000 sq. ft. in the B-2 Community Business District. Modifying the conditions of the street closure to allow the Easements to be vacated would expand the buildable area on the Property. Staff has determined that the Easements are no longer required for a public purpose; and therefore, supports modifying the street closure conditions that required the Easements, so long as the Applicant, at its sole expense, either relocates or abandons any City infrastructure located within the Easements, subject to approval by the Department of Public Utilities. South Lynnhaven, LLC Page 2 of 2 One letter of opposition was received from an adjacent property owner, who noted concerns that the future development on the Property would negatively impact their property. • Recommendation: On May 12, 2021, the Planning Commission passed a motion by a recorded vote of 7-0, with 1 abstention, to recommend that City Council approve the request for modification of the 1984 Street Closure conditions by deleting the requirement of the reserved Easements, with the following 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 width 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: Ordinance Staff Report and Disclosure Statements 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 Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/(k. 1 ORDINANCE APPROVING APPLICATION OF 2 SOUTH LYNNHAVEN, LLC FOR THE 3 MODIFICATION OF THE CONDITIONS OF A 4 STREET CLOSURE FOR A PORTION OF 5 SOUTH LYNNHAVEN ROAD 6 7 WHEREAS, on August 13, 1984, City Council conditionally approved the 8 closure of approximately 23,470 sq. ft. of South Lynnhaven Road; 9 10 WHEREAS, on May 20, 1985, City Council adopted an ordinance for the 11 final approval of the street closure (the "Street Closure"); 12 13 WHEREAS, Conditions of the Street Closure included 1) reserving an 14 easement to the City for installation and maintenance of public utilities, and 2) reserving 15 an easement to the City for access of emergency vehicles (collectively, the 16 "Easements"); 17 18 WHEREAS, South Lynnhaven, LLC (the "Applicant") is the current owner 19 of an undeveloped parcel of land designated as GPIN: 1496-34-2200, consisting of 20 approximately 19,338 sq. ft. (0.444 ac.) (the "Property"); 21 22 WHEREAS, the Property is also nonconforming, as it contains less than 23 the minimum lot size requirement of 20,000 sq. ft. in the B-2 Community Business 24 District; 25 26 WHEREAS, modifying the conditions of the street closure to allow the 27 Easements to be vacated would expand the buildable area on the Property; 28 29 WHEREAS, City staff has determined that the modification of the 30 conditions of the Street Closure would not result in any inconvenience to the public; and 31 32 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 33 Virginia Beach, Virginia: 34 35 SECTION I 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The conditions of the Street Closure requiring the Easements on 41 the Property are hereby deleted. 42 43 2. A Deed of Partial Vacation to vacate the Easements on the 44 Property shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia 45 Beach, subject to approval of the City Attorney's office, within 365 days from the date of 46 approval of this action. 47 3. All City public utility infrastructure within the Easements on the 48 Property shall be relocated or abandoned, as determined and approved by the 49 Department of Public Utilities. 50 51 SECTION II 52 53 1. If the preceding conditions are not fulfilled on or before July 5, 2022, this 54 Ordinance will be deemed null and void without further action by the City Council. 55 56 2. If all conditions are met on or before July 5, 2022, the date of final closure 57 is the date the street closure ordinance is recorded by the City Attorney. 58 59 3. In the event the City of Virginia Beach has any interest in the underlying 60 fee, the City Manager or his designee is authorized to execute whatever documents are 61 requested, if any, to convey such interest, provided said documents are approved by 62 the City Attorney's Office. 63 64 SECTION III 65 66 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 67 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 68 VIRGINIA BEACH as "Grantor" and SOUTH LYNNHAVEN, LLC as "Grantee." 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on this 71 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: [1100 0(, ALVA" Planning Departrent City Attorney CA15221 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d022\p044\00735078.doc R-1 June 24, 2021 2 ,OS - .1 3 VOS 1. 11.101'au1111011SUrAtvcA Z JO t 133HS zz£6t MP •' b9Z6 06t-LSL 213)i A9 HMO :►.. 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Lf10S t o .Y. 27AYYd OLZZ-Z'SI3003 § ti Ca itiosand m1Y3Y31V1.5r A 38 01 03S0d0ad itti gi Iry , I z S3C 1N313113 S3WN30 X ir` "ci , o i 01 0 .._ (ftS ®v ,Y, UMW AMC: I A911 A►-.1 3Y 99Z'O 110 35 ►69'lt - V3 1 '03LY3YA 3.Z1.6L91N 31YOS 9*WY HO 38 01 03SOd011d ZS91 9d I.111 B0 AB 03LY31030 1N31'OSY3 55333Y 3136d1 A2430113!13 ONY SS3a93/SS31AM '3JYNYaO 'Amin 31 eV maw 31 �/MINA 1V1113d113d ONO. =C3 JO lcu d S3101130 .03 .0► A Applicant& Property Owner South Lynnhaven, LLCNIB Agenda Item Planning Commission Public Hearing May 12, 2021 City Council Election District Rose Hall 8 Virginia Beach Request Modification of Conditions Staff Recommendation �\y- ,c 111 a II Approval 4 Ferry Farm lane r g°whng Green Orivc i I Staff Planner ?4" / ryR°,d Hank Morrison (-----(1_,4 .,.61"'-ri' l_.�-- t note t Location 877 S. Lynnhaven Road \ : COCK. GPIN ; \J. ram, • 1496342200 �s`� =:quarefeet 40640Arrir- iiii 1°6y°°v„.. As; , ,,, 114610, AICUZ '» \\ +cam Greater than 75 dB DNL °,,; Watershed *ma / Chesapeake Bay Existing Land Use and Zoning District Undeveloped/B-2 Community Business . Surrounding Land Uses and Zoning Districts North South Lynnhaven Road Retail establishments /B-2 Community Business South Ole Town Lane Retail establishments/B-2 Community Business East s South Lynnhaven Road !• 4 Retail establishments/ B-2 Community Business West Retail establishments/B-2 Community Business 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. Zoning History # 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 j/, C Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—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/Documents/BookmarkedAgenda.pdf on June 11, 2021. South Lynnhaven, LLC Agenda Item 8 Page 5 Street Closure Exhibit 0' 40' 80' DENOTES PORTION OF EXISTING PERPETUAL VARIABLE ! NMIPUBLIC LIMY,DRAINAGE,INGRESS/EGRESS / _ AND EMERGENCY VEHICLE ACCESS EASEMENT DEDICATED BY DB 2414,PG 1652 PROPOSED TO BE GRAPHIC SCALE N78'19'12'E VACATED. AREA = 11,694 SF OR 0.268 AC 1•=40' 11.60'T y u, a�� PgPIJJAV crz ;F' ; r . b ook �t tea . ,,„ , age Q ( • �` T DENOTES EASEMENT LINES �• PROPOSED TO BE VACATED ? PURSUANT TO 1ARDNIA STATE N. Ti 4 CODE 15.2-2270 PARCEL A" A a y SOUTH LYNNHAVEN LLC (1/8 S7, PC 0 �, (INST. NO. 20090827001013970) PARCEL D-1 N I e (INST. NO. 20080620000731240) AVCVARD NEALTY, L.L.C. I GPIN:1496-34-2200 A NRG/N/A LAIRD L/ADL/IYCOMPANY AREA- 19,338 SF (OB J774 PC 156/) n OR 0.444 AC PARLM A•(MD 52,, PC 44 �!2 °YR40Ov cr PARCE/ :�'(ML1912 PC IV 16s\-- CLOSED PORTION Or s L 1J1o1NY.NNfN RCND 1 .1i m (091I/6, PC2077) ( el GX9AC 14 6-J4-o/65 /85/S L XNA'HAN RO40 8 o x -,s,a PERPETUAL nitric yam:: `C. D4AoVAAL' 11/04ESS/E0413S •P {f) AND[Mt/ruler ACCESS i 7 EASEMENT(08 1t/I, PG 1655) 54856'23'W 10.29' c` • y //• G3 4- 1---*— LS78'44'31'W�gy/- 68.84' NXD MIME LME(30' (A185,, PG 47%AA4 OZ PC JP%U8 122 PC 1!) EXHIBIT A EXHIBIT SHOWING PORTION OF PERPETUAL VARIABLE 1i10TH PUBUC UTILITY,DRAINAGE, .,�ti H op Df INGRESS/EGRESS AND EMERGENCY VEHICLE ACCESS EASEMENT DEDICATED BY DB 2414,PG 1652 44 • ✓ PROPOSED TO BE VACATED •0111PP• '• VIRGINIA BEACH, VIRGINA °JtFFI Y J. NERRETTrRa SIPTEMBER 23, 2020 SEE SHEET 2 OF 2 FOR Luc, 9-23-20200 M S A, P-C. NOS AD WR'E TABLE L9V 0 Ernvt■,aa oital Sciaic s•Planning•Sluvcvine a s uR�'E t n 1I&l'11YUotine tal)gales 11g•Landscape Archit flan: iiii�I..• 5032 Rouse Drive.Suite 100 iiie 1 M i CS 707, PAGE 4 uLI&I !►■ Virginia Beach.VA 23462 ■■ULt !IA DYM BY:KGR award •i..i 757490-9264 ■11: •i•.� ,IOBg 19322 ■•t/�:••■ %vv W.n saonIine.Wnl ■��:��■ SHEET: 1 OF 2 MOM mmm r■ SCALE: 1- - 50' South Lynnhaven, LLC Agenda Item 8 Page 6 tm -' m rD n 0 C hifef rD ii CYPARCIT , Applicant's a -- . _ Parcel rt -- 0'p • PS Closed 1,, Portion of S. DENOTES EASEMENT LINES Q > X HEREBY VACATED PURSUANT TO I VIREAV A STATE COOS 15.2-2270 Lynn h a v e n Rd RAieCEI A. 41 I SOUTH LYNNNAWN 11C (A49 57 PC 47) `g (MST. NO. 20090827001013970) PARCEL 0-1 200 Easement to N�. �y (MST. N0. 2008062000073t240) NCXl�A•97 RLrALIY, [.LG, GAN:1496-34-2200 „A Lazo n, p,WY AREA - 19,338 s< be vacated (08J7A£ PC1.S61J CR0.444AC PARCR A 52 P017'` - (0.268 acres) r Or PARaq A'(N.A? PC IV J .QED PCRITOY Or S (MBNYAIf7V ROAD (G19111& PC 2 27) . . fl Grxw�l4%-14-01Q5 y/S 1)lI9 MJO1 ROAD B v. Adjacent u>�1� .... .• Property PI-RPFIVA! Pallea4A,WAZ ss/E-CRISS l MO 1 Y ACCESS Pr' £4.QrWNT(08 1414 PC 1655) $48'56� g) o .c D 00 7 (D D 7 S U_ Iv a) < fD Iy m 7 fD �I W rl 8 aged 8 wall epuaay Jll `uaneyuuA 4lnos 4 1 F R , 11: 44:.°!"-. -I I I I I qp: ^11Wi'i r �l1sx' • /" soloyd a}!s Site Photos y f . r pt:dp , • .. .. s,: - *13' . Mir , ,. _ yr•-s.�.t��,� «rr = : . - - Y, ;no- - ' K _ South Lynnhaven, LLC Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement N/13 t is y at Virginia Btu* Planning&Community - - Development di 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? EU Yes 0 No • If yes,list the name of the representative John Merenda 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) 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 11.09.2020 1 South Lynnhaven, LLC Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement \iI3 Ciry•fViari•Bach ..., .-,_-,.,_—,._._ 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?I 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-collaterallzation,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 I 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? In 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?I Yes ❑ No • If yes,identify the firm and Individual providing the service. Rocklaine Finandal 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 0 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?II Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Client prefers not to disclose Fr-..-;rd i 1.09.2020 2 South Lynnhaven, LLC Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement Vi3 ,,:roft,ovvio&wit Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the 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 II No • If yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?In Yes 0 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 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. Ap leantSignetur• IX,77/4/AdJael, nt Name and Title John Merenda-Managing Member Date Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 06.04.2021 Signature Print Name Hoa N. Dao Revised 11.09.202() 3 I 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, 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.com7 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 CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning,Mr.Morrison. Thank you for your quick response.It is going to take me some time to find our paperwork on that street closure. I know it was my father and I believe thc previous owner.Vincent Mastracco.Sr.who petitioned thc 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 cnd 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 thc 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. 1 know the Wood family has tried for years to do something with this tiny panel.but 1 have to consider the impact to my property. Mary Joan Woodard Principal Broker/Business Manager Woodard Realty LLC est 1956 Woodard Mattagcmaq hi. 2464 E. Little Creek Road Norfolk_VA 23518 757-583-439 I Telephone `:. 5 City of VirgirZia Beach e‘ OF OUR toct Oa.s DEPARTMENT OF PLANNING MUNICIPAL CENTER OPERATIONS BUILDING, ROOM 115 VIRGINIA BEACH, VIRGINIA 23456-9002 2405 COURTHOUSE DRIVE (B041 427-4621 July16, 1984 To: Honorable City Council From: City Planning Commission Reference: Application #l4991 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 `L CITY COUNCIL ACTION: 'AUG t 3 1984 The following conditions shall be required: I. 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: UWE k1P`1' n 0 1°II5 - 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 - 1la - 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 lsrti 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. ATTONNtY AND COCNNI:LWN AT LAW.P.C. VINOINIA BEACH.VII4OINIA 11346E August 13, 1984 - llb - 1984, appointed Robert J. Scott nav;A c rr^chnal 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 - lic - 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'I4'E 11) • O to , Q N ? . ots W h • e ,dR • \\ ,• Io'RI�a5 ' ►IO.00 578°22'I4"W R.756 OLD TOWNE LANE ( 50') R/W TO BE CLOSED PLAT OF PORTION of SOUTH LYNNHAVEN ROAD TO BE CLOSED PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: I R■SO' DATE+ OCTOBER 31, 1983 JAMES C. HICKMAN LAND SURVEYOR 5625 PROVIDENCE ROAD VIRGINIA BEACH.VA INS, f B Py PEAT RECORDED IN I/B Pp CITY OF VIRGINIA BEACH VIRGINIA APPLICATION FOR STREET CLOSURE Application No. ).q q Applicant: _ John J. Woodard Date: March 15, 1984 Address: c/o Grover Wright, Atty. Fee: Street Closure $100.00 Telephone: 428-2741 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, engineer, or other person duly authorized pi the State to practice such, which shall become 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 19, 1984 Signed: lGy,� o n . Woo ar T Act of Commission: Granted ,/D n ed ied Date 7/D-1/ Action of Council: Granted Y d 0 Modified Date ,n a%400/ae ,to -S'u Posted to map by: e Sheet Forwarded to City Assessor FOAM 1:0.1..5.1 te u I` ►t ; City of Virginia Beach ‘16 INTER OFFICE CORRESPONDENCE 4W.006 DATE: June 26. 1984 TO: See Distribution Listn DEPARTMENT: FROM: Robert J. Scott U� 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 j R ` ; �` �- R i ,R7 5 :, 7 < ,► ;R7 5 p_ lin.i — Fri w r% R7 5 ) <R�7 e5 , ; 1 ° R77 5 - d� -dam p '-.? u �,� .R-7-55 i - 5 R7 60,0 50 y, R7.5 - (' �4 R75 E. k� o a a� Stites LB 3 ° O2, .i, R'7 5 irk.. - = , o o $ R7'5-_-Di o . & Je /o _3 \\ , ; Corporation L. e i 66 Q �� /Ip 5 0 JT?TT VIA:" o Y a 0, Iti i,z,,, =i i1, --- d . :...4„ , „,, . a ,, L Broad Street i _ , , .,4' il 4, 0 -- 1 1 r L �a o �� CBC CBC0000 o oCBC ism i C;B'C i; l rL, IT '� o o 1 7 N 177- Site Pembroke Square Associates, LLC W�(1E Property Polygons Northern portion of 4554 Virginia Beach s n Zoning Boulevard Building Feet Parking Lot Drive Aisle 0 80160 320 480 640 800 960 ji(. jJ CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: PEMBROKE SQUARE ASSOCIATES, LLC [Applicant & Property Owner] Conditional Change of Zoning (B-3 Central Business District to Conditional CBC Central Business Core) for the property located at the northern portion of 4554 Virginia Beach Boulevard (GPIN portion of 1477-56-2034). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant has initiated a multi-phased redevelopment plan for Pembroke Mall to transition from the conventional, interior-oriented, retail mall format to a higher density, urban-style, pedestrian-friendly format with a mixture of uses. Currently, the mall property has two different zoning classifications. The northern half, which is the subject of this application, is zoned B-3 Central Business District which does not allow residential uses, including housing for seniors. The southern half was rezoned to Central Business Core District (CBC) in 2014, following the Pembroke Strategic Growth Area (SGA) Plan's recommended boundary for the Core Area of the Central Business District which does recommend a mixture of uses in this area. • Considerations: The proposal reflects the SGA Plan's objective by placing the lower intensity senior housing facility at the northern corner and transitioning maximum building heights from north to south. In addition to the proffered senior housing facility, future development phases will include a mixture of uses as recommended in the Comprehensive Plan and Pembroke SGA Plan and as permitted by CBC zoning regulations. 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 June 9, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Pembroke Square Associates, LLC Page 2 of 2 Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department � '0 City Manager: /B Applicant & Property Owner Pembroke Square Associates, LLC Agenda Item Planning Commission Public Hearing June 9, 2021 City Council Election District Bayside City of City20 Virginia Beach Request Conditional Rezoning(B-3 Central Business District to conditional CBC Central Business n Core District) �� oR ,$�� Clover Stela :ram r a t a P 1 £ I ee f i S a`z d t, c' Staff Recommendation $- ,F t aAl 4 .i i .64 3 Approval i .. ri ii1►1 .. � I 'c Staff Planner � �� ` . -o Ashby Moss � ` c Location 111�spMOM r { Northern portion of 4554 Virginia Beach i E Boulevard g m " IN. GPIN I vl`.We — — portion of 1477 56 2034 g -IL- III a 1II Site Size {{ 10.06 acres iit ,itR AICUZ � M�pso ..,,, / P- 6 Less than 65 dB DNL `) Watershed Chesapeake Bay Existing Land Use and Zoning District _ Surface parking lot/B-3 Central Business Surrounding Land Uses and Zoning Districts '"1t r • 0�`- North i ` �Z� -P,t st i .�. Jeanne Street s ,.; ,A ,.. s 0 Single-family dwellings /R 7.5 Residential South { r P.n Lane'-, Large Scale Commercial (Target)/B-3 Central . o Business ., ': d Large Scale Commercial (Pembroke Mall)/CBC Central Business Core :a East -;_+t _ or i Constitution Drive = , LLI j*.ji , ". ' - - Single-family dwellings/R-7.5 Residential a , : o Multi-story office and commercial strip center/ i L s i B 3 Central Business '' e--� West Large Scale Commercial (Sears, etc.)/B-3 Central Business Pembroke Square Associates, LLC Agenda Item 20 Page 1 Background & Summary of Proposal • The applicant has initiated a multi-phased redevelopment plan for Pembroke Mall to transition from the conventional, interior-oriented, retail mall format to a higher density, urban-style, pedestrian-friendly format with a mixture of uses. • Currently,the mall property has two different zoning classifications.The northern half,which is the subject of this application, is zoned B-3 Central Business District which does not allow residential uses, including housing for seniors.The southern half was rezoned to CBC Central Business Core District in 2014 along with the other three quadrants formed by the Virginia Beach Boulevard/Independence Boulevard intersection.This City-initiated change of zoning followed the Pembroke SGA Plan's recommended boundary for the Core Area of the Central Business District. The CBC Zoning District allows for the City's highest densities,tallest buildings, and mixed uses. Although the split zoning line may appear arbitrary, bifurcating the mall building and parcel,the intent was to ensure that future redevelopment along the northern edge would provide a transition between the height and density of the Core District and the single-family residential neighborhood to the north. Hence the Pembroke SGA Plan designated the northern half of this parcel as the Waterfront subdistrict of the Central Business District, and this area was excluded from the 2014 rezoning. • The first phase of the proposed development is a senior living facility on the northeast corner of the property and is the subject of the accompanying Conditional Use Permit application. Additional phases will be incorporated into the existing mall structure and property to create a higher density, mixed-use environment as envisioned by the Pembroke SGA Plan. Building form, placement, and permitted uses will be regulated by the proffer agreement and Article 22,Central Business Core District,of the City Zoning Ordinance. • In addition to ensuring the senior housing facility is constructed as depicted in the site plan and elevations (described in detail in the CUP report),the proffer agreement limits building heights to 35 feet within 40 feet of Jeanne Street;75 feet for the tallest components of the senior housing facility,and 100 feet between the senior housing building to approximately the southern intersection of Coporation Lane and Constitution Drive.The remaining area to the south and at the interior of the parcel have no height limit,just like the entirety of the CBC District. • In accordance with recommendations for the Waterfront subdistrict,the proffers also specify a minimum of 10% open space and 5%green space when the subject area is redeveloped. vi •ra Mil J [04tY A s ' . Vox p1 a Zoning History ;ao <<tri 7 0) A # Request vile--p_r• a =J. o H; ',Q �,Gp� 1 CUP(Church)Approved 02/14/2006 ��_��■ ■��G ,,.��p o� � CUP(Indoor Recreation Facility)Approved 03/17/2015 •_ : ■r+j ,.t y%%�� o`� CUP(Outdoor Recreation)Approved 04/19/2016 o°rt■ p ril��r0�lfS'` / ro E�� K•,I•A ,.i1. MOD(Indoor Recreation Facility)Approved 09/20/2016 CUP(Indoor Recreation Facility)Approved 01/07/2020 m '" , e -.. 2 CUP(Automobile Service Station)Approved 04/08/1997 Altj,4 ' 3 CUP(Rooftop Communications Facility)Approved . 01/23/1996 I LL-p .� 4 CUP(Vocational School)Approved 01/22/2013 ALT(Freestanding Sign)Approved 01/15/2019 ,' I 5 ALT(Freestanding Sign)Approved 02/05/2019 b • ` 6 REZ(B-2, B-3, B-3A, B-4&B-4C Business Districts to CBC I f __ M-52 __. �. - Central Business Core District)Approved 02/25/2014 Application Types Pembroke Square Associates, LLC Agenda Item 20 Page 2 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject site is located within the Waterfront Area of the Central Business District as designated by the Pembroke SGA Plan.While the majority of the Pembroke Mall property is within the Core Area of the Central Business District (and already zoned CBC),the northern section was assigned to the Waterfront subdistrict to provide a gradual transition in scale and height at the edge of the SGA. The applicant's proposal reflects the plan's objective by placing the lower intensity senior housing facility at the northern corner and transitioning maximum building heights from north to south. In addition to the proffered senior housing facility,future development phases will include a mixture of uses as recommended in the Comprehensive Plan and Pembroke SGA Plan and as permitted by CBC zoning regulations.The applicant has also proffered a minimum percentage of open space and green space in accordance the the SGA Plan's recommendations. Based on these considerations, Staff concludes that the proposal is consistent with the City's long term vision, is compatible with adjacent uses, and will be an asset to the City overall.Therefore, Staff recommends approval of this request. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is redeveloped,the height of those portions of any structures located within forty feet (40')of the right of way line of Jeanne Street shall not exceed thirty-five feet(35'). Proffer 2: When the approximately 2.12 acre section of the Property located at the southwest corner of the intersection of Jeanne Street and Constitution Drive is developed, it shall be a senior housing community substantially as depicted on the site plat designated "PEMBROKE SENIOR LIVING prepared for PEMBROKE SQUARE ASSOCIATES", dated January 26, 2021 by Kimley Horn ("Site Plan")which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Proffer 3: When PEMBROKE SENIOR LIVING is developed as depicted on the Site Plan,the architectural features,exterior appearance and exterior building materials shall be substantially as depicted and described on the two (2) page exhibit titled "PEMBROKE SENIOR LIVING—ELEVATIONS" dated January 22, 2021, prepared by Kahler Slater("Elevations") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Proffer 4: Pembroke Square Associates, LLC Agenda Item 20 Page 3 When the Property is redeveloped, except as expressly limited by the three(3) preceding proffers,the maximum permitted height of any structures in the northern portion of the Property shall be one hundred feet(100')and there shall be no height limitation on structures in the southernmost portion of the Property as depicted and described on the "REZONING EXHIBIT—BUILDING HEIGHT" dated January 26, 2021 prepared by Kimley Horn ("Building Height Exhibit") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Proffer 5: When the entire Property is redeveloped,there will be a total of not less than ten percent(10%)Open Space and a total of not less than five percent(5%) Green Space as described in the Pembroke Strategic Growth Area 4 Implementation Plan dated November 10,2009, as amended February 25, 2014. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable.The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The subject property is located within the Pembroke Strategic Growth Area (SGA),the plan for which was originally adopted 2009.The plan identifies four primary districts:Central Village,Western Campus,Southern Corporate,and the Central Business District (CBD).The CBD is further divided into a Core Area,Waterfront Area, and Bonney Area.The plan describes the CBD as a "highly structured urban development framework that concentrates high density commercial development in the central area,creates a skyline for Virginia Beach and provides for decreasing land use densities as the distance from the core increases..." (p. 25).While the Core Area "allows for large footprint,zero lot line buildings and the highest building heights allowable in the City of Virginia Beach" (p. 25),the Waterfront and Bonney subdistricts transition to"smaller scale, mid to low-rise buildings at the edges" (p.31).The plan specifically encourages redevelopment of Pembroke Mall to "gradually achieve an urban, pedestrian-friendly design that would effectively reconnect this site with the fabric of the Pembroke SGA" (p. 27). Page 58 of the Pembroke SGA Plan provides "form-based code" recommendations for building types, building heights, open space, and uses for each of the districts and subdistricts. For the Waterfront Area, maximum building heights range from 50 to 150 feet;open space ranges from 10%to 30%, and green space ranges from 5%to 20%. Pembroke Square Associates, LLC Agenda Item 20 Page 4 - s. -r. ..,+'♦, %yamy L V j ♦s - r _. "i•.. ' V. r,A r :fit 1.� g.4; r 1 1 ♦r♦1 w » ,1 1 f 1 �' .w.� is. + 447,=' i 1 , x �1 r..:!',• ?'••L :i � ' d the 7......1.w,i rsfi fit✓ (]� l „._.: ,- fiTNli., FiJc...t+ fA1rrt F,r7r4 :::,,{. :1 7.7yr dT-isJ�fA- ti Y`' f1 y= • : t F, ".j 1.. � 1 - SL r . - .i -_ _ s��1l>J-n 'a,i:#i 1 lfs].1 t i n. - -+ •, 1 ♦ _ - IY• [C�t'. K' f`f' �f a� ♦ - `i�♦rl' f_ T { w T :• • y______6_ 0_0_ 1 fir_._, 110. :.� '� y y t s;, • r --ems. 1 / 1 Access to Thalia Creek fi . �.`), e ! / Prtoay Corridor Central Business District of Pembroke SGA Central Business District Waterfront Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.A small portion on the eastern edge of the of the site may be within the Resource Protection Area(RPA), but a detailed engineering plan is necessary to establish this boundary. The eastern part of the site lies within flood zones AE (1%annual chance of flooding) and X(0.2%annual chance of flooding) as indicated by the 2015 Federal Emergency Management Agency(FEMA) Flood Insurance Rate Maps (FIRM). Mitigation requirements associated with watershed and floodplain protection regulations will be determined during detailed site plan review. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 39,600 ADT'(2018) 70,400 ADT 1(LOS '"D") Independence Boulevard 50,100 ADT1(2019) 70,400 ADT 1(LOS°"D") Existing Land Use 2—911 ADT Proposed Land Use 3—584 ADT Constitution Drive 14,700 ADT1(2014) 12,500 ADT 1(LOS°"D") Jeanne Street 11,900 ADT'(2019) 12,500 ADT 1(LOS°"D") 'Average Daily Trips z as defined by a 2.12 acres B-3 'based on 158 senior adult 4 LOS=Level of Service zoning attached units in the ITE Trip Generation Manual Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pembroke Square Associates, LLC Agenda Item 20 Page 5 Virginia Beach Boulevard is an eight lane major arterial road in the vicinity of this site with a right-of-way of 175 feet. The Master Transportation Plan shows an eight lane major arterial with an ultimate right-of-way of 155 feet. There are currently no capital improvement projects scheduled for this segment of Virginia Beach Boulevard. Independence Boulevard is an eight lane major arterial road in the vicinity of this site with a varying right-of-way from approximately 155 feet to 175 feet. The Master Transportation Plan shows an eight lane major arterial with an ultimate right-of-way of 155 feet. There are currently no capital improvement projects scheduled for this segment of Independence Boulevard. Constitution Drive is a two lane minor urban arterial in the vicinity of this site with a right-of-way of 80 feet.The Master Transportation Plan shows an four lane roadway with an ultimate right-of-way of 80 feet. There are currently no capital improvement projects scheduled for this segment of Constitution Drive. Jeanne Street is a two lane minor urban arterial in the vicinity of this site with a right-of-way of 80 feet.The Master Transportation Plan shows a four lane roadway with an ultimate right-of-way of 80 feet. There are currently no capital improvement projects scheduled for this segment of Jeanne Street. Public Utility Impacts Water There is an existing 8-inch city water main along Jeanne Street. There is an existing 8-inch city water main along Constitution Drive. There is an abandoned 8-inch city water main along Constitution Drive. There is an existing 8-inch city water main encroaching into the property within a Public Utility Easement. Sewer There is an existing 12-inch city sanitary sewer gravity main along Jeanne Street. There is an existing 10-inch city sanitary sewer force main along Jeanne Street. There is an existing 12-inch city sanitary sewer gravity main along Constitution Drive. There is an existing 10-inch city sanitary sewer force main along Constitution Drive. There is an existing 10-inch city sanitary sewer gravity main encroaching into the property within a Public Utility Easement. Comments The site must connect to city water and sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. Public Outreach Information Senior Housing Committee The applicant presented the proposal to the Senior Housing Committee on May 3,2021.The Committee had no objection to the proposal. Central Business District Association (CBDA) Design Review Committee (DRC) The applicant presented the proposal to the CBDA DRC on May 4,2021.The Committee voted unanimously in favor of the proposal as presented. Pembroke Square Associates, LLC Agenda Item 20 Page 6 Planning Commission • The applicant held a public outreach meeting that was attended both virtually and in person on April 28, 2021 by over 400 people. Attendees expressed some concerns regarding excess traffic,overflow parking, and construction noise after hours,all of which were addressed. Staff has received no letters of support or opposition to this application. • The applicant held a public outreach meeting that was attended both virtually and in person on April 28, 2021 by over 400 people. Attendees expressed some concerns regarding excess traffic,overflow parking,and construction noise after hours,all of which were addressed.Staff has received no letters of support or opposition to this application. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 23, 2021 and May 30, 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 May 24, 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 June 3,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27,2021. • 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 June 21, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 2,2021. Pembroke Square Associates, LLC Agenda Item 20 Page 7 Proffered Site Layout Proffer#2 177t-T1 -- --. V sir GAL. • wan.,... , V ''... 441*—.••• A ........u.s.• ! ............ .......... ..----, ...........,...., . —....-..---._ .., • stieet , 444:fp-illik,,,. .:\ \\ - .74=7=---, c I \\ it P -- i b gli --- ._. „..,- S. •Cai4 . - .-. .. 11 Ingress/Egress ' HAM-s''' . ,'•, '- g L 1 I _ _ IngressjEress ' ,---- ,,, __ \\ t tag• , • .I ',-, • ,.. . , . \ : N. l L : \ Ey, .._ .....--_,.. .....- . -, • - ...- ,,Stie __..--- . I"• rN . - -1 ?i•,,,,,,.. ' • # ' . %...."°.•:',,-, • \ - - .\ !110 -'':-,t,. __----_-. -\ • ,,.. as 00 00- \\ .',, .." • 0 j p..' • '' n li, -.. . :., •,-, 1:111.5s-‘-4,: :--.r,--\ ', 't \..--*'..:k • %. r 1 - CD . ' r ID':..••' ..., ,* ,`....::) , . ',,,k' ..r- ' 9 0 ,_..: 1 Pembroke Square Associates, LLC Agenda Item 20 Page 8 Proffered Elevation Plan Proffer#3 {� 77� II`` ((�� __iii � i oo 76' �7.'� .1J. L1J -' J '1 m,E.:m- s from w.�: ®1E Ell �.2 s grade w.r_,, I!! .!.+ 1 OE i /i E El iii iii LIE Cm li e xprxr 5-- .: 8 11 ili IL 11 IL E E r Ili `LU _ I. IM S"' - - `1! u! 1 E1 !LI a E iiii KB ! Y 11 b ' _. ,,. -s TRIO ' wow:- II !!! 1. 7 .1 1.11 iy! 66 :_ ! 66 M. 1f1 r/ I_ o pt.srwcr C s Ir! R1 I1 11 _ 1 L/ • n s 0; '", T10N NORTH ELEVATION (Jeanne Street) f I!- !!_ � 111 !! • WPC 1 s-e III �!I1 III �II : III 11 !11 ssa 7 e 1 >«.t s b „ Ij aRwrx: WIO.flt NMI MORY. I •Y.i g !!.■ !!! !!!® 1 !!■. i!. 8 !I. , 26' b ,2 s from ! Do. -- ! __ ___ ae :__ _:: __ : 111 1 1!! ! !!! 1111 1 O 1! 1 ' mttco+e Ill, grade I x Q�E`VA10N EAST ELEVATION (Constitution Drive) Kahler Slater PEMBROKE SENIOR LIVING ELEVAT EI IEEE� .!!! !1.■ ;"IDI DI® 41 r P I! 6 E .55P14ans ,�,- E_1!. .-=t DI !!. ®u! Z a : EP d, P . 8 n! ... t,�SRC.LONs.` ;I ria „..F s .., P N!! ® t. •CI !!!I I 31 !!- tZ1 g 9 ' G IBC' b oa-)rwoxi MOON _ ... .. .. __. ... .. .. .. I1 ! I II ! M! s, .tEcbo39oY 11 II 1 I' >.,1 1 n I Inb QS01'", ATON SOUTH ELEVATION (Target& Pembroke Mall) s ..t !! I ! r ri II E- a!• a u! 1. •.` a'''--- '''- I--D ❑ J P 1 •i.•!! Loll I D , iwn 5, SL...-- b ai¢h g0011� -- 3 0 9 T■ I!!! El a • !1 1 4, ., s 4i50YR 2 w+oViY I T .!! 3 !'i I ;AN I I "n u u! n. .' $ Z.: u ca.mi s b. s.r ! - !!! ! ! ! ! .. --.. ... 5:. ! -- -- ! :,scox:r s I 11 111 I ■ 1 11 11111 0 I �"r WEST ELEVATgN w,=,•a WEST ELEVATION (Parking lot, REI) miller r��r slater I PEMBROKE SENIOR LIVING ELEVATIONS Pembroke Square Associates, LLC Agenda Item 20 Page 9 Subject Property & Maximum Height Zones Proffer#4 MAXIMUM - BUILDING `"� �- Y �'�:� HEIGHT 35' -rid•r-�in i xxn-�73nv,-i^fnc30l.w fn.: y - +�*,0;0 ,t,-' - MAXIMUM FCAL nr�CR F'-ID1 POTTIO\ BUILDING i• CF ARCEL, 2-D -0 3E HEIGHT Boy CCNDIT1nNALY REZCN=J per pro8ered elevations yin sv75401 anh®s:3ar?u9.eza.oa etor•I]cinxVF17ax: .1, MAxIMUM *cnc:r.-�Mfinraawn.wlF.dw.«�rx3(: „_,,,;,•I BUILDING ,....,,Ikwt:: vie PA2n,dl,...`ksvt HEIGHT 100• 13LO saexw.nsie Mvmarar,Cd t.-Imgennm k.nsr_.39.al9rnd. 31 zl {L _ Mc.I.,MgS37 a139.(u0E A of 3.91 YIJRTI� 1. Wrws K h.-1F'IQtOr J .'ar'.IO: PARCEL.,-0,,.,, - irwla'b.'.n S37 a139.000E.a+ml<:ur Ea.w: 11w.a abg,urveb Ib RNirr.I..niy•rdi�ad 1O.OBAC.d: OR. - - la?ro9 ea<hv vtlk 119•'�39•,md.4oc 4y 10.06O3 S-•. a�lnmsl7-.7-09ea1 me I2 C.?I TO BE UNUkAITED :akfDING tl.rnti n<arina A(A-4J1.93O N'a2itmna M3'u23 h.,.cbuninaSpk11a79w',J,W oo I21,73 k - CONDITIONALLY BUILDING icnl.L' 5Kv9s±35.v3tti.dilNnkc Mbla33: REZONED FROM I HEIGHT n�Y lF36-39.9W N',w�a•a'.rL 1M: 8-3 TO CBC Ir. rna Avw0K F9J32I.9oOE,dfmnw•M'1.TX2 nnriud Su s.1v:O,ra.lwiu�ru'.d IdD.R2 .� ,-_— ..y4._�'_ _ ._ -__....__..... - '` r�A:gNE9-33-'.I:IOUeIA.wni 4l7bD: ` .aob isSQ--Ir39.UVJsHoo 3101 s A �l,.vmSAR9.3d-In.p:tr)::.. tdiwia�NISr�]Yucban:nx1`0.3F31.fRV ,JV Wew:afp0.33:[p w.: an'bvml;.t93371.U0 tdmire af6vv6:Fln�a hvm�y 5 F'6d7g70J�4nwv ur P,Yl7:} b KttD 33±I.U0 ..0.vee M31E.Q:t1Stl,.�,u4IY[ ,�Iwwv..f 1l H2 d1IW 'rtawc kn,r N F_I A'_I NO Ee d''. a M±I Lu 71'i.-nc hmnn3Y 43-ID-? .11'a,.. of EXISTING EXISTING r..q.s;:wro<pnnl urb�+imny. ZONING CBC ZONING CBC Ana a ca vR tv(-ee-_•oJ<-n'�ua TO REMAIN TO REMAN IwI'....t 1. \ I 'T , N t}ul+uc ar.3lc: � R FSUNING EXHIBIT Klmley.tFbm L Ir 100- EOV iW I P9JBROIfE MALL I VIt�INtA BEACH'VM"A BUMDING HEIGHT „�y¢z# . .............�.—.......�......-.......�.....«............ January 26.2021 ,.,.__ Conceptual Massing Exhibit ; ..- i _ PGEt m Cu v� . r' %- - Vs — fi s ` IIX.:I Hdunro w KatdeeS rQ AERIAL LOOKING NORTHWEST1PHASE 4.0 Pembroke Square Associates, LLC Agenda Item 20 Page 10 Site Photos '•:411-11.„-....AN s„ `r�l _ as s , J h F ' _'.~ _ 3 _ -r� ,r, _ VRAn we ��. y f 3 1 • _ A ., ,:,.,,,„_. ,..,,,,:ir, 4.,. , _ ......, ....z..V1 !i',-,_40%,--Ilf.e.W'''':.-7-- , Y �` �► • - =' �. - -`• _ ,4 `,.� .. a -- * -4 s - - — .:F t.-"3 1.. ,'x' ... .r.'rr tni' , The Chce Cmter K e "��'. = .. ` �,,.. ,�.,1 ? • CIwe;NlDifACS �� .y1�,1 4_i .4141411400 {, ',9 * \ 1tItit '-. tit `i 34 Pembroke Square Associates, LLC Agenda Item 20 Page 11 Disclosure Statement Disclosure Statement 153 ('in,of in o Bead/ 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 Pembroke Square Associates,LLC Does the applicant have a representative? N Yes ❑ No e If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No e If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Frederick J.Napolitano,Operating Manager '"See Attached List e If yes,list the businesses that have a parent-subsidiaryi 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. Revised 11.09.2020 1 Pembroke Square Associates, LLC Agenda Item 20 Page 12 Disclosure Statement MEMBERS OF PEMBROKE SQUARE ASSOCIATES, LLC, a Virginia limited liability company: Shenandale Associates,L.L.C. Vincent R.Olivieri,Manager John E.Olivieri and Michael V.Olivieri,as Trustees of the Richard E.Olivieri Martial Trust dated September 5,2018 Robert Vincent Olivieri,as Trustee of the Robert Vincent Olivieri Revocable Trust dated December 22,2004 Emilio Olivieri Family Company No.1,L.L.C. John E.Olivieri,Manager Blue Ridge Associates of Virginia,L.L.C. Frederick J.Napolitano,Operating Manager Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Vincent A. Napolitano Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Theresa Napolitano Hudgins Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Frederick J. Napolitano,Il Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of John C. Napolitano Pembroke Square Associates, LLC Agenda Item 20 Page 13 Disclosure Statement Disclosure Statement City of vi rytnin nn,th Planning&Community 2 Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. Kehler Slater 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. Revised 11.09.2020 Wage Pembroke Square Associates, LLC Agenda Item 20 Page 14 Disclosure Statement Disclosure Statement 'NB City.of riryiniu Bar.A Planning&Community Development 144‘. 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?®Yes 0 No • If yes,identify the firm and individual providing the service. Kimley Horn 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.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 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. Pembroke S Jare Associates, LLC By: Applicant Si ature Frederick J.Napolitano,Operating Manager Print Name and Title n February .5 ,2021 Date Is the applicant also the owner of the subject property? ®Yes ❑ No c 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 6/14/2021 Signature Print Name Ashby Moss Revised 11,09.2020 3 I P age Pembroke Square Associates, LLC Agenda Item 20 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Pembroke Square Associates, LLC Agenda Item 20 Page 16 0.1-11A'13 c, ,-.1 "..,,,RAir7-t, CITY OF VIRGINIA BEACH „ `'; �`' � a INTER-OFFICE CORRESPONDENCE . S S a'' OUR Nioko' In Reply Refer To Our File No. DF-10593 DATE: June 25, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson's DEPT: City Attorney RE: Conditional Zoning Application; Pembroke Square Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 6, 2021 . I have reviewed the subject proffer agreement, dated January 29, 20221 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Debbie Bryan PEMBROKE SQUARE ASSOCIATES, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 29th day of January, 2021, by and between PEMBROKE SQUARE ASSOCIATES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of a parcel of land located in the Bayside District of the City of Virginia Beach, containing 26.684 acres, which is more particularly described as "PARCEL 2-D" on Exhibit "A", the northernmost approximately 10.06 acres of which are more particularly described and designated as "PORTION OF PARCEL 2-D TO BE CONDITIONALLY REZONED" on Exhibit"A" (hereinafter the"Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-3 Central Business District to Conditional CBC Central Business Core District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN: Part of— 1477-56-2034-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is redeveloped,the height of those portions of any structures located within forty feet(40') of the right of way line of Jeanne Street shall not exceed thirty-five feet (35'). 2. When the approximately 2.12 acre section of the Property located at the southwest corner of the intersection of Jeanne Street and Constitution Drive is developed,it shall be a senior housing community substantially as depicted on the site plat designated"PEMBROKE SENIOR LIVING prepared for PEMBROKE SQUARE ASSOCIATES", dated January 26, 2021 by Kimley Horn ("Site Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. When PEMBROKE SENIOR LIVING is developed as depicted on the Site Plan, the architectural features,exterior appearance and exterior building materials shall be substantially as depicted and described on the two (2) page exhibit titled "PEMBROKE SENIOR LIVING — ELEVATIONS" dated January 22, 2021, prepared by Kahler Slater ("Elevations") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2 4. When the Property is redeveloped, except as expressly limited by the three (3) preceding proffers, the maximum permitted height of any structures in the northern portion of the Property shall be one hundred feet (100') and there shall be no height limitation on structures in the southernmost portion of the Property as depicted and described on the "REZONING EXHIBIT - BUILDING HEIGHT" dated January 26, 2021 prepared by Kimley Horn ("Building Height Exhibit") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 5. When the entire Property is redeveloped,there will be a total of not less than ten percent(10%) Open Space and a total of not less than five percent(5%) Green Space as described in the Pembroke Strategic Growth Area 4 Implementation Plan dated November 10, 2009, as amended February 25, 2014. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to CBC District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Pembroke Square Associates, LLC, a Virginia limited liability company By: � (SEAL) Fr erick J.Napolitano,Operating Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 3rd day of February, 2021, by Frederick J. Napolitano, Operating Manager of Pembroke Square Associates, LLC, a Virginia limited liability company,Grantor. &cot, ‘72tiett-i,‘09-171"/,-; Notary Public My Commission Expires: `° ' � I SHARON MARIE FADNESS Notary of Registration Number: J g '7G s3 1 Notary Public Commonwealth of Virginia Registration#194633 I My Comm.Expires Feb.29,2024 5 EXHIBIT "A" "PARCEL 2-D" ALL THAT certain lot,piece or parcel of land known as Parcel 2-D shown on that certain plat entitled "Subdivision of Parcel '2-B' Plat of Property for Pembroke Square Shopping Center, in the City of Virginia Beach, Virginia", dated March 18, 2011, prepared by NDI, L.L.C., recorded as Instrument Number 20111017001064270 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. PORTION OF PARCEL 2-D TO BE CONDITIONALLY REZONED That certain northernmost portion of Parcel 2-D located in the City of Virginia Beach, Virginia (Instrument Number 2011017001064270) containing 10.06 acres which is more particularly described as follows: Beginning at a point whose Northing is 3477140.624 and whose Easting is 12175462.748; thence bearing S 27-41-39.000 E a distance of 2.10; thence bearing N 62-18-21.000 E a distance of 2.34; thence along a curve to the RIGHT,having a radius of 15.00 a delta angle of 90°00' 00",and whose long chord bears S 72-41-39.000 E a distance of 21.21;thence bearing S 27.-41-39.000 E a distance of 2.91; thence bearing N 62-18-21.000 E a distance of 2.10; thence bearing S 27-41-39.000 E a distance of 846.30; thence along a curve to the RIGHT, having a radius of 1060.00 a delta angle of 19°28'59",and whose long chord bears S 17.-57-09 E a distance of 358.71;thence bearing N 69-9- 43.937 W a distance of 260.23;thence bearing S 86-38-0.576 W a distance of 218.75;thence bearing S 89-52-35.938 W a distance of 614.33; thence bearing N 0-26-39.000 W a distance of 253.06; thence bearing N 89-33-21.000 E a distance of 222.62;thence bearing S 0-26-39.000 E a distance of 100.82; thence bearing N 89-33-21.000 E a distance of 47.69; thence bearing S 0-26-39.000 E a distance of 34.01; thence bearing N 89-34-10.000 E a distance of 358.79; thence bearing N 0-26- 21.000 W a distance of 480.32;thence bearing S 89-33-21.000 W a distance of 69.96;thence bearing S 0-26-47.000 E a distance of 27.91;thence bearing S 89-33-21.000 W a distance of 218.67;thence bearing N 0-26-40.000 W a distance of 300.05;thence bearing N 62-18-21.000 E a distance of 21.60; thence bearing N 27-41-39.000 W a distance of 32.33;thence bearing N 62-18-21.000 E a distance of 234.53;to the Point of Beginning. Part of GPIN: 1477-56-2034-0000 H:\AM\Conditional Rezoning\Pembroke Square Associates\Proffer Agreement_final 2-02-2021.docx 6 Item #20 Pembroke Square Associates, LLC [Applicant & Property Owner] Conditional Rezoning (B-3 Central Business to Conditional CBC Central Business) Southeastern corner of intersection of Jeanne Street and Constitution Drive June 9, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Thank you. The next item on the agenda is number 20. Pembroke Square Associates LLC, they're both the applicant and the property owner. Is there a representative for this item? • Mr. Bourdon: Thank you, Eddie Bourdon, Virginia Beach Attorney representing Pembroke Square Associates on item number 20 as well as item number 21. I remember 20 is a conditional rezoning. So obviously, we agree with our proffers. We appreciate being on the consent agenda. I want to take just a second to thank Ashby Moss and director Bobby Tajan for their work with us on this application.And I also would want to let the commission know, another two records in one — one meeting, the public outreach on this, they had a, we had a outreach that had YouTube TV, I think it was over 400 people, either the 30 or so that attended in person on TV because they could monitor how many people were watching from homes. Over 400 people reviewed this with us about six weeks ago, which that's a lot of people for public outreach meeting. I appreciate everybody's assistance with this. Mr. Wall: Okay, thank you. Is there any opposition for this being placed on the consent agenda? Hearing none, we've asked Mr. Redmond to read this into the record. Mr. Redmond: Thank you, Mr. Wall. Agenda items number 20 and 21 do two things. One is a conditional rezoning from B-3 Central Business District to conditional CBC Central Business Core District. It's a very complex application, I would urge you to read it, and we would be here for another 45 minutes if you ask me to do all that. This is the purpose for which we had a Pembroke area strategic growth area plan and subsequently reside — revised the zoning ordinances and created new zoning categories was to encourage this type of development at this site and others within the Pembroke SGA. The second part of this application is the conditional use permit for a senior housing facility. You can see the renderings here before us. It is—it is well designed, it's attractive, it fits well on that corner of Jeanne Street and Constitution Drive, it certainly will be a fit well within —within this district, and I think provide another option for our citizens to live. Everybody knows there's an 1 enormous shortage of housing in our city and frankly throughout the United States. The applicant was receptive to some changes to the design of this building that I think enhanced it and I'm sure it will be a credit to this neighborhood to this district and to our city as a whole. Therefore, the commission views that this is quite appropriate for consent and we look forward to its development and all its contributions and other contributions to come, thank you Mr. Wall. Mr. Wall: Okay, thank you. So these are these are two applications. The first one was application agenda item number 20, which was for conditional rezoning for B-3 central business to conditional CBC central business, and Mr. Redmond just read that into the record. Now for agenda item number 21. Its Pembroke Square Associates, LLC is the applicant property owner for conditional use permit for housing for seniors are the two conditions that fall? Mr. Bourdon: Acceptable to client. Mr. Wall: Okay. Thank you. Is there any opposition for this item to be placed on the consent agenda? And Mr. Redmond, I believe read that one as well and combine them together.So okay,thank you.The next item on the consent agenda is agenda item number 24. Marie Strom is the applicant and Aloha LLC is the property owner for a conditional use permit, tattoo parlor located in the Beach District. Is there a representative for this item? Mr. Wall: Okay, thank you. That was the last item on 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 Planning Commission support the applications and there are no speakers signed up in opposition.These include agenda item number 28 Dan&Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. 2 Mr. Weiner: Just read the numbers. Mr.Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, 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. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. 3 Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: 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 items 4, 5, 6, 7, 8, 9, 13, 19,20,21,24,25,28,31,37,38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 4 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is redeveloped, the height of those portions of any structures located within forty feet(40') of the right of way line of Jeanne Street shall not exceed thirty-five feet (35'). Proffer 2: When the approximately 2.12 acre section of the Property located at the southwest corner of the intersection of Jeanne Street and Constitution Drive is developed, it shall be a senior housing community substantially as depicted on the site plat designated "PEMBROKE SENIOR LIVING prepared for PEMBROKE SQUARE ASSOCIATES", dated January 26, 2021 by Kimley Horn ("Site Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Proffer 3: When PEMBROKE SENIOR LIVING is developed as depicted on the Site Plan, the architectural features, exterior appearance and exterior building materials shall be substantially as depicted and described on the two (2) page exhibit titled "PEMBROKE SENIOR LIVING — ELEVATIONS" dated January 22, 2021, prepared by Kahler Slater ("Elevations") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Proffer 4: When the Property is redeveloped, except as expressly limited by the three (3) preceding proffers, the maximum permitted height of any structures in the northern portion of the Property shall be one hundred feet(100') and there shall be no height limitation on structures in the southernmost portion of the Property as depicted and described on the "REZONING EXHIBIT— BUILDING HEIGHT" dated January 26, 2021 prepared by Kimley Horn ("Building Height Exhibit") which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Proffer 5: When the entire Property is redeveloped, there will be a total of not less than ten percent(10%) Open Space and a total of not less than five percent(5%) Green Space as described in the 5 Pembroke Strategic Growth Area 4 Implementation Plan dated November 10, 2009, as amended February 25, 2014. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 6 V ° 1 n on E "4 , lr, , , O I'.�`^i , V�Q� , ➢--1----r --- 00��/ d � p�V D B2:1rA120 �Al, ‘ R7�� Q� {^,i) R7,5 c--- Rw7!5�,0 0 4; o o.,0 Q D a R70 /t ° �,R7 5 R20 Lb o d 0 A q o ,.�' o a r., Rr7.5�0 pa R7 5 R7 5 0,� \ °°�I ( °C� GP � 'iL a� a 0' i Q % & M&5 fl , a, b. o �. R7'.5 •d D ❑ _ d' \n� V. N a O� q, po° as na gam' 0 cn b ____.-0 �. „ ,eo�o Qp ,, O�oN Q R7 5°ad fl° ,o a 'p5ki,--• \ ion. voQ . LB3' 1. 02 ° R,7:5�0 ,fie �\ �d a `R�7�.54 t_ a t a Jed' •;3 \\ .0 s, =.Corporation-Lane ' �` O fi B3 O2' J t _ LL A1�18 �- B3 L G�. �' B3 \ — �-- J O 1 , o 63 --Broad-Stre'et �o - [ 12 L C BC L �L C B � � marts Din_ � N Pembroke Square Associates, LLC W roE IM site Southwest corner of Jeanne Street and � � s Property Polygons Constitution Drive nZoning Feet Building 0 80160 320 480 640 800 960 rs fz ;i f"„iczt., f s.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PEMBROKE SQUARE ASSOCIATES, LLC [Applicant & Property Owner] Conditional Use Permit (Housing for Seniors) for the property located at southwest corner of Jeanne Street and Constitution Drive (GPIN portion of 1477-56-2034). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant is requesting to construct a senior living facility on the northeast corner of the Pembroke Mall property at the corner of Jeanne Street and Constitution Drive which requires a Conditional Use Permit approved by City Council. The facility will include a total of 158 residential units, comprised of 126 independent living units, 20 assisted living units, and 12 memory care rooms. The structure is a seven-story "tower" wrapped with two-story, attached "row house" units along Jeanne Street and Constitution Drive. Community indoor and outdoor amenity spaces will be provided for residents to include an indoor pool and spa, workout facilities, dining rooms, community gathering rooms, an open air terrace on the top floor, and an outdoor roof garden on the second level above the covered parking spaces. • Considerations: Senior housing at all care levels is in great demand in Virginia Beach as the population ages and downsizes. The range of care levels, central location, and urban-style site layout and design of this proposal will fulfill an untapped niche in the local market. In Staffs view and the Planning Commission concurred, the proposal is consistent with the Comprehensive Plan's objective to provide a variety of housing types with a range of affordability in the SGAs, particularly senior housing. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. Pembroke Square Associates, LLC Page 2 of 2 1 . The site shall be developed in substantial conformance with the submitted site layout plan entitled "Pembroke Senior Living prepared for Pembroke Square Associates," prepared by Kimley Horn and dated January 26, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The building shall be constructed in substantial conformance with the submitted elevations entitled "Pembroke Senior Living — Elevations," dated January 22, 2021, prepared by Kahler Slater, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: / . Applicant& Property Owner Pembroke Square Associates, LLC Agenda Item Planning Commission Public Hearing June 9, 2021 City Council Election District Bayside 2 1 ,„,,,o, Virginia Beach Request Conditional Use Permit(Housing for Seniors) Staff Recommendation Approval - t Staff Planner iii itti i , �' Ashby Moss Irt.r� ,_ �t'� ►''�► iI 1 V1 P Location �''I'1 4 0�` iiii T _ Southwest corner of Jeanne Street and IlkILVPIIII Constitution Drive I 'rc Ill i - GPIN portion of 1477-56-2034 €` m m Site Size m A n V rglma Beach Boulevard'z G O O o 2.12 acres Bank StrN{ { NI AICUZ I Columbus Street Iil Less than 65 dB DNL r— ! l Nate Dnve Segovia Court 1 I Watershed Chesapeake Bay Existing Land Use and Zoning District ,. ` 4 Surface parking lot/B-3 Central Business - Surrounding Land Uses and Zoning Districts North r Jeanne Street �,£ -. ,,. ' 4411. Single-family dwellings /R-7.5 Residential - a South 1 Large Scale Commercial (Target)/B-3 Central 4 Business r' i East : . i Constitution Drive e Single-family dwellings/R-7.5 Residential � _, _ - 1 t Wester+ 6Surface parking lot/B-3 Central Business E, - ._-m_ Pembroke Square Associates, LLC Agenda Item 21 Page 1 Background & Summary of Proposal • As the first phase of a multi-phased redevelopment plan for Pembroke Mall,the applicant is requesting to construct a senior living facility on the northeast corner of the Pembroke Mall property at the corner of Jeanne Street and Constitution Drive. • The facility will include a total of 158 residential units comprised of 126 independent living apartments, 20 assisted living apartments, and 12 memory care rooms. A number of community indoor and outdoor amenity spaces will be provided for residents, including an indoor pool and spa, workout facilities, dining rooms, community gathering rooms, an open air terrace on the top floor, and an outdoor roof garden on the second level above the covered parking spaces. • The proposed structure includes a seven-story "tower" wrapped with two-story, attached "row house" units along Jeanne Street and a similar looking two-story building along the northern half of Constitution Drive. The units on Jeanne Street have direct access to the street contributing to a neighborhood feel and activity on the street. • The primary entrance to the tower is located on the interior of the site with a porte cochere. Vehicular access is accommodated by the existing entrances to the Pembroke Mall and Target properties. On-site parking includes 36 ground level covered spaces and 40 surface lot spaces on the interior of the site. This exceeds the minimum parking requirement of 47 spaces. t M NM R ass*, s o • �! sI. 0 OM Mil n'1i ' ��: ♦ o' '.M M+ } �+ , .gip +i40 Zoning History i DUI d►`�cit OW.a�►';D�0. o, ,�,`�.'cell a # Request MN WINO)lGQ"��0.*I,%. �, r.tr .,�° 1 CUP(Church)Approved 02/14/2006 1 • RI EDI L . ,w oo i ,?w CUP(Indoor Recreation Facility)Approved 03/17/2015 11-�I .gip IrSW00C•,so.� use ice it �� CUP(Outdoor Recreation)Approved 04/19/2016 n s �Nl fi F�%"4°% A,` MOD(Indoor Recreation Facility)Approved 09/20/2016 IC• 1 ' %"//// $ .. :: (IndoorFacility)Approved n CUP Recreation A roved 01/07/2020 IIJ� 2 CUP(Vocational School)Approved 01/22/2013 J. \ ALT(Freestanding Sign)Approved 01/15/2019 t 3 REZ(B-2, B-3, B-3A, B-4& B-4C Business Districts to CBC p Central Business Core District)Approved 02/25/2014 1 _- � � ■ 3 sC NE 7 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant's proposal for a senior housing facility is acceptable. Senior housing at all care levels is in great demand in Virginia Beach as our population ages and downsizes. The range of care levels, central location, and urban-style site layout and architectural design of this proposal will fulfill an untapped niche in our local market. The proposal consistent with the Comprehensive Plan's stated objective to provide a variety of housing types with a range of affordability in the SGAs, particularly senior housing. The proposed location in the City's Central Business District is in close proximity to transportation centers, medical facilities, shopping, dining, and entertainment as recommended by the Comprehensive Plan. Pembroke Square Associates, LLC Agenda Item 21 Page 2 Staff anticipates little to no impact on traffic congestion as this type of use typically generates significantly fewer vehicle trips than other types of uses.Vehicles traveling to and from the site will use the existing vehicular entrances to the Pembroke Mall and Target properties and thereby avoid the busy Constitution Avenue/Jeanne street intersection. Ample parking will be available on the senior housing site and surrounding mall parking lots. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted site layout plan entitled ""PEMBROKE SENIOR LIVING prepared for PEMBROKE SQUARE ASSOCIATES" prepared by Kimley Horn and dated January 26, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The building shall be constructed in substantial conformance with the submitted elevations entitled "PEMBROKE SENIOR LIVING—ELEVATIONS"dated January 22, 2021, prepared by Kahler Slater,which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the Pembroke Strategic Growth Area (SGA),the plan for which was originally adopted in 2009. One of the primary goals established in the Housing& Neighborhoods section of the Comprehensive Plan is to provide a variety of housing types with a range of affordability in the SGAs (p.2-78).The Plan further emphasizes the need to allow and encourage housing for seniors accommodating all levels of care in areas with convenient access to services and facilities (p. 2-74). Lastly,the Plan recommends locating housing for seniors and disabled persons in close proximity to transit stops (p.2-79). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.A small portion on the eastern edge of the of the site may be within the Resource Protection Area (RPA), but a detailed engineering plan is necessary to establish this boundary. The eastern part of the site lies within flood zones AE (1%annual chance of flooding) and X (0.2%annual chance of flooding) as indicated by the 2015 Federal Emergency Management Agency(FEMA) Flood Insurance Rate Maps(FIRM). Pembroke Square Associates, LLC Agenda Item 21 Page 3 Mitigation requirements associated with watershed and floodplain protection regulations will be determined during detailed site plan review. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 39,600 ADT1(2018) 70,400 ADT 1(LOS°"D") Independence Boulevard 50,100 ADT1(2019) 70,400 ADT 1(LOS°"D") Existing Land Use 2—911 ADT Proposed Land Use 3-584 ADT Constitution Drive 14,700 ADT1(2014) 12,500 ADT 1(LOS°"D") Jeanne Street 11,900 ADT1(2019) 12,500 ADT 1(LOS°"D") 'Average Daily Trips 2 as defined by a 2.12 acres B-3 abased on 158 senior adult 4 LOS=Level of Service zoning attached units in the ITE Trip Generation Manual Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight lane major arterial road in the vicinity of this site with a right-of-way of 175 feet. The Master Transportation Plan shows an eight lane major arterial with an ultimate right-of-way of 155 feet. There are currently no capital improvement projects scheduled for this segment of Virginia Beach Boulevard. Independence Boulevard is an eight lane major arterial road in the vicinity of this site with a varying right-of-way from approximately 155 feet to 175 feet. The Master Transportation Plan shows an eight lane major arterial with an ultimate right-of-way of 155 feet. There are currently no capital improvement projects scheduled for this segment of Independence Boulevard. Constitution Drive is a two lane minor urban arterial in the vicinity of this site with a right-of-way of 80 feet.The Master Transportation Plan shows an four lane roadway with an ultimate right-of-way of 80 feet. There are currently no capital improvement projects scheduled for this segment of Constitution Drive. Jeanne Street is a two lane minor urban arterial in the vicinity of this site with a right-of-way of 80 feet.The Master Transportation Plan shows a four lane roadway with an ultimate right-of-way of 80 feet. There are currently no capital improvement projects scheduled for this segment of Jeanne Street. Public Utility Impacts Water There is an existing 8-inch city water main along Jeanne Street. There is an existing 8-inch city water main along Constitution Drive. There is an abandoned 8-inch city water main along Constitution Drive. There is an existing 8-inch city water main encroaching into the property within a Public Utility Easement. Sewer There is an existing 12-inch city sanitary sewer gravity main along Jeanne Street. There is an existing 10-inch city sanitary sewer force main along Jeanne Street. There is an existing 12-inch city sanitary sewer gravity main along Constitution Drive. Pembroke Square Associates, LLC Agenda Item 21 Page 4 There is an existing 10-inch city sanitary sewer force main along Constitution Drive. There is an existing 10-inch city sanitary sewer gravity main encroaching into the property within a Public Utility Easement. Comments The site must connect to city water and sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary,so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. Public Outreach Information Senior Housing Committee The applicant presented the proposal to the Senior Housing Committee on May 3,2021.The Committee had no objection to the proposal. Central Business District Association (CBDA) Design Review Committee (DRC) The applicant presented the proposal to the CBDA DRC on May 4,2021.The Committee voted unanimously in favor of the proposal as presented. Planning Commission • The applicant held a public outreach meeting that was attended both virtually and in person on April 28,2021 by over 400 people. Attendees expressed some concerns regarding excess traffic,overflow parking,and construction noise after hours,all of which were addressed. Staff has received no letters of support or opposition to this application. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 23, 2021 and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27,2021. • 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 June 21, 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 July 2,2021. Pembroke Square Associates, LLC Agenda Item 21 Page 5 Proffered Site Layout Proffer#2 t aoNe \ � Y kr igl , - J " , N - IIIt Ingress/Egress ? - • j - - - — - `:mac -ingre• s gress ` li \ : , \ \ NI- t 'i Pil L ; 1 l 1e :3 _41114._ '-.,, -0. Ill. ir %\... \\ ili . „� ' -Cxasno m N.'...-.? 0 .01 '''--- *. s 2. 7 .� `mac _ , , 1 �. ✓ , Pembroke Square Associates, LLC Agenda Item 21 Page 6 Proffered Elevation Plan Proffer#3 76' - ' -4'—"--I--------4...le 2 M--E-In Ealk—ii—ia — — 1 •- .,114,a.e)-.77r1111.",. froam ii 1 „ grck leui4 1— IR ] i..IP TZ 1!.! a iii, aritj Lii iii jil LIE '.!! ,,,,e, - -Et 8 ER 1ilidIii.ifi' — !!! :.L1 ill] glii; ig a el IL!!! '!MCC.— ----'411 n • ,I, I. _ ' _ f 2I II -__ IIN II a_ iL,g.,k -01. II! g, 'gi _ TRW 1 — ,,t 5°-i'De1/4:1 - . II n ii AN Mil, II op om . Jtp r 7 .. [. 111 1 III 1 ii -14 u ..; ' II 1 i 1 i mi NI MI II f ' - C"M-PafT-iir 0 430Zrei%LEVATION NORTH ELEVATION(Jeanne Street) fell.II 111I1E—El II -- il EILEEN _____ __ RAJ...3 a !ks el Sevrteffel ii• !!E ill!• •ELE E22 _; I!! _ !!_, . i---11-4, i!!!• i- •FE !!!!• HI: !!!• - ! 8 !! a• -! •!!.. !! • •LIILI 211• _ E !!1, T Mae e ' $1-15'SPlire-AS 26' t F1 II .1 1!!!jai RE !!!..• ' F.! 0 !I.;, ! "4..4?''"I'. '7 . „,'• - .r S from 1 ::: :2 ! t: 222 ::: :: C: ::: :22 :: C !!! ! !!! ! !!! ! !!! ! !! aseccv4.1.% grade :1 '''ar471-411. 0 EAST:LEVATION EAST ELEVATION (Constitution Drive) —-----.f - KahlerSlater - L.= ' ELEVATIO ,------ 7- ' -- . -- - T-,i•-• 972!-A-"I. E Eli 111-1E all 11111E L111'.1 0 '_-7 !. LE P'al ,I1!!! EEE• •LE ER ,' I P P '! g mur 01— pliggg •EEE LI!• A!!! a• SL1410 2 • —4.-!!I •!!... an Hz LE• li 0 0 ..L E !IL. 1 ,, E. -•-:'NE !!!a .: •E2 2E2m : . , 63 INIR3,714% ee•COW II I I II I Oil --e RWCCAONT.1, iielmite, 11 111 111 11 I- ''''' 11. i,' i i 1 i Ili , aellOeifer2 - ,' - -- .... . .. ..... 0 SOU1.1.43.44 ffVATION SOUTH ELEVATION(Target&Pem•ro e Ma ......, ,_,.ao -P ''',--1 _II ii -:-':ii ED ELIA? IIIEE ''_- • .c.r:_s g- g AI MR mLi!Ill.A,a III 1111!!!_!!!.[All E D • m ,- • i.. laisCeseel eleapree 1 env• i lij g 8 8 • •g1 It!•1-.1.11 ILI I 6r: 11 ii_LI! 223•J, • i FILI ! i ! ! .. .. ... ... ! P. I 1 I I _fil II III III,Ill II ' A I 0 WEZ.EL:ATIN WEST ELEVATION(Parking lot,REI) Jto.-ers f J.:zee Kehler Slater PEMBROKE SENIOR LIVING ELEVATIONS Pembroke Square Associates, LLC Agenda Item 21 Page 7 Proposed Renderings i _ , .�YYamm::Y■ R - .. • a -af- ` jj e S _ ®_ _M NU il 1 e14 r I 1 I. •®I k■ "IL au . ci :33' F" S.. ■ _ • la au.. , •"II �� - 1 K .1 i __ �t is Z 4is .<_r , r f 3z` NI.N. „,+`- . .�. v Pembroke Square Associates, LLC Agenda Item 21 Page 8 Site Photos i,.. " . v • • • It-' - u . .. -- ak.:.,IC..inl limier Slider PEMBRCr.E SENOR LIYINV JEANNE STREET VIEW a • 'ii "/0yrt aw � �► " l i :::i II m qr iI nI I!t Ii 1 III I :II; IP :II :e ' ° . ,i, hit, ,Pali II,., 6 0j ,1 II! .:"-.3/4'4. III r ,� .. It, �iI'L! ' OII !! III iI . , T1 i • Pembroke Square Associates, LLC Agenda Item 21 Page 9 Site Photos :'''. el" sew. • _ t s'.11 « .t' -AM • z s Jiiiiis....'4CV*:" '4A -..,.. a It1. ' gip a. +4c�� ` per: ! ., _ s - I, , �} r - �'Tnr(,hce Cente h yl - L i, 4 - -s oe MD_,FAGS- . _. KV sP.. t''� a 1y R _ r r.F t ,y`-.- .+diS �"Aim _ +t ,� - t - •_ 4 R}{ ,i. � t INeV 4 er 4 �...'..7s6.t r t _ .. !et,-@ -.; _ Pembroke Square Associates, LLC Agenda Item 21 Page 10 Disclosure Statement Disclosure Statemen 113 City n/1'irpnea Shah 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 Pembroke Square Associates,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Frederick J.Napolitano,Operating Manager 'See Attached List • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity?relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Pembroke Square Associates, LLC Agenda Item 21 Page 11 Disclosure Statement MEMBERS OF PEMBROKE SQUARE ASSOCIATES, LLC, a Virginia limited liability company: Shenandale Associates,L.L.C. Vincent R.Olivieri,Manager John E.Olivieri and Michael V.Olivieri,as Trustees of the Richard E.Olivieri Martial Trust dated September 5,2018 Robert Vincent Olivieri,as Trustee of the Robert Vincent Olivieri Revocable Trust dated December 22,2004 Emilio Olivieri Family Company No.1,L.L.C. John E.Olivieri,Manager Blue Ridge Associates of Virginia,L.L.C. Frederick J.Napolitano,Operating Manager Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Vincent A. Napolitano Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Theresa Napolitano Hudgins Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of Frederick J. Napolitano,II Vincent A.Napolitano,Frederick J.Napolitano and John C.Napolitano,as Trustees of the Frederick J. Napolitano Irrevocable Trust-2002 for the Benefit of John C. Napolitano Pembroke Square Associates, LLC Agenda Item 21 Page 12 Disclosure Statement Disclosure Statement 'NB Cry, r,pu onnxii 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?0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralixation,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. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes to 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 0 No • If yes,identify the firm and individual providing the service. Kahler Slater 5. is there any other pending or proposed purchaser of the subject property?❑Yes Iili No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Pembroke Square Associates, LLC Agenda Item 21 Page 13 Disclosure Statement Disclosure Statement 1/113 cas fV,wioItnAi, s., Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the 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. Kimley Horn 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?111111 Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.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 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. Pembroke S are Associates, LLC By: /c� _ Applicant Si ature -------- Frederick J.Napolitano,Operating Manager Print Name and Title n February ') ,2021 Date Is the applicant also the owner of the subject property? M Yes 0 No t 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 la B/142021 Signature KMIUMIIIIIIIIIIIIIIMI Print Name Ashby •ss Revised 11.09.2020 3 I P Pembroke Square Associates, LLC Agenda Item 21 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Pembroke Square Associates, LLC Agenda Item 21 Page 15 Item # 12 Pembroke Square Associates, LLC [Applicant & Property Owner] Conditional Use Permit (Housing for Seniors) Southeastern corner of intersection of Jeanne Street and Constitution Drive May 12, 2021 DEFERRED FOR 30 DAYS Mr. Weiner: Thank you. Next the deferred items. Does anybody have an item to be deferred? Please come forward. Mr. Beaman: Ms. Chairman, Mr. Vice Chairman, members of the Commission for the record, my name is Rob Beaman. I'm the attorney for the applicant on number three, and we'd like to request a 30 day deferral to continue to work with the adjacent property owners on that application. Thank you, sir. Mr. Bourdon: Mr. Chairman for the record Eddie Bourdon, Virginia Beach attorney representing item number six, Beach Development,that's a 30 day deferral because the proffers had to be modified after we met with the Shore Drive Advisory Commission and then while I'm up here, 11 and 12 also 30-day deferral because we had to revise the proffers based on some 11th hour requests and also meeting with the Town Center, what is it, the Review Committee, which that's all everything's taken place, everything's done, staff has all the revised proffers. So we'll see you next month. Mr. Weiner: Sounds good. Thank you, sir. The chair is also aware of items 13 and 14 being deferred. Being said items three, six, eleven, twelve, thirteen and fourteen are being deferred for 30 days. Can I get a motion please? Mr. Wall: Mr. Chair, I make a motion to defer agenda items number three, six, eleven,twelve, thirteen and fourteen. Mr. Weiner: Can I get second? Ms. Klein: Motion by Mr. Wall and seconded by Mrs. Klein, but we have Mr. Redmond. Mr. Redmond:Yes, thank you, Mr. Chairman. For the record, I am abstaining from voting on the deferral of agenda item number three. The broker for the owner is a colleague of mine, and he and I sometimes partner on various work projects. Mr. Weiner: Thank you. I am actually abstaining on item number six and pursuant to the state and local government Conflict of Interest Act. I make the following declaration. I'm executing this within the disclosure regarding the Planning Commission's decision to vote on item number six Beach Building Group, 2332 and 2328 Pleasure House 1 Road, Virginia Beach, Virginia, the applicant is a client of mine, Batchelder & Collins, 2305 Granby Street, I have a financial personal interest in this transaction. Therefore, I abstained from voting on this decision in this matter on May 12, 2021, Planning Commission hearing deferral. Okay, great. Madam Clerk: All right. 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? Mr. Redmond:AYE. Madam Clerk: Vice Chair Wall? Mr. Wall: AYE. Madam Clerk: Chairman Weiner? Mr. Weiner: AYE. Madam Clerk: By recorded vote of eight in favor and zero against agenda items 11, 12, 13 and 14 have been deferred for 30 days. Agenda item number three by recorded vote of seven in favor, zero against with one abstention agenda item number three has been deferred for 30 days. Agenda item number six recorded vote of seven in favor, zero against and one abstention agenda item number six has been deferred for 30 days. 2 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 3 �Ac)---N- \R�..5/ .YQ� Q R�7.5R�� S '' 7 5 Q o �� ,p o, � � � � pio o o ® . 0 p re" ° 0oQy ` $ pco0, '\o Q� , R7.5 , o , 6 �' \p 13:7o - v , B2 10_ ,, V= o /d \ o ;It O�� °�O' ado OO Dad 0:\, ° O � ; \per oo . go° O� B2 � -1 q°R7\5)e p�° o lA O 0 ° \-o�Ne 0' 4 G ,�24 O O Q o o Q G�< pO rsti� p,Q O ,ems p O ;\'' 'V-( ; o O oo� d. r �o - �V f �•AS P vp °o p d , a Q , O ,R7 5 ,�,a o o o O ftko Q o�ti %O° o -o�°� . 0. O �� o .q R75-Y � e 0 © Qopr,c5'O�4� C . ° C] ��R75� cc �,�ov 0�� Q �O F< p oR7�� > °o,04,469 q��R7.5� 0 0., p 0 OO AR7�.5 O • -'R7 5�e N Commonwealth Auto Group, Inc. Wiv--E ® Site 4873 Haygood Road s Property Polygons nZoning Feet Building 0 50100 200 300 400 500 600 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COMMONWEALTH AUTO GROUP, INC. [Applicant] WWMD PROPERTIES, LP [Property Owner] Conditional Use Permit (Motor Vehicles Sales & Rentals) for the property located at 4873 Haygood Road (GPIN 1478142890). COUNCIL DISTRICT— BAYSIDE MEETING DATE: July 6, 2021 • Background: This is a request for a Conditional Use Permit in order to operate a motor vehicles sales and rentals operation within a 4,870 square foot building with 5,800 square feet of vehicle display area. The applicant proposes to offer 38 vehicles for sale on the property. The existing canopy structure will be removed and approximately 17,960 square feet of asphalt in the front of the site will be replaced. Proposed exterior improvements to the building include painting the structure with a neutral gray color with white trim. A single-wall mounted sign on the building and reuse of the freestanding sign are proposed and will be designed and painted to match the color of the building. No auto repair is proposed in conjunction with this request. ■ Considerations: The site meets the requirements set forth in Section 239 of the Zoning Ordinance for Motor Vehicles Sales and Rentals. In Staffs view and the Planning Commission concurred, the proposal is compatible with existing uses along this section of Haygood Road and is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban area. The proposal is not immediately adjacent to residential uses and will provide a service to the community. To address concerns of the Planning Commission regarding the improvements to the site, the front of the site will increase in greenspace and a reduction of one row of parking along the right-of-way, all damaged asphalt in the front of the site will be replaced, the unattractive fuel canopy will be demolished, the number of vehicles for display will be reduced from 48 to 38 vehicles, the minimum standard of 12% interior display area landscaping will be exceeded by 40 square feet, a six-foot tall privacy fence will be installed to provide screening to the rear of the site, and all the curbing, bollards, and surfaces on the site where the paint is chipping or in obvious disrepair will be repainted and maintained while the use is active. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Commonwealth Auto Group, Inc. Page 2of4 ■ Recommendation: On June 9, 2021, the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 7-0. 1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "SITE PLAN, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA 23455, USA", dated 6/14/2021 and prepared by J.C. PAZ, DOXA, Inc., 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 building shall substantially adhere in appearance, size, color, and materials to the submitted elevations entitled "BUILDING ELEVATION, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA 23455, USA", dated 5/22/2021 and prepared by J.C. PAZ, DOXA, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. All the curbing, bollards, and surfaces on the site where the painting is chipping or in obvious despair shall be repainted and maintained while the use is active. 4. The total number of vehicles displayed for sale shall be limited to 38 vehicles and no vehicles for sale shall be available behind the building in the "Vehicle Prep Area" as denoted on the plan. 5. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings, and as identified on the Landscape Plan. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan including the landscaping located within the right-of-way. 6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. The freestanding sign to remain on site shall be repainted to match the color of the building, as depicted in the rendering on page 9 of this report. 8. The canopy structure on the site shall be removed prior to operation of the Motor Vehicles Sales and Rentals establishment. 9. The vehicle prep area shown on the concept plan, identified in Condition 1, shall not be used to display vehicles for sale at any time. Commonwealth Auto Group, Inc. Page 3 of 4 10.A11 vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11.Prior to operation of the Motor Vehicles Sales and Rentals establishment, the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 12.There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 13.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 14.There shall be no auto repair or service on the site. 15.There shall be no outside audio speakers for any purpose. 16.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 17.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 18.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Commonwealth Auto Group, Inc. Page 4 of 4 J ' Submitting Department/Agency: Planning Department 0 City Manager: Applicant Commonwealth Auto Group, Inc Agenda Item Property Owner WWMD Properties, LP / Planning Commission Public Hearing June 9, 2021(Deferred at the May 12, 8 city of" 2021 PC Hearing) Virginia Beach City Council Election District Bayside Request Conditional Use Permit (Motor Vehicle Sales & Rentals) )...iiiw x,Staff Recommendation ` -� Approval ,a P oa o Staff Planner . s na ) ,{ay$ T Marchelle Coleman "k % _y /-:„,, z Location `� '6 °6,91°J 7 4873 Haygood Road w ° °ad GPIN ese tie „E o 9 4„4,Ye `,ac P t9 No664 ,�\\0'i' acPj06 s°c 1478142890 p' aD� a rsiffte °� 0-4' a, ' a Site Size m 1 � yO.o ROc44�OO'o< 37,730 square feet / a� `°a,�s�<a� AICUZ ew,°I"%ae, p ( ' Less than 65 dB DNL , i a\ \ \,.‘"z° Watershed Chesapeake Bay Existing Land Use and Zoning District �., Vacant automobile service station/ B-2 ` �• ray �- ' °° .-� , Community Business ' os .w 3 's a°°a f o ' Surrounding Land Uses and Zoning Districts `, s, r-;•• ,' E .,,�.,, ' .0 North g „' Shopping center / B-2 Community Business ► -;, --- 111111.\\H. ` South r ,, Office/ B-2 Community Business r � 1,:. . ...,., 0\ . \ 001000t li East f Office/ B-2 Community Business "z e -1' West ., 6 ',` '�` , Haygood Road, Aragona Boulevard s r. ` Auto sales, shopping center/ B-2 Community �`� a%� �' - °�°aa f q Business a< Q�, �\ °5,3°J '� Commonwealth Auto Group, Inc Agenda Item 8 Page 1 Background & Summary of Proposal • This application was deferred at the May 12, 2021 Planning Commission Hearing to address concerns from the Planning Commission regarding the improvements to the site. Since the May hearing,the following improvements have been added to the proposal and/or additional information provided. o A section of asphalt along Haygood Road measuring approximately 64 feet in length is proposed to be removed and then planted with shrubs and trees.This will increase the amount of greenspace and results in the reduction in one row of parking along the right-of-way.The street frontage planting area is increased due to this improvement. o All damaged asphalt in the front of the site,totaling approximately 17,964 square feet,will be removed and replaced and the parking lot restriped,thereby improving aesthetics and safety. o The existing unattractive aging fuel canopy will be removed from the property.The canopy is currently a negative focal point and its removal will greatly improve the appearance of the property. o The number of vehicles available for sale has been reduced from 48 down to 38. This will aid in ensuring that the property will remain orderly and that parking for both customers and employees will be available. o The minimum standard of 12% interior display area landscaping is exceeded by 40 square feet. o The minimum required building foundation plantings are depicted on the concept plan,as required. o A building rendering has been submitted that depicts exterior improvements as well as the proposed building signage. Building improvements include painting of the exterior in a gray color scheme with white trim. Both the proposed building and freestanding signs are of modest design with a neutral color scheme.The building sign is 15 square feet less than the maximum allowed per the ordinance.The freestanding sign meets the standards outlined in the Zoning Ordinance. o A six-foot tall wood privacy fence is proposed along the rear of the site.While not immediately adjacent to residential uses,this fence will serve to screen the entire rear of the site to include the employee parking area,the existing mechanical building,the vehicle prep area,and the proposed dumpster from view of adjacent commercially-zoned properties. • The applicant is seeking a Conditional Use Permit for Motor Vehicle Sales and Rentals on a 37,730 square foot parcel zoned B-2 Community Business District. A Conditional Use Permit for fuel sales with a convenience store was granted on this site by City Council on September 13, 1982.The site has likely been vacant from sometime between 2018 and now. • The site is currently developed with a 4,873 square foot one-story building, a mechanical building,and a canopy structure that existed from the previous automobile service station.The canopy structure will be demolished prior to operation of the auto sales establishment,as recommended in Condition 4. • The applicant proposes to display up to 38 vehicles on the site. No auto repair is proposed,and a condition is recommended prohibiting that activity. • The submitted concept plan,as shown on page seven, depicts the proposed designated vehicle display areas on three sides of the building.The proposed plan provides a sufficient number of parking spaces for customers and employees. Employee parking is proposed to be located in the rear of the site. Commonwealth Auto Group, Inc Agenda Item 8 Page 2 • Per Section 203 of the Zoning Ordinance,five parking spaces are required.This on-site parking requirement can be met and will be exceeded by nine spaces. • An existing 12-foot freestanding sign will remain on the site, located along Haygood Road.The face of the freestanding sign is proposed to be modified with the addition of the applicant's logo and painting of the structure to match the gray color of the building, as shown on page 10. In addition,a new 60 square foot sign is proposed for the building,as depicted on page eight of this report. • Typical hours of operation are proposed as 9:00 a.m.—6:00 p.m., Monday through Saturday.There will be four employees on the property during regular business hours. 4 �yo.06 Zoning History # Request P J 1 CUP(Motor Vehicle Sales&Rentals,Automobile Repair ��, `, Garage)Approved 09/20/2016 2 CUP(Fuel Sales)Approved 06/17/2014 `,`' 3 CUP(Mini-Warehouse)Approved 02/11/2003 j/� 4 CUP(Motor Vehicle Sales)Approved 01/22/2002 5 CUP(Fuel Sales with a convenience store)Approved ` 09/13/1982 4' ccdp _. . e.1 0. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for Motor Vehicle Sales and Rentals, in Staff's opinion, is acceptable.Auto- related uses have existed on this property since 1983,and in the vicinity,for several decades.The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the auto sales business provides a service to the area and is compatible with the number of automobile related service uses along this section of Haygood Road.The redevelopment of this site will be in conformance with the Comprehensive Plan,as it is improving the quality and attractiveness of the site and buildings.The proposed landscaping, as depicted on the conceptual layout plan, and the exterior changes to the dilapidated building to include new paint and new proposed signage,will contribute to the enhancement of the aesthetics of the site. Section 5A.4 of the Site Plan Ordinance requires a minimum of 12 percent of the display area to be planted,or approximately 698 square feet in this instance.As shown on the submitted conceptual plan,the applicant has exceeded this requirement by approximately 40 square feet. In addition,the street frontage and building foundation landscaping depicted on the conceptual plan meets and, in some instances, exceeds the requirements set forth in the City's Zoning Ordinance. After the May 12`h Planning Commission Hearing,the applicant worked with Staff to address comments provided at the hearing regarding the number of vehicles for display on the property as well as improvements aesthetically to both the Commonwealth Auto Group, Inc Agenda Item 8 Page 3 property and the building. As noted above,the applicant has addressed these issues that include the expansion of the street frontage plantings along the right-of-way,the improvements to the building via renderings that indicate proposed upgrades,exhibits provided related to both the building and freestanding signage, and a concept plan that clearly indicates landscaping and site improvements such as replacement of the damaged asphalt on the site. Specifically,the applicant proposes to remove the existing canopy on the site and replace all the damaged asphalt in the front of the property totaling 17,964 square feet, remove a row of display vehicles along Haygood Road to increase the street frontage landscaping along the public right-of-way by 546 square feet, reduce the originally proposed 48 vehicles for sale to 38 vehicles, and install plants in excess of the 12%interior display area landscaping requirement by 40 square feet.A six-foot tall wood privacy fence is proposed along the rear of the site,although not immediately adjacent to residentially-zoned parcels,to screen the employee parking area,the existing mechanical building,the vehicle prep area, and the proposed dumpster. It is Staff's view that the applicant has addressed the noted concerns and that these improvements will enhance the aesthetics of the site as well as the vicinity. Traffic Engineering reviewed and commented that the proposed motor vehicles sales and rentals establishment would result in a significant decrease in traffic generation when compared to the previous use of fuel sales and a convenience store on the site. Based on these considerations,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "SITE PLAN, 4873 HAYGOOD ROAD,VIRGINIA BEACH,VA 23455, USA",dated 6/14/2021 and prepared by J.C. PAZ, DOXA, Inc., 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 building shall substantially adhere in appearance,size,color, and materials to the submitted elevations entitled "BUILDING ELEVATION,4873 HAYGOOD ROAD,VIRGINIA BEACH,VA 23455, USA",dated 5/22/2021 and prepared by J.C. PAZ, DOXA, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. All the curbing, bollards, and surfaces on the site where the painting is chipping or in obvious despair shall be repainted and maintained while the use is active. 4. The total number of vehicles displayed for sale shall be limited to 38 vehicles and no vehicles for sale shall be available behind the building in the"Vehicle Prep Area"as denoted on the plan. 5. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy.The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to,the installation of street frontage plantings, building foundation plantings, and interior display plantings, and as identified on the Landscape Plan.All landscaping shall be maintained on-site in accordance with the approved Landscape Plan including the landscaping located within the right-of-way. 6. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. The freestanding sign to remain on site shall be repainted to match the color of the building,as depicted in the rendering on page 9 of this report. Commonwealth Auto Group, Inc Agenda Item 8 Page 4 8. The canopy structure on the site shall be removed prior to operation of the Motor Vehicles Sales and Rentals establishment. 9. The vehicle prep area shown on the concept plan, identified in Condition 1,shall not be used to display vehicles for sale at any time. 10. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11. Prior to operation of the Motor Vehicles Sales and Rentals establishment,the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 12. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 13. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 14. There shall be no auto repair or service on the site. 15. There shall be no outside audio speakers for any purpose. 16. There shall be no signs which contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs,or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees,or fences,or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs,or electronic display signs on the site. 17. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. No window signage shall be permitted. 18. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded,and focused away from all adjoining properties. 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; Commonwealth Auto Group, Inc Agenda Item 8 Page 5 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 Haygood Road 20,700 ADT' 25,100 ADT 1(LOS 4"D") Existing Land Use Z—2,400 ADT Proposed Land Use 3—73 ADT 1 Average Daily Trips 2 as defined by an automobile 3 as defined by a used automobile 4 LOS=Level of Service service station with 12 fueling sales establishment pumps and convenience store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Haygood Road is a four lane minor urban arterial. The MTP shows a four lane minor arterial with an ultimate right-of- way of 110-feet. There are currently no CIP projects scheduled for this segment of Haygood Road. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27, 2021. Commonwealth Auto Group, Inc Agenda Item 8 Page 6 • 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 June 21, 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 July 2, 2021. Commonwealth Auto Group, Inc Agenda Item 8 Page 7 Proposed Site Layout N \___.-EXISTING MONUMENT SIGN 250`- - - \\ F34.8934 PROPERTY LINE -- _ :,... 17-/-/-7,47-/ PROPOSED DISPLAY AREA 1 n PROPOSED NEW ASHPALT DISPLAY t C g AREA AND DRIVEWAY TOTAL 17,364 SO FT n D f VEHICLE PREP AREA ....WWI / .E Z a: 0 CO �- rf.Aii vI 5 HPP CO O ,�rF, ,_ 1�STRUCTURE r on4'1 n A u e ,r a , 2 N y s n G M 4 O 1. o0e 152 I d VEHICLE PREP AREA � -, & ��y�� 32 31 30 29 28 27 m 0 PROPOSED OWL.,Nana rEx � , NO.tACSDARlic z VR/r°5'DE PROPOSED ESP/A:SON Q 3DJ� DRIVEWAY PROPOSED DRPUY AREA 3 L I a \1\5\ 16 1?\\1\8\ 19\[C 21 �2 23 24 25 26 -ERTr LINE 1 -P50 - IMPERVIOUS SURFACE CALCULATION TOTAL SURFACE — LOT AREA: 37,732 SQ. FT. (0.863 ACRES) TOTAL IMPERVIOUS SURFACE: 32,677 SO. FT. (0.762 ACRES) IMPERVIOUS SURFACE=32,677 / 37,732 = 0.866 = 86.60% TOTAL INTERIOR LANDSCAPED AREA = 738 SO. FT. TOTAL PROPOSED LANDSCAPED AREA: 4,503 SQ. FT TOTAL PROPOSED DISPLAY AREA: 5,814 SQ. FT TOTAL PROPOSED NEW ASPHALT AREA : 17,964 SQ. FT. Commonwealth Auto Group, Inc Agenda Item 8 Page 8 Proposed Landscape Plan N. E1 TI. 9 f-T 1 H I Ei E E. -T L III j ,,F -E E E - r1-., I - 7 s ♦ e(i _ EHI LE E - n 1f `:� € — T E n I,11 1 _ w 8 ( n 1 .a m I _c. tI m _ ckI uu ? m `"� B9 EH. I E E - E- m �I1, rim ; .. i v I rl IL __ {.`,r-I. E • H-LT a I.- -E- t 71 I ` n -. l \___. ,mil ' 1 it- 1 I Li 1 '1 1 11 II 1! ' 1 -1 I 11 I I• II rIII I H II Commonwealth Auto Group, Inc Agenda Item 8 Page 9 Proposed Freestanding Sign Commonwealt Auto Group BUY • SELL • TRADE 'V. 6888 r Commonwealth Auto Group, Inc Agenda Item 8 Page 10 Proposed Building Rendering & Sign White Trim C'O\1\1O\111'.:U I liAt I°GROU P. COM —60Sq.Ft.Building Sign Ih Gray Building Color I ,ratimarommosi UL FRONT BUILDING ELEVATION White Trim Gray Building Color _,s REAR BUILDING ELEVATION Commonwealth Auto Group, Inc Agenda Item 8 Page 11 Site Photos '14 4- „.. , _ , -- I Zi=i1 . . ''- w ow - _ r.:_:4*.t.....1. : 17' I. 117-- --::::- °mot .. • X 9 3 : I.N. Tictk ti , ...IV"- .z cam- tia ---- �� ♦. �*_\ / ♦ �. -� t ::141111rf44116111°114L4' l :1-1:Hr ^.. Commonwealth Auto Group, Inc Agenda Item 8 Page 12 Site Photos ,r • - r f. A. 7. —— --•_--:13:jp.amd'r-----r.=.j. — . . - •a 1 • mom i MINIM - ___ 4.La._ ,0 mi --7- 4'-`411rill *". t x".1.-.., a; e} A� + tin. • i CY "fR.1'7! h'� 1 !r L'. `� �-a+-. • rrip ,. , , _ ...1 a Eg I .z. • • Commonwealth Auto Group, Inc Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement "\B City,t':ryiniu 8u,i Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Commonwealth Auto Group Inc Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Chris Reece 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) Chris Reece President • 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. Revised 11.09.2020 1 Commonwealth Auto Group, Inc Agenda Item 8 Page 14 Disclosure Statement Disclosure Statement City of Vt yinia Bah 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? 1 Yes ❑ No • If yes,identify the financial institutions providing the service. SBA 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. 1LL Michael Schutle 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 NE No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 Commonwealth Auto Group, Inc Agenda Item 8 Page 15 Disclosure Statement Disclosure Statement Ca oft%attic yv9� Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes EN 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 L/ 'V I 1 RPPCG S ie104:t Print Name and Title 3-R3-A0 ---. Date Is the applicant also the owner of the subject property? ❑Yes cgNo • If yes,yo..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 6/17/2021 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 I Commonwealth Auto Group, Inc Agenda Item 8 Page 16 Disclosure Statement Disclosure Statement Nira Planning&Community Development Owner Disclosure Owner Name WWMD Properties,LP Applicant Name Commonwealth Auto Group Inc 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) Stephen T.Williams,Sr. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IN 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. gevrsed 11.09.2020 S Commonwealth Auto Group, Inc Agenda Item 8 Page 17 Disclosure Statement Disclosure Statement 1113 esy oplrgatte Berh Planning&Community ter:- 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. Kevin O'Keefe and Natalie Hucke with Colliers 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 • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?U Yes ❑No • If yes,identify the purchaser and purchaser's service providers. Christopher Reece/Commonwealth Auto Group,Inc. 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 • 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 • No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Commonwealth Auto Group, Inc Agenda Item 8 Page 18 Disclosure Statement t Disclosure Statement .li§n'1YSJL':Am'. Planning&Comma x. Develop:writ 1 g 8. Is the Owner receiving legal services irionnection with the subject of the application or any business operating or to he operated on the property?0 Yes II No • It yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public b dy or committee in connection with this application. Owner Signature Me her StV grTi Wi(�iaMssfSr//n+iember Print Name and Title 7-19 LUL/ Date - —- -- - - Commonwealth Auto Group, Inc Agenda Item 8 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. Commonwealth Auto Group, Inc Agenda Item 8 Page 20 Item #8 Commonwealth Auto Group [Applicant] WWMD Properties LP [Property Owner] Conditional Use Permit (Motor Vehicle Sales & Rentals) 4873 Haygood Road June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Thank you. The next item on the agenda is Commonwealth Auto Group as the applicant and WWMD Properties. LP is the property, requesting a Conditional Use Permit for Motor Vehicle Sales and Rentals. Its located in the Bayside District. Is there an applicant or a representative for this item? Mr. Ramon: Good afternoon, I'm Joe Anthony Ramon. I'm the dealer operator for Commonwealth Auto Group. I'm also the State Vice President of Virginia Independent Auto Leader Association. Mr. Wall: Are the conditions acceptable to you? Mr. Ramon: Yes, they are acceptable. The pavement in a front is roughly 25,000 feet,just wanted to notate that as well. Mr. Wall: Okay. Well, thank you. Okay, is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Redmond to read this into the record. Mr. Redmond: Thank you, Mr. Wall. This is an application for a Conditional Use Permit for Motor Vehicle Sales at 4873 Haygood Road. This application first came before us a month ago. It was deferred. We had some suggestions for improvements to the property and to the application itself. I want to thank and commend the applicant, they responded very well to our requests and improve the application and the treatment of this property. Such that I now believe and the commission agrees that it is appropriate to be placed on consent. Thank you, Mr. Wall. Mr.Wall: Okay,thank you.That was the last item on the regular consent agenda.The Planning Commission also places the following applications for Conditional Use Permits for Short Term Rentals on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan&Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the Short Term Rental consent agenda. 1 Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, 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. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: 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 items 4, 5, 6, 7, 8, 9, 13, 19,20, 21, 24, 25, 28, 31, 37, 38, and 39 have been recommended for approval by consent. 2 Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "SITE PLAN, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA 23455, USA", dated 6/10/2021 and prepared by J.C. PAZ, DOXA, Inc., 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 building shall substantially adhere in appearance, size, color, and materials to the submitted elevations entitled "BUILDING ELEVATION, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA 23455, USA", dated 5/22/2021 and prepared by J.C. PAZ, DOXA, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. All the curbing, bollards, and surfaces on the site where the painting is chipping or in obvious despair shall be repainted and maintained while the use is active. 4. The total number of vehicles displayed for sale shall be limited to 38 vehicles and no vehicles for sale shall be available behind the building in the "Vehicle Prep Area" as denoted on the plan. 5. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings, and as identified on the Landscape Plan. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan including the landscaping located within the right-of-way. 3 6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. The freestanding sign to remain on site shall be repainted to match the color of the building, as depicted in the rendering on page 9 of this report. 8. The canopy structure on the site shall be removed prior to operation of the Motor Vehicles Sales and Rentals establishment. 9. The vehicle prep area shown on the concept plan, identified in Condition 1, shall not be used to display vehicles for sale at any time. 10.All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11. Prior to operation of the Motor Vehicles Sales and Rentals establishment, the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 12. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 13. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 14. There shall be no auto repair or service on the site. 15. There shall be no outside audio speakers for any purpose. 16. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 17. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 18.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 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 4 the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 lir OR %OR 1 ® ORS �\i - �:, o Ceet 0 '----- ---- t OR 0 �R -o� �f 21stS ` . ,Street Nab{ ` _,, i 2�st t Str t _- 0 OR OR 1s - tc_ et b ,\ rest � ,OR � �� c- QU t 2�.Ch °� � t U o 0 R` ,OR 21st S 6 o Qqx t 0 ` co • , ,CDV=3 0?..4,,,--------213,111r-,--\--\111°80treetCOR tiic='• OR 1��2�Th S v \ ,Styes .. O R - �__ ,/ a� �n � �1h 1'-1 1. o �, �� , rest ---- tp • R a 2� � P0'-h_-- ` � — p R-3 2- \\' \ t= 12 1-� QQ GA) OR Stree cc 0eD 0 ° N OR ® , OR t 5---.Vj' t6q co Stree GOB gtre- Q319ham OR 11 OR ' N Traci R. & Michael L. McGlynn W,�� .E %// Site 523 20 '/2 Street vo s Property Polygons - Zoning Feet Building 0 3060 120 180 240 300 360 I C., , � ,t'S ^sti'',':1 4 i�T7 � xsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRACI & MICHAEL MCGLYNN [Applicant & Property Owner] Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit (Short Term Rental) for the property located at 523 20 1/2 Street (GPIN 24179788130001). COUNCIL DISTRICT — BEACH MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Modification of Conditions for a Special Exception for Alternative Compliance that was approved by City Council in 2018 as well as a Conditional Use Permit for a Short Term Rental. The 7,800 square-foot parcel zoned OR Oceanfront Resort Form Based Code District was developed in 2020 with three detached house building types with one dwelling unit within each building. These requests are limited to the unit owned by the applicant at 523 20 1/2 Street. With respect to Modification of Conditions, the applicant would like to eliminate condition #8 of the approved Special Exception for Alternative Compliance, which states, "Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling."As a Short Term Rental is a separate conditional use from a residential use, as noted in Appendix 1 , Section 5.2 (Use Table/Lodging) of the City Zoning Ordinance, the elimination of this condition is necessary in order to operate a Short Term Rental. The minimum number of parking spaces required for the Short Term Rental use is one per bedroom, or four spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental unit is twelve; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 10, 2021 , Host Compliance shows no active advertisements for a Short Term Rental associated with the subject address. • Considerations: The site is adjacent to the ViBe Creative District, which contains a myriad of commercial and residential uses with an emphasis on arts and culture. The property is surrounded by other detached dwelling types and duplex-style buildings. In addition, the lot is approximately 400 feet from a partially vacant tract Traci & Michael McGlynn Page 2 of 6 referred to as The Dome Site, which is proposed for recreational and commercial redevelopment in the near future. Furthermore, the subject property is approximately 2,100 feet, or 0.4 miles, from the public beach of the Atlantic Ocean and 1,350 feet, or 0.25 miles, from the Virginia Beach Convention Center. The City Assessor's record notes the subject dwelling as containing four bedrooms, which equates to four required off-street parking spaces for Short Term Rental use. The applicant's unit can accommodate three off-street parking spaces on-site, two in the driveway and one in the garage. The required fourth parking space is proposed at an off-site commercial parking lot at 301 20th Street, which is 1,356 feet, or 0.25 miles, from the subject address. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable with the stipulation that the applicant obtain an executed parking lease for the off-site space and the space always be available to the tenants of the Short Term Rental unit. A one-year unexecuted lease agreement for the off-site parking space was submitted by the applicant. Recommended condition#3 addresses this matter. Furthermore, the property is within the boundary of the Residential Parking Permit Program, where parking during the evening and overnight hours is limited. Consequently, a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There were two citizens opposed to the request that were present at the public hearing and three letters of opposition were received by Staff. The opposition expressed concerns relating to Short Term Rentals in general, while also focusing on their reported negative experiences with an existing Short Term Rental located across the street from the applicant's address. Specific concerns noted included excessive noise, lack of available off-street parking, excess number of Short Term rentals in the neighborhood, and an unkempt yard. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend approval of these requests by a vote of 6-0. Recommended conditions for the Modification of Conditions 1. All conditions attached to the Alternative Compliance granted on June 19, 2018 are hereby deleted and superseded by the following conditions. 2. When the property is developed, with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, Traci & Michael McGlynn Page 3 of 6 "ALTERNATIVE COMPLIANCE EXHIBIT, SITE IMPROVEMENT PLAN," dated 02-27-2018, as prepared by WPL. Said exhibit 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 developed, with the exception of any conditions below, the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet, as prescribed by the Oceanfront Resort District Form- Based Code. 5. Where "planting bed" is called out on the submitted site exhibit, a mixture of groundcover, evergreen, woody, grassy, and ornamental plantings shall be used. As part of site plan review, where the planting bed is over four feet in dimension, the Development Services Center Landscape Reviewer may request up to 200% of the number of plantings required to meet the minimum foundation landscaping criteria. 6. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 7. The applicant shall make all right-of-way improvements as required for 20th Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. Recommended conditions for the Conditional Use Permit for Short Term Rental 1. The following conditions shall only apply to the dwelling unit addressed as 523 20 '/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Traci & Michael McGlynn Page 4of6 3. A fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. An executed lease for this parking space shall be submitted to the Zoning Administrator for review within 90 days of City Council's approval of the Short Term Rental Conditional Use Permit request. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Traci & Michael McGlynn Page 5 of 6 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 19.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report & Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (1) / Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Traci & Michael McGlynn Page 6 of 6 Submitting Department/Agency: Planning Department 6e? City Manager: Applicant & Property Owner:Traci R. & Michael McGlynn Agenda Items Planning Commission Public Hearing:June 9, 2021 26 27 City Council Election District: Beach & ct,y t,, Virginia Beach Requests 26- Modification of Conditions(Section 2.9 of the Oceanfront Resort District Form Based Code) oleo, 1, 2.0 0% 09, ': 44 27-Conditional Use Permit (Short Term a l�h9 0,0 L Rental) a'"NN, ♦ 20,vest t Staff Recommendation Te :5o 220,st�µ Approval • Staff Planner am ° . William Miller Ili .rlik • Location ' 9�- 523 20 1/2Street G PI N � ,,,,5„et 24179788130001 t Site Size 1 0Vk_. ,. I._ \ 7,800 square feet N AICUZ 65-70 dB DNL;Sub-Area 1 Watershed Chesapeake Bay I, Existing Land Use and Zoning District I ' Detached house use/OR Oceanfront Resort m i. ' 4 -'= .. Surrounding Land Uses and Zoning Districts North , , ' 20 A Street . 4- Detached house use/OR Oceanfront Resort South f f. St,t,t • Y Z�, • 20th Street ' `�� - Detached house use/OR Oceanfront Resort 9 ;a ' ;= East Duplex/OR Oceanfront Resort 'a. t `, . West Detached house use/OR Oceanfront Resort Traci R. & Michael McGlynn Agenda Items 26&27 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,800 square foot property is zoned OR Oceanfront Resort and contains three detached building types (detached building types as defined in Appendix 1 of the City Zoning Ordinance). • On June 19, 2018,City Council granted a Special Exception for Alternative Compliance to the developer of the subject property.The request was for a deviation of Section 2.4.2(a)(3)of the Form-Based Code,which states, "When multiple primary buildings or building types are placed on the same lot, each building must be able to meet the minimum lot criteria of its associated building type whether or not actual lot lines exist."The proposed layout did not provide the minimum lot width or minimum lot area for the rear unit, now addressed as 523 20 Y2 Street. This site contains three detached building types,with each building containing one dwelling unit.The prescriptive code requirement,which is found in Appendix 1,Section 2.9 of the City Zoning Ordinance,calls for each detached building type to contain 3,000 square feet of lot size and 30 feet of lot width. So,for three detached building types with one dwelling unit in each building, 9,000 square feet of lot size and 90 feet of lot width is required. Because the subject property only contains 60 feet of lot width and 7,800 square feet of lot size,the site is deficient in lot width by 30 feet and lot size by 1,200 square feet.As a result,the developer petitioned City Council for a Special Exception to this requirement,which,after being granted on June 19, 2018,allowed 523 20%2 Street (the subject detached building)to be constructed on this site. • The applicant is seeking to modify one of the conditions associated with the June 19,2018 City Council approval. Specifically,they would like to eliminate condition#8,which states, "Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling."Because Short Term Rental is a separate principal use from residential use,as noted in Appendix 1,Section 5.2 (Use Table—Lodging) of the City Zoning Ordinance,the elimination of this condition is necessary to allow for the granting of a Short Term Rental Conditional Use Permit,which the applicant is requesting as described below. • As previously noted,the applicant is also requesting a Short Term Rental Conditional Use Permit for one of the three detached homes located on this lot, 523 20%2 Street. • According to City records,this four-bedroom detached house was constructed in 2020. • Staff inspected the site on March 23, 2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 20%2 Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. Traci R. & Michael McGlynn Agenda Items 26&27 Page 2 • Known Short Term Rental activity as of May 18, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm: 8-As recommended in condition#18 • Number of parking spaces required (1 space per bedroom required):4 • Number of parking spaces provided on-site:3* *One parking space will be provided off site(1/4 mile from the subject property) a ,, -,`1 ,, t- Zoning History # Request 1 , 2 1 ALT(Special Exception for Alternative Compliance— �,�,N0sve- minimum lot criteria associated with building type and 1 - i , 1.,' '' // t number of buildings proposed)Approved 06/19/2018 I • , l ,` 1, 2 ALT(Special Exception for Alternative Compliance— proposed construction of multiple building types on one lot �j',,." \ 'L _ [row homes and detached house)/deficiency in the I. i number of yards required/deficiency in lot size and i outdoor amenity space/no City Council condition relating ti `•\---,_� to use)Approved 06/07/2016 2,0.we" / 3 ALT(Special Exception for Alternative Compliance— _ �., proposed construction of more than the allowable number ` of building types per lot/no City Council condition relating to use)Approved 09/16/2014 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 Evaluation & Recommendation The site is adjacent to the ViBe Creative District,which is home to a myriad of commercial and residential uses with an emphasis on arts and culture.This parcel was developed in 2020 and contains three detached buildings with one Traci R. & Michael McGlynn Agenda Items 26&27 Page 3 dwelling unit in each building.The property is surrounded by other detached dwelling types and duplex style buildings. In addition,the lot sits approximately 400 feet from a partially vacant tract referred to as The Dome Site,which is proposed for recreational and commercial redeveloped in the near future. Furthermore,the subject property sits approximately 2,100 feet,or.4 miles,from the public beach of the Atlantic Ocean and 1,350 feet,or.25 miles,from the Virginia Beach Convention Center.The applicant only owns one of the three detached buildings on this property, 523 20 %2 Street. The applicant is requesting a Conditional Use Permit for Short Term Rental use at 523 20%Street,which is one of three existing dwellings on this property,and to Modify the Conditions of a 2018 Special Exception for Alternative Compliance that was granted by City Council.Specifically,the applicant would like to eliminate condition#8,which states, "Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling."Because Short Term Rental is a separate principal use from residential use, as noted in Appendix 1,Section 5.2 (Use Table— Lodging) of the City Zoning Ordinance,the elimination of this condition is necessary to allow for the granting of a Short Term Rental Conditional Use Permit, if City Council chooses to grant such request. In addition,the granting of this modification would not else allow Short Term Rental use within the remaining two homes on the subject site since only the applicant's address and GPIN number were included as part of the Modification of Conditions advertisement. Moreover, a if--a Conditional Use Permit for Short Term Rental Use must be is applied for and granted under the requirements of the present City Zoning Ordinance for the two remaining dwellings on the property(523 &521 20th Street). The city assessment record notes the subject dwelling as containing four bedrooms,which equates to four required off- street parking spaces for Short Term Rental use.The applicant can fit three off-street parking spaces on-site,two in the driveway and one in the garage,which leaves one space unaccounted for.The applicant was made aware of this deficiency and provided with a few potential remedies, such as exploring the possibility of reducing the bedroom count in the home through the City Assessor's Office,submitting a code compliant engineered plan to enlarge the existing driveway(pending a review by the Zoning Administration and the Development Services Center Division of the Planning Department), or locating a leasable commercial parking space within%mile of the home. Ultimately,the applicant submitted documentation of their intent to lease an off-site parking space within the commercial parking lot located at 301 20th street.This lot is 1,356 feet,or.25 miles,from the subject address.A one year unexecuted lease agreement for the off-site parking space was submitted by the applicant. As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable with the stipulation that the applicant obtain an executed parking lease for the off-site space and the space always be available to the tenants of the Short Term Rental unit. Recommended condition#3 addresses this matter. Furthermore,the property is within the boundary of the Residential Parking Permit Program, where parking during the evening and overnight hours is limited. Consequently,a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active.All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions for Item 26 1. All conditions attached to the Alternative Compliance granted on June 19, 2018 are hereby deleted and superseded by the following conditions. Traci R. & Michael McGlynn Agenda Items 26&27 Page 4 2. When the property is developed,with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, "ALTERNATIVE COMPLIANCE EXHIBIT,SITE IMPROVEMENT PLAN," dated 02- 27-2018,as prepared by WPL. Said exhibit 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 developed,with the exception of any conditions below,the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group.These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet, as prescribed by the Oceanfront Resort District Form-Based Code. 5. Where "planting bed" is called out on the submitted site exhibit,a mixture of groundcover,evergreen,woody, grassy, and ornamental plantings shall be used. As part of site plan review,where the planting bed is over four feet in dimension,the Development Services Center Landscape Reviewer may request up to 200%of the number of plantings required to meet the minimum foundation landscaping criteria. 6. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 7. The applicant shall make all right-of-way improvements as required for 20th Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 8. All mechanical equipment, including but not limited to HVAC units,shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 9. With the exception of 523 20%2 Street,each of the Detached Houses shall not be used for any other principle use than one single-family dwelling. Recommended Conditions for Item 27 1. The following conditions shall only apply to the dwelling unit addressed as 523 20 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A fourth (4th) parking space,at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times.An executed lease for this parking space shall be submitted to the Zoning Administrator for review within 90 days of City Council's approval of the Short Term Rental Conditional Use Permit request. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. Traci R. & Michael McGlynn Agenda Items 26&27 Page 5 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 8. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. Traci R. & Michael McGlynn Agenda Items 26&27 Page 6 19. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Conditions of 2018 Special Exception Request 1. When the property is developed,with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, "ALTERNATIVE COMPLIANCE EXHIBIT, SITE IMPROVEMENT PLAN," dated 02- 27-2018,as prepared by WPL. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When the site is developed,with the exception of any conditions below,the structures constructed shall have the architectural features, materials,and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group.These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. With the exception of the garages,each unit shall have a finished floor elevation of no less than two feet, as prescribed by the Oceanfront Resort District Form-Based Code. 4. Where"planting bed" is called out on the submitted site exhibit,a mixture of groundcover,evergreen,woody, grassy, and ornamental plantings shall be used.As part of site plan review, where the planting bed is over four feet in dimension,the Development Services Center Landscape Reviewer may request up to 200%of the number of plantings required to meet the minimum foundation landscaping criteria. 5. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 6. The applicant shall make all right-of-way improvements as required for 20th Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 7. All mechanical equipment, including but not limited to HVAC units,shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 8. Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling. Public Outreach Information Traci R. & Michael McGlynn Agenda Items 26&27 Page 7 Planning Commission • The applicant reported that they met with the surrounding property owners. One letter of support and three letters of opposition have been received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021,and May 30, 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 May 24,2021. • 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27,2021. • 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 June 21, 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 July 2,2021. Traci R. & Michael McGlynn Agenda Items 26&27 Page 8 Proposed Site Layout 20 1/2 Street .vsx� 1 2 Bh,k E 523 20' o Street ❑ f Parking for 523 20th Street -! .o �� Parking for 521 20th Street L 523 20th ^ 521 20th Street Street I =- 20th Street 9' x 18' parking space 9' x 18' parking space in garage * The fourth parking space will be located off-site. The address of the space is 301 20th Street. This commercial parking lot is .25 miles from the subject property. Traci R. & Michael McGlynn Agenda Items 26&27 Page 9 Site Photos ---- --,..„. .. .. .. t.t, .40e. -,,,„ N. :. 1 -" " i ' - \ . . .-- - .' '. ,11.10 • 7,7,,-----:-.5.,Z;i--'.-.--.: , . . . . , A' .. Nip- -- II '-AI '1 Ilit . it ttt 4 ti -. ' t' ----- ti - I :?•-,-6-.'f,AL‘,..L; r- - . - • ._ "1 r, - , ., - - • • -------, .. i II i . - i.„.L.• , 11_ I •* ..„ ...., . . - t . ,1=-I' ..-,-:,--':''''_------__1.-_,'; '.-.--1-7,,,':--.',7_-_:%.„ ,,f---'''''--- -:"'-•'''''''''''''''::'-'.----'-''';':'-'''''''''''''::--'''''':--' 23 20 1/2 Street , - ----___ ._ .. . ,_ . ./ •,, .‘, .... _..1. 4.... iiIIIIIIIIII[11 416:i,1,11!..L ,14!;- •.- ' - -If 4-,i ' ' .-.. --.. 1'' , -----=-'r „-_-_- .-,.____ ii -..1 ___-,,..s . •..,,_, - - -_, - --)rf - _ ,.. Traci R. & Michael McGlynn Agenda Items 26 & 27 Page 10 Site Photos a — - :: -4146° --. lir .. ____ ,-„. •• I!fllllllllllll I ,,„„.,,, 1 , •. ,„.„ . _• __., _ ,„_,,_. ..iihip ei%__ i f Iroff ... 4 +t _--_'____ - ____ _ 1-,_i �': -- - 114.1111111 ___A _________ 0 5 s F' 2 . 3 Gr IIII ' _ • 0 Traci R. & Michael McGlynn Agenda Items 26&27 Page 11 Disclosure Statement Disclosure Statement • t ofreAcau Bead - '::_ t 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 t { Applicant Name ►raci a'�j Mtthrcl I fynl`1 Does the applicant have a representative? ❑Yes Q No • If yes,list the name of the representative. \ Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes [ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) I"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Traci R. & Michael McGlynn Agenda Items 26& 27 Page 12 Disclosure Statement Disclosure Statement', City q!Prminia Se Planning&Community _ hc` 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 Disdosure 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. I s vlr1�, t' 1�z1. — 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑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 'No • If yes,identify the purchaser and purchaser's service providers. 21 Traci R. & Michael McGlynn Agenda Items 26 & 27 Page 13 Disclosure Statement .Disclosure Statement • , , VB Cay dn9 do grad, „,.,-- - ,,,x-L`"'..S'i++ Planning&Community >f.. Development - 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the 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. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and indivi ual 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 T, c„ Me.e. 6 t kin o R1 rcii. it nice, ,',;,! Print Name and Title / 1 i 31 lao� - Date r Is the applicant also the owner of the subject property? In Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No ch.niaa of We 06.14.2021 s*"'ture W a2.1 4n,Maier Print Name William Miller 31 Traci R. & Michael McGlynn Agenda Items 26 & 27 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Traci R. & Michael McGlynn Agenda Items 26&27 Page 15 STR VICINITY MAP TRACI & MICHAEL MCGLYNN — 523 20TH % STREET r t!U11I1u1 IV\ ---2--261°5 4——rtn ---———----:'` g 111O 1 -1•, 1 s1111 _ �, - _5 et ,, t — ', r_—._j 0 1 - Short Term Rentals -----_--t--ki e- , - \, Status `-� _ - -- Q Approved �t, trget l . t t•e • Denied _ - i .1 0 -63 Q Under Review pN1a$ l'Q Q Registered r� Ili .({� 2t Q 1 •1- tree N irl� I -`---,-ti✓11'�� Updated on 06-15-2021 Item # 26 Traci R. & Michael L. McGlynn [Applicants & Property Owners] Modification of Conditions 523 20th 1/2 Street June 9, 2021 RECOMMENDED FOR APPROVAL - HEARD Ms. Sandloop: Mr. Weiner, do you want me to read 26 and 27 together or individually? Mr. Weiner: I think we're gonna need to do that individually because one is a short-term rental, or how would we work that. Ms. Sandloop: Okay. Mr. Weiner: Can we do it together? Since it's same person? We do it separate. Let's do separate. Ms. Sandloop: Okay. Mr. Tajan: The question will end up bleeding over Mr. Chair. My recommendation is that we read them together. Mr. Weiner: Perfect, read them together. Okay, we're good. Ms. Sandloop: Okay, the next two items are agenda items number 26 and 27. They are both applications from Traci R. & Michael L. McGlynn. The first number 26 being an application for modification of conditions on property located at 523 20th and a half Street. Item number 27 is an application for a conditional use permit short-term rental on property located at 523 20th and a half street in the Beach District, the applicant or the applicants representative please step to the podium. 1 Mr. Weiner: Welcome, ma'am. Ms. McGlynn: Hi, thank you. My name is Traci McGlynn. My husband and I have been living in the subject property for the last year and have absolutely loved living at the beach and in the VIBe District. Recently, however, we decided to buy a beach bungalow on 35th Street but to afford the house we would have to short term rent our home on 20th and a half Street. This was not an easy decision as we have loved our home and our neighbors. I know many people have concerns about living near a short-term rental, we have discussed concerns with our neighbors that share the lot with us and after discussions, and they support our decision. We will be living on 35th Street which is only about a mile away so we can check on guests easily and be visible presence which will help defer some of the disruptions of a short- term rental. Even before the Planning Commission added the one rental per week, we were planning on a seven day Saturday to Saturday rental schedule. We'll be advertising the home as a great place for a family vacation and really market the home for families. This will minimize the large groups here to party, which we will include in our rules of no parties and will maintain a visible presence to ensure adherence to these rules. I will, of course, provide my personal contact information to my immediate neighbors along with the posted sign with the contact information. We have worked to keep our lawn and flower beds in clean and orderly conditions and I have a lawn service and will continue that service so our property will not begin to look unkept. Because we will be so close, we will be able to monitor the garbage and recycles and ensure that they are taken out and removed in a clean way. I realized the unregistered short-term rental across the street from ours has caused some concern, but we are working hard to address those types of issues in our home. We do care about our neighbors and their peaceful living and we'll do everything we can to ensure our home does not become a nuisance to our neighbors and friends. Thank you. Mr. Weiner: Thank you ma'am. Any questions to speaker, no thank you. Mr. Redmond. Mr. Redmond: I shall take my leave. Mr. Chairman pursuant to the Conflict of Interest Act in Virginia Code Section 2.2-3115F, I'm making the following declaration, I have it on the file with the city attorney a conflicts letter I abstained from all STR applications and ordinances on this day. That would be agenda items number 26 to 39. Mr. Weiner: Thank you. 2 Mr. Redmond: Have a good day. Mr. Weiner: 29 and 30. But that's okay. We're good. Okay speakers. Ms. Sandloop: Yes, sir. We have two, one in person and one WebEx. Sarah Welch. Mr. Weiner: Welcome. Ms. Welch: Good afternoon. Good afternoon members of the Virginia Beach Planning Commission. My name is Sarah Welch and I reside at 522 20 and a Half Street directly across from the proposed short-term rental. I purchased my home in September of 2018 and made it my permanent home in May of 2019. I stand in opposition to this proposed change request. My rationale for the opposition is there is currently a short-term rental directly to the west side of my home. We've had loud tenants, parking issues, and the lawn has been in disrepair. I submitted photos to Ms. Summer Peebles for parking and lawn issues. I believe based on the code of one parking space per bedroom, there is not ample parking to have two short term rentals adjacent.Also,the current property does not comply with no more than two contracts in seven consecutive days, I purposely bought this house in this neighborhood as it was a single family home area with homeowners in most of the homes. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate. As a property owner in this small street, basically an alleyway, I'm concerned of the potential for too many investor properties in a half block situation. I'm also concerned about the potential property value degradation and the safety of our neighborhood with too many homes as investor real estate. If we must have investor real estate on the street, I'm requesting the board provided density cap to ensure that the neighborhood does not turn into an area where propensity of homes are investors'short owned rentals. I believe no more than 10 to 15% of the homes on a given location should be investor short term. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. Mr. Weiner: Any questions? Ma'am just real quick are you aware of the 311 number, 311 in City of Virginia Beach? Ms. Welch: I am. 3 Mr. Weiner: Okay. If you have problems with the short term rentals, you can use that number 311. Ms. Welch: I understand that. Mr. Weiner: And I don't know I'm sure Summers good at what she does, and I'm sure she will look in to see if that's actually a legal short-term rental that you're having problems with. Ms. Welch: It's grandfather. Mr. Weiner: Its grandfather, okay. Then use that 311 number whenever there's any problems. Okay. Thank you. Ms. Welch: Thank you. Ms. Sandloop: Our next speaker is WebEx. Paula Shifflett. If you would please wait two to three seconds, state your name, and then please begin your comments. Ms. Shifflett: Hi. My name is Paula Shifflett. Am I coming through? Ms. Sandloop: We can hear you. Ms. Shifflett: I want to apologize ahead of time I had a work thing come up and I'm not — I do not have a written agenda, but I'll do the best I can. I need to— I just want to clarify the sign, the zoning sign has been in front of the 523 property on 20th Street for whatever the required time is my understanding or what I'm hearing is, is that it has been — this property has been submitted as 523 and a half street. So could you clarify for me that property and its location because it's front door, and it's two 4 balconies and parking is on 20th Street. So it would be considered a house on 20th Street versus 523 and a half. So I'm a little confused about that. Ms. Weiner: Ma'am, please continue with your comments. Ms. Shifflett: Okay, so the house is facing 20th Street, we live slightly to the east across the street. Just to give you a little background so that you understand a little bit about us as my husband and I have been residents here for over 21 years, and actively involved in the community, including raising a child in the Virginia Beach School System, who's currently in a VB Academy. We largely contribute to drop through fundraising most recently to the Virginia Aquarium Building, their new sanctuary. We're definitely embedded residents,we're looking forward to spending what I can say is the rest of our life here. And in those 20 years, we have watched a lot of development on this street, mostly single home residential, we've also encountered as, you know, lots of traffic because we are one of the few three streets from directly from the beach to away from the beach after some of the streets were closed off. So we get a lot of foot traffic from the Convention Center going to the beach as well as traffic and work trucks and my understanding also is that you are opening up the, you are building wave pool etcetera and the dome area and so construction will continue. So with the 20 foot wide street and curbing put in for the new homes, the traffic has been a little more crowded as well as stopping because two cars cannot fit down this road or work trucks or anything at the same time with the new curbing put in if somebody is actually parked on the street. So my concern is the traffic. It's also parking. There have been several incidences with parking for people that are visiting houses that are short-term rentals. So I am speaking against it at this point because we have enjoyed and we continue to enjoy the fact that we are wanting. Mr. Weiner: Thank you very much for your comments ma'am. Ms. Sandloop: No more speakers. Mr. Weiner: Okay, Ms. McGlynn would you like to come back up for rebuttal. Ms. McGlynn: My only comment I think she's, we were required to put a sign on 20th Street and 20th and a half Street. I believe the two houses she's talking about are facing 20th 5 Street. My house is 20th and a half Street. So it looked confusing, but that's the only, that's the only thing I have to add. Mr. Weiner: Okay, great. Thank you very much. Mr. Alcaraz: I got a question. Mr. Weiner: Ma'am, hold a second, sorry. Mr. Alcaraz: Are the units A, B and C are? Ms. McGlynn: They each have their own home address. They have their own home number. Mr. Alcaraz: So the units on 20th Street or what? Ms. McGlynn: On 20th street is 523 and 521. Mr. Alcaraz: 521. Ms. McGlynn: Yeah, I believe so. Mr. Alcaraz: Okay. On the map, it shows units A, B and C. Ms. McGlynn: I think that was just for clarity. Mr. Alcaraz: Okay, so it's three different separate addresses. 6 Ms. McGlynn: Yes. Mr. Alcaraz: All right. Thank you. Mr. Weiner: Any other questions? No more speakers. All right, we will close this and open up for discussion. Mr. Alcaraz. Mr. Alcaraz: I mean, they meet the criteria or everything that said, they've got the parking and, of course, they're in the OR district and I'm an advocate for OR District, so like to hear from you guys, but I'm supporting it. Mr. Weiner: Okay. Anybody else? Mr. Horsley: I will support it too. Mr. Weiner: Making a motion? Mr. Alcaraz: I'll make a motion that we approve this application. Mr. Weiner: We had 26 and 27. Mr. Alcaraz: Oh 26 and 27. Okay yes, I'd like to make a motion that we approve 26 and 27. Mr. Weiner: We have a motion for approval by Mr.Alcaraz. Do we have a second? Mr. Coston: Second. 7 Mr. Weiner: Second by Mr. Coston. We're ready to vote. Ms. Sandloop: Okay, I'm going to call for item number 26 first. Mr. Weiner: Okay. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond is abstaining. Vice Chair Wall. 8 Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of six in favor and zero against with one abstention, agenda item number 26 has been recommended for approval. Moving on to item number 27 for the short-term rental application, Mr. Alcaraz? AYE 6 NAY 0 ABS 0 ABSENT 5 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the Alternative Compliance granted on June 19, 2018 are hereby deleted and superseded by the following conditions. 2. When the property is developed, with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled. "ALTERNATIVE COMPLIANCE EXHIBIT, SITE IMPROVEMENT PLAN," dated 02-27-2018, as prepared by WPL. Said exhibit 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 developed, with the exception of any conditions below, the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 9 4. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet, as prescribed by the Oceanfront Resort District Form-Based Code. 5. Where "planting bed" is called out on the submitted site exhibit, a mixture of groundcover, evergreen, woody, grassy, and ornamental plantings shall be used. As part of site plan review, where the planting bed is over four feet in dimension, the Development Services Center Landscape Reviewer may request up to 200% of the number of plantings required to meet the minimum foundation landscaping criteria. 6. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 7. The applicant shall make all right-of-way improvements as required for 20th Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year- round by landscaping or maintenance free fencing.All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10 Item #27 Traci R. & Michael L. McGlynn [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) 523 20th /z Street June 9, 2021 RECOMMENDED FOR APPROVAL - HEARD Ms. Sandloop: Mr. Weiner, do you want me to read 26 and 27 together or individually? Mr. Weiner: I think we're gonna need to do that individually because one is a short-term rental, or how would we work that. Ms. Sandloop: Okay. Mr. Weiner: Can we do it together? Since it's same person? We do it separate. Let's do separate. Ms. Sandloop: Okay. Mr. Tajan: The question will end up bleeding over Mr. Chair. My recommendation is that we read them together. Mr. Weiner: Perfect, read them together. Okay, we're good. Ms. Sandloop: Okay, the next two items are agenda items number 26 and 27. They are both applications from Traci R. & Michael L. McGlynn. The first number 26 being an application for modification of conditions on property located at 523 20th and a half Street. Item number 27 is an application for a conditional use permit short-term rental on property located at 523 20th and a half street in the Beach District, the applicant or the applicants representative please step to the podium. 1 Mr. Weiner: Welcome, ma'am. Ms. McGlynn: Hi, thank you. My name is Traci McGlynn. My husband and I have been living in the subject property for the last year and have absolutely loved living at the beach and in the VIBe District. Recently, however, we decided to buy a beach bungalow on 35th Street but to afford the house we would have to short term rent our home on 20th and a half Street. This was not an easy decision as we have loved our home and our neighbors. I know many people have concerns about living near a short-term rental, we have discussed concerns with our neighbors that share the lot with us and after discussions, and they support our decision. We will be living on 35th Street which is only about a mile away so we can check on guests easily and be visible presence which will help defer some of the disruptions of a short- term rental. Even before the Planning Commission added the one rental per week, we were planning on a seven day Saturday to Saturday rental schedule. We'll be advertising the home as a great place for a family vacation and really market the home for families. This will minimize the large groups here to party, which we will include in our rules of no parties and will maintain a visible presence to ensure adherence to these rules. I will, of course, provide my personal contact information to my immediate neighbors along with the posted sign with the contact information. We have worked to keep our lawn and flower beds in clean and orderly conditions and I have a lawn service and will continue that service so our property will not begin to look unkept. Because we will be so close, we will be able to monitor the garbage and recycles and ensure that they are taken out and removed in a clean way. I realized the unregistered short-term rental across the street from ours has caused some concern, but we are working hard to address those types of issues in our home. We do care about our neighbors and their peaceful living and we'll do everything we can to ensure our home does not become a nuisance to our neighbors and friends. Thank you. Mr. Weiner: Thank you ma'am. Any questions to speaker, no thank you. Mr. Redmond. Mr. Redmond: I shall take my leave. Mr. Chairman pursuant to the Conflict of Interest Act in Virginia Code Section 2.2-3115F, I'm making the following declaration, I have it on the file with the city attorney a conflicts letter I abstained from all STR applications and ordinances on this day. That would be agenda items number 26 to 39. Mr. Weiner: Thank you. 2 Mr. Redmond: Have a good day. Mr. Weiner: 29 and 30. But that's okay. We're good. Okay speakers. Ms. Sandloop: Yes, sir. We have two, one in person and one WebEx. Sarah Welch. Mr. Weiner: Welcome. Ms. Welch: Good afternoon. Good afternoon members of the Virginia Beach Planning Commission. My name is Sarah Welch and I reside at 522 20 and a Half Street directly across from the proposed short-term rental. I purchased my home in September of 2018 and made it my permanent home in May of 2019. I stand in opposition to this proposed change request. My rationale for the opposition is there is currently a short-term rental directly to the west side of my home. We've had loud tenants, parking issues, and the lawn has been in disrepair. I submitted photos to Ms. Summer Peebles for parking and lawn issues. I believe based on the code of one parking space per bedroom, there is not ample parking to have two short term rentals adjacent.Also,the current property does not comply with no more than two contracts in seven consecutive days, I purposely bought this house in this neighborhood as it was a single family home area with homeowners in most of the homes. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate. As a property owner in this small street, basically an alleyway, I'm concerned of the potential for too many investor properties in a half block situation. I'm also concerned about the potential property value degradation and the safety of our neighborhood with too many homes as investor real estate. If we must have investor real estate on the street, I'm requesting the board provided density cap to ensure that the neighborhood does not turn into an area where propensity of homes are investors'short owned rentals. I believe no more than 10 to 15% of the homes on a given location should be investor short term. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. Mr. Weiner: Any questions? Ma'am just real quick are you aware of the 311 number, 311 in City of Virginia Beach? Ms. Welch: I am. 3 Mr. Weiner: Okay. If you have problems with the short term rentals, you can use that number 311. Ms. Welch: I understand that. Mr. Weiner: And I don't know I'm sure Summers good at what she does, and I'm sure she will look in to see if that's actually a legal short-term rental that you're having problems with. Ms. Welch: It's grandfather. Mr. Weiner: Its grandfather, okay. Then use that 311 number whenever there's any problems. Okay. Thank you. Ms. Welch: Thank you. Ms. Sandloop: Our next speaker is WebEx. Paula Shifflett. If you would please wait two to three seconds, state your name, and then please begin your comments. Ms. Shifflett: Hi. My name is Paula Shifflett. Am I coming through? Ms. Sandloop: We can hear you. Ms. Shifflett: I want to apologize ahead of time I had a work thing come up and I'm not — I do not have a written agenda, but I'll do the best I can. I need to— I just want to clarify the sign, the zoning sign has been in front of the 523 property on 20th Street for whatever the required time is my understanding or what I'm hearing is, is that it has been — this property has been submitted as 523 and a half street. So could you clarify for me that property and its location because it's front door, and it's two 4 balconies and parking is on 20th Street. So it would be considered a house on 20th Street versus 523 and a half. So I'm a little confused about that. Ms. Weiner: Ma'am, please continue with your comments. Ms. Shifflett: Okay, so the house is facing 20th Street, we live slightly to the east across the street. Just to give you a little background so that you understand a little bit about us as my husband and I have been residents here for over 21 years, and actively involved in the community, including raising a child in the Virginia Beach School System, who's currently in a VB Academy. We largely contribute to drop through fundraising most recently to the Virginia Aquarium Building, their new sanctuary. We're definitely embedded residents,we're looking forward to spending what I can say is the rest of our life here. And in those 20 years, we have watched a lot of development on this street, mostly single home residential, we've also encountered as, you know, lots of traffic because we are one of the few three streets from directly from the beach to away from the beach after some of the streets were closed off. So we get a lot of foot traffic from the Convention Center going to the beach as well as traffic and work trucks and my understanding also is that you are opening up the, you are building wave pool etcetera and the dome area and so construction will continue. So with the 20 foot wide street and curbing put in for the new homes, the traffic has been a little more crowded as well as stopping because two cars cannot fit down this road or work trucks or anything at the same time with the new curbing put in if somebody is actually parked on the street. So my concern is the traffic. It's also parking. There have been several incidences with parking for people that are visiting houses that are short-term rentals. So I am speaking against it at this point because we have enjoyed and we continue to enjoy the fact that we are wanting. Mr. Weiner: Thank you very much for your comments ma'am. Ms. Sandloop: No more speakers. Mr. Weiner: Okay, Ms. McGlynn would you like to come back up for rebuttal. Ms. McGlynn: My only comment I think she's, we were required to put a sign on 20th Street and 20th and a half Street. I believe the two houses she's talking about are facing 20th 5 Street. My house is 20th and a half Street. So it looked confusing, but that's the only, that's the only thing I have to add. Mr. Weiner: Okay, great. Thank you very much. Mr. Alcaraz: I got a question. Mr. Weiner: Ma'am, hold a second, sorry. Mr. Alcaraz: Are the units A, B and C are? Ms. McGlynn: They each have their own home address. They have their own home number. Mr. Alcaraz: So the units on 20th Street or what? Ms. McGlynn: On 20th street is 523 and 521. Mr. Alcaraz: 521. Ms. McGlynn: Yeah, I believe so. Mr. Alcaraz: Okay. On the map, it shows units A, B and C. Ms. McGlynn: I think that was just for clarity. Mr. Alcaraz: Okay, so it's three different separate addresses. 6 Ms. McGlynn: Yes. Mr. Alcaraz: All right. Thank you. Mr. Weiner: Any other questions? No more speakers. All right, we will close this and open up for discussion. Mr. Alcaraz. Mr. Alcaraz: I mean, they meet the criteria or everything that said, they've got the parking and, of course, they're in the OR district and I'm an advocate for OR District, so like to hear from you guys, but I'm supporting it. Mr. Weiner: Okay. Anybody else? Mr. Horsley: I will support it too. Mr. Weiner: Making a motion? Mr. Alcaraz: I'll make a motion that we approve this application. Mr. Weiner: We had 26 and 27. Mr. Alcaraz: Oh 26 and 27. Okay yes, I'd like to make a motion that we approve 26 and 27. Mr. Weiner: We have a motion for approval by Mr. Alcaraz. Do we have a second? Mr. Coston: Second. 7 Mr. Weiner: Second by Mr. Coston. We're ready to vote. Ms. Sandloop: Okay, I'm going to call for item number 26 first. Mr. Weiner: Okay. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond is abstaining. Vice Chair Wall. Mr. Wall: Aye. 8 Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of six in favor and zero against with one abstention,agenda item number 26 has been recommended for approval. Moving on to item number 27 for the short-term rental application, Mr. Alcaraz? Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond is abstaining. Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. 9 Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of six in favor and zero against with one abstention, agenda item number 27 has been recommended for approval. Mr. Weiner: Okay, great. Thank you, AYE 6 NAY 0 ABS 0 ABSENT 5 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSENT Wall AYE Weiner AYE CONDITONS 1. The following conditions shall only apply to the dwelling unit addressed as 523 20 Y2 Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A fourth (4th) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. An executed lease for this parking space shall be submitted to the Zoning Administrator for review within 90 days of City Council's approval of the Short Term Rental Conditional Use Permit request. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 10 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except one (1), four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 12 4/22/2021 Dear Mr. Miller I am writing this letter on behalf of Traci and Michael McGlynn in support of their decision to proceed with their home as a Short Term Rental. During our time as neighbors,Traci and Michael have been exemplary neighbors.They have maintained their yard in good and healthy conditions, have been courteous and friendly to my family and myself, and respectful of the peace of the neighborhood. I am certain this level of respect and professionalism will continue when they begin Short Term Rentals. Because the McGlynn's will reside in a second home here at the Oceanfront,they have assured me they will maintain an active presence at the property in order to insure their guests continue the same level of respect of the property and neighbors. Furthermore, it has come to my attention that the three properties located at 521 and 523 20th street, which includes my own, have a conditional use permit that states in effect these homes are to be used as single family homes. I am in favor of allowing the McGlynn's to modify this Conditional Use Permit in order to proceed with a Short Term Rental Conditional Use Permit. I am comfortable with having a short term rental in my neighborhood and as part of my immediate property. If you have any questions or wish to speak to m dir can be reached at (757)580-0060 Thank you, Sherry A. Huhn From: Sarah Welch To: Summer J. Peebles Subject: Letter of Opposition [523 20 1/2 Street] Date: Monday, May 10, 2021 7:47:34 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Summer- Thank you for your response my voicemail. I send this message in opposition of the proposed short-term rental at 523 20 1/2 Street Virginia Beach, VA 23451. I live at 522 20 1/2 Street directly across the street. There is currently a short term rental directly to the west next door at 524 20 1/2 Street. We have loud noises, parking issues, and the lawn in disrepair. (See photos attached below.)Based on the code of 1 parking space per bedroom there is not ample enough parking to have two short term rentals adjacent. Also the current property does not comply with the code of No more than 2 contracts permitted within 7 consecutive days. I purposefully bought this house as it was in a single family home area with home owners in most of the houses. I did not buy in other locations due to the high number if investor real estate properties. As a property owner on this small street(alley way) I am concerned with the potential for too many investor properties in a half block situation. I am concerned also about the potential of property value degradation and safety within our neighborhood with too many homes as investor real estate. Please accept this letter as my formal opposition. Please feel free to contact me with any question or concerns. Respectfully submitted, Sarah R. Welch 522 20 '/2 Street Srwelch64@icloud.com (704)609-1590 4 • �Ya r 4*-VIW ) IA' • ' min--- mos ,, "_,:.„..._;._.___,. .... _ „,..,, .... , ii.. _.___ N.___ = - t `•„, �_J.. _ _ .__ , _ , ,__ - . � , ---- ti a as 2 • lioui h I v, - _ s► L.I� I. ID __ 1-7 From: Mike Edenfield To: Summer J.Peebles Cc: Hinderland Jack Subject: Airb&b Date: Tuesday,May 11,2021 7:45:04 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mrs Peeble, Im the owner and resident of 526 21st street Virginia Beach VA 23451. I send this email as an opposition to the request for airb&b of 523 20 1/2 street Virginia Beach. I also would like to report that the property 524 20 1/2 street is also used as airb&b.And this property is part of a 3 owner condominium,in which the other owner and myself,have never been asked if the property could be used for this purpose,and we oppose it too. Vr Mike Edenfield (808)304-4701 Sent from my iPhone From: )ack Hinderland To: Summer J.Peebles Cc: Michael.Edenfield71(o�gmail.com Subject: 523 20 1/2 street/524 20 1/2 Street Airb&bs Date: Tuesday,May 11,2021 8:14:26 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mrs.Peeble, I am the owner and resident of 524 21st street.I would like to follow up on Mike's email. I too am writing this email as an opposition to both Air BnB's and would like to echo everything Mike mentioned below. If you have any questions feel free to email me or call me at(585)355-3593 Respectfully, Jack Hinderland >On May 11,2021,at 19:40,Mike Edenfield<michael.edenfield7l @gmail.com>wrote: >Mrs Peeble, >Im the owner and resident of 526 21st street >Virginia Beach VA 23451. >I send this email as an opposition to the request for airb&b of 523 20 1/2 street Virginia Beach. >I also would like to report that the property 524 20 1/2 street is also used as airb&b.And this property is part of a 3 owner condominium,in which the other owner and myself,have never been asked if the property could be used for this purpose,and we oppose it too. >Vr >Mike Edenfield >(808)304-4701 >Sent from my iPhone p _`RS�R if ' RSR4 / �R5'RyCy �`I // 00 iR5R - ,c-... , i 47 0 / fle/lhSeZ B1' . gi7 , gfre h1,e R5R lilif */----7 RR � c) 0v0 1 . 1 , d4� 0R5R 0 4 � c��a 0/ cop' •/m fr/ 0 0 V Z' ' i/ / 41, /i� /41r we ----,, e V qr / , \,- 0 N �8,.�11 R5R J� / R5R` R5R ,, <-7 0 _ /// Site Linda M. Lamb Living Trust W.A112E Property Polygons 4615 Ocean View Avenue s S = Zoning Building Feet Parking Lot Drive Aisle 0 2040 80 120 160 200 240 / 4`isx-_."�.;e—1,,‘:, e�`,,t ¢ i e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LINDA M. LAMB LIVING TRUST [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 4615 Ocean View Avenue (GPIN 15706241244615). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 6,250 square-foot parcel zoned R-5R(SD) Residential District (Shore Drive Overlay). The lot consists of one duplex building with the subject unit containing four bedrooms. Only one unit is owned by the applicant, 4615 Ocean View Avenue. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or four spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental unit is twelve; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 28, 2021 , Host Compliance showed no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This site is within the Chesapeake Beach subdivision, which contains a myriad of dwelling types. The subject lot contains a duplex building located in the R-5R(SD) Residential District; however, the applicant only owns one of the two units within the duplex. The property is also across the street from the public beach of the Chesapeake Bay. The applicant's parking plan depicts four required off-street parking spaces within an existing compacted gravel driveway located in front of the property. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, the requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. Staff received eight letters of support and six letters of opposition. Five speakers in opposition were present at the Planning Commission public hearing. Both the Linda M. Lamb Living Trust Page 2 of 4 letters and the speakers indicated concerns relating to the transient nature of Short Term rental tenants, possible negative impact to property values, recent violence associated with an existing neighborhood Short Term Rental, and nuisances associated with Short Term Rentals. • Recommendation: On May 12, 2021, the Planning Commission passed a motion to recommend denial of this request by a vote of 7 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 4615 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and Linda M. Lamb Living Trust Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report & Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (8) / Opposition (6) Linda M. Lamb Living Trust Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Applicant& Property Owner: Linda M. Lamb Living Trust Agenda Item Planning Commission Public Hearing: May 12, 2021 City Council Election District: Bayside 18 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner William Miller c Location °a% 4615 Ocean View Avenue ° ..7 4 .., I ,`i U POD°t .� 1-1 � G P I N - "q 15706241244615 p` € -cwm �w '.t 'e Seer ' �ndye m �Mefq ee Aveny� ayo�ve Site Size 3 Lake orly ve06p _ f . / 6,250 square feet \ o e i ea -fr,,,,, - ,7-- PL, ROda p Existing Land Use and Zoning District n Duplex dwelling/R-5R Residential (Shore Drive Overlay) . Surrounding Land Uses and Zoning Districts ..; +d North Ocean View Avenue , r Duplex dwellings/R-5R Residential (Shore Drive �� P �`��y;�. f Overlay) ,y. !•. , - p' j ave'`e South ;4 ,, e: - Duplex dwellings/ R-5R Residential (Shore Drive .,:_ `- `'� Overlay) ;` ' � East r r ,; , Duplex dwellings/ R-SR Residential (Shore Drive F • A , Overlay) l� _ .: ,, i o . West �.. ,, 5. � _ c . Duplex dwellings/R-5R Residential (Shore Drive .=<z ',_ ; = 4.. ` Q - Overlay) ad'' t '.- m ,. '. *q Linda M. Lamb Living Trust Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,250 square foot lot is zoned R-5R (SD) Residential District (Shore Drive Overlay) and contains one duplex building. The applicant only owns the subject unit (4615 Ocean View Avenue). • According to City records, this four-bedroom home was constructed in 1977. • Satellite imagery confirms the parking area in front of the property has been utilized in its present form since at least 2003 (17 years); however, prior to 2003, it is likely that this parking area was used in the same manner as it is today. In addition, compacted gravel was a permitted residential parking material at the time of the duplex construction (1977). • Staff inspected the site on March 23, 2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Ocean View Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of April 21, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Linda M. Lamb Living Trust Agenda Item 18 Page 2 Short Term Rentals in the Vicinity f� � vow ir • **Art 4 49 �i dIj STATUS �� I I • Denied I _.._ilir N,,/w Jji7qy4ff $ Q Reger ed . Updated on April 12, 2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm: 8 -As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided on-site: 0* *All four spaces are situated in the gravel driveway located within the city right-of-way in front of the property. Linda M. Lamb Living Trust Agenda Item 18 Page 3 ` % � Zoning History # Request (e) 4 ill q � ��j / 1 REZ(B-1(SD)to R-5R(SD)Approved 09/06/2016 a O • agav • ..4. 0 04 : e. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site lies within the Chesapeake Beach subdivision,which is home to a myriad of dwelling types.The subject lot contains a duplex building located in the R-5R(SD) Residential District; however,the applicant only owns one of the two units within the duplex. In addition,the property sits across the street from the public beach of the Chesapeake Bay.The applicant's parking plan depicts four required off-street parking spaces within an existing compacted gravel driveway located in front of the property. As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4615 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. Linda M. Lamb Living Trust Agenda Item 18 Page 4 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes 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. Linda M. Lamb Living Trust Agenda Item 18 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Eight letters of support and six letters of opposition have been received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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,June 20, 2021 and June 27, 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 June 21, 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 July 2, 2021. Linda M. Lamb Living Trust Agenda Item 18 Page 6 Site Layout & Parking Plan r_______ \\,,,, . PORT 5 6' F /f METAL ,� ///�f//, UNIT 4613 UNIT 4615 COMMON AREA LOT 14 LOT 13 I I 9' x 18' parking space a in b' W000 Ilik. N _, 1 FENCE lal g V17.4' a f / " 9.3 td l'f �2 TORY °fit, N 9RICK fTtAll y / 461 j 4615 g :.---.-,///////1 \ . 9LOCK I w041++ OECK CONC WALL + • 1 N I j 50.00' 4 Property line • 12 46' 36' 34 418, -► Existing compacted gravel driveway Ocean View Avenue Linda M. Lamb Living Trust Agenda Item 18 Page 7 Site Photos • , 4.! 1 � .. • 4615 Ocean View Avenue Ni --4FIEOPPNL • ��I*ts:illlll illla i • .■ !. III; -1111611 . Linda M. Lamb Living Trust Agenda Item 18 Page 8 Site Photos e = ; — I. - 74111 r • • ' :"' firiM I nil • - F • *'. II — R 101.1.•. :VI II " 14 C- mlig --- Linda M. Lamb Living Trust Agenda Item 18 Page 9 Disclosure Statement u Aia.4-7-eb 3/As7/2, Disclosure Statement (Sty nfvimnnv tfe+d 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 L(Aioi _ e w � S i � S / T _ Does the applicant have a representative? E Yes ❑No • If yes,list the name of the representative. LANA Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Erie5 ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 7 !!sr Ai/0Se n aq d/. L.4>"6 Cse i. 5 Z,o o p) Linda M. Lamb:Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) //�-- ��p / _ Tir�Ccdr J�t`/"eC� 7t.T4771/C : .Tl1'RJ Fel9�+/9. L./AAA.?Al. L!l+NB /S Le9/�N or , HA/ (.47we. (7ifevE /S AM 'id'53- ,e&Zi4TiD.r.J Se iP CeerS,,e) C)F wf ee/ '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I • Linda M. Lamb Living Trust Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement "VB Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes l allo • 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 onnection with the subject of the application or any business operating or to be operated on the property? ❑Yes l No • If yes,identify the financial institutions. 2. Does the ap�plic nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes re No • If yes,identify the real estate broker/realtor. Beth Hickman, Realtor with Hickman and Associates, will manage the Short Term Rental 3. Does the applicant have services for accounting and/or preparation of tax returns provided inin connection with the subject of the application or any business operating or to be operated on the property?❑Yes Lrf No • If yes,identify the firm or individual providing the service. 4, Does the applicant have services from an architect/landscape architect/land planner provid,d in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 12 No • If yes,identify the purchaser and purchaser's service providers. 2i Linda M. Lamb Living Trust Agenda Item 18 Page 11 Disclosure Statement 4f00-775-D 3J/e/2/ Disclosure Statement Vi3 Planning&Commnnits Development 6. Does the applicant have a construction contraaccttpfr in connection with the subject of the application or any business operating or to be operated on the property?El Yes 3 No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in con ction with the subject of the application or any business operating or to be operated on the property?ID No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ LJ Yes No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. App nt Signature Z✓J'rs4 G7ot6 !//A/6 "5 r p�� vy}y�✓�—,_ c-/.vz),.? M.14-nv8 - 7 ts7-ter .7osb✓r L.a-1ig - 111..s13,0,St Print Name and Title ZDZ/ Date Is the applicant also the owner of the subject property? C7 yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of 06.16.2021 Signature W%lU:aviv M fupt� Print Name William Miller 31 Linda M. Lamb Living Trust Agenda Item 18 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. Linda M. Lamb Living Trust Agenda Item 18 Page 13 STR VICINITY MAP LINDA M. LAMB LIVING TRUST—4615 OCEAN VIEW AVENUE 94. ge:iiifir.*ft, lr l � . 14' qiiii 1 w * . # „km --, 1/44,4: a� m gi co° ,,/ 1- „-- , yWPIP* /I %a •—**110/8 is it;: Z° i rile.-- -1---_-------,-- _ _ i iv ti ibit 01 I I 7.i, :7 /fame lig Is' till ' Short Term Rentals - ok`- t. 4 Status i f fi 4n)-• ` Q APProvedla* ' ,=-- Denied _.- 1 O O qv 'j : :' v nt4 If II I r� 1 1 r i��---_ O Updated on 06-15-2021 Item # 18 Linda M. Lamb Living Trust [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 4615 Ocean View Avenue May 12, 2021 RECOMMENDED FOR DENIAL- HEARD Madam Clerk: Number 18 is Linda M. Lamb Living Trust an application for Conditional Use Permit short term rental on property located at 4615 Ocean View Avenue in the Bayside District. Chairman the applicant is virtual. Mr. Weiner: Okay. Madam Clerk: Mr. Lamb, please state your name and then begin your comments after two to three seconds. Mr. Lamb: Good afternoon. I'm John Lamb and I am representing my wife Linda and I, John Lamb, who had purchased the home at 4615 Ocean View Avenue. We have come from Michigan. I have my first grandson, who is 14 weeks old, and our plan is to use this site as a site that we can live in when we're in Virginia Beach.We estimate we'll be here as babysitters for her, Barrett Lamb, probably about 75% to 80% of the time when we're in the state of Virginia, and we would like to use the other time to allow us to rent that out on a short term rental basis when we're not physically here in the Virginia Beach area. I do have a son that lives about 10 minutes from me and he works here locally in Virginia Beach and I have a daughter-in-law who is in the school system, or at Princess Anne,and teaches first grade. One of the reasons we're here is because of the COVID activity for this young boy and we wanted to babysit him rather than put him in day care. So, we have purchased the home as our home here in Virginia Beach, where we'll reside in and have him physically on site while we're babysitting. And I'd like to answer any other questions that you have for us. We're relatively new to Virginia Beach and relatively new to this process. Mr. Weiner: Is there any questions for Mr. Lamb? No questions, thank you, all right. Madam Clerk: We have four speakers one in person and three virtual, calling Daniel Blevins. Mr. Weiner: Welcome sir. Please state your name for the record. Mr. Blevins: Daniel Blevins, 4622 Lauderdale Avenue, Virginia Beach Chick's Beach area. I'm in opposition to this application because of a recent incident that occurred on February 28th regarding short term rentals. I asked that a police report be handed 1 out; I don't know if you've seen it or y'all got it. To members of the Planning Commission, the morning of the 28th at 5 o'clock in the morning, I hear these gunshots it's about 20 of them, boom, boom, boom, I thought it's firecrackers at first. Come to find out, there was a party down the street at a short term rental across the street from Buoys, and there's about 20 shots fired, and cars were shot up. It's very unnerving honestly;we've had more and more applications being filed for short term rentals. In fact, there's two more applications for consideration in June. And it pretty much renders the neighborhood watch program useless. You don't know who's coming and going, you see strange cars coming, used to be, I'm living on a dead end street and you would know the cars that were coming and going, that's not the case anymore. You don't know who they are; you don't know who's in the neighborhood, people walking around, strangers. And it's just not compatible with the neighborhood, with a residential neighborhood, short term rentals aren't. But when it gets to the point where the short term rentals are used as party houses where they're advertised as party houses as it is, in one case I know about and people come and in violation of the terms of the short term rental, Conditional Use Permit and pack a house and they're creating a lot of ruckus to the point where they're shooting guns in the neighborhood.We need to stand back and hold off on any more approvals until more tools are in place for the police department and citizens to use to try to control the activity. For instance, item number four of the conditional uses. Mr. Weiner: Sir, thank you very much for your comments. Next speaker please. Anybody have any questions? Sir, excuse me. Mr. Graham: I wouldn't mind just hearing the rest of... Mr. Blevins: My questions had to do with several of the conditional use conditions and how they're enforced. One of those is number four, I think it says that no more than two per people, well let me read it, I'm sorry. It says no events associated with short term rental will be permitted with more than the allowed number of people who .may stay overnight, number of bedrooms times two on the property where the short term rental is located. The short term rental may not request or obtain a special event permit. How is that, can that possibly be enforced? That's one question. don't expect an answer because I don't think there is an answer, but hopefully there is. Ms. Oliver: I will answer that, they can enforce the special events. Mr. Blevins: Right, but how do you enforce the number of people and that's the problem when somebody's throwing a party, if somebody puts out some type of a text to everybody in the world, and the next thing you know, they got 100 people, their party is totally in violation of it. Okay, the next question is item number five, I think there's, you know, the person who has the permit has to be able to provide contact 2 information and respond to emergencies in 30 minutes. So where do local residents obtain emergency contact information required by condition five? I mean is that available to say that there's something going on? You know, how do you contact the person who needs to be contacted if,you know,chaos is breaking out? The next question is... Ms. Oliver: I hate to interrupt you, but just because you're throwing these out here, so my question is how long have you lived in Chick's Beach? Mr. Blevins: Since 2008. Ms. Oliver: Okay, and so with that, and so I just want to piggyback on this question that you have as far as enforcement and contacting, what do you, and I'm not, I'm not, I'm just asking. So, if you have a problem with a short term rental, what is it that you know that you, what would you do? If there's a party what would you do? Who would you call? Mr. Blevins: First, I would first call the police. Okay, that would be the first-the first thing to do. Unfortunately, sometimes the police can't get there on time. I mean, just for instance, since the City started advertising Chick's Beach as a destination, we've been inundated with a number of people that are coming down there to use the beach, but there's no parking,there's no facilities or anything else,and you call the police and they're overwhelmed. They're swamped. They can't enforce the parking, streets are 16 feet wide. You got people parking on both sides. You got people parking on the sidewalks, got people leaving their trash everywhere, you got all these things that have been thrown upon us since I've lived there since 2008, used to be really quiet. Nobody knew about, really knew about it, and people didn't come, but since, I guess the shootings down at the oceanfront, people don't want go near there. So let me go to somewhere else. So Chick's Beach is one place to go. I'm sure everyone goes to Sandbridge also. So,the last two questions, I had in terms of mechanism. Ms. Oliver: Are you aware of that number of 311? Obviously not? Mr. Blevins: 311? No. Ms. Oliver: So okay, that's all. That's great. Thank you. That's just a point I have with the lack of awareness of the neighborhood's understanding the process, and that's great. You answered the question. Mr. Blevins: Okay. Well, good. Mr. Weiner: Let me tell you 311 is a number set up by the City of Virginia Beach, if you have a problem, or anything from, I called it yesterday for sewer backing up in my front 3 yard, the Public Works came out in 30 minutes. If you haven't, if you have an issue with a party to short term rental, you call 311. They will go to a dispatch and then they'll send it to most likely the police or non emergency police. Mr. Blevins: So even at middle of the night? Mr. Weiner: Sure, sure, 24/7. Mr. Blevins: That's good to know, I'll remember that. I haven't really had any issues, per se, for short term rentals up until the shooting, okay, up until this shooting that happened on February 28.And then I started paying attention to it,then I started noticing the number of people that were making applications and the fact that we've talked to other people say, yeah, that went over there as they advertise that one is a party house, none of which is in compliance with what I read as a condition of the conditional use permit. Two more things real quick, compliance, where is the enforcement mechanism for item 14, which talks about noise after 10 pm, police will not enforce the noise ordinance. They won't, judge throws it out, they got to have some type of decimeter something that's going to measure the amount of noise, and they won't enforce it, period. They will not. Next thing is finally, is the maximum numbers number of persons on the property after 11 and before 7, overnight lodgers shall be two individuals per bedroom. How is that enforced? How can you enforce that? There's no parking out there. I noticed that this house has that none of the parking spaces are on the property, okay. If it says is built in 77, I'm thinking is back in 1977. Was there no on-site parking requirements for residences? I think it probably was but all these parking spaces here are off-site, they are on city right of way. Okay. That's one thing. The next thing is if it is offsite, was there ever a Conditional Use Permit that allowed for offsite parking, which I know that's a requirement with the one offsite parking in this case that's what we have. So there's a lot of problems. There's no sidewalks in Chick's Beach, there's no trash facilities in Chick's Beach. There's no restroom facilities in Chick's Beach, there's nothing and people are coming down there in droves and littering up and trashing up the place. We have people stop in across the street. We live on Lauderdale. We have a lake across the street. There's trees there, people go out and relieve themselves in public, okay. And it's just too much and the short term rentals just adds to that problem. Thank you. Mr. Weiner: Thank you, sir. Next speaker. Madam Clerk: Okay. These are all virtual speakers. I'm going to call it Charles Walton. And after that, Caroline Gingrich, Mr. Walton, if you would wait two to three seconds and state your name and begin your comments. Mr. Walton: Thank you commissioners. My name is Charles Walton. I reside in 4619 A Ocean View Avenue. While I appreciate the fact that this gentleman is new to the 4 community, I am not; I've lived here close to five years now. What I'm concerned about are two things. Number one, you know, when I purchased my home, I noticed that there was, you know, a re-gentrification of the area. We have some beautiful homes that are high six figures, low seven figures in the area, of which these residents pay 10s of 1000s of dollars in city taxes annually.And my concern is what will happen to the neighborhood. So I ask the commissioners, is this a benefit to the current residents of the neighborhood? I don't see it that way. I see it as a revenue generator for not only the property owner, and a potential revenue generator for the City of Virginia Beach, but I think the quality of life will decline. Mr. Blevins did a very nice job talking about some of the current issues that we're experiencing, the overcrowding, the street traffic, people wandering around at all hours of the day and night, I can tell you that I've had people climb over my fence in the middle of the night. And this is a big concern to me. Particularly as someone who works from home, has to get up early, work long hours, what I'm concerned about is in the summertime, these renters will have no consideration for the residents; they will be there to party. That is a fact. As a matter of fact, I owned a rental property, and the way that I managed the rental property in a beach town was we had a family member that lived in town. And that family member literally was at the house, once the renters left to make sure that nothing was damaged or destroyed. I'm concerned while this particular property owner says that he's got people that are local, he will not be local. And if something happens on the property, who is responsible. So at the end of the day, we're talking about the residents, their quality of life, and the behavior of these renters that we've seen over time. And that to me, is a great concern. And I know that I speak for other residents in the area. This is the problem commissioners.And if we let this happen here, this will just be the tip of the iceberg, I'm afraid. Thank you for your consideration. Mr. Weiner: Thank you. Madam Clerk: Caroline Gingrich, followed by Brian Camden. Ms. Gingrich if you would wait two to three seconds and then state your name and please begin your comments. Ms. Gingrich: Hi, my name is Caroline Gingrich. I reside at 4614 Ocean View Avenue, which is directly across the street from the Lamb property. My residence is very vulnerable to this property in question.And that's why I feel like it's imperative to have people there with a vested interest in our neighborhood safety and well being of others. In other words,a neighbor, not a hotel guest,there to have a good time with no regard for others. They're paying to do what they want and not follow the rules of a neighborhood. They are staying there in lieu of a hotel. And Mr. Lamb has stated that his son has a young baby. I have a daughter with young children and I can't imagine that her husband would leave in the middle of the night, leave his family, to go to handle a situation at this house if anybody could even get in touch with him. I mean, we don't even know if that situation would, you know, be able to 5 happen. Mr. Blevins and Chuck have covered all of the other issues. I could go on and on about the shooting,which was a disaster, I mean the amount of police that had to come and handle that situation, it was just unbelievable. I mean, they had our streets closed for, obviously for good reason. And the bullets, you know, they hit cars and a house, it's only by the grace of God that nobody was killed, nobody was injured. It definitely rocked our world,that's for sure. The parking situation, my understanding is that the Lamb's don't even have parking at their house that they would have to literally take the fence down and park on the lawn. And I know the city is supposed to be doing some utility work on that side of the street. That is, they can utilize that parking that is the city that's city property. The former owners constantly called the police because that is a place where people would just park and block their cars in. You know, you're not allowed to put a cone up because it's not your property. It's city's property. So there's no way to prevent people from parking there. That is just it is city property and I don't understand too who's going to enforce the people that are staying there, do they know to take out their trash on Wednesdays; they're not part of the neighborhood. They are hotel guests and I've lived in the neighborhood since 2010. We built our home and I've lived there for years. Never thought this was going to be an issue because we had looked at the regulations. Now of course, I know things change, you know, not on a daily basis, but we knew there was no parking available. And the short term rental thing was not a big deal, what's becoming a big deal and somebody already bought the other side of this duplex and they have stated that if Mr. Lamb is successful, they are also going to do it. So what are we going to turn our neighborhood into I mean, it's just- it's so disheartening that I don't even know what else to say except that. Mr. Weiner: Thank you for your comments. Madam Clerk: Next is Brian Camden to be followed by Joseph Auzenne. Mr.Camden if you would wait two to three seconds and please state your name and begin your comments. Mr. Camden: Yes, this is Brian Camden. Can you hear me? Madam Clerk: Yes, we can hear you. Mr. Camden: Okay, I reside at 4609 Ocean View Avenue. I am the house directly next door. I am a 30-year resident of Chesapeake Beach. I'm a member of the Civic League. I am also the block captain for the Neighborhood Watch for this section of Ocean View Avenue. We are in protest of this application. We'd advised Mr. Lamb when he first came up with it that the neighbors would probably be all in opposition to it. The main objection I have is that it is not compatible with the residential use of the surrounding properties.We are all owner occupied units,the houses to both sides, the houses across the street. The houses behind them are all in opposition to this. My son's a freshman at Cox High School. The problem that I run into over the last five years as the Neighborhood Watch is mainly these short term rentals the people 6 is noise complaints, noise, trash, but mainly noises. They like to be outside on the decks at 2, 3 in the morning. The neighbors complain, the police really will not enforce that, but the people who have to get up in the morning, go to work every day. This severely impacts their ability to have quiet peaceful enjoyment of their house there. There are no short term rentals around us right now with the closest one we have is down at the end of Ocean View Avenue over right next to the bridge tunnel trestle there. I agree with what they were, the previous speakers have said about the no parking, the trash. The gun battle was certainly a major disturbance here. It got everybody really upset about this, but I bring the Commission members back to the fact that this application is not compatible with the residential use of all of the surrounding properties. It's my understanding our Civic League has voted against being a part of the short term rental overlay district, Chesapeake Beach is not in it. And then for good reason we oppose this. The property in question has been owner occupied for a number of years and as the previous speakers mentioned, the ability to people to come in here, buy it. Mr. Weiner: Next speaker please. Madam Clerk: Our final speaker is Joseph Auzenne. If you would wait two to three seconds, please state your name and begin your comments. Mr. Auzenne: Hello, my name is Joe Auzenne. I'm at 4622 Ocean View Avenue across the street from the subject property and I'd like to bring up just a few items. On October 21st, 2020, there was a request by Vice Mayor Wood and Council Members Jones and Tower for the establishment of these short term rental overlay districts. And then on November 4th, 2020, City Council asked the Planning Commission to apply for the overlay districts. City Council in Council's current proposal states that if a property is outside of an overlay district that it will not function as a short term rental property as Mr. Camden mentioned, and it also goes on to state and other areas of the city. Short term rentals are not compatible with the residential use of the surrounding properties and are often the cause of excessive noise, illegal or improper parking, traffic violations, etc, etc, etc. Now, I must say that I'm in little disagreement with Mr. Camden on a number of short term rentals. Based on the summary that I read, approving, tentatively approving this property. There are 22 short term rentals within a four by four block radius of our properties. There's another four short term rentals under consideration for approval.There are actually 14 of the 22 or four blocks or within four blocks of us, actually three blocks. In the summary report, it also states that on page three, it states that it has zero parking spaces. That's not in compliance. The other thing I'd like to mention is that the safety considerations have already been addressed. The other thing I have to address is this COVID-19 situation that we are in,what requirements have the City put on these short term rentals to determine whether or not the people that are coming and flooding into these rentals are not infected. What are the owners doing? What are the owners doing for cleanup after they leave? Or are they just 7 letting them roam around the beach, having a good time. And then lastly, I'd like to say, and I'd like to quote Ms. Dee Oliver, after the shooting at 56th Street and 58th Street off Holly Road.She said, she suggested that there may be some issues with allowing more properties to be used as business ventures and I quote "all of a sudden it has become a right or it appears that one person after another is buying property in a residential neighborhood to conduct a business, and I'm not sure that it's exactly what we were intending for our City to go." So I thank you for your time. Everything else has been covered by our neighbors and hopefully you will disapprove this request. Thank you. Mr. Weiner: Thank you sir. Madam Clerk: That was our final speaker. Mr. Weiner: Okay, Mr. Lamb are you still there?Would you like to make any comments? Mr. Lamb: Yes, I understand the consideration with the shooting. We happened to be in the area when that happened.So I understand the impact to the area and I understand that is also the first shooting that has occurred in that area ever. So I understand that I understand that area, I can guarantee you that this property will be taken care of and will be in good repair, excuse me and we'll take care of as best I can. Sorry, I got a dog here. And I'm sorry to hear that, my neighbors are in such vehement disagreement with my being able to be here for 80% of the time, 75 to 80% of the time, and then doing a short term rental for the 25%of the time that I'm not available here. But that I can guarantee you that I will do the very best I can to honor all that I've signed up for in terms of the CUP and also for the short term rental activities that I agreed to. Mr. Weiner: Thank you for your comments. No more speakers. Madam Clerk: No more speakers. Mr. Weiner: I will open it up for us to talk about again. Ms. Klein: So I appreciate what the applicant is trying to do. I moved down to this area because my mom was here. It was right after I had my son and I needed that extra support. And so I can imagine that, that his son is thrilled that his parents want to come in and help with the baby, congratulations, and at the same time, it sounds like this neighborhood is saturated.And while I believe that the applicant would be a great homeowner, and make sure that the property is taking care of, even when you vetted the people that come into your home, you can't guarantee what they're going to do. And so while I certainly applaud their efforts, he is a victim of the wrongs of the people before him it sounds like. 8 Mr. Weiner: Okay, thank you. I have a question for staff and I'm just asking a question. Do we actually know that this from the shooting was any illegal short term rental or illegal rental property, or was it a legal property rental? Do we know that? Mr. Tajan: Yes, sir. We were notified immediately. Once we were aware of the issue, that property was not a legal short term rental. So it was cited appropriately. Mr. Weiner: Okay. I just wanted to ask a question, nobody ever actually said that, the last question. Any other comments? Yes, Mr. Coston. Mr. Coston: I'd like to say to Mr. Blevins that, unfortunately, a lot of the responsibility is being placed upon the neighbors to figure out what to do. Now, Ms. Oliver gave you the number 311, that number is actually 385-3111. Okay and it's going to be where the City gathers information to let a short term rental exist or not exist, is based on say, if you see 20 people there that starting to be a party, you can call 311 and say, this is what's going on. And the proper authorities will assist you in making that complaint known to city council so that when that property comes up for review, it either gets denied or re-approved based on what has happened in the past. So that's kind of where we have to go from, what do we do when we see something going on in a short term rental, they also have to have their number posted on the building. So that gives you some more information to find out how to reach out to the person who owns it and operates it. Mr. Weiner: Thank you, sir. Mr. Wall. Mr. Wall: I think that the Lambs are very upstanding individuals and very sincere in their plan to operate the short term rental, but it's, it's tough for me to make a decision against, you know, some of the opposition that has come forward to the short term rental in that area. Mr. Weiner: Okay. Yes, Mr. Alcaraz. Mr. Alcaraz: I think it was in the fall of 2020 that we really heard numerous people come forward and opposition civic leagues and all that, and I think I heard it loud and clear, and I'm hearing it loud and clear today. So I'm just letting you know, I won't be supporting it. Mr. Weiner: Okay. Who else, Mr. Graham? Mr. Graham: Based on what I've heard today, I will not be supporting it. Mr. Weiner: Okay.Anybody want to make a motion, someone has got to, I am sorry, go ahead. I'm sorry. 9 Mr. Graham: Mr. Chairman, I'll make a motion that we deny. We recommend denial of this application. Mr. Weiner: Do we have a second. Mr. Alcaraz: Second. Mr. Weiner: We have a motion for denial by Mr. Graham and the second by Mr. Alcaraz. 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: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. Madam Clerk: By recorded vote of seven in favor and zero against application number 18 has been recommended for denial. AYE 7 NAY 0 ABS 0 ABSENT 4 10 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 4615 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 Joseph Auzenne 4622 Ocean View Ave Virginia Beach,Va 23455 Subject: Letter of Opposition to Conditional Use Permit for 4615 Ocean View Ave,Virginia Beach,Va 23455 To: Members of the City Council Enclosures: (1) 4615 Ocean View Ave City Plat (2) 4615 Ocean View Ave Residential Survey 1 (3) 4615 Ocean View Ave Residential Survey 2 (4) 4615 Ocean View Ave Utility Work Crew 1 (5) 4615 Ocean View Ave Utility Work Crew 2 Dear Council Members, I am writing to express my opposition to the proposed conditional use permit and requesting that the subject property not be granted short term rental status. Why are our elected officials so eager to accommodate Airbnb and a small group of investors who aim to turn our residential neighborhoods into commercial profit centers? One would hope that protecting the quality of life and value of residences and neighborhoods would be of primary concern. Who wants to buy a property or live in a neighborhood next to a party house. This commercial venture in a residential neighborhood will destroy its character and quality of life and reduce property values. My opposition is also based on these potential/probable negative effects: • By city ordinance all trash must be kept in automated refuse receptacles;at this time none are provided. • By city ordinance one parking space per bedroom is required and no street parking shall be used. The subject property has four bedrooms but no parking spaces. Please refer to encl (1): the city plat shows the property line ending far short of Ocean View Ave. End (2)depicts Ocean View Ave starting at the end of the property line. Encl (3) depicts subject property line ending 26.4 feet beyond building structure. Subject property is utilizing city property as a driveway. • Encl (4)shows a utility truck parked on city property(the supposed parking area for subject property). Residents have been told that underground utilities will be starting soon with that side of the street(city property) being used to accommodate the utilities.Again, no parking. • By city ordinance parking spaces shall not be impervious. Encl (5) shows the same utility truck parked on city property on a makeshift gravel/rock driveway. • Current owner has a residence out of the state of Virginia. Management problems may be an issue. • Safety of residents and children. Violence appears to be on the rise. Feb 28, 2021 shots were fired at the intersection of Fentress and Ocean View Avenues.Shell casings were found and two vehicles were damaged. The incident occurred at a short term rental. Weekend of Mar 5-7, 2021 a party was held at a short term rental along Holly Road between 56th and 58th streets. A video circulating on social media has the sound of eight gun shots. Planning Commission Member Dee Oliver suggested there may be some issues with allowing more properties to be used as business ventures."All of a sudden, it has become a right or it appears that one person after another is buying property in a residential neighborhood to conduct a business, and I am not sure that is exactly what we were intending for our city to go,"said Oliver. • COVID-19 Pandemic Concerns: States and local governments have been stymied in their efforts to enact regulations on short term vacation rental platforms. Other states have been prohibiting rentals to international travelers. They have enacted extensive sanitation requirements for short term rentals. Other plans allow short-term rentals to domestic travelers with some restrictions.Travelers coming from "hot spots" are not rented to.Some areas will not rent to travelers from New York, New Jersey, Connecticut and Louisiana without quarantining. What mechanism does Virginia Beach and the owner have to protect residents of Chic's Beach from infection? Do property owners know or care where their tenants come from? Please vote against the conditional use permit for 4615 Ocean View Ave,Virginia Beach,Va 23455. Respectful bmitted, jAn4,42_, 5-1/D/2do/ Cell ?5 -SeY--...2. i4' In . --:'::::''..-:'.•:',...,,',,,,...,::..: :45 ' .. , ........" ,' .z. ' ,,,z,,-. =f: , ' i":!. ^....„.. 0 NN V" . _ tb; It- t'5 *Vi* \ AI:, ..t. 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' 8.- _tj ..\> 1j cij ki 5 t,t i:: V/Ni/ --Z S k \, _,...,, . '••L.: ' .:..-Ataer-h."' ' A'-,-g-'7'.- xg r w3,,.. ' . . x w . 1 71 : __.:1:11:'°-.". ,.:.„,,,fd.".: .''' ' dj5urQ6.- Czi) z /16 &c-1xi vi'C -J c,cT1_2-i `I c/va V< C 1 -- E . ii, 3 4f i '4. r 4 :' �...r I ` . ' 3 1 I 3 -7 G . r �.z�? �" vane ' .dam . t r,. . ' O J 7\-- i x // .. zt 6/E Ue--EA A scLJ u7- (7 T From: kristin mccormaclk To: Summer 3.Peeble$ Subject: RE:Conditional Use Permit for 4615 OCEAN VIEW AVENUE Date: Monday,May 10,2021 2:51:35 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern, In receipt of a letter from the City of Virginia Beach Department of Planning and Community Development we are protesting the issuance of a conditional use permit for the short term rental at 4615 Ocean View Avenue Virginia Beach. I own the home at 4610 Lauderdale Avenue which is located directly behind the Ocean View residence. The deck of the Ocean View Avenue property directly faces the bedrooms in our home. Let it be noted that if the Ocean View Avenue property becomes a short term rental it will severely diminish our right to peaceful enjoyment of our own property. A short term rental is not compatible with the residential use of the surrounding properties. Our Civic league voted against the designation to be included in the short term rental overlay District because we were fully against it. My wife and I go to work every morning and my daughter goes to school every day. This would impact my daughters ability to have a peaceful lifestyle growing up as well as other directly surrounding neighbors'children. Individuals who are on vacation have different values and perspectives of living and taking responsibility while vacationing than those of us local homeowners with young families maintaining our lives and homes day to day. Last month there was a gun battle that occurred in the middle of a street in our neighborhood with bullets flying and hitting neighborhood homes which was associated with an AirB&B. We as a neighborhood and adjoining property line homeowners with the Ocean View Avenue property do not want this happening in our neighborhood. There is also a severe shortage of parking in our neighborhood which becomes worse as the vacationers and short term people move in. The lack of directional signs of how and where to park and police monitoring is another issue at hand for our neighborhood. Please consider this protest as a strong request to help keep peace in our neighborhood for our children and families. As neighboring homeowners our opinions should matter. Respectfully, Jason and Kristin McCormack April 25,2021 To: Virginia Beach Planning Commission Via Electronic Mail RE: Conditional Use Permit:Short Term Rental Linda M. Lamb Living Trust;Applicant 4615 Ocean View Avenue,VA. Beach G P I N: 15706241244615 Dear Planning Commission Members, I am writing to express my strong protest of the issuance of a Conditional Use Permit for the Short-Term Rental referenced above and located at 4615 Ocean View Avenue. My family resides at 4609 Ocean View avenue,directly next door to this building. Approval of this Conditional Use Permit would be a direct violation of Section 22 of the STR Overlay District,Section 2300 because the property"is not compatible with the residential use of the surrounding properties."The property was purchased in March 2021 by an out-of-state owner who intends to use it as a weekly rental, and approval will adversely impact my and my neighbor's quality of life, lessen our real estate value, and severely diminish our right to peaceful enjoyment. My son is a freshman at Cox HS, he needs his sleep and not to be exposed to the partying these part-time neighbors partake in while vacationing. I request the Commission Member's attention to the following: 1. The Chesapeake Beach neighborhood is not a designated part of the Short-Term Rental Overlay District, and for good reason. Our Civic League is on record against this designation because our neighborhood consists of families that work here full time, attend Va. Beach Public Schools,and are opposed to the imposition of noise, litter and out of control parties that accompany these types of rentals. 2. Article 22 of the STR Overlay District,Section 2300; Findings Intent state that STR should be confined to"...where residential dwellings are,and have historically been, rented to vacationers or others on a short-term basis." This is NOT the situation in Chesapeake Beach,and especially not on this street,we are full time residents that must get up every morning and go to work! For this reason alone,this application should be rejected. 3. The property at 4615 Ocean View Avenue does NOT have any on-site parking but must use street right-of-way parking area. While the on-street parking is designated for public use,the applicant does not provide the on-site 1-parking space per bedroom as required by the STR code. 4. Just last month, a party at a STR unit 3-blocks away resulted in a gun battle occurring in the middle of the street,with bullets flying and hitting neighboring houses. WE DON'T NEED ANYMORE OF THIS! As long-term residents and business owners in Virginia Beach,we strongly urge the Planning Commission to deny this Conditional Use Permit and to preserve the stability and peaceful enjoyment the residents on Ocean View avenue have a right to expect. Thank you, Brian Camden and the Camden Family 4609 Ocean View Avenue,Virginia Beach Mike and Caroline Gingerich 4614 Ocean View Ave. Virginia Beach,VA 23455 To: Virginia Beach Planning Commission RE: Conditional Use Permit: Short Term Rental Linda M. Lamb Living Trust; Applicant 4615 Ocean View Ave,Va. Beach GPIN: 15706241244615 Dear Planning Commission Members: We are writing to express our strong opposition to the proposed short term rental at 4615 Ocean View Ave. This STR applicant is directly across the street from our home. We feel that we would be so negatively impacted and are actually frightened at the prospect of having it come to fruition. Our daughter, who graduates in a week from the University of Virginia, is considering not living at home because of it. Our home is our refuge. We both work full time and coming home to our beautiful home and neighborhood is our reward. A short term rental would shatter our feeling of safety and refuge. These STR's have proven to be scary and unpredictable. Just three months ago in February a STR in our neighborhood got out of hand and shots were fired a mere block from our house in the middle of the night. By the grace of God no one was injured, but cars and a house had bullet-hole damage. We are most frustrated that we have to even go through this process as the applicant does not have adequate parking as outlined in the regulations of STR. These regulations were put in place for a reason—reasonable people know that not enough parking leads to problems—traffic, domestic and otherwise. 4615 Ocean View is short not one space, but two as they have four bedrooms and two spaces. We would think that after an application was submitted a cursory inspection by the city would eliminate this application simply based on that fact. There are plenty of neighborhoods included in the STR Overlay district that the applicant could have purchased a home and legally operated a STR. Our neighborhood is not part of the STR Overlay district and for good reason. The Lambs were aware that our neighborhood does not support STR and our Civic League oppose them before they purchased the house. We could go on about how these STR's spread out among many neighborhoods strains our first responders and puts our own constituents in danger. We cannot understand why our city would support this kind of operation that really contributes nothing positive to our neighborhoods or to our city. Any fees or taxes levied—which are not significant—are eaten up with the administrative and enforcement nightmare that they have become. We are asking sincerely that The Planning Commission members will deny this Conditional Use Permit at 4615 Ocean View Ave. Respectfully, Michael and Caroline Gin erich \t ` ( is ) tiCta. -o Hoa N. Dao From: Walton, Charles <walton.c.1 @pg.com> Sent: Wednesday, May 12,2021 11:57 AM To: Hoa N. Dao Subject: FW:4515 VRBO -OPPOSITION CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Dao, Please see my note to Mr. Miller. Thank You, Chuck Walton C: 523-328-2ogg I Walton.C.2 PG.Com Address:4619 A Ocean View Avenue Virginia Beach,VA 23455 From:Walton,Charles Sent:Wednesday, May 12, 2021 11:36 AM To:wnmiller@VBGov.com Cc: Eve Walton<evewalton13@yahoo.com> Subject:4515 VRBO-OPPOSITION Mr. Miller, Good Wednesday AM. As residents and Tax Payers of Chic's Beach for the past 3+years, my wife and I are opposed to the VRBO proposal currently under consideration at 463.5 Ocean View Avenue. Our concerns are twofold: a. Erosion of property values from surrounding residences(We live two doors down from the proposed property) 2. Quality of life adjustment—What we'll call"Rental Mentality"which will result from this property becoming an"In &Out"venue Our biggest concern is there are valuable properties on the street which pay high taxes to the city. As we've seen with our own experiences in owning a rental property,the owner manager needs to be actively involved in maintaining the property and local. We have seen a degradation in the structure as beach renters have very little interest in the property. What did we do? We actively had a local family member who came in and maintained the property each week! This was an expensive proposition. (We rented an 8 bedroom home for 8 years and had a very high clientele renting the property. Even then we had numerous issues.) When I purchased my home in 2o27, I understood this was a quiet community which was experiencing gentrification. If the community starts to rent out these properties, I'd expect my property value to decline. Hence,this will be a devaluation in the tax base too. i Finally, renters have no"vested interest"in the community. It's come to Chic's Beach, party hard(all hours of the day and night);then leave. As a person who works from home, I view this as a threat to my quality of life. I will be the first person on the phone to the police if/when any abhorrent behavior(s)occur. (Like the shooting down the street earlier in the year) Net,while revenues may increase the cost on the quality of life will decline. This means enhanced police coverage on an already stressed Police force. Expect more police presence here during rental season. Tell me what is the benefit here to us, our family,or the community at large? I see none except to enhance revenues to the property owner and to the city. What am I missing. Net,WE ARE VEHEMENTLY OPPOSED TO THIS RENTAL PROPOSAL AND WILL PROTEST IT AS LONG AS WE RESIDE AT 4619A OCEAN VIEW AVENUE. Thank you for allowing me to provide my point of view. Reach out anytime with questions. Chuck Walton I C: 513-328-2ogg I Walton.C.i@a PG.Com Address:4619 A Ocean View Avenue Virginia Beach,VA 23455 2 Dear Chesapeake Beach friends and neighbors, My wife Linda and I(John Lamb) have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area. We have chosen this local due to the family orientation,close-knit people,and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments,and elderly family members,taking away us from our 4615 Ocean View Ave. home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental (STR) Approval process during the 25%of the year we will not be in Virginia.We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community.Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families. We will also advise all renters that they are entering a "neighborhood watch community" and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters,and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543)in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb Neighbors Name(Printed): `j. • ii -;!, Address: J; ` vim ,/S V - Phone Number: 7- 7— `b z — `fZSS Signature: Thank you for your support in this matter. Contact information: John F. Lamb PMP Linda M. Lamb Phone(Cell):810-772-0101 Phone(Cell):810-341-3543 Email: 'uhnlambPcharter.net Email: imlamb05@gmail.com Dear Chesapeake Beach friends and neighbors, My wife Linda and I (John Lamb) have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area. We have chosen this local due to the family orientation,close-knit people,and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments,and elderly family members,taking away us from our 4615 Ocean View Ave. home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental(STR) Approval process during the 25%of the year we will not be in Virginia. We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community. Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families. We will also advise all renters that they are entering a "neighborhood watch community"and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters,and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543) in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb Neighbors Name(Printed): I i 1 C, D lL—) Address: 1 -503 ?te G,SU/if A% Y 6 ' ✓n (7615 Phone Number: Spa- 073/0 - Signature: Thank you for your support in this matter. Contact information: John F. Lamb PMP Linda M.Lamb Phone(Cell):810-772-0101 Phone(Cell):810-341-3543 Email: _,;hnlamb@charter.net Email:Imlamb05@gmail.com Dear Chesapeake Beach friends and neighbors, My wife Linda and I (John Lamb) have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area.We have chosen this local due to the family orientation,close-knit people,and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments,and elderly family members,taking away us from our 4615 Ocean View Ave. home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental(STR) Approval process during the 25%of the year we will not be in Virginia.We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community.Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families. We will also advise all renters that they are entering a "neighborhood watch community" and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters,and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543) in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb Neighbors Name(Printed): 4/5/4 CAM c -_) Address: -1-1 ..J 7 to .soi, 1/41 , Phone Number: S6; - 3 . /nS Signature: Ca Q /, as,,�s .i-..' Thank you for your support in this matter. Contact information: John F. Lamb PMP Linda M. Lamb Phone(Cell):810-772-0101 Phone(Cell):810-341-3543 Email: ;whnlamb@charter.net Email:Imlamb05@gmail.com Dear Chesapeake Beach friends and neighbors, My wife Linda and I (John Lamb) have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area. We have chosen this local due to the family orientation,close-knit people,and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments, and elderly family members,taking away us from our 4615 Ocean View Ave. home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental(STR) Approval process during the 25%of the year we will not be in Virginia.We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community.Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families.We will also advise all renters that they are entering a "neighborhood watch community"and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters,and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543)in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb Neighbors Name(Printed): -771cs yr A.5 tliri>;5 Address: ai a,u +f4% A Phone Number: Signature Yiz Thank you for your support in this matter. Contact information: John F.Lamb PMP Linda M.Lamb Phone(Cell):810-772-0101 Phone(Cell):810-341-3543 Email: ,,hnlamb@charter.net Email:imlamb05@gmaii.com Dear Chesapeake Beach friends and neighbors, My wife Linda and I (John Lamb) have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area.We have chosen this local due to the family orientation,close-knit people,and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments,and elderly family members,taking away us from our 4615 Ocean View Ave.home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental (STR) Approval process during the 25%of the year we will not be in Virginia.We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community.Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families.We will also advise all renters that they are entering a"neighborhood watch community"and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters,and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543)in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb Neighbors Name inted): llj() � �( 6— (Aki Address. a53c vim. Phone Number: 2 S 9/9" C /C Signature: )a� 3 Thank you for your support in this matter. Contact information: John F. Lamb PMP Linda M.Lamb Phone(Cell):810-772-0101 Phone(Cell):810-341-3543 Email:iohnlamb@charter.net Email:Imlamb05@igmaitcom Dear Chesapeake Beach friends and neighbors, My wife Linda and I (John Lamb)have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area.We have chosen this local due to the family orientation,close-knit people, and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments, and elderly family members,taking away us from our 4615 Ocean View Ave. home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental(STR) Approval process during the 25%of the year we will not be in Virginia. We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community.Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families.We will also advise all renters that they are entering a "neighborhood watch community"and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters, and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543) in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb -PI Neighbors Name(Printed): `OG 4Z Address: 2 2' -(yaevitki Phone t mber1 S 3 6' 3 6 5 Signature: Thank yo for your support in this matter. Contact information: John F. Lamb PMP Linda M. Lamb Phone (Cell):810-772-0101 Phone (Cell):810-341-3543 Email: ohnlamb@charter.net Email: Imlamb05@gmail.com Dear Chesapeake Beach friends and neighbors, My wife Linda and I (John Lamb) have purchased a home located at 4615 Ocean View Ave.,Chic's Beach area.We have chosen this local due to the family orientation,close-knit people,and businesses residing on beach front area.We are relocating to Virginia Beach from Michigan.We would love to spend all of our time in Virginia Beach area, but we have commitments,and elderly family members,taking away us from our 4615 Ocean View Ave.home.We estimate throughout the year to be home approximately 75%and absent from Virginia 25%of the time. As many of you know,we have filed a request to allow us to rent through the Short-Term Rental (STR) Approval process during the 25%of the year we will not be in Virginia.We want to follow all the current guidelines/rules being put into place and continue to support the Chic's Community.Currently our STR plan,during our absence,will allow only one contracted guest into our home per seven-day period.We plan to advertise the home as a highly rated family friendly environment for families.We will also advise all renters that they are entering a"neighborhood watch community" and a home with security cameras in force.We will have home specific rules and STR Rules and Guidelines enforced. We plan to monitor the property and have our son who lives 10 minutes away do spot checks of renters,and act on our behalf to address any emergency situations during our absence. Please give us your blessings with the signing of this form to acknowledge that we have advised you of our intent to use Short Term Rental process in 25%of the 2021 calendar year for our home located at 4615 Ocean View Avenue. Please save my telephone number(John—810-772-0101)and my wife's(Linda—810-341-3543)in case you ever need to get in contact with us directly. Sincerely, John and Linda Lamb Neighbors Name(Printed): VvT2a'vr Address: ' 2 Y (Yt Vi 69 A V Phone Number: 1 47 Z 1 3I—7 Signature: t Thank you you for your support in this matter. Contact information: John F. Lamb PMP Linda M. Lamb Phone(Cell):810-772-0101 Phone(Cell):810-341-3543 Email:_ohnlamb@charter.net Email:Imlarnb05@gmail.com Method of Location Mailing Address Property Owner Owner Date of contact send contact 4617 Ocean View Avenue Unit A 1731 Brandon Avenue CROCKERS BAY VIEW LLC USPS-Mail 2/26/2021 Petersburg,VA 23805 456 GLADSTONE RD USPS-Mail 2/26/2021 4617 Ocean View Avenue Unit B SHEILA ONG LANGHORNE,PA 19047 4609 OCEAN VIEW AVE USPS-Mail 2/26/2021 4609 OCEAN VIEW AVE BRIAN CAMDEN VIRGINIA BEACH,VA 23455 4614 OCEAN VIEW AVE USPS•Mail 2/26/2021 4614 Ocean View Avenue vIRGINIA BEACH,VA 23455 MICHAEL AND CAROLINE GINGERRICH J ic 4610 LAUDERDALE AVE MCCORMACK JASON A&MCCORMACK 4610 Lauderdale Avenue KRISTIN USPS-Mail 2/26/2021 VIRGINIA BEACH,VA 23455 4612 Lauderdale Avenue 2112 W KENDALL CIR USPS-Marl 2/26/2021 NORTH GREENWELL ASSOCIATES VIRGINIA BEACH,VA 23451 4614 Lauderdale Avenue 2112 W KENDALL CIR Sent above Sent above NORTH GREENWELL ASSOCIATES VIRGINIA BEACH,VA 23451 4613 Ocean View Avenue 4613 OCEAN VIEW Ave. MICHAEL AND JONELL MCDONNELL Email-current 2/5/2021 VIRGINIA BEACH,VA 23451 owner 4615 OCEAN VIEW AVENUE 4615 OCEAN VIEW Ave. TRACI C.FARLEY Email-current 2/9/2021 VIRGINIA BEACH,VA 23451 o,vner From: paniel Blevins To: Summer 3,Peebles Subject: Short Term Rental Conditional Use Application for 4615 Ocean View Avenue-Chic"s Beach Date: Wednesday,May 12,2021 8:35:15 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Peeble, I am writing in opposition to the short term rental Conditional Use application for 4615 Ocean View Avenue in Chic's Beach(I believe I have the street number of the property correct. The property did not have have the street number posted but the adjacent property's street number was posted) My opposition is due to the criminal element that has been introduced to our neighborhood since short term rentals have been allowed. Please see article below concerning a February 28th incident. In addition,by allowing short term rentals our neighborhood watch program has become ineffective. We, as residents,no longer have knowledge of who should or should not be "hanging around" or whose presence might or might not pose a danger to our community. Thank you Daniel J. Blevins 4622 Lauderdale Avenue Virginia Beach, Virginia 23455 757-449-3963 Sunday Feb. 28th Shootout at Chic's Beach Short Term Rental—Police Seek Information Posted on March 9, 2021 by toddsololnon Police Detectives are circulating the following flyer in hopes to fmd information regarding a recent shootout that took place early Sunday morning February 28th at 4504 Ocean View Ave. If you have any information,you are asked to contact Detective Pittman, epittman@vbgov.com Click here to see the Police flyer Shootout Flyer Summary: On 02/28/21, at approximately 0538 hours, an unknown type of sedan (possible Toyota Celica)occupied by at least two suspects pictured below appeared to stage outside of a party located at 4504 Oceanview Avenue,Virginia Beach, VA. That vehicle moved slowly westbound appearing to have shots come out the passenger side before driving away being shot at by at least two shooters in the front yard of 4504 Oceanview. The sedan stops at Fentress/Oceanview, driver gets out firing one shot at the direction of 4504 Oceanview; the passenger gets out firing multiple shots in the same direction. Another vehicle,Jeep SUV black in color, comes from the direction of the firing of gunfire to turn off into a parking lot at Fentress/Oceanview. The driver gets out of the black Jeep(pictured below, appears female) and switches to passenger side of vehicle. The Jeep then goes back to the direction of 4504 Oceanview Avenue. Please let Detective Pittman know of any information or identification related to this incident and/or pictures below. �2�` B2IP B4 Shore Dr_ive_— ` Shore Drive Shore Drive__ o _7 24 6.ts7 d—. , 2. 'w'\%o Q ii --. e I 2 ; ci B2 ` R'51: :1,/o 0 e �/ 70 o PS O `./ o�/ B2 \o, ti G /le // if, ' -cV .'" 10 1IIIIL°-\\ .°.-N 9Q B4 ** - R5D \ ode, N 4" i 4 R5D '`� 0 ,R5D A 4 � ohtCi % -� JQ �R5D; 0 V ' V Du o—nt CircleO , / ,% 71 °/ / \ 0 a , 0 \ ado, , �, pa,. R5D CR5D PDH „, "/ a , 0011iP4k N Krista L. Woodlock w AU_ ® Site 3709 Rockbridge Road vso Property Polygons nZoning Feet Building 0 2040 80 120 160 200 240 M ` ` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KRISTA L. WOODLOCK [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3709 Rockbridge Road (GPIN 14894867443709). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 7,400 square-foot parcel zoned R-5D(SD) Residential District (Shore Drive Overlay). The lot consists of one duplex building with the subject unit containing three bedrooms. Only one unit is owned by the applicant, Unit 3709. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental unit is nine; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 10, 2021, Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This property is located within the community of Ocean Park, which consists primarily of single-family and duplex style residential dwellings as well as multiple commercial uses along the north and south sides of Shore Drive. The subject lot is zoned R-5D(SD) Residential District and is approximately 765 feet from the public beach of the Chesapeake Bay. The applicant's parking plan depicts the three required off-street parking spaces, one within the garage and two in the driveway. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. Krista L. Wood lock Page 2 of 4 Staff received five letters of support for the Short Term Rental. There is no known opposition to this request. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 3709 Rockbridge Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Krista L. Woodlock Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1 ) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Krista L. Woodlock Page 4 of 4 Letters of Support (5) / Opposition (0) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager/ - Applicant& Property Owner: Krista L. Woodlock Agenda Item Planning Commission Public Hearing:June 9, 2021 City Council Election District: Bayside 31 City of Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation Approval / ; 2 s Staff Planner e_Z William Miller v Location �/// 3709 Rockbridge Road 2, / !/ $ /05D 0 G PI N f act/,, .,, v , 14894867443709 �� ,,, w rq, Site Size 7,400 square feet \ /9-5° R-5DII Existing Land Use and Zoning District Duplex dwelling/R-5D Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North = �' Restaurant/B-2 Community Business(Shore x ,o-y r, w ,a r"-Drive Overlay) tir South d ,. n Dupont Circle ,. N. - ;. Duplex dwellings/R-5D Residential (Shore ** # e i /1 Drive Overlay) -IfI 1 ter' ' ' East # Duplex dwellings/R-5D Residential (Shore 4-, ,� -� Drive Overlay) . W ' West "' Y. Rockbridge Road Single-family and duplex dwellings, commercial " . �_. .,, #,,. business offices/R-5D Residential and B-2 . ,e} �- f• Community District(Shore Drive Overlay) P` -,,4� Krista L. Woodlock Agenda Item 31 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,400 square foot lot is located within the R-5D(SD) Residential District and contains one side-by-side duplex style dwelling. • The applicant only owns one unit within the duplex, Unit 3709. • According to City records,this duplex building was constructed in 2005 and Unit 3709 contains three bedrooms. • Staff inspected the site on April 13, 2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on the west side of Rockbridge Road; however, it is permitted on the east side of Rockbridge Road. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of May 18, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Krista L. Woodlock Agenda Item 31 Page 2 Short Term Rentals in the Vicinity /ri PWO WV "Flo STATUS • Approved _ --__ fop f� F�V 4`,' • Denied •, Q Under Review O Registered Updated on May 14,2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#16 • Number of parking spaces required (1 space per bedroom required):3 • Number of parking spaces provided on-site: 3 Krista L. Wood lock Agenda Item 31 Page 3 O s73 ■❑ //0No Zoning History to Report 04" R D� 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 property is located within the community of Ocean Park, which consists primarily of single-family and duplex style residential dwellings as well as multiple commercial uses positioned along the north and south sides of Shore Drive. The subject lot is zoned R-5D(SD) Residential District and sits approximately 765 feet from the public beach of the Chesapeake Bay. The applicant's parking plan depicts three required off-street parking spaces, one within the garage and two in the driveway.As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable; however,a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. These recommended conditions reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3709 Rockbridge Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Krista L. Woodlock Agenda Item 31 Page 4 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through'c'below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. Krista L. Woodlock Agenda Item 31 Page 5 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners.Two letters of support and one letter of opposition have been received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23,2021,and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20,2021 and June 27, 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 June 21, 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 July 2, 2021. Krista L. Wood lock Agenda Item 31 Page 6 Site Layout & Parking Plan 9' x 18' 0 \\\��o\\\�\ . parking area \\\\\\\\\\\\\� e.\\\\�-co7-».\\\\\ yvvv� ,.vvvv. \\\\\B4IC-1b \\\\ I \\\�\\ . w�\ \\\� 9' x 18' parking a ,\\\\ \\\\'. - \\\ o -, r) "-.�� area in garage cc `\ \\, v 1 ... o \\ .�\.. \\� \\\- 4\\ , \� a\\• \\ � \\\\\V "\\\\ .. � A / FDO TUNIT SU NAR AREA U \\\\\\ <\�\\ \\` O CC \\\\\\ ';\\\\; \\`13 �\ - DENOTES UNIT AREA l J , ' • r 5 .. \ FOR UPC' B �� / DENOTES COMMON ELEMENT WALL • f11'• DNIDING UNITS `ice• , , / r % /y/ 4 il lr At Z //4 Dupont Circle Krista L. Woodlock Agenda Item 31 Page 7 Site Photos y �- �---____ ;.. a i mil ' . - ' ' 1,11k. - :'';., if... -1, —_,,i4e....1 _I--.._:. : 1", i—J1 ,04 3709 Rockbridge Road .. ,... ' MOW I M 111--.- - INI��,"�!!!! " r __.__�� i • ,„,,,_ II ,:IIIIIiill den NI 1 Nio "^ _ __ •L ........... �— ti _... _. 1. :: Krista L. Woodlock Agenda Item 31 Page 8 Site Photos t. }� ate _. `s• '_'_•- s 1 tflit a .} ___ !- } q� M. . 7 -mom..._ - I 4 Ire `;4,..4:7%.. pia.-- liir _ �i' 1 = { ap. �.��li�ll[ 1111119111 llll►n -� _ � =� 4 : •--•;,.._,_•-..,,,, ,,,,, --= ,, .,,,-, .,____.- _ •_.,'`?,..,..--77-7-7-7' .-_'•.11:. : �f" ` ' { • t te+ ". . a Fes 1 • 11 '•'= ... i. Krista L. Woodlock Agenda Item 31 Page 9 Disclosure Statement Disclosure Statement \413 Pity of Virginia&odi 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 �1 Applicant Name tST A- t le--) Does the applicant have a representative? 0 Yes Da No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes XNo • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessaryy) • 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§2.7-3101. "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(id)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ) Krista L. Woodlock Agenda Item 31 Page 10 Disclosure Statement Disclosure Statement C goft5gbw S.vh 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?0 Yes • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes -Fdo • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes tOo • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1lo • 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 kO0 • If yes,identify the purchaser and purchaser's service providers. 21 Krista L. Woodlock Agenda Item 31 Page 11 Disclosure Statement Disclosure Statement V3 City ofYminia Bus Planning&Community - Development 6. Does the applicant have a construction con rector in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 • It yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Oo • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes FIlo • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Date ,�-, Is the applicant also the owner of the subject property? Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two f 2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No Changes as of Date 06.14.2021 Signature 1 W iilieu4/M l leA _ Print Name William Miller - 1 Krista L. Woodlock Agenda Item 31 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. Krista L. Woodlock Agenda Item 31 Page 13 STR VICINITY MAP KRISTA L. WOODLOCK - 3709 ROCKBRIDGE ROAD ..,.., „ to . L -N ��J^-- Shore Drive " fro , he t CO Short Term Rentals 9'/ J Status ��1�� C Approved 4.0 ,:rlin� 1� 1 ilk0Denied � CUr-der rev e.; C Registered Updated on 06-15-2021 Item # 31 Krista L. Woodlock [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 3709 Rockbridge Road June 9, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Okay, thank you. That was the last item on 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 Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan &Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. 1 Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. 2 Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20,21,24,25,28,31,37, 38, and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 6 NAY 0 ABS 1 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 3709 Rockbridge Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000)underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 4 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 Gayle McHugh 3716 Rockbridge Road Virginia Beach, VA 23455 April 23, 2021 To whom it may concern: I have been a neighbor of Krista L. Woodlock on Rockbridge Road in Virginia Beach for over 15 years. Her property is always well kept, and the surrounding yard nicely groomed. She has always been a pleasant, unobtrusive, and friendly neighbor. This is to advise that I have no issues or grievances with Dr. Woodlock using her home at 3709 Rockbridge Road as a short-term rental property. Sincerely, Gayle McHug , April 26, 2021 Eleni Andreas Kopassis 3652 Dupont Circle Virginia Beach, VA 23455 Dear Sir/Aladam: I am the adjoining neighbor of Krista Woodlock on Rockridge Road in Virginia Beach. We share a duplex/condo and have a shared wall and yard. We have been neighbors since 2017. She has always been a nice neighbor and keeps her side of the property neat and orderly. This is to confirm that I have no objections to Dr. Woodlock using her home at 3709 Rockbridge Road as a short-term rental property. Very truly yours, C .) VA) Eleni Andreas Ko assis From: To: Subject: 3709 Rockbridge road Date: Wednesday,June 2,2021 6:21:59 AM From:William N. Miller<WNMiller@vbgov.com> Sent: Wednesday,June 2, 2021 6:17 AM To: William N. Miller<WNMiller@vbgov.com> Subject: FW: 3709 Rockbridge road From: makarba@verizon.net <makarbana verizon.net> Sent: Sunday, May 30, 2021 10:24 AM To: Hoa N. Dao<HDaoc vbgov.com> Subject: Krista L. Woodlock- 3709 Rockbridge Rd - Short Term Rental CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I'm writing to oppose the approval of a short term rental at 3709 Rockbridge Rd. Ocean Park and our neighborhood is a residential community and we would like to keep it that way. There are no hotels, short term rentals or such businesses that will bring traffic and ongoing stream of strangers to our community. Thanks Basem Makar 3720 Rockbridge Rd Virginia Beach,VA 23455 Michael T. & Anna-Marie Bertolino 2152 WINDWARD SHORE DRIVE,VIRGINIA BEACH,VA 23451 Office 757.481.0900 6/03/2021 City of Virginia Beach Dept of Planning& Community Development 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452-7385 Re: Conditional Use Permit for Short Term Rental Applicant: Krista L. Woodlock, DDS 3709 Rockbridge Road, Va Beach, VA 23455 Accela Record: 2021-PCCC-00096 Dear Sir or Madam: Please be advised that we have absolutely no objection to the granting of a Conditional Use Permit for Short Term Rental to Krista Woodlock. We own the property (3653 Dupont Circle) across from her home and have known her for many years. We also own Mike Bertolino & Co. and Mike has been doing her plumbing work since 2004. We know first-hand how meticulous she is about her home, rental property and place of business. She would make an excellent short-term rental property owner. Thank you for your attention to this matter. Sincerely, Ann Marie Bertolino Michael T. Bertolino Thomas ID. Viele 3C51-A Dupont Circle,Vireinia Deach,VA 23455/(cell)757.714.5075 6/01/2021 Conditional Use Permit(Short Term Rental) Applicant: Krista L Woodlock Property: 3709 Rockbridge Rd Accela Record: 2021-PCCC-00096 Dear Sir or Madam: I live directly across from the property at 3709 Rockbridge Road requesting the Conditional Use Permit for a Short Term Rental and have no objection to it. I have known Krista Woodlock for many years and she is a wonderful neighbor. I am sure that she would make an excellent short term rental owner and be very considerate of her neighbors. Yours truly, �l %. Thomas P. Viele 3651 Dupont Circle, Unit B 6/06/2021 City of Virginia Beach Dept of Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452-7385 Re: Conditional Use Permit for Short Term Rental Applicant: Krista L. Woodlock, DDS 3709 Rockbridge Road, Va Beach, VA 23455 Accela Record: 2021-PCCC-00096 Dear Sir or Madam: We would like to go on record that we have no objection to the granting of a Conditional Use Permit for Short Term Rental to Krista Woodlock. We own the property (3700 Dupont Circle) across from her home and have known her for many years. Krista has been a great neighbor and takes excellent care of her property. She would make an excellent short-term rental property owner. Jimmie and Jakki Rightmeyer 3700 Dupont Circle. From: krista woodlock To: William N.Miller Subject: STR app Date: Monday,June 7,2021 10:52:31 PM Attachments: 20210607 215324 1.mo4 (CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Not sure if this would be helpful but thought I would send it .. This a clip from tonight at about 10 pm at the front of my house. This is actually low key and a Monday night. In the beginning of the clip you can see a car actually sitting in Jim and Jackie's yard. The people going to Bucketheads are even using the reality parking lot across the street which you can see as well. If it was a Wed or Thursday night there would be twice as many cars. Weekends during the summer are even more crowded. I felt this was important for the everyone to see so they know what goes on daily on Rockbridge and Shore drive. Sent from Yahoo Mail on Android p., . 0 a ■ mobk1111111 willini- 1.1 imaimi ! imil. am 4t1 MN b lc Mall Al2 L all - am a; _ a ww_r_„___ , n i i0......- _ sr V Condor Street _14, as _ iiiia) L. A 41 at IN as 1rr -nr 11' I I / / At Li.' INEI��i�_ N Standard Community, LLC W�!'!i E ® Site 427 Peregrine Street s s Property Polygons nZoning Feet Building 0 1530 60 90 120 150 180 1 yy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: STANDARD COMMUNITY, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 427 Peregrine Street (GPIN 1467773665). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 1,999 square-foot parcel zoned A-12 Apartment District. The lot consists of one attached townhome dwelling containing two bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 10, 2021, Host Compliance shows no current Short Term Rental advertisements associated with the subject address. • Considerations: This property is located within the Northridge subdivision, which was created by plat in three sections in 1979/80 and contains 368 townhome lots. The proposed parking plan shows both required parking spaces within the existing driveway, which meets the requirements of Section 241.2(1) of the City Zoning Ordinance. In addition, the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. Standard Community, LLC Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 427 Peregrine Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Standard Community, LLC Page 3 of 3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:0 Applicant & Property Owner: Standard Community, LLC Agenda Item Planning Commission Public Hearing:June 9, 2021 �r City Council Election District: Bayside city 4!N37 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation • Approval . dild Staff Planner - Summer Peebles • 4 P Location Ara ^i. 427 Peregrine Street etSI. — 'aehel Street t ;al G P I N Floral Street 1467773665 = Site Size } t a k 1,999 square feet n 8e to 44 Existing Land Use and Zoning District \ 7 Town home/A-12 Apartment Surrounding Land Uses and Zoning Districts North Townhomes/A-12 Apartment g: , South Townhomes/A-12 Apartment East Townhomes/A-12 Apartment West - - r. U r ; s Peregrine Street -, r, _ 1 Townhomes/A-12 Apartment ' ' -- I' �� 1t.7 _ ^ 041;4 .0 ,S,,eetr i q. • 1 I yt. ...la Standard Community, LLC Agenda Item 37 Page 1 Background & Summary of Proposal Site Conditions and History • This 1,999 square foot parcel is zoned A-12 Apartments. • According to City records,this 2-bedroom home was constructed in 1981. • Staff inspected the site on April 13,2021 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • Known Short Term Rental activity as of 05/17/2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity La ro Q Itikii" ; :,,' X 1 e_.. 4411 1 '‘ % jr:.-110 '.. 4 ,. .i.*-41. Ap ., tw. .7.,___,_ , _ 1 .: . . , :4 Ao: A g p. STATUS '6 rk �� r. ` \ i a • Approved P. • Denied f" C] ,f, Under Reviewif Q Registered ;/ i,u Updated on May 14,2021 Standard Community, LLC Agenda Item 37 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Mail IMMO ilinall "11117111 Mall --. A-12 // JTim 11111.1 ION No Zoning History to Report ■� e III III III Condor Street MEI Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This property is located within the Northridge subdivision.This townhouse contains two bedrooms and requires two off- street parking spaces.The proposed parking plan shows both parking spaces within the driveway in front of the unit, which meet the requirements of Section 241.2(1)of the City Zoning Ordinance (CZO). Furthermore,the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant, although this area of the City does not typically have Short Term Rentals. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Standard Community, LLC Agenda Item 37 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 427 Peregrine Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Standard Community, LLC Agenda Item 37 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021,and May 30, 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 May 24,2021. • 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27,2021. • 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 June 21, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/gove rn ment/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on July 2, 2021. Standard Community, LLC Agenda Item 37 Page 5 Site Layout & Parking Plan a Easement r-C 4 P TE LE. CO.OF VA.EASEMLM 0 $CT156o-R(0.6.2O25.P 19) Q W 142 ' M r20 20' ::014,t., 31' 4 5 ( 6 i I— .1 1 C t Li ZOC 1019' Li . ,oI - F ) r V? IBRIC K Single of family` in• ,as W Dwellin' g e h n - o - i n r.o' . v i 0 me' ri 425 i C1. er I °... ' Yo,I' 0 f +?7111111111111111 4 .ee. ''r' 'r ' it:: I I;. P,,,, i I („) . 20' . . 21' ' 'E (4 2' '44a 14 Street Peregrine Street pavement -2-bedroom townhouse -2 parking spaces required & provided on-site Standard Community, LLC Agenda Item 37 Page 6 Site Photos n ; !II .. `tr - ._.. . - K: rA -i- ,- - -., -- .-- -'-f--11-7v.- r-.'1 • ....001`-- • A .J— r �4 is `i.� • l0 Standard Community, LLC Agenda Item 37 Page 7 Site Photos ( f Ai VA Olio_ -- . k--- i• 411.. s' t+ ', -- . . 0 71, ..._.- tr, , )1 .„reovisk, c ,IP _1 ,_ :iogs-4.144.- 1 , , i _ 1 It .r Standard Community, LLC Agenda Item 37 Page 8 Disclosure Statement Disclosure Statement [eu:yt`�r.N 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 Standard Community LLC Does the applicant have a representative? 0 Yes ■No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Robert V.McDonald,Stephanie M.Harris • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(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 entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Standard Community, LLC Agenda Item 37 Page 9 Disclosure Statement Disclosure Statement \/13 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 IN 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. Mr Coopers Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes III No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,Identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm or Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes III No • If yes,identify the purchaser and purchaser's service providers. 2IPage Standard Community, LLC Agenda Item 37 Page 10 Disclosure Statement Disclosure Statement VB cat Planning&Community I elopmen 4v, 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?D Yes il No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Aoikant Signature --�y Robert V.McDonald,Stephanie M.Harris,Owners Print Name and Title March 29,2021 Date _ __ --— - --- --- Is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications p No changes a Date j 06.16.2021 s'`n'°'r' W i%ll Gunn!M ille4 Print NameWilliam Miller 31Page Standard Community, LLC Agenda Item 37 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Standard Community, LLC Agenda Item 37 Page 12 STR VICINITY MAP STANDARD COMMUNITY, LLC - 427 PEREGRINE STREET t1' . . ..‘„. _________///- ---1 r3ir _-_- - ..„, !it/ # g E t .: ... ii.), - ,:r ..4 , %; -s -,t __ inFil Vl :i a --4,'-'1411MB lia i.k 1 \;-‘• - ..j. .ii., mvir41/#0,1 ' -g- 41,1-_____Illiiiiamti -:. — .- \ 11111"-----"I" ' ils :, ,11,1%..-;:# 1 , mu \jrah c I! T_ o� 8\ Al : .rr'b . STATUS \ :'� ifiiiiiii. i FXa o .._ / i Ap p roved PProved c�\\ • Denied " , 3 Registered Updated on 06-15-2021 Item # 37 Standard Community, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 427 Peregrine Street June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Okay, thank you. That was the last item on 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 Planning Commission support the applications and there are no speakers signed up in opposition.These include agenda item number 28 Dan&Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. 1 Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. 2 Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20,21,24,25,28, 31,37,38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 6 NAY 0 ABS 1 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 427 Peregrine Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 3 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 4 plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 —Shore-Drive co, -- - i o `�/ B4 �° .<o/ B4 ri [7:11 6.). , ,„ , le� 035P �o / •4' 1 dmont--__ Cir R5D i / /,), , 75D, / 0>- 4-„/ ,_, ..,, iii tz' i / / , / / -,,_ . / , , , f' E7/ �,q, CD R5D q;� cc 'Q \\ \Z t, o — R5 D ov,„, �, ----) / ______________,,, /R5D ' N William Georghiou W`C'%E M Site 3608 E. Stratford Road 4�y s Property Polygons nZoning Feet Building 0 1530 60 90 120 150 180 ,r`L . . -CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WILLIAM GEORGHIOU [Applicant & Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 3608 E. Stratford Road (GPIN 1489584711). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 6,827 square-foot parcel zoned R-5D(SD) Residential District. The lot consists of one single-family home containing five bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or five spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a five-bedroom Short Term Rental is fifteen; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 14, 2021 , Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This site is located within the community of Ocean Park, which consists of predominately single-family and duplex dwellings. The subject lot is zoned R- 5D(SD) Residential District, Shore Drive Overlay, which permits both single-family and duplex dwellings. In addition, the site lies approximately 530 feet from the public beach of the Chesapeake Bay. The applicant's parking plan shows all five required off-street parking spaces on- site; one space in the existing residential garage and four spaces in the driveway. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. William Georghiou Page 2 of 4 • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 3608 East Stratford Road, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and William Georghiou Page 3of4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing William Georghiou Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 0 Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: William Georghiou Agenda Item Planning Commission Public Hearing:June 9, 2021 City Council Election District: Bayside 38 ,„„,,, Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Summer Peebles • Location �► &Mill 3608 E. Stratford Road I' .--r GPIN 4P4Sh Jk. I 1489584711 10 kt: 1 Site Size • , 6,827 square feet Existing Land Use and Zoning District Single-family dwelling/R-5D Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings r t -n s Offices/R-5D Residential& B-4 Mixed Use _,< t., "" ' (Shore Drive Overlay) _ it— 'f �" _= .,.. South a _, :_� •. =ar Harbor Way �� h Duplex dwellings/R-5D Residential (Shore r� :' ' Drive Overlay) l .a East East Stratford Road, Duplex dwellings,Resturant , - & Lynnhaven Boat Ramp/R-SD Residential& 4' '`' 1 4. 7 B 4 Mixed Use (Shore Drive) West J4'; 4 -„,,, t Duplex dwellings/R-5D Residential (Shore } $ 4 ".:: '� fi, Drive Overlay -, , , �"'; William Georghiou Agenda Item 38 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,827 square foot property is zoned R-5D Residential. • According to City records,this 5-bedroom home was constructed in 2017. • Staff inspected the site on April 13, 2021 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; however, due to the property's proximity to the intersestion of East Stratford Road and Shore Drive, on street parking is limited, but any overflow parking beyond the minimum parking spaces required could occur within the public street. • Known Short Term Rental activity as of 05-17-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity - Oak, S' igAZ *At 0,, fip m - - wit • it , 4 VI STATUS • Approved Q•, • Denied O Under Review O Registered Updated on May 14, 2021 William Georghiou Agenda Item 38 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 5 • Maximum number of guests permitted on the property after 11:00 pm: 10-As recommended in condition 16 • Number of parking spaces required (1 space per bedroom required): 5 • Number of parking spaces provided on-site: 5 _ O e SAori=biir. 3 �$ I _-� Eir a w ae *pi \ Zoning History ' %,r N # Request .\v� .� 1 CUP(Townhome style condominium community)Approved ae'; 07/03/2012 7) q2'0 \ 1%. V Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the community of Ocean Park, which consists primarily of single-family and duplex style dwellings. The subject lot is zoned R-5D Residential District (Shore Drive Overlay), which permits both single-family and duplex dwellings and sits approximately 345 feet from the Lynnhaven Bay. Five on-site parking spaces are accommodated with four spaces in the driveway and one is located in the garage. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable;however,a condition is recommended that assures the garage will always be available for the Short Term Rental occupants.Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. William Georghiou Agenda Item 38 Page 3 Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3608 East Stratford Road,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. William Georghiou Agenda Item 38 Page 4 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021, and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20,2021 and June 27, 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 June 21, 2021. William Georghiou Agenda Item 38 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 July 2,2021. William Georghiou Agenda Item 38 Page 6 Site Layout & Parking Plan • , • r 1 I \ 1 _SRL.7 I WI ...N.., -5 bedrooms ci a -5 parking spaces a P\rrig-ij \ ' provided on site & in.L \ i the garage - . , —kci , _......._ . .,.,i a•1" . , _ • I ,, ,i Single- I .. ' family 1. I ' dwellin - 1_ : 7- Pr4 1 1 1 114 2 - 1 Ii ., . .*. i i---- .. I • --1 / 1 " - 1 i..,' . 1 43 5 : ' r i: c 1 1 _ - 0 e a tiii::iE•:o‘ ._ .:,-:7:::•7:::.'::''. :A\L. East Stratford Road William Georghiou Agenda Item 38 Page 7 Site Photos /7,-...i, . . , _ its.' _. ._ .� . 7 , .. it. h,')3' :l I ' IN- Q u ismtil p mun ipnpI,„ ` , ._,.. . . , ' kt..4 , r W" r K' ,:: < ,` ,L_ i i ....‘' Is * ma William Georghiou Agenda Item 38 Page 8 Site Photos .,y :::, yam" y i n Ia ° anti -Mf • 4i V -, - iik ili ..._::,..,_ , ,,,,,.: _-_.-.1.4,.,..;„,.. , , . __. . .. $ .....,,,-._*„.40e...,..4....,___„___, .-:4,_ , - '- ._ _ ..._ . . _ , „......_,;._..,,s., ,,,_ .._,.:. : ,.., . .. -__ _____ .. _ _ . _ ,. .,.. .. , .. .__ __.._ ... - iiiit Awl- William Georghiou Agenda Item 38 Page 9 Disclosure Statement Disclosure Statement Mr3 C tty J l'upitutt Bench 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 William Georghiou Applicant Name Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes It 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. 11 William Georghiou Agenda (tern 38 Page 10 Disclosure Statement Disclosure Statement • Cxy/rmiru•eeat SnningoCpmmenintunitY &vel 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 jp 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 ElNo • If yes,identify the financial institutions. Fulton Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ! No • If yes,identify the real estate broker/realtor 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N NO • If yes,identify the firm or individual providing the service. - • - --1111411111.1- 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IN No • If yes,identify the purchaser and purchaser's service providers. 2I William Georghiou Agenda Item 38 Page 11 Disclosure Statement Disclosure Statement l 14 c�1 Vot w Bauch Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application of 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. 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,1 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 / Print Name and Title / e / 1/ Date Is the applicant also the owner of the subject property? rJ Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications I ---- No charges and ate (96 / Slinetum Print Name --- Qt�ny tpfCt 3IPage William Georghiou Agenda Item 38 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. William Georghiou Agenda Item 38 Page 13 STR VICINITY MAP WILLIAM GEORGHIOU — 3608 E. STRATFORD ROAD (31.E'-) rye - shore Drive --.? \---q--P `,. ' ti 0 k- 0Upont , %p 1 Short Term Rentals _l - Status pri v(e--- )Q Approved l 4'', • Denied ' 4 QUnder Revie;+: 0 Registered 1 Updated on 06-15-2021 Item # 38 William Georghious [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 3608 E. Stratford Road June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Okay, thank you. That was the last item on 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 Planning Commission support the applications and there are no speakers signed up in opposition.These include agenda item number 28 Dan&Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. 1 Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. 2 Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20,21,24,25,28,31,37,38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 6 NAY 0 ABS 1 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston _ AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 3608 East Stratford Road, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 4 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 Shore Drive c,_ Shore Driv� a- c--Shore-Drive ___ I i = Ora B2 I L, / ra LLJB4I 1 Lo C----1 B4 � co fi AG J L \RSD t:: ::) R5D leitC _____?----4 ,c,:=3, 4/ . 1 / i s).-e" t:5 ilklikt 1 R,5 D / 1 \ \ /7 n Andrew Broyles WW F //, Site 3604 E. Stratford Road s 1 Property Polygons nZoning Feet Building 0 1530 60 90 120 150 180 f� i___ s tsl CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: ANDREW BROYLES [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3604 E. Stratford Road (GPIN 1489583787). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 6,832 square-foot parcel zoned R-5D(SD) Residential District. The lot consists of one single-family home containing four bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or four spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a four-bedroom Short Term Rental is twelve; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 14, 2021 , Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This site is located within the community of Ocean Park, which consists of predominately single-family and duplex dwellings. The subject lot is zoned R- 5D(SD) Residential District, Shore Drive Overlay, which permits both single-family and duplex dwellings. In addition, the site lies approximately 530 feet from the public beach of the Chesapeake Bay. The applicant's parking plan shows all four required off-street parking spaces within an existing on-site driveway, which meets the criteria of Section 241.2(1) of the City Zoning Ordinance. Furthermore, the other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Andrew Broyles Page 2 of 3 • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 3604 East Stratford Road, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Andrew Broyles Page 3of3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: alk/BApplicant & Property Owner: Andrew Broyles Agenda Item Planning Commission Public Hearing:June 9, 2021 City Council Election District: Bayside 39 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner - Summer Peebles // Location 3604 E. Stratford Road Sl'arr4aR ct GPIN v— --) '‘ 1489583787 --------�� Site Size 3 E 6,832 square feet Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North •, Offices r k ". \a\ 1 • Townhouse style condominiums/ B-4 (Shore ,,, : a t Drive Overlay) Mixed Use P.- t I j " South Bar Harbor Wd ` it, w Single-family dwellings `Y r Duplex Dwellings/ R-5D (Shore Drive Overlay) F ' *' `' y Residential ` t., ' East V'- , a l \, Single-family dwellings/ R-5D (Shore Drive , x 1 ,,' - / , , . Overlay) Residential Sc• ` 4 ` ,T West • `I;. '" :,�4, ii5�.•�a r Townhouse style condominiums '% �'- 404.- � T � Duplex dwellings/ R-5D (Shore Drive Overlay) r56 b "tee\ "� Flit Residential & B-4 (Shore Drive Overlay) Mixed P_? .. Use �', �• . ' o 4 41 ,' Andrew Broyles Agenda Item 39 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,832 square foot parcel is zoned R-5D Residential. • According to City records,this 4-bedroom single family residence was constructed in 2002. • Staff inspected the site on April 13,2021 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; however, due to the property's proximity to the intersestion of East Stratford Road and Shore Drive, on street parking is limited, but any overflow parking beyond the minimum parking spaces required could occur within the public street. • Known Short Term Rental activity as of 05-17-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity ?'- Sarah _ -_= 4Shor_Ekiv --- --- t err STATUS Approved TAariim ri tee • Denied QIr, Q Under Review Q Registered Updated on May 14,2021 Andrew Broyles Agenda Item 39 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm:8-As recommended in condition# • Number of parking spaces required (1 space per bedroom required):4 • Number of parking spaces provided on-site:4 T- _ /1/ Harbor Way �- �! Zoning History�1' % # Request 1 CUP(Townhouse style condominium community) CQ:5r Approved 07/03/2012 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the community of Ocean Park, which consists primarily of single-family and duplex style dwellings. The subject lot is zoned R-5D Residential District (Shore Drive Overlay), which permits both single-family and duplex dwellings and sits approximately 350 feet from the Lynnhaven Bay. Four on-site parking spaces are accommodated with four spaces in the driveway and two parking spaces partially in the right-of-way. As the two spaces within the right-of-way do not block vehicular or pedestrian traffic, the Zoning Administrator has deemed this plan acceptable. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Andrew Broyles Agenda Item 39 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3604 East Stratford Road,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Andrew Broyles Agenda Item 39 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law,interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23,2021,and May 30, 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 May 24,2021. • 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27, 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 June 21, 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/citv-clerk/citv-council/Documents/BookmarkedAgenda.pdf on July 2, 2021. Andrew Broyles Agenda Item 39 Page 5 Site Layout & Parking Plan g'2.5'18 '� ` 11cr.'r0--,',,� �W> • N . ''\, TREE •, jT1�1`�. AS REQU R tip 8.3' E P' 5 .MI 6�' 69> O , )1/4 kti 7s; I I ram g'i STRY FR. �I,/MY Single- AO. • -� family Y 7-' A., � mtr1 �' c.,1 'dwelling (itI n co 8` s„ -4 parking ' •> ,g 1 .. co spaces I --x -2 spaces ° i 5 feet into if - __ •6:2' the right- -- li . 1 of-way 7Tv j -'Y ZI )( r s)66 a� A 3 r 4 19. 40'1 e----- East Stratford Road Andrew Broyles Agenda Item 39 Page 6 Site Photos .4 - r _ �:A A • ,ten, "' — - *�,` .w .ten . ... ... y � f t �+K r 4 C +r f5 t y, 4r t ..� A• -1 a E _ NCI Rl•mo ■,11111 WOMB tit., , - _ -,,,_- 4..._____- ...y--...-, Andrew Broyles Agenda Item 39 Page 7 Site Photos s i a,.: ' • --�- . .*: 11 - — _ — ----------------1' , :„..' .--.:-.7:.-,...i.". s t"F of oj SI • • I. -- 77.. J 11W1 Andrew Broyles Agenda Item 39 Page 8 Disclosure Statement Apr 26 21 08:13a Beth Gilbert 757-464-6439 p.2 Disclosure Statement ay 1v.gnw,s d, 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- AppPcant Disclosure Andrew Broyles Applicant Name — — Does the applicant have a representative? ®Yes III No ▪ If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?N Yes ® No • If yes,list the names of all officers,directors members trustees,etc.below. (Attach a list if necessary) Additions Andrew Broyles DBA Shell Homes and Shell GC • If yes,list the ousinesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A 1'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 2"Affiliated business 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 NO there is shared management a 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�fi'U1 1 Pay Andrew Broyles Agenda Item 39 Page 9 Disclosure Statement Apr 26 21 08:13a Betn G Ibert 757-464-6409 p.3 Disclosure Statement \13 Punning&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 of any proposes development contingent on the subject public action? Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? CiYes No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor fot cur-entand anticipated future sales of the subject property? IC 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 wits the subject of the application or any business operating or to be operated on the property?Di Yes II No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?D Yes II No • If yes,identify the firm or Individual provickng the service. 5. Is the'e any other pending or proposed purchaser of the subject property?®Yes ®No • If yes,identify the purchaser and purchaser's service providers I i/ 1 Andrew Broyles Agenda Item 39 Page 10 Disclosure Statement Apr 26 21 08 13a Beth Gilbe-t 757-464-6409 p.4 Disclosure Statement Manning&Community _..._�.._. Development IS. Does the applicant have a construction contractor in connection with the subject of the application or arty business operating or to be operated on the property?®Yes R No e If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?al Yes •No ▪ if yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated an the property?®Yes III No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature _-- —_- -- --- -�---_ Print Name and Tills Andrew Broyles Date _ � - --- - --- -Is the applicant also the owner of the subject property? is Yes ®No • if yes,you do not need to fill out the owner Cisaosure statement. FOR CITY USE ONLY/All disc'osures must be updated two(21 weeks prior to any Planning Commission and City Council meeting that pertains to the applications no lunges as of Dale ._,' Primmer LkMrvd 4 L+� _._ - I 3IPage Andrew Broyles Agenda Item 39 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Andrew Broyles Agenda Item 39 Page 12 STR VICINITY MAP ANDREW BROYLES — 3604 E. STRATFORD ROAD a6 1,,,, , --: sh $ow �_ . . ,_ Um —____\---------'• c p tit• f i e retror a aa- yy �� • Q� 6- e o7------ Short Term Rentals n), 7-- , ,),Status Approved Bay Drive ---)` 440 • Denied a14k 0 Under Review 0 Registered Updated on 06-15-2021 Item # 39 Andrew Broyles [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 3604 E. Stratford Road June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr.Wall: Okay,thank you.That was the last item on 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 Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan & Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles.Those were the last items on the short- term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. 1 Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. 2 Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20,21,24,25,28,31,37,38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 6 NAY 0 ABS 1 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 3604 East Stratford Road, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 3 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 4 plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 r // er 12 0 eet gth stir R5 R(N E�) C. J 80 \ \-_-.), ___ -----2190 \ i 1 \ \ \ ?) R5R -NE ', R=SR(NE) RSR(NEG��'` 'cl23, ?•to, C - \ CZ\ .0 _ .:1:. et. ...... 0• \,,,,, -7 4,•*'\ .'7.3 is R-5R(N \ R5 R(N.E) �� `� \ 1 1 Str\--A-,----ri--- \ \ \ eet c- , , (NE),, N M Site Kim Davenport w AINVO.E Property Polygons 8809 Atlantic Avenue, Units A & B s s nZoning Building Feet Parking Lot Drive Aisle 0 1530 60 90 120 150 180 f� �Sj AL., 4 _�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KIM DAVENPORT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 8809 Atlantic Avenue, Units A & B (GPIN 25105128360000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 6, 2021 ■ Background: This request was indefinitely deferred on June 1 , 2021 at the City Council public hearing. The deferral was requested to address the possibility of saving a tree from removal, which was originally proposed in order to make room for a future driveway. The applicant revised the driveway plan. The new plan will not require the removal of the tree. The applicant is requesting a Conditional Use Permit for Short Term Rental on a 4,668 square-foot parcel zoned R-5R(NE) Residential District (North End Overlay). The lot consists of one duplex building with each of the two units containing two bedrooms. Both units are part of this request and both units are owned by the applicant. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces for each unit (four spaces in all). The maximum occupancy for guests on-site after 11:00 p.m. for each two-bedroom Short Term Rental unit is six (12 in all); however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 10, 2021, Host Compliance shows the property as advertised for rent with a minimum 30 night stay. • Considerations: This site is located within the North End community, which is comprised of single- family and duplex-style dwellings. The subject property is within one block of the Atlantic Ocean and is adjacent to the entrance of Fort Story Military Base. When this duplex was constructed in 1969, two on-site parking spaces were required, one for each unit. At some point, both required on-site parking spaces were removed and replaced with decking and patio space. After eliminating the prescribed on-site spaces, a replacement parking area was created to serve this building. This replacement area, which is currently located along Atlantic Avenue, consists of a gravel surface placed within the City right-of-way. The removal of the Kim Davenport Page 2 of 4 required on-site parking spaces was done in violation of the City Zoning Ordinance by an unknown previous owner. Because Short Term Rental uses require one off- street parking space per bedroom, the applicant has proposed to correct the off- street parking deficiency by adding a new driveway and entryway apron, which has been reviewed and approved by.Public Works/Traffic Engineering. As allowed by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed and approved this proposal; and includes Conditions 3 and 4 are recommended to address the parking matter. The remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. One letter of support and one letter of opposition was received by Staff related to this request. The letter of opposition expressed concern relating to the removal of an existing tree to make room for the proposed driveway. The author of the letter feels the tree acts as a sound and vision buffer from the traffic entering Fort Story. In addition, the letter of opposition also stated concerns relating a perceived adverse effect on the character of the neighborhood if a Short Term Rental were allowed. • Recommendation: On April 14, 2021, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic Avenue, Units A & B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. Kim Davenport Page 3 of 4 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. Kim Davenport Page 4of4 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter(s) of Support (1) / Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department / City Manager: Applicant and Property Owner: Kim Davenport Agenda Items Planning Commission Public Hearing:April 14, 2021 19 & 20 City Council Election District: Lynnhaven ('at/of Virginia Beach Requests # 19-Conditional Use Permit(Short Term Rental)—Unit A #20-Conditional Use Permit (Short Term Rental)-Unit B /N1 \1"4. / J Qo ig e`a` t Staff Recommendation \....j , Approval Staff Planner William Miller ilb 1� Location 8809 Atlantic Avenue, Units A&B ss 3 1 GPIN ",, 60.-srel. \ 25105128360000 0 street Site Size 02nd sweet \ ' ' 4,668 square feet a 0100010 Existing Land Use and Zoning District Duplex dwelling/R-SR(NE) Residential Surrounding Land Uses and Zoning Districts North \ 89th Street v ,- .-,-,„„at,.. Military Base/Zoning not applicable i v` it South "` 1 Single-family dwelling/R-5R(NE) Residential -, < `" - ,' 'j� East `.1, A 3,, Duplex dwelling/R-5R(NE) Residential West r Atlantic Avenue ' i ,{ram., Single-family and duplex dwellings/R-5R(NE) ' , C� - ,�' , Residential of Kim Davenport Agenda Item 19&20 Page 1 Background & Summary of Proposal Site Conditions and History • This 4,668 square foot lot is zoned R-5R(NE) Residential District and contains one duplex building.The applicant owns both units within the duplex building. • According to City records,this duplex building was constructed in 1969 and each unit contains two bedrooms. • Staff inspected the site on March 2, 2021 to observe site conditions and take photographs for this report. • In 1969,the year this duplex was constructed,the City Zoning Ordinance required one off-street parking space per unit, or two spaces in this instance. In addition, parking space surface material was not regulated on properties containing one and two family dwellings. Consequently, compacted gravel was a popular choice for homes built during that era.At some point, both required on-site parking spaces were removed from the front of the subject property adjacent to 89th Street,where the decking and patio sit currently.Thereafter, parking for the property shifted to the city right-of-way along Atlantic Avenue, but again, it is unclear when this occurred. • As illustrated on the applicant's parking plan, a new driveway and apron is proposed for this property. • On-street parking is permitted 24-hours per day on a portion of the eastern side of the 8800 block of Atlantic Avenue. No on-street parking is permitted on the west side of Atlantic Avenue.Additionally, no on-street parking is permitted in the 100 block of 89th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of March 22,2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Unit A:Yes Unit A: Last 31-60 days Unit A:Yes Unit B:Yes Unit B: Last 61-120 days Unit B:Yes • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Kim Davenport Agenda Item 19&20 Page 2 Short Term Rentals in the Vicinity I' 0 AtuStrr 1 STATUS s �.� Approved 1111 11 ODenied ji : ,1 all Under Review .6U4 ' -_� 'at,-. O Registered { �1yr Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Unit A Unit B Number of bedrooms in the Short Term Rentals: 2 2 4-As 4-As Maximum number of guests permitted on the property after 11:00 pm: recommended recommended in condition in condition 17 17 Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided on-site: 0* 0* * It is the intent of the applicant to place a new driveway and apron as shown on the Site Layout and Parking Plan section of this Staff report. Conditions 3 &4 are recommended to address this matter. Kim Davenport Agenda Item 19&20 Page 3 L2 R-SR(NE) 0)44 No Zoning History found within the 0 boundaries of this map S RR( 4-5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This site is located within the North End community,which is primarily comprised of single-family and duplex-style dwellings.The subject property sits within one block of the Atlantic Ocean and is positioned adjacent to the entrance of Fort Story Military Base.When this duplex was constructed two on-site parking spaces were required,one for each unit. At some point, both required on-site parking spaces were removed and replaced with decking and patio space.After eliminating the prescribed on-site spaces, a replacement parking area was created to serve this building.This replacement area,which is currently located along Atlantic Avenue,consists of a gravel surface placed within the city right-of-way.The removal of the required on-site parking spaces was done in violation of the City Zoning Ordinance by an unknown previous owner. Because Short Term Rental uses require one off-street parking space per bedroom,the applicant has proposed to correct the off-street parking deficiency by adding a new driveway and entryway apron,which has been reviewed and approved by Public Work—Traffic Engineering. As allowed by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed and approved this proposal; however,conditions#3 and#4 are recommended to address the matter.The remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic Avenue, Units A& B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Kim Davenport Agenda Item 19&20 Page 4 3. As illustrated in the"Site Layout and Parking Plan"section of the Staff report,an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request.All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report.The proposed surface material type shall be concrete pavers, or a substitute material approved by the Zoning Administrator.The driveway addition shall be placed within 90-days of City Council approval. In addition,a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except one(1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. Kim Davenport Agenda Item 19&20 Page 5 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. One letter of support and one letter of opposition was received by Staff relating to this request. • 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 22, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20,2021 and June 27,2021. • 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 June 21, 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 July 2,2021. Kim Davenport Agenda Item 19& 20 Page 6 Site Layout & Parking Plan (Old Plan) Impervious Calm. Existing _ 3.113 Sq.i I. mpervious - (56.7%) Proposed __ 3,011 So.Ft. Impervious (64.5X) o Steps r°7 — 1/ r 1 j1 19—A . SIR I o�I <' I .'u /J •I g o / ...41 , .1::. ;.3 co ,` I I i o to 1 I ' Gravel 1 n ` l lY, 1> < S11 I ' �I l 01 rD 5' PUBLIC ,, DRAINAGE & I i rb UTILITY EASEMENT Deck to be peck Steps 0 Removed '.— (4) 9'x18' co Proposed Parking Spaces 13Cv---,ev • Proposed 2 a concrete paver 4 Tree to drivewayand '/l26'P a be Removed �—_0. 75'Cedcr One tree will be removed driveway apron 10 „I 1i2ecedor and two will be saved / 88th Street 9' x 18' parking space LKim Davenport Agenda Item 19 & 20 Page 7 Site Layout & Parking Plan (New Plan) 1 — ni, 7 f N si,.. 7/ I s 2 4 ,- ,,_ we a I ET- rD Deck to be eft C Removed rp (4) 9'x18' 1 ilk.* Proposed 1 Parking Spaces . 3' Proposed 2 4 4a.4bi concrete paver driveway and Tree to Remoin driveway apron .,- ti,, ;roes Pod * ',,tcu' N Park ./ (Cir ' U" kia Cda. £x;st;rg _ 4.113 Soft. f -~'peroous (66 7.) Proposed . 3.113 Impervious (66. 89th Street 9' x 18' parking space Kim Davenport Agenda Item 19 & 20 Page 8 6 aSed OZ '8 6T wall epue v Joduane4 W!)I Z Si 1111.VP. Y ., '.� • �.:tom' . y \ yk �J .. \\". `� _ya " ,. .' !� I - _ i soloyd ails Site Photos # -6 �. , ✓ f ar :, 1, `•i srK IL: _ ; Atiantici ` � v t'It1 : . enue_ • _r O -. — 89th Street . Proposed Driveway location (approved by Public Works) gr,.,.,... ...0. ,,...... _. , ,. . . .,..,...4 1 • Kim Davenport Agenda Item 19 & 20 Page 10 Disclosure Statement Disclosure Statement Planning&Community - . - Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Kim Davenport Does the applicant have a representative? ❑Yes ❑ No • If yes,list the name of the representative. Attorney Jeff Haughney of VA Law Group Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes a No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "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 Govemment Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 .' . Kim Davenport Agenda Item 19 & 20 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?0 Yes NE No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1, Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes K No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes • No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes * No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E 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 IF No • If yes,identify the purchaser and purchaser's service providers. 2I . Kim Davenport Agenda Item 19 & 20 Page 12 Disclosure Statement Disclosure Statement Ni13 4 rM,;j le Vrau istss�. Planning&Community - ., Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes *No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 111 No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that 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. . U✓l _ Applicant Signature Kim Davenport,owner Print Name and Title 2 November 2020 Date Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ N•denimasaf Date 06.16.2021 signiture Vl1i lam//Miter Print Name William Miller 31 Kim Davenport Agenda Item 19 & 20 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Kim Davenport Agenda Item 19 & 20 Page 14 STR VICINITY MAP KIM DAVENPORT— 8809 ATLANTIC AVENUE UNITS A & B I \,, i v( n rig*: -illtr-- AA If -;,' Short Term Rentals 11\; tII tteet ea 1%2 Status ,�,� s eet C eQ 1 0 Denied 06 01VO 0 C Under 7<e, e.. tl* 0�" w �eJisiered Updated on 06-15-2021 Items # 19 & 20 Kim Davenport [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 8809 Atlantic Avenue, Units A&B April 14, 2021 RECOMMENDED FOR DENIAL— HEARD Mr. Weiner: Thank you. Right, we're on to short-term rentals, 19 and 20. Madam Clerk: Okay, our next agenda items are 19 and 20. Kim Davenport, an application for a Conditional Use Permit, Short-Term Rental on property located at 8809 Atlantic Avenue, Units A and B in the Lynnhaven District. Mr. Weiner: Welcome, sir. Please state your name for the record. Mr. Davenport: Kim Davenport. Mr. Weiner: Okay. Mr. Davenport: I'd like -- good afternoon to the members of the Planning Commission. I appreciate the time you give us to have our input on these subjects. I'm here today to hopefully convince the Virginia Beach Planning Commission to recommend my Atlantic Avenue residence for a Conditional Use Permit to allow Short-Term Rentals. My wife Jeanie and I bought the 8809 Atlantic Avenue in late 2018 to use as a rental, and hopefully one day be able to afford to make the north end property our permanent residence. The property is a duplex with the size, location and layout suited as a vacation type cottage. It was on the market for four months with no buyers. Prospective owners did not find it financially viable or didn't want to put the time and money in for repairs and upgrades it needed and the lot was not big enough to make a financial profit by raising the cottage and making it a three-story monolithic monstrosity duplex. This was fortunate for myself and my wife, as we love the property as it is with its old-fashioned charm. We would never invest in a property that we would not love to live in as our own residence. When we purchased the residence, it was unoccupied, rundown and in disrepair. We spent the next six months renovating, landscaping and furnishing the property to restore it to its original intended use as a beach cottage. We intended initially to keep it as a monthly rental but found it was more suitable for a weekly rental. Each unit is a very small two-bedroom one-and-a-half bath with fireplace and a very small lot with no real yard to speak of. It was built to be used as a summer cottage with both units sharing a common laundry room. Each duplex is 900 square foot, can accommodate a family of four, maybe six with pre-teenage children. The back unit has a small deck that is completely enclosed with the six-foot privacy fence. 1 The front unit has a little more outdoor area, but still has a small deck enclosed by a continuation of the six-foot privacy fence, followed by a 20-foot length of a small picket fence to 89th Street. Once zoning approves the parking spots to put in, the outdoor area will be reduced further and the patio will be more of a walkway. On the other side of the property from the six-foot privacy fence is Atlantic Avenue with no adjacent neighbors. The point I'm trying to stress is that there is no space available both for outdoor activities of any size, and since we have owned the property there have been no social gatherings or outdoor events except the family meal or enjoying an adult beverage on the picnic table.To my knowledge to date, there have been no complaints from any neighbor for any reason. But in fact, we have been repeatedly told by the neighbor that the vacation renters we were renting to are always pleasant and considerate. As to parking issues, there have never been any complaints or violations. As a short-term family rental, most occupants have one car, on occasion maybe two. When we put in the recently zoned approval for brick paver parking spots on the 89th Street side, we will actually increase the neighborhood parking by freeing up the four spots on the Atlantic Avenue easement we currently use for parking. This can be seen on the site plan submitted with my CUP application. The research and investigation into understanding the parking issues is one of the reasons I was late in filing for my CUP. I've learned a valuable lesson that if I ever attempt to buy a residence in an older neighborhood again,that I make sure the perceived parking spots that are shown on the site plan --that I make sure that perceived parking spots are shown on the site plan and within the boundaries of the purchased property. The renters move the trash receptacles to the street on the trash pickup day and then back to the side of the property afterwards. If they don't do it, our cleaners do. If our cleaners don't do it, then Jeanie or myself will drive down to the property and move them. We have security cameras and monitor them carefully for the safety of our renters and security of the property when not occupied. Again,we have never heard or seen of any issues except an occasional lockout or a renter unable to open a key box. We do not allow pets as there -- so there are no barking dogs to annoy the neighbors. Before I was aware of the Short-Term Rental CUP requirements,we did do some summer rentals in 2020. I had submitted a list of those for you to review so you have an understanding of the type of people and renters who use the property. The overwhelming number of them were small families, as you can see; they are grateful and impressed with the natural beauty, quaintness and charm of the North End and it is for this reason they prefer the location as opposed to the crowds and the noise of the resort area. There is no difference between the residence being owner-occupied or visitor-vacation rental occupied. Both have cars, both used in the neighborhood for transportation and for using local parking spots. So, the traffic is the same. Both have occupants. So, the number of residents in the neighborhood are the same. Both use the beaches, trails, bike paths, outdoor activity, so the outdoor activities are the same. One difference is that an owner-occupied property will not give Virginia Beach the benefit of the lodging tax revenue. Another difference is with the Short-Term 2 Rental you have a new family each week enjoying the North End Virginia Beach experience for the beauty of the beach, creating new once-in-a-lifetime family memories by enjoying the North End Maritime Forest and the Atlantic Ocean Beach, First Landing State Park, biking trails, local sites and enjoying local restaurants. If the Civic League did not want a Short-Term Rental, I'm sure it wouldn't prefer a long-term group house rental by a dozen group friends staying there over the summer.This would not be overseen and managed as well as a Short-Term Rental. I myself and a group of friends did a short rental when I was younger, and I would never do this to my property or to my neighbors. If the property is not available for the Short-Term Rental, then will most likely alternative as a monthly to annual rental. There is no -- for which there would be no Virginia lodging tax revenue. And it would probably be rented to a younger non-married individual and be susceptible to non-tenant overnight stays and parties with their friends. If the tenant turned out to be bad and created the type of neighborhood disturbances the civic league is concerned with, then it would take three months to evict them, if at all. The advantage of the Short-Term Rental is the risk is with the owner of losing the Conditional Use Permit, and the owner must be extra vigilant and proactive to make sure the laws are complied with and the guests are managed. About a month ago, there was a justifiable outcry from the neighbors and from the speakers at the different Commission sessions for a three-day all-night party and a discharge of a firearm that took place about a month ago. However, I believe the blame and perpetrator of this incident directed at illegal Short-Term Rental was not justifiable. As I understand, the residence was not a legally permitted Short-Term Rental and was in fact was a rogue resident owner allowing this rude and unacceptable behavior. If it was a legally permitted Short-Term Rental, the owner would never have allowed it knowing their permit would be revoked.And if I'm wrong, and it was a legal CUP Short-Term Rental, I would be the first to insist that the CUP is revoked. Mr. Weiner: Any questions? Yeah, you have a question. Ms. Klein: I saw that your application was submitted early November of 2020. When did you discontinue your short-term rentals? Mr. Davenport: It was at that time. Ms. Klein: Okay, so no rentals after November 2020. Mr. Davenport: Correct. When I started, I was -- I registered with the business revenue thinking that was all I needed to do because it was an application for a Short-Term Rental. Over time and trying to keep up with the laws I found out I was mistaken. So, we filed the application. We cancelled all future rentals and returned their deposits and since then I have rented to long-term renters. And I've had family and friends and myself use the residence. 3 Ms. Klein: Thank you. Mr. Tajan, we are engaged in an ongoing conversation with the Commissioner of Revenue to make sure that they share that information with registrants, right? Mr. Tajan: Yes. We do the best we can to share the information as much as possible. Mr. Davenport: It's well-documented. You say it on all of your applications. So once the application is submitted-- Mr. Weiner: Sure. Hold on one second. Let Mr. -- Mr. Tajan: We do our best to make sure we relay the information. Again, a lot of people have been submitting things online. But, yes, we have been in constant discussion and review with the Commissioner of Revenue to make sure that we're sharing that information. Ms. Klein: Is it possible to get something added to the Commissioner of Revenue application? Would that be an option if they're doing it online? Mr. Tajan: We can ask. We will ask. Ms. Klein: Thank you. Mr. Tajan: So, any business license, well -- Mr. Weiner: Any comment? Mr. Tajan: There is a -- Ms. Eisenberg: No, I was just going to say we can't force them to do that. Bobby is right, we can just ask nicely. Mr. Weiner: I like that. Mr. Tajan: There is a -- again, typically if they're getting their business license, they are required to get Zoning approval, which is how we catch a number of these as well. It is different if they are just registering to pay the amount. That means they're probably represented by a Real Estate Company and so they typically just register them and take the money so -- Ms. Oliver: Sir, did you go down in person to the Commissioner of Revenue's office to register? Mr. Davenport: No, I did not. Ms. Oliver: You did not. Okay. Couple of questions I have for you, sir, is when you were renting short-term you rented it, according to all your letters, at least 64 times, which is --that's a quite a bit, including your cleaning lady, who said, you know -- and they're all great reviews, obviously but there's 64 reviews, which means that you've rented at 64 separate times. 4 And being that the -- and I've noticed that you mentioned the North End Civic League, the North End Civic League is pretty loud Civic League, and they do put out a newsletter and an email and they collect dues. And so, I've just -- it's interesting to me that you didn't -- during this time that you've owned this property and have been renting it all, all along that you were unaware that you needed a CUP because that Civic League is quite... Mr. Davenport: I was never notified by anyone. I talked to my neighbors, they -- I have one adjacent neighbor who I talk to on a regular basis. They did not mention it. I did not hear it from the Civic League. Ms. Oliver: Well, the Civic League is not going to reach out to you, but the Civic League -- that Civic League, specifically, is very large,very loud, and it communicates very well with pretty much everybody there. They put fliers in the mailboxes. I mean, that's a significant... Mr. Davenport: I can't speak for that. I know I was not contacted. And this was over a period of late 2019-2020. Mr. Weiner: Any more questions? All right, thank you sir. I don't think there are any more speakers, correct? Mr. Davenport: Thank you for your time. Mr. Weiner: Thank you. We're going to close this and open up for discussion. We don't have a Lynnhaven representative, who is closest to Lynnhaven Beach? Ms. Oliver: I'll start it. I'm familiar with this street just because my grandparents lived on this street, pretty much all my life. There's no parking on the street whatsoever or around the corner or on the ocean side of this street at all. And I just have a problem with somebody that's -- he's been operating for— well he bought it in 2018. Started renting at -- and he's rented it a lot. And he's short on his parking to boot. And so, I just have -- I can't. I'm not going to support this application. But that's where I am. Mr. Weiner: Anyone else? Jack? Turn your mic on. Mr. Tajan: It's just for staff and it's the map update on 03-11-2021. It's just a formality. But before -- if it goes to Council, I think that blue dots supposed to be a yellow -- you know, that because it's showing as registered. Or maybe that is right. That is the problem, is that it is registered as -- that is correct. Okay. Yep, got it. Okay, thanks. Mr. Weiner: Any other comments? I'm going to make one because I'm the one that actually brought this up, that I couldn't support this. And the sign has been up for a long time and I've ridden by it quite a few times, and I actually walked around at one time and waiting for the staff report to come out. I couldn't -- I didn't know where anybody was going to park because there's no parking. And when I read the staff report, they're going to cut trees down to make a driveway. 5 You know how I feel about pouring concrete for driveways; I definitely cannot support cutting trees down for a driveway. So, I'm not going to support this one either. Mr. Weiner: So, anybody want to make a motion? I'm sorry. I need a motion. Ms. Oliver: I'll make a motion to deny. Mr. Weiner: I'm sorry. No, no, sir don't -- Ms. Oliver: Make a motion to deny Application Agenda Item Number 19 and 20. Mr. Weiner: Anybody going to second it? Mr. Alcaraz: Second. Mr. Weiner: We have a second. We have motion by Mrs. Oliver and seconded by Mr. Alcaraz Mr. Alcaraz: Yes. Madam Clerk: The motion is to deny the application. Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham is absent. 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? 6 Mr. Wall: Aye. Madam Clerk: Chairman, Weiner? Mr. Weiner: Aye. Madam Clerk: By a recorded vote of eight in favor, zero against, Agenda Items 19 and 20 have been denied. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic Avenue, Units A& B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in 7 writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 8 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 9 From: )im Gresock To: William N.Miller Subject: Proposed Overlay District for North End for Short Term Rentals and Conditional Use Permit Request For STR At 8809 Atlantic Ave,Va Beach Date: Thursday,March 11,2021 11:15:23 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Will Miller, As a follow up to your recent voicemail message on STR matters you handle for the City,we own property at 118 89th street which is part of duplex with 116 89th street.We are situated just off Atlantic Ave on south side of street.Fort Story is immediately north of us. Our neighbor at 8809 Atlantic Ave is seeking a conditional use permit for STR.Notification signs have been posted on the property.We have advised owners,Kim and Jeanie Davenport that we could not support their request as we feel STR use would adversely affect the residential character of our neighborhood and the enjoyment our family has experienced for the past fifteen years. It is our understanding that the City will require Davenports to relocate the parking they currently have along Atlantic Ave to the north side of the property with access from 89th street.This will require the removal of mature trees that have been a landmark for the neighborhood providing a visual and sound buffer from traffic on Atlantic Ave especially at peak hours at Fort Story Gate. St.The residential character of the North End warrants protection and enhancement.The current effort to amend the City Zoning Ordinance pertaining to Short Term Rentals in the City and the subject Conditional Use Permit Request puts the quality and character of our property and North End area in jeopardy.Please feel free to contact us. Best regards, Jim and Gail Gresock Cell#804/938-5075 Email:mlgresock @aol.com _ r February 14, 2021 To: City of Virginia Beach, Planning Department,Zoning Administration and City Council Regarding: Short Term Rental of 8809 A& B Atlantic Avenue Kim &Jeanie Davenport • Our residence is 8djacent to Kim&Jeanie's above mentioned residence. We have no objection to their operating a Short-Term Rental from your residence as long as it is in complacence with the Virginia Beach City Council approved guidelines and policies. Rega ds, S .4/3 t\f1LLl14MS • RS;R(NE) SjØ R5R(NE-�) ` R5Rg \ / - 0 c' 6 \ - \ R5R(NE) \:),o O V.: :\ CH1 0 CA \\ 6s-ith Na I o. \ r+ \ \ - R 5 R(N E) \kii R5R(`NE) "� b\ 'c , U -0 -' ' \ \ ii; m `\ 1th Street R\S,R(N E) m/ H1 f H1 RvR(NE) N Dan & Sara Bailey W-i41bE ® Site 103 57th Street, Unit A No, Property Polygons =Zoning Feet Building 0 1530 60 90 120 150 180 „ ' Fps �y 0 4 ., .?, ..,,, ,z.„,„,.._ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAN & SARA BAILEY [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 103 57th Street, Unit A (GPIN 24198131000001). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 6, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 7,500 square-foot parcel zoned R-5R(NE) Residential District(North End Overlay). The lot consists of one duplex building with the subject unit containing three bedrooms. Only one unit is owned by the applicant, Unit A. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental unit is nine; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 10, 2021, Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This site is located within the North End community, which is a mix of single-family and duplex-style dwellings. The subject property is 75 feet west of the 57th Street Atlantic Ocean public beach access, is within easy biking distance to the oceanfront boardwalk and other resort venues and is adjacent to an existing hotel. The applicant's parking plan depicts all three required off-street parking spaces within the existing driveway, which meets the requirements of Section 241.2(1)the City Zoning Ordinance. In addition, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. One letter of concern and one letter of opposition was received by Staff related to this request. The author of the letter of concern stated that they are not"proponents of Short Term Rentals as the City has proposed and approved;” however, they did not object to the applicant renting the home once a week. The opposition letter Dan & Sara Bailey Page 2 of 4 noted objections based on a perceived decline in quality of life as a result of the Short Term Rental use. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 103 57th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Dan & Sara Bailey Page 3of4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report & Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of concern (1) / Letter of opposition (1 received after the Planning Commission hearing) Dan & Sara Bailey Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 0 Submitting Department/Agency: Planning Department , City Manager: x( Applicants & Property Owners: Dan & Sara Bailey Agenda Item Planning Commission Public Hearing:June 9, 2021 City Council Election District: Lynnhaven 28 cu,r,,1. Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation 1 Approval Ilir Staff Planner ' 1111 William Miller 1.0.1 Location 4 103 57th Street, Unit Apt GPIN .► 11 - a• 24198131000001 1i. sows` wit 011i Site Size ows"53°S�,ea, 7,500 square feet Bvd � a 0^ - s15151`eat,Svea- Existing Land Use and Zoning District Single-family dwellings/R-5R Residential(North End Overlay) Surrounding Land Uses and Zoning Districts North 57th 1/2 Street t< '` Single-family and duplex dwellings/R-5R ; f ,- Residential(North End Overlay) South 57th Street ', " a` 411 ,yu .. Hotel/H-1 Hotel ; East t # Beach club—Cabanas /H-1 Hotel , a " ""' x West Single-family and duplex dwellings/R-5R ` ' . - s ' Residential(North End Overlay) q ` Dan &Sara Bailey Agenda Item 28 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,500 square foot lot is located within the R-5R(NE) Residential District and contains two single-family dwellings; however,the applicant only owns Unit A. • According to City records, Unit A was constructed in 1935 and contains three bedrooms. • Staff inspected the site on April 13, 2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on the north side of 57th Street, but is permitted on the south side; therefore,any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • According to the applicant and a neighbor of the applicant,this property was used for Short-Term Rental purposes prior to July 1,2018; however,the applicant and staff was unable to obtain documentation proving grandfather status in accordance with the City Zoning Ordinance. Consequently,a Conditional Use Permit is required. • Known Short Term Rental activity as of May 19, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Dan &Sara Bailey Agenda Item 28 Page 2 Short Term Rentals in the Vicinity et 620dst� _0 6lststteet t_ 111 k 1 O 56th1. to stte t "�liir 54-0 tteet =, S1 i. et, „ 3 y � 57i . 0!••••cv . " „ 0 - ".yiti 5t kt,t STATUS •114 e O Approved ' stliS •t s_A • Denied ,' '111111.* et Q Under Rewew W '•.t ��y r O Registered • t 1 Updated on May 14, 2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 Dan & Sara Bailey Agenda Item 28 Page 3 •SR(l ) g` Zoning History # Request !sew 1 NON(Cabana replacements)Approved 02/12/2013 / t'. 2 CUP(Cell tower)Approved 11/08/1994 CUP(Cell tower)Approved 01/23/1996 CUP(Cell Tower)Approved 09/10/1996 • i 3 CUP(Cell tower)Approved 11/08/1994 CUP(Cell tower)Approved 01/23/1996 _ CUP(Cell Tower)Approved 09/10/1996 ��hSa�y�' Ht 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the North End community,which is primarily home to single-family and duplex style dwellings. The subject property sits 75 feet west of the 57th Street Atlantic Ocean public beach access, is within easy biking distance to the oceanfront boardwalk and other resort venues and is adjacent to an existing hotel.The applicant's parking plan depicts all three required off-street parking spaces within the existing driveway,which meets the requirements of Section 241.2(1)the City Zoning Ordinance. In addition,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below.These recommended conditions reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 103 57th Street, Unit A,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. Dan &Sara Bailey Agenda Item 28 Page 4 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes 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. Dan &Sara Bailey Agenda Item 28 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of concern was received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021,and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27,2021. • 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 June 21, 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 July 2, 2021. Dan &Sara Bailey Agenda Item 28 Page 6 Site Layout & Parking Plan 57 % Street i/?J�� , \ Parking for Unit B \� N T�, •�, \ ,... a, m\ \ comet l ,,,,o b \ LEGEND .,� �♦ a co 1Z Area Comprising Un(i1 O \y�j N $ „� 4 ® Area Comprising Unit .8 \ In 12 4 a /' "\i 4 \' ❑ Common 4roo It u\ 12 s E, 4\ 9' x 18' parking area o.\\\ Neighbor's s3 • 11Pc driveway runners Q y; 1`//v; Tiy, 71 1p ;,1R. -R D., N • / ..-- Existing concrete driveway / ''�� 1 2 (Unit A area) l` / / / 3 Asphalt 57th Street Dan & Sara Bailey Agenda Item 28 Page 7 Site Photos ' �'I_ , r I III _ 1119.*'I • ; , 2 M1 • * i`�"T. :'ate. . ... ._ 103 57th Street, Unit A ,- Dan &Sara Bailey Agenda Item 28 Page 8 Site Photos . • : al • I Ili iT• { � .cue q�: - �X+ I111 I , `r •� �= 3 Dan &Sara Bailey Agenda Item 28 Page 9 Disclosure Statement Disclosure Statement Gwyn 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 Dan&Sara Bailey Does the applicant have a representative? O Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?O Yes Si 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 Confl ct of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 l Dan &Sara Bailey Agenda Item 28 Page 10 Disclosure Statement Disclosure Statement 113 rrvqf Virginia Bead: 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 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-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. Planet Home Lending provides mortgage service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I 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?D 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 E No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 l Dan &Sara Bailey Agenda Item 28 Page 11 Disclosure Statement Disclosure Statement Mr3 Ctly Jt5rio b•r Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 • No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature 4Jfg2.— &Lai Sara Cal(u Balk Print Name nd Title / 2-5 z 3 I Zq�ZdLI — Date Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting` that pertains to the applications 77 El No changes as of Date 06.15.2021 signature t Vi V 11.UAXINYV aLe,I Print Name I William Miller Revised 11.09.2020 3 Dan &Sara Bailey Agenda Item 28 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. Dan&Sara Bailey Agenda Item 28 Page 13 STR VICINITY MAP DAN & SARA BAILEY — 103 57TH STREET UNIT A U�'-- neet __ 2r 1 .01 sd Ost tCeet 1 eli\-\--t- d t 4Qtr � S r J ::": 101101114 - -:- / t eet t 1 ;. `0 .,..3 -p� 2, -- tr .4 Wt t� ' th N3 e 1 • Short Term Rentals • Status �_55 ` tree *get C, A.PF'_ved __ 54t 3 ,- • 1 0 Je'lled ll ti t 0 Under Re,le,, to ! Registered t \_,-)1- \-\;_ Updated on 06-15-2021 Item # 28 Dan & Sara Bailey [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) 103 57' Street Unit A June 9, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Okay, thank you. That was the last item on 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 Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan & Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles.Those were the last items on the short- term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. 1 Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. 2 Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20,21,24,25,28, 31, 37,38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 6 NAY 0 ABS 1 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 103 57th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 3 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 4 plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 From: ncoarkerfamilvftmail.com To: William N.Miller Subject: CUP Request from 103 57th Street,Dan&Sara Bailey Date: Wednesday,April 28,2021 3:13:17 PM Attachments: Bailey CUP STR letter.odf CAUTION:This This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Will: I am writing concerning the above request of our new neighbors,the Baileys, at 103 57th Street, Virginia Beach,VA 23451. I own the property at 105 57th Street. They are asking for my support in their request for approval of a CUP for STR of their property. While that property has been rented on a weekly basis by past owners, I am not a proponent of STR as the City has proposed and approved. I am OK with One (1) rental per week as is traditional during the summer and usually is from Saturday to Saturday. My position is more in line with the North Virginia Beach Civic League (NVBCL). I have only met Mrs. Bailey briefly and therefore do not know them well enough to sign their request in agreement to their CUP/STR application. I do not intend to fill out this letter or return it to them, although it neighborly to inform the adjacent property owner(s). Attached is the letter the Baileys left in my mailbox which briefly explains their intentions, but in no way promises just one rental per week. I do not want to check the "I object" box either as that is not my intention to object to their ability to have one rental per week; if that is their intention and long term commitment. If you need to discuss this, please call or email me with any questions. Thank you for reviewing my concerns. Best regards, Michael Parker, owner of 105 57th Street,Virginia Beach,VA 23451 From: Hoa N. Dao To: William N.Miller Subject: RN:Conditional use permit for 103 57th st unit A Date: Monday,June 21,2021 2:31:35 PM Sincerely, Hoa N.Dao Current Planning Manager/Planning Evaluation Coordinator r hDao@VBGov.com (757.385.4298 ----Original Message From:marie Reese<stella.dora46@gmail.com> Sent:Monday,June 21,2021 12:09 PM To:Hoa N.Dao<HDao@vbgov.com> Cc:Bob M.Dyer<BDyer@vbgov.com> Subject:Conditional use permit for 103 57th st unit A CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear sirs, I am a full time resident and owner of the property that is adjacent to 103 57th St unit A. I am AGAINST the conditional use permit turning that property to a short term rental.The quality of life on this street will change forever I have lived here for many years and cherish the North End neighborhood. Regards, Marie Reese 5701 Ocean Front Ave Virginia Beach,VA 23451 Sent from my iPad iii OR -""----- .."--- „„, is IR\ to- wpm-- . OR -Street R W 20�h 1�� o QQQ0,, ,- QG 0 OR __\____,_3 ___ ,, � „..., 0, \ CD \ \ CD ?31 \ , *Z \ V2_---3 'IA: °00 OR0 / '' i CD 1 Q , OR ,lii ! i l ' t 94.n ' - , Q . 19th Street �/1 O R �, � \ AIQ:\ �' treet C.z _ __ „co ?...7. 7. D OR Q co _.. 1g S eet th tr t C.77, ;\ .\ _, R: lgth Stree ,1 � � �= OR flCD OR OR .�e OR ililla N. ® Site Todd E. Sweigart W.Ah•E Property Polygons 507 19th Street s s nZoning Building Feet Parking Lot Drive Aisle 0 2040 80 120 160 200 240 ,,, ..._,..„.,,, f�[ ,,,,,,,,,„:„,,, , 1 ,u S, ..„ ..,,„.::::::, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: TODD E. SWEIGART [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 507 19th Street (GPIN 24270705750000). COUNCIL DISTRICT — BEACH MEETING DATE: July 6, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 7,000 square-foot parcel zoned A-12(OB) Apartment District (Old Beach Overlay). The lot consists of one single-family home containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 28, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: The site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. In addition, the property lies approximately 1 ,900 feet, or .3 miles, from the public beach of the Atlantic Ocean. The applicant's parking plan depicts three required off-street parking spaces, all in the existing concrete and gravel driveway located to the rear of the home. A vehicle access ingress/egress easement straddles the property line separating 505 and 507 19th Street. This access point is used as a travel path to the rear yard parking behind both homes. In this instance, the applicant owns both properties, 505 and 507 19th Street. As a result, he retains solitary control over the existing deeded access. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. In addition, the requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant Todd E. Sweigart Page 2 of 4 Further details pertaining to the application are provided in the attached Staff Report. 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 7-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 507 19th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and Todd E. Sweigart Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Todd E. Sweigart Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 0 Submitting Department/Agency: Planning Department City Manager: M Applicant & Property Owner: Todd E. Sweigart Agenda Item Planning Commission Public Hearing: May 12, 2021 City Council Election District: Beach 15 (rill u( Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation —i: - —r 1"06,- \ Approval „�.N $ 6,wH"'°e` Ott 95 ` 1 Staff Planner i _.as;',, William Miller �43,,, •e` n r 1,, o A Street < • iii Location - j 20 4- 2;,,st`•• '._ 507 19th Street � • y` G PI N tsth�Qet •1111 Asioi 10 \ , pros 24270705750000 At Cl_i' — Site Size! 9 0111111111111111111 = s "" stte•C 7,000 square feet • . ,Sth st i 14th$Uee ,30 sV eet I.\'' t20h"" ,,t Existing Land Use and Zoning District € -'" '`� ?,►"$" Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Single-family dwellings/OR Oceanfront Resort ta. 111 South - 19th Street . Single-family dwellings/OR Oceanfront Resort 'a East Single-family dwellings/OR Oceanfront Resort West �` i, 1►{ Single-family dwellings/OR Oceanfront Resort _ £Y" i b of- . -,,-; \ ., veilig, ... ,...,. --;,„,... , ,,,,,. .. _._ ..,... es 1.- '..`—: -,..,-.;,,,04 . 4 e Todd E. Sweigart Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,000 square foot lot is zoned OR Oceanfront Resort District and contains one single-family dwelling. The applicant also owns both single-family homes on either side of this parcel (505 and 509 19th Street). • According to City records,this three-bedroom home was constructed in 1945. • Staff inspected the site on March 2, 2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. • Known Short Term Rental activity as of April 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity _L^_t i-Sui B . i , tie ,� • S�y} 23rd sreet 1 +i t 1 >1 �' N t � OS < \ J Irt �l St �� , � `r t Z h „Bet .Lei O_ t 'ref t ree L�� — 1 C-\- - fta'��-\ 'O',S �� 4 i A- _n1;;': h 0 ev rove (� _ - { ..-rtfr \ Updated on April 12, 2021 Todd E. Sweigart Agenda Item 15 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required):3 • Number of parking spaces provided on-site:3 OR ©11111 Zoning History # Request j� , . 1 NON(Expansion of a nonconformity when under the dopL ry" previous RT-3 Zoning)Approved 04/27/1993 oA •' Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariance STR—Short Term Rental Evaluation & Recommendation The site is located within the ViBe Creative District,which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. In addition,the property lies approximately 1,900 feet, or.3 miles,from the public beach of the Atlantic Ocean.The applicant's parking plan depicts three required off-street parking spaces, all in the existing concrete and gravel driveway located to the rear of the home.A vehicle access ingress/egress easement straddles the property line separating 505 and 507 19th Street.This access point is used as a travel path to the rear yard parking behind both homes. In this instance,the applicant owns both properties,505 and 507 19th Street. As a result, he retains solitary control over the existing deeded access.As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. In addition,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Todd E.Sweigart Agenda Item 15 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 507 19th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Todd E. Sweigart Agenda Item 15 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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,June 20,2021 and June 27, 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 June 21,2021 • 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 July 2,2021. Todd E.Sweigart Agenda Item 15 Page 5 Site Layout & Parking Plan N N it * PIPE(F) 0.8' IN 9' x18' Shed j1 -6 WOOD parking space FENCE 1 ill...._ j o 2.8' IN 0 LOT 5 0 11 / Existing compacted gravel WO/DFRAEQ ME • SH 0 3.6'. 19.6' 3,2'~v •, 6.6 1 STORY :": :� 4-The western 4.1-feet of , FRAME N : • 507 lot #5 contains an 3.0' ingress/egress N� easement for use by lot 33.3' #7 (DB 680 / PG 172) :ig..- ' 10 1 ' '4. 7.: .. .. .. ., ;_:, i• ..• .. .. •3H(S) 50.00' 79TH STREET (80' R/1'Y) POR4 ERL Y KEST NIRGINIA A PENUE Todd E. Sweigart Agenda Item 15 Page 6 Site Photos ..:„,.,-. . „.. . .... , iF . r , ....._ - --i_itit- 1 I A 2,5 OA- — t. 4, ".:•.' i , .. • ' , , ... • .,. , •,,,,, _ _.,. ....,_......:-9,-— _........ ,... ......... ._ __ .."- --......--... .--'".....A.......74.,:. If 507 __ reet • ., ° 7..mr,-------- - ----------.-.. -.- .,- ', 0,-,, '. '-' .: 71,0:r ,• ; , t .., ti...•. . - - t .---- 4;:-.....c.Slir , - *..`-' ' ' - • ,'.4t - ,'----1-1--..--4- ... . _ .., , , _..... ....„,r -------,.., . , -401.1=21111011111111011°11.11111"--- _ __ Todd E. Sweigart Agenda Item 15 Page 7 Site Photos .t p. .11•.k. ':;•T 7"..TT:T:a. 'T ,T 1. I 114-*..• i . ..N S 1!93 I ..,..., •...... ....,=.-.71 -.47/Adali . ..• .,-•..- 1111' 1, - .. ..,-^ -;--- -- . . -. , - - -.F. 11111111111.1.11M1M....,.. Alt Illat--' , i.t. h. i_-'4,v,,,,,,, •(!N,: , 0""^4......,.. KA.; •. ,. ' • . ,,,,,, Air I E , • • -•-r-••,.- -.111P---.---0.. '17'- . ' .2',2"-•.--- .,:.--,..•:-!...r..,-"-'.,' -. .:::--.. . •.-;.---:,-'.. 111Ill . 4thrar--164.19 7 , -Ail, , yippr, . , - , ,...,-mr.----•#.I." A ',.e „TT:L.„.. _ , • v.,,,_!..,--•- .. - • -,Aill'ee". .-:: • . . ... ._ ,. 4 - . •.-' - IIII ...- , - 11 .. ....- ...,,-- -- 1 0- ----- • .4.#, .. 1 ' ,••,.-- .# ••,-- _: ,--:, - - Todd E. Sweigart Agenda Item 15 Page 8 Disclosure Statement Disclosure Statement City ufl'iryinki Hatch 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 Todd Sweigart Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes I No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary:or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Todd E. Sweigart Agenda Item 15 Page 9 Disclosure Statement Disclosure Statement \43 Cuy of Virginia Beach Planning&Community -,,___ - Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes NO 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 INo • 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 INo • 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?II Yes ❑ No • If yes,identify the firm and individual providing the service. David Brotman,Jacobson Brotman PC(757)422-4445 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 in No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Todd E. Sweigart Agenda Item 15 Page 10 Disclosure Statement Disclosure Statement AB City of Virginia Beach Planning&Community , - - -,„.\\ Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public 'n connection with this application. Applicant Signature Todd Swe;oart(Owner) Print Name and Title 02/16/2021 Date Is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 77 77� � No changes as of Data 06.15.2021 srgnatere l'V l,1.t ct.i{ti M I11.ei' Print Name William Miller Revised 11.09.2020 3 I Todd E. Sweigart Agenda Item 15 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Todd E.Sweigart Agenda Item 15 Page 12 STR VICINITY MAP TODD E. SWEIGART- 507 19TH STREET Ord kr � r 1 Fi SOW%• 6 s �ll tom• I let V 1. .S\ �:.-- ��11�,w.R 22 .off • in n1 - y , a — `f t - r 0 ._ al. 00 Meet Vt %Seet Q:)1a" - 1 �' ': . ‘_--------;"-:: $h- a\. t \• Short Term Rentals '" 1 . _ 1 , Status ® Approved p 1 • Denied 1� t'e yt \... O Unde-Kevie'i. . O. - 1 Q Registe-ed 1 !' VA 15� e 1 5 lY•��,ll l t` �l 1 .-� �� Updated on 06-9-2021 tern # 15 Todd E. Sweigart [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 507 199' Street 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 fora 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 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. The following conditions shall only apply to the dwelling unit addressed as 507 19th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be 5 submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 6 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7 19.R �� to 11 OR A\ 1thstre —�� ` U,evaCd , '\ a �h Bo Virg- B� �� OR ,a .00 so c \. 77 , Iii- \OR1 S r/7/./ f' / 1 \ \ A. O, _. R- OR� / 4006/1. ,t �-- tree \ 0 I _____,, _ 11, , _____„„,.. ,o_- _treat 1101, >� 16th , _ ►'�� th sheet J` c #6 ,... ` OR 11\ ORIIII OR ___ a c -_ 0 ) O R a co I. o N Site ��DI ® Spivak Family Trust W��,E Property Polygons 229 16th Street s Zoning Building Feet Parking Lot Drive Aisle 0 2040 80 120 160 200 240 lotreji Sid [ ......• CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SPIVAK FAMILY TRUST [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 229 16th Street (GPIN 24271678310229). COUNCIL DISTRICT — BEACH MEETING DATE: July 6, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 26,500 square-foot parcel zoned OR Oceanfront Resort Form Based Code District. The lot consists of one retail use and 10 residential condominium units. Only one unit is owned by the applicant, 229 16th Street. The minimum number of parking spaces required for the Short Term Rental use is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental unit is nine; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 1, 2021, Host Compliance shows no active Short Term Rental advertisements associated with the subject address. ■ Considerations: The subject property lies within the resort area of the oceanfront. Specifically, the proposed Short Term Rental is located within the Seahorse Cove Condominiums. The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, commercial parking lots, amusements, restaurants, and bars. In addition, the subject dwelling sits approximately 550-feet from the public beach of the Atlantic Ocean. To fulfill the off-street parking requirement, the applicant is proposing to utilize two existing on-site spaces and one off-site space. The on-site spaces include the use of one permanently assigned outdoor parking space and one residential garage space. The off-site parking space will be located within a commercial parking lot at the corner of Virginia Beach Boulevard and Arctic Avenue, approximately 630 feet from the subject address (.1 miles). Accordingly, an informal intent to lease document for the off-site space was submitted to Staff. Spivak Family Trust Page 2 of 4 As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator approved the parking plan with the stipulation that the off-site space always be available when the home is leased for Short Term Rental purposes. A condition was added to address this matter. In addition, the other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to this application are provided in the attached Staff report. 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 7-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 229 16th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner Spivak Family Trust Page 3 of 4 or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. Spivak Family Trust Page 4 of 4 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department G ' 0 City Manager: /e, NBApplicant& Property Owner: Spivak Family Trust Agenda Item Planning Commission Public Hearing: May 12, 2021 City Council Election District: Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 2505veet 0o v.t +st,°et Approval 2•t^st<Na+street 23,dst,eet 23,e 23rd SHalftst,eet Nd t 22 ^d 5iree Staff Planner 2 si2°++st,.°t :"_VI___\--- \ William Miller str°°t Y zot^Six° a tgth street 1: Location ,," a6 229 16th Street ,ai„a+e+st, G P I N r 60n street 24271678310229 s z Site Size t ,,trey A 1\ 26,500 square feet \ t _A �j tttt s *L°*orve V Ott, 3 tgt^street c N orfW ° gth Street go street Existing Land Use and Zoning District . Mixed use (row homes and retail)/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts •e a . North Commercial (bars/restaurants)/OR Oceanfront ‘ \ Resort 4 South t r �„� � fP 16th Street -_ Commercial parking lot/OR Oceanfront Resort r =�" � r " East . < 7 Wt Commercial (bars/restaurants/retail)/OR v. 1.Oceanfront Resort t, 4 West v Pacific Avenue y Mixed use (retail and apartments)/OR s 4, Oceanfront Resort — }' a 1 Spivak Family Trust Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This 26,500 square foot mixed use property is zoned OR Oceanfront Resort Form Based Code and contains 10 residential condominium units and one retail suite.The applicant is only requesting a Short Term Rental Conditional Use Permit for one unit, 229 16th Street. • According to City records,this three-bedroom row home was constructed in 2010. • Staff inspected the site on March 23,2021 to observe site conditions and take photographs for this report. • On-street(metered) parking is permitted in the 100 block of 16th Street but is prohibited along Pacific Avenue. Therefore, any overflow parking beyond the minimum parking spaces required could occur within the 100 block of 16th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of April 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Spivak Family Trust Agenda Item 17 Page 2 Short Term Rentals in the Vicinity sw ►1►111i'1 '� l-110:1117 'r!` ji _4 till „11 y, ,,� r f A • iltli — { , :. *• mod.. t, ,ip, A , . 0.,,, ili. STATUS 1.' V • Approved S`+ .'�: Apo, AA-3- • Denied :)_'4 /Cy /, ••1 \----1—A2 Q Under Review s i � I3 t Registered _ ,,r�l> di, 1 t r e tt = -t�1 t \ - -to i •tea Updated on April 12, 2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#17 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 2* *One off-site parking space will be located at 335 Virginia Beach Boulevard,which is a commercial parking lot within .1 mile of the subject property Spivak Family Trust Agenda Item 17 Page 3 vi/ wd 'iIm stt+t l is _ --raln R Zoning History 0 # Request Ili .��/� ' ; 1 CUP(Amusement park)Approved 04/11/2000 10, ��% STC(Street Closure)Approved 04/11/2000 '� � 2 ALT(Special exception to allow a building type not CI>'',% i�/ permitted along Shopping 2 Street Frontage)Approved • � , 08/18/2015 1 \ 3 CUP(Enlargement of church/school)Approved 05/09/1995 1 5tt..� \, REZ(A-12 and R-5S to RT-3)Approved 11/09/2004 CUP(Church and accessory uses)Approved 11/09/2004 OR \ ‘11 1c Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property lies within the resort area of the oceanfront. Specifically,the proposed Short Term Rental is located within the Seahorse Cove Condominiums.The entire site includes one retail use and 10 residential condominium units. The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, commercial parking lots, amusements, and bars/restaurants. In addition,the subject dwelling sits approximately 550- feet from the public beach of the Atlantic Ocean. To fulfill the off-street parking requirement,the applicant is proposing to utilize two existing on-site spaces and one off- site space.The on-site spaces include the use of one permanently assigned outdoor parking space and one residential garage space.The off-site parking space will be located within a commercial parking lot at the corner of Virginia Beach Boulevard and Arctic Avenue, approximately 630 feet from the subject address (.1 miles). Accordingly, an informal intent to lease document for the off-site space was submitted to Staff. As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator approved the parking plan with the stipulation that the off-site space always be available when the home is leased for Short Term Rental purposes. A recommended condition was added to address this matter. In addition,the other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,those recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Spivak Family Trust Agenda Item 17 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 229 16th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. A third (3rd) parking space,at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. Spivak Family Trust Agenda Item 17 Page 5 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 18. To the extent permissible under state law,interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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,June 20, 2021 and June 27, 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 June 21, 2021 Spivak Family Trust Agenda Item 17 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 July 2, 2021. Spivak Family Trust Agenda Item 17 Page 7 Site Layout & Parking Plan ;.fljt. < 1I CD CDC 2 1 6th Street 9' x 18' parking space Off-site parking space (space #3) will be located within a commercial parking lot at 335 Virginia Beach Blvd. (approximately 630 feet, or .1 miles, 9' x 18' parking space from the subject property) with existing garage Spivak Family Trust Agenda Item 17 Page 8 Floor Plan Full Bath#1 Bedroom#1 229 16th Street Virginia Beach,VA 23451 / Ground floor (diagrams not to scale) Staircase Hallway Garage Noah A.Spivak,Trustee Spivak Family Trust Full Bath#3 Bedroom#3 229 16th Street Virginia Beach,VA 23451 Second floor _ l (diagrams not to scale) Staircase Hallway \ Laundry Closet J Full Bath#2 Bedroom#2 Noah A.Spivak,Trustee Spivak Family Trust Spivak Family Trust Agenda Item 17 Page 9 Floor Plan 229 16th Street Half Bath#1 Living Area Virginia Beach,VA 23451 ( Third floor (diagrams not to scale) Staircase Spiral to Downstairs Staircase to Loft Kitchen Area Dining Area Noah A.Spivak,Trustee Spivak Family Trust 229 16th Street Virginia Beach,VA 23451 Top floor Game Room/Loft (diagrams not to scale) Spiral Staircase Outdoor Terrace Noah A.Spivak,Trustee Spivak Family Trust Spivak Family Trust Agenda Item 17 Page 10 Site Photos jj------ 4-4.73., -- ------- I _ r 4 =mod tree' az , Idilld 'P ,_Aitat&-. r: -- rA 01 _ ---.-Al 1- *--: ''' - _ • _ , . 16tn Str 229 16`h Street +s Spivak Family Trust Agenda Item 17 Page 11 Site Photos it 'HI Eiit ♦i1a _ r �. A Its, s L � . F P _' Assigned parking space 229 16tt,Street 1lpttn' ' ' - :, ,.r , IV:,-1`� A -Pacific Avenue 229 16"'Street Spivak Family Trust Agenda Item 17 Page 12 Disclosure Statement Disclosure Statement ray of Virginia Fade 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 _ SPIVRK FAMILk/ -ra,Usr Does the applicant have a representative? it Yes ❑No • If yes,list the name of the representative. Noah and Robin Spivak,Trustees Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?II Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Noah Spivak and Robin Spivak,Trustees of Spivak Family Trust • If yes,list the businesses that have a parent-subsidiaryi or affiliated business entity5 relationship with the applicant. (Attach a list if necessary) none "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "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. Spivak Family Trust Agenda Item 17 Page 13 Disclosure Statement Disclosure Statement \43 City ofVirginia Heath 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-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 providing the service. R1-1-R4STIC,3h`{ RoKr&'6€ sizo«P LI C. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes III 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 OF 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 S 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 ti No • If yes,identify the purchaser and purchaser's service providers. Spivak Family Trust Agenda Item 17 Page 14 Disclosure Statement Disclosure Statement City of VirgilM awe Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes If 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 is 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 Signature Print Name and Title Noah Spivak and Robin Spivak,Trustees DateIs the applicant also the owner of the subject property? .Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two j2y weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ i No ctu ne...of 1°8" 06.16.2021 S'"". " "• Print N.n,e William Miller Spivak Family Trust Agenda Item 17 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Spivak Family Trust Agenda Item 17 Page 16 STR VICINITY MAP SPIVAK FAMILY TRUST — 229 16TH STREET - 09-g4kt-rti:_\ ‘, 7\_____ 4e,"itt7-- i.__• ., �t ___\_,.... 74, ‘A.v:::___ _ _:___t,:_ . .._ , _i:„,,..:7,, :,____ 4. clA A ... \i_e;:it_______ ii, • .0g \ 00 • ---- - - - ---- . . wor_.." 'A . it, .n ,.r r1 16 street _- i lose reed15i. - - oaft - • Short Term Rentals _�teg' '' Status th - VI ® Approved '" Denied 70 tc/ co 0 Under Review �,//I ,; SQ Registered Updated on 06-09-2021 Item # 17 Spivak Family Trust [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 229 16th Street 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 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. The following conditions shall only apply to the dwelling unit addressed as 229 16th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 6 plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7 r OR OR li OR 0 0 OR 7 1 v fah Street , o 0 °� o o (13co math Street�� O R ��ice/ ��1` L OR / '� , CD ` / pR �" i OR \ t -Na�f-Street r f A 36 ' 12 t .o '2�thr Street • � c r�, 21�� °Al2�' 0U e S. , `, ° tre OR 0 R�5`S t 2?th S ?th'Stree�� iii �\ 7 v \. P1 oQ - V S 000011111111.11.11: ` FOR RwS, A 12 OR t N ® site Heather Shimp W1,E Property Polygons 304 28th Street Unit 207 s nZoning Building Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 L....e..." rill , fi Y a*. y 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HEATHER SHIMP [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 307 (GPIN 24280028663007). COUNCIL DISTRICT — BEACH MEETING DATE: July 6, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 53,385 square foot multi-family property zoned OR Oceanfront Resort Form Based Code. The lot consists of 42 condominium units, with the applicant's unit containing two bedrooms (Unit 307). The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 8, 2021, Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address and unit number; however, there are multiple active Short Term Rental listings for 304 28th Street without accompanying unit numbers. • Considerations: The property is located within the resort area of the oceanfront; specifically, this unit is within the Playa Rana Condominium development. The subject site lies approximately 900 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts two permanently assigned on-site parking spaces, which meet the requirements of Section 241 .2(1) the City Zoning Ordinance. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. Heather Shrimp Page 2 of 3 • 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 7-0, to recommend approval of this request. 1. The following shall only apply to the dwelling unit addressed as 304 28th Street Unit 207, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Heather Shrimp Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: /� Applicant & Property Owner: Heather Shimp Agenda Item Planning Commission Public Hearing: May 12, 2021 `-- City Council Election District: Beach20 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation \ ( st.� Approval r i Stt 34tb Qet n_ I./ p"eW�e 33,d Street Staff Planner L aRodd und5treet ``r 1 Summer Peebles 1--A- - ,a yy,tn aped 3ptti laird Location °s_ 304 28th Street Unit 307 P2 D 260 S1r', GPIN a 26th street 11 ---1`2gth street 24280028663007 .. O n ., sc 240h 5aeet .` Site Size Pr° ) 1' } 24th Street r�,y 13rd Street , m� 53,385 square feet , t Street A Street .k 215t street OA 2eth street Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North . ,-• -r I ' ,'..F paw so 28th Street \' %` 3'. 5 Hotel/OR Oceanfront Resort , ' °f ' yd y � South 1/ 1 s sr - t 27th %2 Street (alley) " ,' «. ?, , ,t t., - Apartments/A-12 &A-36 Apartments - " fs. , East Olt � :/ lath tr et <� °i -;:�1 '� 'It at Commercial/OR Oceanfront Resort a :, .,'- _ ", r �. x.' '�y3,;met West , ;� .� - 2ty— ; Commercial/OR Oceanfront ResortIlk - ,, a �N'1 ; 8 4 i./ #', pia 2-A. ,..str , , ,1 'G k ' . , - - 21th Sure r _ 1 Heather Shimp Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District • The property consists of a three-story, multi-family condominium building containing 42 units. Designated parking spaces are provided on-site.City records indicate this building was constructed in 1985. • Staff inspected the site on March 16,2021 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered so this property is not eligible for the Residential Parking Permit Program (RPPP). • City Council previously approved a Conditional Use Permit for Sunray Court Associate, L.P.April of 1996 for 'Housing for the Elderly'on the subject site.This building now operates as a condominium known as Playa Rana; therefore,the previous CUP for Housing for the Elderly is no longer active. • Known Short Term Rental activity as of 04-12-21: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Heather Shimp Agenda Item 20 Page 2 Short Term Rentals in the Vicinity � . a 44111100c,.v.i‘.-- —.----. \ , :::-.3 irit. — losociy 't- • _____A- ‘ri-..,Ma,-`:\I — _______. \ ti, _ .., . 14'111,"--'r'- "Asss i ICI' Or1�._ ego, i r -- STATUS i 1U__1r J_ s Approved 1 or �!__s1 t Strom •v+. • Denied r�r�r+} �J �; ; 1 O Registered .t1� j% 'ft` ;V:%k`' tree Updated on April 9, 2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm:2-As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Heather Shimp Agenda Item 20 Page 3 OR t �� Zoning History 3 ------`j \ j111---\ss 6 z8�,�,.o� R # Request R ....:_„2„ �� ' j�� 1 ALT(Hotel,Apartments, Parking Garage along 27th Street) �` ��/,� , z,��"" Approved 11/13/2018 r/ � oR 2 STR(Short Term Rentals)Approved 09/08/2020 We 3 jig/� ,. STR(Short Term Rental)Approved 10/20/2020 PP M �'!Ai _ 2_ � STR(Short Term Rentals)Approved 04/06/2021 „4«.t tt , A..12 1 \, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This Short Term Rental request is for a one,two-bedroom unit within the Playa Rana Condominium complex.The 42-unit condominium complex Is located three blocks west of the public beaches of the Atlantic Ocean, an area of the City where Short Term Rental use is common.There are two assigned on-site parking spaces that will be used to fulfill the parking requirement. Furthermore, it is Staffs opinion that all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 207, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. Heather Shimp Agenda Item 20 Page 4 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes 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. Heather Shimp Agenda Item 20 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • 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,June 20, 2021 and June 27,2021. • 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 June 21, 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 July 2,2021. Heather Shimp Agenda Item 20 Page 6 Site Layout & Parking Plan ^ 9caSt tot f II , . 28ha Fir eet gcn Str _ �- 10,0---- ..,, 1—A--\ \ \--\ *10 '40.- t„ , . if % \" ""w ‘ ,_ ....304 gt .. assign . \'1 `l 2 parking n Street Unit 307 2 --\'' \ . ' ,_,,,,,,„ .;,,,,;(e..,.v...,.!,..„ ‘.-T\- 1 1 ,_ . • . I i \ , \ \ .. .-S_ �, Heather Shimp Agenda Item 20 Page 7 Site Photos ,, J.,i I i _ . .... ._ . , tow _ I, 1 1._..... . __ .. -._.,..—.. .., — . ....... .. zn. ' —--1:4..4 41111111411111. _ ...._ •-....., I,nil .------ ----- _,'... . . . . . . .,. :'.::, '-•'',-'`.'_4?'27.:::ir''' ''...:'-'?.... ---'41,..'n''.-;-''''',.',:::'1".':--:'-.L':-,e';`',;;;_4::,-,,-,,:,..„,.,l-:-".'-z.',..-1:,--,-.'--.:2 '-,.',... ..,. . ' ' .',..'-':1-1-,,:i..'.-' '.`,..',-''' ':'-':''''' '''''.:›1:•1 T•R-1- 1.•)1:41:7,•1•441`...'-i AA'•..-!. .1,'-..:',:•'_.:(4:i i,,(...'•-t1:41:',',1'.'S;';5•,•.`ii,'_,:•.,:j.:*`.3..j••1'''-1'''''•'s:.#j'-.1F:.: 1: ,:fiee-T!,:fAt•t,,,•:4'''/,.,1'fr9q.,,TY!.....;:.:Ak.,•.;.2 Zi'...::ri.:(44-44;1...e.V---;4;lif 4.V1.61A1COAH•'''''$'7.4.4'qt4i17'.e.s.rti.;;;''',F.f..,.,;4*4144._,,,,,,•-afT:,i r le .:= r , or , .._.,,..,,, -i,.._ , .,, , 4" -._ , 1 ' , i.il, , . -.i , - 4110 - N,.:-1,7 •• - 11111114 ------"------------- . •-- - . .-•., •' - --•- 'T -- ..-•- ..-,... ::•••••-•'T. Heather Shimp Agenda Itern 20 Page 8 Disclosure Statement Disclosure Statement Planning&Commit nit' DevekrpnR'nt 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 Heather Shimp Does the applicant have a representative? 0 Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes •No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Heather Shimp Agenda Item 20 Page 9 Disclosure Statement Disclosure Statement Planning fi 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 II 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 •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. 2I Heather Shimp Agenda Item 20 Page 10 Disclosure Statement Disclosure Statement 113 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • tf yes,Identify the company and Individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • if yes,Identify the firm and Individual providing the service. Applicant Signature I certify that ail 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,CEPA,Wetlands Board or any committee In connection with this application. AppUont Signature -- P. Print Name and Title Zi Date — _IS the appGcant also the owner of the subject property? U Yes 0 No • If yet,you do not need to fill out the owner disclosure statement. .,•; USF ONLY`.Idisciosvresmus ,,,'6p�atndt , ? we Its,rio •,a -p: . Co siotrz,nd City Cold rnaear•a � 3� Heather Shimp Agenda Item 20 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Heather Shimp Agenda Item 20 Page 12 STR VICINITY MAP HEATHER SHIMP - 304 28TH STREET UNIT 307 c„,,,/ .10- t\---\'-- \\\ :-.\ 4„..„.._ '''''''''''' . ..-------\\\ :Am :r %,,,. cl- I , _,..s.„_______, \ �___. 3pt1� IA t‘e �t+l c ,. c- '&51 \ 2:3 \_____22r\-V__ t, - -., 'Gc) , e 6tctree• Short Term Rentals !\ .••str e • ' eL. 26th 2 ttr `. Status � • 1' 1 O y �' � - get • Q Approved ~ � 2�jth' \ `' Denied Under Review H110 T1'1.---ka\ ` 1` 1 treeQ Registered l•�'!. 4th Updated on 06-09-2021 Item #20 Heather Shimp [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 304 28th Street, Unit 307 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? 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. 2 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 a Conditional Use Permit for Short-Term Rental on the consent agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition 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? Ms. Wilson: You have a letter on file saying that you will abstain from all Short-Term Rental applications, has that changed? 3 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. 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. 4 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. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 207, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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 , ,r/- _,,,,.\\jp • _---\4-"__, \______ \------\ 0 S : R5S , - et \'Q` , • ), I \IC? \ � o 0:-A1.2 # ,c:C3 „„..- \c_____ -____------ , , 0 \ 41 OR RT3 o D „ ,,,,,\ = CD i R5D R5S 0 � \ Stree�,,,— 40 1 1 R5S, ii�\ \ ta/r-- ! 1 f`y' ;' \ `\ GR W-O \ \ R5S, oq►C�. , �\ S - R5 ��. NN _____--- , --------, .C) e). ‘\ \ , 96 , R'S'S -°:li V site Suzanne Oleszko W47=E Property Polygons 312 Arctic Crescent s nZoning Building Feet Parking Lot Drive Aisle 0 2550 100 150 200 250 300 u e S( `K /ilk t Ja. � �, 4= ..„ ,k,7,.,..:.„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SUZANNE OLESZKO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 312 Arctic Crescent (GPIN 2427152967). COUNCIL DISTRICT— BEACH MEETING DATE: July 6, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 8,249 square-foot parcel zoned R-5S Residential District. The lot consists of one single-family home containing two bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 14, 2021, Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This property is located within the Lakewood subdivision, which is a community composed of a multitude of housing types with a few scattered commercial uses. The subject property sits within a cul-de-sac comprised of single-family dwellings, a catholic school, a church and its associated parish annex and office. In addition, the site lies approximately 1,110 feet, or 0.21 miles, from the public beach of the Atlantic Ocean. The applicant's parking plan shows both required off-street parking spaces within an existing on-site driveway, which meets the requirement of Section 241.2(1) of the City Zoning Ordinance. Furthermore, the property is within the boundary of the Residential Parking Permit Program, where parking during the evening and overnight hours is limited. Consequently, a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the Suzanne Oleszko Page 2 of 4 applicant. Additional details pertaining to the application are provided in the attached Staff Report. Staff received two letters of support for the Short Term Rental. There were two speakers in opposition who noted the potential violence associated with Short Term Rental use, the transient nature of Short Term Rental use, spillover parking onto the City street, and the perceived erosion of the neighborhood feel if a Short Term Rental request were granted. • Recommendation: On May 12, 2021 , the Planning Commission passed a motion to recommend denial of this request by a vote of 7 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1 . The following shall only apply to the dwelling unit addressed as 312 Arctic Crescent, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. Suzanne Oleszko Page 3 of 4 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Suzanne Oleszko Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department 6_ "0 City Manager: ,/,<--7 Applicant& Property Owner: Suzanne Oleszko Agenda Item Planning Commission Public Hearing: May 12, 2021 l'� City Council Election District: Beach 21 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Z,tdste8t Approval 22„d s""'`. v - 2,st SV" Staff Planner �• S.---- _t9th Street > Summer Peebles greet Location Yrg1°ta Bg'''''- leaar ,gth"et C 312 Arctic Crescent SVeet 9 ,Sth < eet GPIN atn str WI l 2 2427152967 1 ,,th st t 2 % q op stte•t ,2th Street < s. dke ,,,,, ,gtn SY••t Site Size • —A-- Norfolk Avenue N 3—— 9,t+suit 8,249 square feet l!��i=;` �}— ; �— so iv*" g Veet ° ptley ..—T—4 %y 9Mas Ana pv. ^U —. ii m Delewzr Y�rg,n,a Avenue {. 6m gveel \ Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Surrounding Land Uses and Zoning Districts North Arctic Crescent 2 •Star by the Sea/ RT-3 Resort Tourist }` ;, South t' ,5.r strut fiti, Lake Holly/ R-55 Residential ..f 1 East - - t ':s , Single-family dwellings/ R-5S Residential , West e ti 4th Single-family dwellings/ RT-3 Resort Tourist Suzanne Oleszko Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This 8,249 square foot parcel is zoned R-5S Residential. • According to City records,this 2-bedroom home was constructed in 1984. • Staff inspected the site on March 16, 2021 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of 04/12/21: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Suzanne Oleszko Agenda Item 21 Page 2 Short Term Rentals in the Vicinity ‘-.--._1_-._.—-__}-m_-,r\4 A-O'--,,,lliteits:0,1 4 11io.1 „rir_iw—s*l O_i_r 1• 1-‘ , v `. . _mill.��. , tie `wR . p1111 i ` — tee ,` ►, s tit LA �� 15C citi k ot. * ido. itz.1.4" \ \ STATUS . Oat , , titit ' 0 Approved `n / t }, \ • Denied (,.- 1 O 1 1 Under Review '� r•_ O Registered 161 -- Updated on April 9, 2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 16 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Suzanne Oleszko Agenda Item 21 Page 3 rp R 1J l 0 _ sty$"°'__ Zoning History # Request OR ago 4' 1 CUP(Portable classrooms)Approved 05/25/2004 R-5S 2 CUP(Church&related accessory uses)Approved • or, 11/09/2004 3 CRZ(A-12 Apartment District to Conditional RT-3 Resort Tourist District)Approved 11/09/2004 ' 4 CUP(Church addition)Approved 03/09/1994 5 STC(Street Closure)Approved 12/12/1991 s •s 4 0„,„i 6 STR(Street Closure)Approved 12/10/1997 �.� 7 STR(Short Term Rental)Approved 02/06/2020 • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Lakewood subdivision,which is a neighborhood composed of a multitude of housing types with a few scattered commercial uses.The subject property sits within a neighborhood block comprised of single- family dwellings and the Star of the Sea Church. The home contains two bedrooms;thus,two off-street parking spaces are required& provided on site. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 312 Arctic Crescent, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Suzanne Oleszko Agenda Item 21 Page 4 Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes Suzanne Oleszko Agenda Item 21 Page 5 and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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,June 20, 2021 and June 27, 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 June 21,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of hops://www.vbRov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 2,2021. Suzanne Oleszko Agenda Item 21 Page 6 Site Layout & Parking Plan LAKE HOLLY ..` . ' Ji e'36' iv~�, 7r 4tT 1 —L ` W 48'57'18" W , 4.ks,11"...., _ 237•4 . . . fi' 4 ,. /',. x o • GFtAVEI W -X, '� Single-�1 � � x ARE" Aor '4: family '9.08' x wellin I 11VAC x MIT j r X .„ /, rr' 2 r 1 4t [ '' • _. .. ...A .- .r I _ 7,...0 a ' .• A 1 .. - - -.-- C.I. ARCTIC CRESCENT Suzanne Oleszko Agenda Item 21 Page 7 Site Photos .- - ' Thyv By pEZTEpi -... N, iL: ,. '' 1616114•Kz----:- tElivr ' . r , ., , f':4,4).'..-.: •; ...- '','"‘,'it:it'it; ' • ' ' *,,..4,1ii , , ,...: i ........ .a.,11t /,./---- -. 0 - '- , 0....,it, '11 ...,, .,.. '4 tr-A;,', r- asis. ; .- • --, 1 . . r . -........- ' ear, - -— - -`;'_,, .,' --/,4"l'isek-,,,,e-',..%---' -...... • ,,t'\ - - 1/ '' _ . .. .....,, , ..,_ ..,..... ; . .., ' "'CI V4Y ''. -- ,. .,14 •s.,,,,.. , / -41 '. k ' '•-•; '- .-.',-- ' 7 °"".""1"'"""""• -- ,ili.,7 r ' 0. - ) .. . -., .. - , - ' "'- - i I Fr::t.^...; - 4.°11.1--- • , ; - - _--- .-- •-•-•;*,,,., --1,-,•-- - -, _....-7.- r 11 ..._ rr - 7 . - 5.-clvyk,w, :'• - '.4!•t- ...: - 1 • . .„, _..,. ,. . 4.• k. - ,..- . Suzanne Oleszko Agenda Item 21 Page 8 Site Photos , .. -IA, lia,t4 , .,,t..,;i••...•. • -. , . NJ illjri '•• ''''‘'f:•=i4: z-,`, .,..,.:. if,,,,,Iy,„„.. : , .- ',It: ' '..- •=. -„, ' .....- . . , ..... • -t--,----.--- _ .. . . . ., Suzanne Oleszko Agenda Item 21 Page 9 Disclosure Statement Disclosure Statement Planning&Community Devekvment 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 Suzanne H. Oleszko Does the applicant have a representative? 0 Yes ®No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ®No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. fit...•.d;1.09.2020 1lFaP,e Suzanne Oleszko Agenda Item 21 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development 'a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ff 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/reactor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 •No • If yes,identify the purchaser and purchaser's service providers. 21 Suzanne Oleszko Agenda Item 21 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes El No • If yes,identify the company and individual providing the service. 7. Does the applicant have en engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. Hangar Law Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. r` ppl nt Signature Suzanne H.Oleszko.owner Print Name and Title February 8,2021 Date Is the applicant also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2j weeks prior to any Planning Commission and City Council meeting that pertains to the applications No dunces at of Data , ' 7/a 1 Signitute I ''fire✓ Print Name S i Ntn ' ( 2O?O 31Plot Suzanne Oleszko Agenda Item 21 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. Suzanne Oleszko Agenda Item 21 Page 13 STR VICINITY MAP SUZANNE OLESZKO — 312 ARCTIC CRESCENT ----A _\V \_____VA?..\._ -----:---iirik s ,..- • \ �� ■ .\.A 47 f eel - \-- --,--jvaii. --'4'- '. 'uo---'(0 ______ ______ c., _ ,___, Y-v__ G \ \ eez 111 , �� . N6, .i.:,._. , _____________ .... , , ....et .,:, _____ ,__, % .iy--- ,. ----= ,,,,.,.... , )._\ ,,„,, _„ . -,. 5t 11:,� {��p ,a 1:_ \ \.,_.__ v Short Term Rentals Status - ` �-_ S f 1t O Approved ,rcl • Denied A\��---"`ttt"'SSS \\', O Under Review , D.T. \'i'i t 0 Registered t • pite- O �3`fre "t 1 ,ram TrT � -77' � 1 A,i'II 1 Updated on 06-09-2021 Item #21 Suzanne Oleszko [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 312 Arctic Crescent May 12, 2021 RECOMMENDED FOR DENIAL - HEARD Mr. Weiner: All right, on to item 21. Madam Clerk: Yes, sir. Our last agenda item for today. Suzanne Oleszko. An application for Conditional Use Permit short term rental on property located at 312 Arctic Crescent in the Beach District. Mr. Weiner: Welcome, ma'am. Please state your name for the record. Ms. Oleszko: Hi, I'm Susanna Oleszko, at 312 Arctic Crescent. I've been a Virginia Beach resident all my life. I was born on Arctic Avenue. I attended Star of the Sea elementary school for seven years, First Colonial and now currently I'm a ODU professor. My passion is Virginia Beach and I don't know if any of my pictures got in here. But growing up one of my favorite activities was going to the Virginia Beach Dome on 19th Street. I always loved that building. I always loved the concerts. I always loved the acoustics. This home became available; my father passed away and left me a little money. And I decided to buy this home because I love it, because it's a piece of architecture that's not common in our area, especially common on Arctic Crescent. It has quite a bit of land on the right and on the left. I have a school across the street that I attended. I have Father Steve next door who has come and bless the home. I have a family to the other side. That is a multi use building. When I purchased it, I didn't really, what I was looking at it I really didn't understand what the CUP was. I had been an investor of real estate in Virginia Beach homes for since the 90s, probably flipped maybe 100 homes before it ever was a TV show. My husband is very handy. And we love doing that. I love decorating, he loves doing things. So this home is very unique. When I looked at it, I asked the realtors and I asked other people if there was a Civic League, if there were any restrictions in this community and the answer was no. To the left of me is a residential property which is the church. I talked to Father Steve he thought it was a great idea to have something like this; I would work in conjunction with the church for their youth retreats, for bridal parties, things like that. To the other side of me was a family that also thought it was okay idea. The home is very — very unique. It's a great addition to the Vibe section; it's a piece of art. As I see it. You know, it has a lot of history for our community. I live just a few minutes down the street. I will be extremely involved. I already have another Short Term Rental at the Oceans II condos that has great reviews. I've never had trouble over there with 1 anything I've done. I've paid the taxes. I've been legal the whole time. I want to make this legal. I want to go take it to a very classy step of having Atkinson Real Estate, manage it as a beach rental. So it wouldn't be the typical Airbnb party center. It is a small home with a big heart. It's a Zen home. It was designed and built for peace and tranquility. It was built by Mr. Revlon who came from New York City after he took Revlon public and he was a part of the Edgar Cayce community. I don't know what else to say about it but it is a perfect place for guests to come to be impressed with our city. It is, as you know, walking to the beach to the boardwalk. It's only eight residences away from the bed and breakfast where they rent by the room by the night for what I would rent the whole entire home for it. I will be there a lot. I have been there a lot. The neighbors know that I'm there a lot. There will be no parties there. There will be no smoking of cigarettes or anything else there. I will install a Kevo Lock System so if there is a party and there are people I can lock them out. I will not have nonsense there. The home is beautifully decorated with a bike theme. I would invite anybody to come, I've invited some people on the board to come. I would like to name it Pedaling Around because it's a round house and I have a bike clean. It's gorgeous. It's fun. I have a lot of privacy. I have the church on the right, the school on the left. It is not a typical home in the neighborhood. It doesn't look like any of the homes; it has twice the property of any home in the neighborhood. Every day, we have the bus line for the children lined up in the circle so it is not very private. We have a circle at the end of the cul-de- sac that is a parking lot for beach goers during the day every day of the year, including surfers in the offseason. As you can see, there's a lot of open land there. I don't know what else to say. But in my mind, at night, it's not a quiet street, I hear the whipping around of the Ferris wheel and the big swing and I see the lights and the neighbors that are here they can walk to the end of their driveway and see it as well. So it is not quiet. There are a lot of people coming up and down the street off the beach walking down the sidewalk. I happen to love it. I love the sound of children. I'm a professor of early childhood education. I love the sound of the playground every day. I love the car line pickup. I've become friends with the people who come to pick up their children. Many of them have toured the home since I've had the orange sign in front. They've come in from the bus line, they wanted to see the house, and they've always wanted to see it. It's extremely unusual. And I think it would be a great addition to our ViBe section, which is two blocks down the street. I have walked there many a times and I've patronized many of the restaurants since then I've been on the tour of the ViBe twice since I've had this home there because I just think it's wonderful. And I really appreciate you considering it in where it is located. Any other questions? Mr. Weiner: Yes, Mr. Alcaraz? Mr. Alcaraz: Mrs. Oleszko, we've talked. You said something I have been receiving opposition just want you to know that. I don't know if it was, if it was noted during the informal was, was there any? 2 Mr. Weiner: No opposition. Mr. Alcaraz: I did receive calls. One thing you just said, are you offering to restrict it just for the church use? You said that. Ms. Oleszko: No, no, I want to include that. I want to include that. Yeah, I would include and I would welcome people from the church. I happened to be Catholic, and I happen to grow up in that church. And I would include it and be a part of the church community because basically, my property line is right next to the church property. Mr. Alcaraz: I understand. Mr. Oleszko: Yes. Mr. Alcaraz: Where I'm going with this, I'm not really in support of it, but when you told me something about maybe working with the church,that's where I was kind of leaning toward you. But if it's not just... Ms. Oleszko: Not completely 100%. But I definitely would offer as much as I could to the church because I believe in that. Mr. Alcaraz: And I understand that this is what I'm hearing from the neighbors, let me finish. What I'm hearing from the neighbors with the street coming into a cul-de-sac and a turnaround going by with whatever maximum you can have, I think is 4, at once a week, the neighbors. They're swaying me to their side, so... Ms. Oleszko: Well, I only have two neighbors, two immediate neighbors. Mr. Alcaraz: I'm talking about the neighbors on the street though. Ms. Oleszko: Okay, there are eight homes on the street. Mr. Alcaraz: Correct. Ms. Oleszko: One of them is a bed and breakfast that has five rooms that they rent out. And the other homes that are on that particular street, none of them look like my home. And none of them have the land that I have; they have taken a lot the size of mine and put three homes on it. And the homes that come before my home on the cul- de-sac, if you look straight down 15th Street, there's a big section eight apartment building that's actually vacant now, that they have, that they look at and there's also if you look straight down, you can see the amusement park and all kinds of stuff down 15th Street. So my little section that none of the neighbors pass by 3 unless they're coming down the circle is much more private than where they already live. Mr. Alcaraz: I understand that. I was bringing it up for the additional traffic that would be coming in past their house to get to your Short Term Rental that's a concern that they had. Ms. Oleszko: There's already about 50 cars that come twice a day to do the pickup line for Star of the Sea School. And then there's probably at least another 20 that come by day to park there to go to the beach any given day. So it's not like someone with four people would bring any more traffic than I mean it is, I've sent pictures in of the pickup line from Star of the Sea that's there twice a day. You couldn't get another car down the street. Mr. Alcaraz: All right, thank you. Ms. Oleszko: Thank you. Mr. Weiner: Any other questions? Mr. Coston: One quick question. Mr. Weiner: Mr. Coston. Mr. Coston: You said there was a multi use building next door, what is that? Ms. Oleszko: Yeah, it's a home and they have some. It's a, I guess this may be approved for duplexes, a duplex next door.And originally, that home was the first home and the person who developed this particular dome subdivided the lot. So there's a family in there that has a rental, maybe two, and they have totally been in support of me having that they're the only, that's the only house that faces my property. And they're totally in favor of what I'm doing. And I have a letter of support from them. Mr. Weiner: Mr. Wall. Mr. Wall: Did you say how long you've owned the property? Ms. Oleszko: I actually have only owned the property for about three or four months. And I bought this as an investment property to be honest with you, but I also own quite a few other investment properties that are section eight properties in Virginia Beach. And I've owned quite a few different properties. Mr. Alcaraz: Okay. Thank you. Mr. Weiner: Any more questions? Okay, thank you, ma'am. 4 Madam Clerk: We have three speakers. Mr. Weiner: Okay. Madam Clerk: Paige Mijares, followed by Heiko Pinkola. And then Albert Gander, so Paige Mijares. Mr. Mijares: Good afternoon Planning Commission. Thanks for letting us speak on this issue. I want to just be brief, because I know that you guys have to hear these all day long and I just thank you for your time. I'm here to represent that Atkinson Realty would be professionally managing the property. And to show you in person here that that is our intent. You're probably familiar; you've probably heard me say it before, of all of the different services that we provide as guardrails and protection for our Short Term Rentals. We have a staff— full time staff of four that are on call 24/7 during the summer, they're responding to calls whenever it needed, but usually those calls are for that the you know, the wireless isn't working, the remote for the TV, they can't figure out. Those are the kind of calls we get, not issues that you've heard from other applicants. We have an on-site maintenance person to help with any issues of that sort. And we also do extra trash pickup. So we have a Saturday trash pickup,a private company that is paid for not on the dime of the City to ensure that the homes that we operate, are pristine. There are 3 reasons really, that this property really fits and should be approved. And that we are here today asking for your approval. One is that it is exactly where the location is and it really is in that resort vibe like Ms. Oleszko said, you hear the ferris wheel and the activity from Pacific Avenue. Pacific Avenue is literally,you can literally see Pacific Avenue from the property and all of the activity going on there in the tourist area. The other thing is that it's just a unique home,which Ms. Oleszko alluded to as well. It's very difficult to see a family living in this home with no walls really full time. So that that would be another reason that this really fits into that kind of unique —unique experience. The home is only approved for four adults, but honestly most likely it would be two adults and, you know, two children there for the week. And then the third reason is really you witnessed it here. Um, Ms. Oleszko is just an outstanding citizen of Virginia Beach. She cares about our city, and she wants to contribute to it in a manner that's positive and helpful to the resort district. Thank you. Mr. Weiner: Thank you. Any questions? Thank you. Madam Clerk: Heiko Pinkola and then Albert Gander. Mr. Weiner: Welcome sir; please state your name for the record. Mr. Pinkola: Hello, my name is Heiko Pinkola, I live at 328 Arctic Crescent. It's two houses down from the property here, I live there since 2012. The neighborhood is all owned and 5 people who want to live in the neighborhood, the multi-purpose locations like also long term rental, we know those neighbors as well. Direct neighbors left and right and all they have affiliation with the church and I think that should not play into this here. But I think those ropes are pulled here. I'm very concerned about like the most recent development of violence coming from single groups, and living in scattered areas of the district here, in Short Term Rentals. And I'm just like, my wife is afraid, she was talking about like moving and selling, because they're just like, that contributes to that. I know the police is understaffed and I'm all for the police and they should patrolling more Pacific and Atlantic where those tourists and visitors belong.And they don't belong in neighborhoods like this and therefore, I'm against it, and I cannot support this. Thank you. Mr. Weiner: Thank you. Any questions? Thank you, sir. Madam Clerk: Our final speaker, Albert Gander. Mr. Weiner: Welcome, please say your name for the record. Mr. Gander: Sir, Albert Gander. I'm also a resident of Arctic Avenue, I live at 1500. Although I can appreciate some of the things that were said earlier about the management of the property, we moved there because we belong to Star of the Sea church, my children do go to school there. We chose this neighborhood specifically, because it's the last of a neighborhood feel before you're actually in a resort district. I believe when you look at an overlay map for what the resort area is, it goes down 15th Street, it stays to the north of 15th and then to the east, it goes down to 16th Street. The bed and breakfast that was mentioned before, it's a site that there was uses for that type of property actually has a 16th Street address, which is inside of the area allowed for that type of use. I understand that she is also an investor of other properties and I feel like if you're investing to make money, that you should do it within the constraints that already exist, not just because you have the money to come in and infiltrate my neighborhood and erode the neighborhood feel that already exists there. As to the cars that are on that street there for the pickup that happened twice a day, Dr. Avril, who is the principal of that, has spoke to all of us and told us about the cars being there. That was for COVID and COVID only, before that, the pickup happened in the front. They had to do that to help separate the age groups for the kids. So, there is some pickup in the front. That is not historically the way it's been. It has been that way now. I know that Father Steve blessed the house, I think that that's fine. I don't think that he has any ill will toward anyone else. Like what was said before in earlier arguments against Short Term Rentals, I believe that it does bring in elements that don't belong in the neighborhood. It also doesn't belong in my neighborhood. There is the church there. As to the section eight house that I have to look at that's across the street, that is also owned by an ODU professor. He does not keep it in good working order or repair. Matter of fact, he hasn't had anybody in there renting it since I've lived 6 there. It would be good to go away from the neighborhood. I understand that this property has the intention to be managed correctly and appropriately, but it is not with a neighbor in it. I know every neighbor on the street by name. I knew Lawrence that lived in that house before it was sold, because he passed away and died. I know Mike and Danya that are next to him that have the multi use structure. I know Heiko and Nadia that are next door. I can go on and on and on down the street all the way to the owner operators of the Airbnb. I know them because I'm somebody that's involved in my neighborhood. I can tell you the name of the police officers that walk the beat on my neighborhood. I can even tell you the names of some of the people that are homeless that my church feeds. I know that because I'm there not because I'm not there. Mr. Weiner: Thank you for your comments sir. Any questions. Mr. Alcaraz: One question. You said where do you live? Mr. Gander: 1500 Arctic Avenue. So if you look at that map there, you go straight down the street. That begins Arctic Crescent down there. The 15th terminates the next house over that you can see the one white car in the driveway, that's mine. Mr. Alcaraz: The first one. Mr. Gander: Yeah, so when the pickup line, it begins down there, and I walk my kids directly across the street straight to that building where they go to school. Mr. Alcaraz: All right, great. Thanks. Mr. Weiner: Thank you. Do you want to come back up, you can make rebuttal. Ms. Oleszko: I just want to one more comment. I am very passionate about being there. I've been there probably more than a lot of people who have been home at work. I've been there a lot in the past few months. Again, my property as you can see is a much larger property with trees on all the sides. It doesn't interfere with anyone else. The trees you can't even see to have, that have leaves on them now. And I do care about it. And I will be a good neighbor. I have a passion for it. I have a passion for the architecture. I have a passion for our city. I have a passion for the Vibe district. I have a passion for the restaurants, for the hotels, for everything that's going on good there. I live minutes away. I will be there are a lot. I plan if I get your approval; I plan on doing a lot of wonderful things with this home. And I really feel like it will be a destination for the City of Virginia Beach for the Buckminster Fuller lovers, the dome lovers, the architect lovers, the ViBe district, we're looking at a piece of art that is not like any other home in that neighborhood. I'm asking for four people to come for peace and tranquility with a beautiful Lake Holly behind it, the nice Ocean Front close by, the beautiful church beside it, the 7 bells of the church and the birds singing and all the good things that there are on the street, and the wonderful neighbors who are up and down the street, who are outside. It's an amazing place. And I think it's a great place for us to share with visitors that come to our city to see our resort to enjoy the area and I promise, promise that it will not be a shoot up killing place. It will be a place for peace and tranquility. Thank you. Mr. Weiner: Thank you. Any other questions? No questions. All right, I'm gonna close this and open up, Mr. Alcaraz. Beach District Mr. Alcaraz: Anybody else? Oh I mean I appreciate her love for what she wants to do. I'm just torn because again, and I appreciate I know, she's gonna, you know, get in there and make sure that whoever rents that once a week of the four people that she'll do her best to make sure but that's the concern I have with the neighbors. When something happens, it's happened. And then the neighbors have to deal with it. And then again, it happens.And I understand that you'll get the good visitors there, but then we're just I'm just not in support a lot of these STRs and management is the most important thing, but what concerns me when it happens, then I feel like we've let the neighbors down, so I'm not supporting it, but I'd like to hear your concerns. Ms. Oliver: George on this one, I did get several calls and the concern was and I'm sure she would be a great Short Term Rental owner. The concern here is that these CUP's run with the land. She mentioned on several times that she likes to flip houses. So that concerns me is, you know, when this house gets sold, now we've got an STR in the middle of an established neighborhood and the proximity yeah, it's one block away from Pacific Avenue, but it is an established neighborhood like that gentleman said and the other gentleman said, and I'm just not willing to impart that on the neighborhood. Just, you know, there's a school and children and it's a dead end. And I just unfortunately, and the word destination was used and that made me uncomfortable. I don't think that people want a destination in their neighborhood at this point. Mr. Weiner: Who else? Mr. Coston? No? Mr. Coston: I'd like to support her. I think she'd be great at it. I'm a believer in giving people a fair chance and you can. And I try not to judge people by what other people have done in the way other people have run stuff. So kind of twisted in between right now is what I am. Mr. Weiner: Anybody else? Jack? Mr. Wall: Yeah, I think she'd do a great job. And I think that, you know, her management, you know, Atkinson Realty does a great job. But the opposition is fairly strong, you 8 know, and I appreciate their input, and I appreciate their ability and your interest in protecting their neighborhoods, so... Mr. Weiner: I'm torn. In fact, I told Dee yesterday, I was gonna go by there, and I did go by there yesterday and I thought it was in RT district. I mean, I you can't get any closer to the RT district in this house, literally right next door. But I'm all about being consistent with what we've done in the past and we've done in the years in the past, and when we've had opposition, we've all been consistent about staying with that. So I'm going to not support either. Anyone want to make a motion? Mr. Alcaraz: Yeah, I'll make a motion again, this is a recommendation that we're making, of course, and City Council has the final say. So, I make a recommendation that we disapprove agenda number 21. Mr. Weiner: Second?We need to second. Mr. Wall: I'll second it. Mr. Weiner: All right. We have a recommendation for denial by Mr. Alcaraz and second by Mr. Wall. 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: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Aye. 9 Madam Clerk: Chairman Wiener? Mr. Weiner: Aye. Madam Clerk: By recorded vote of seven in favor and zero against agenda item number 21 has been recommended for denial. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 312 Arctic Crescent, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 10 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 11 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 5 D\D ,------ \ C --- - \ ' ek R 5 D , 0'' eet i 0thgtr 0 ____________-- 1 ,, C\ 11 0,,1 -3, Street-,-- ��...r///� , 14th \ 0 , , / CIvRSDD/ C� ` , '///� .92 II a C—j-3 , \i:ED , c� R5D O mit\7_ , \ iii '', (r) ‘\' 1 , ,, 0 , I A36 5D \ S WI \ c ),\1 c3 \ ', __---- ii _ o � D \ 13'� R D ,, _, N Catherine Patterson Denton W1'-E ® Site 1316 Cypress Avenue s Property Polygons =Zoning Feet Building 0 15 30 60 90 120 150 180 is f`i CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: CATHERINE PATTERSON DENTON [Applicant] THE PINK CABANA, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1316 Cypress Avenue (GPIN 24179554830000). COUNCIL DISTRICT — BEACH MEETING DATE: July 6, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 5,625 square-foot parcel zoned R-5D Residential District. The lot consists of one single-family home containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts City Council's Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 14, 2021 , Host Compliance shows no current/active Short Term Rental advertisements associated with the subject address. • Considerations: This property is located within the Lakewood subdivision, which is a neighborhood composed of multiple dwelling types with a few commercial uses. The subject property lies approximately 2,900 feet or 0.54 miles from the public beach of the Atlantic Ocean and 1 ,900 feet, or 0.35 miles from the Virginia Beach Convention Center. The property is in close proximity to other Short Term Rentals that have been approved and disapproved through the Conditional Use Permit process. The applicant submitted three parking plan scenarios; as permitted by Section 241.2(1) of the City Zoning Ordinance, only two were approved by the Zoning Administrator for use. The approved configurations account for all three required off-street parking areas on-site, with one arrangement showing all spaces within the existing driveway and the other showing a combination of driveway and residential garage spaces. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited Catherine Patterson Denton Page 2 of 4 to two resident passes. Guest and temporary passes will not be permitted while the Conditional Use Permit is active. All requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There was one speaker at the public hearing who was opposed to the request. The opposition focused on possible issues relating to the request, such as a lack of on- site supervision, the transient nature of the use, increased parking congestion, increased noise, overcrowding of the home, a potential for violence, and a general lack of respect for the neighborhood and the neighbors. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 6 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 1316 Cypress Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. When parking option "Plan B," as illustrated in the Site Layout & Parking Plan section of this Staff report, is utilized for Short-Term Rental purposes, the garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is Catherine Patterson Denton Page 3of4 located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Catherine Patterson Denton Page 4 of 4 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: & - Applicant: Catherine Patterson Denton Agenda Item Property Owner:The Pink Cabana, LLC Planning Commission Public Hearing:June 9, 2021 29 Lucie! City Council Election District: Beach Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation "' ,w .. Approval re°10111 • Staff PlannerA ... igowlikw,.. William Miller 4 r01r0 Location '�� - 1316 Cypress Avenue • M� ,,peti G PI N '` ,20,week '.fake D, a 24179554830000 I Jm � Norfolk Avenue a n. so street Site Size j J 9u saes c shstreet ::::i::::::::e t and Zoning District .7 - Single-family dwelling/R-5D Residential Surrounding Land Uses and Zoning Districts North 14th Street Single-family dwellings/R-5D Residential t .::.._ - - South 1 - • nl Single-family dwellings/R-5D Residential Y1 , _ East _1 Cypress Avenue lath i.- Duplex,single-family,and apartment dwellings = 4 /R-5D Residential and A-36 Apartment West r �` Duplex and Single-family dwellings/R-5D N Residential ,t \., '�¢ " 1:. 1 , Y . 0 1 t f __ ii Catherine Patterson Denton Agenda Item 29 Page 1 Background & Summary of Proposal Site Conditions and History • This 5,625 square foot lot is zoned R-5D Residential District and contains one single-family dwelling and an accessory building (detached garage). • According to City records,this three-bedroom home was constructed in 1937. • Staff inspected the site on April 13, 2021 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of May 18, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Catherine Patterson Denton Agenda Item 29 Page 2 Short Term Rentals in the Vicinity ty 1gICS \ Si�� -� ' re 1.ou eva"' • _c ea` to. Art 01 ,—Jo -- ` ► _ � ra,� 15i ree �31-ct /,, % i%nog ' : 111►N�i 2_, e,„...„ t ....____, ,._, .....„,„, .,, .......,...,,„,.. 's 411 000 VW Ilig la -Os ar-il 16 \ Q Approved 0 at& ' PI--_ • W Genletl O Unde __ r Rene., -o e r _ Lei,red- ,5 i-�'� A ' ,\--1133_„.,-,': Updated on May 14, 2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#17 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 Catherine Patterson Denton Agenda Item 29 Page 3 ✓ zR-S D Zoning History # Request 44,s`^' = 1 STR(Short Term Rental)Approved 06/09/2020 2 STR(Short Term Rental)Approved 08/25/2020 111 STR(Short Term Rental)Approved 08/25/2020 //� 3 NON(Enlargement)Approved 06/14/2005 4 NON(Enlargement)Approved 11/25/1997 V:3a lirA as Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Lakewood subdivision,which is a neighborhood composed of multiple dwelling types with a few scattered commercial uses.The subject property lies approximately 2,900 feet,or.54 miles,from the public beach of the Atlantic Ocean and 1,900 feet,or.35 miles,from the Virginia Beach Convention Center.The property is in proximity to other Short Term Rentals that have been approved and disapproved through the Conditional Use Permit process. The applicant submitted three parking plan scenarios;as permitted by Section 241.2(1)of the City Zoning Ordinance, only two were approved by the Zoning Admistrator for use.The approved configurations account for all three required off-street parking areas on-site,with one arrangement showing all spaces within the existing driveway and the other showing a combination of driveway and residential garage spaces. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes.Guest and temporary passes will not be permitted while the Conditional Use Permit is active.All requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below.These recommended conditions reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1316 Cypress Avenue and the Short Term Rental use shall only occur in the principal structure. Catherine Patterson Denton Agenda Item 29 Page 4 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. When parking option "Plan B," as illustrated in the Site Layout& Parking Plan section of this Staff report, is utilized for Short-Term Rental purposes,the garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. Catherine Patterson Denton Agenda Item 29 Page 5 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021,and May 30, 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 May 24, 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 June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 20, 2021 and June 27, 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 June 21,2021 • 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 July 2, 2021. Catherine Patterson Denton Agenda Item 29 Page 6 Site Layout & Parking Plan Parking 3_. Plan A P �.� ,w, . o aY a0 fV i -..- ` v V. ^ x ram- f I V'--A ONE STORY P _ € z,__,r . 1. - FRAME V _ f-- 1. I" BUILDING v.• ` \` 11316 - -t ej ., .1ti�'l� r r1; ,� ,I* ic.4 x i . 1 •—O=— r 75 s .0e' - k''\1 134 �4 E DENOTES 9'X 18 I�..j PARKING AREA : • PHYSICAL .'URVF Y LEGEND or �,T,T N op EDGE aF PAVAN! LOT B, BLOCK 111 _�T RESUBD1VISiON �'' 03/10/2021 '� VALLEY GUTTER OF 424 ---- PROPERTY LINE (f) LOTS 1, 2, & 3 B MLOCK 111, o JOHN F. HILL, JR. `" — — CENTERLINEOF DITCH LAKEWOOD U Lic. No. 01433-B 9 --.--«— FENCE LINEE P.r. PIN Palm M..B. 7, P. WO) l- O VIRGINIA BEACH, VIRGINIA — CC1VCREIE illtg OVERHEAD IaRES MARCH 10, 2021 SCALE. 1'=20' (AA- rXCLUSIVELY rOR ig HVAC CONDENSER CATHERINE DENTON �N0 suRvY, !1.11111"111/115111. 1 giak- A 11--IIPDH A TMC PROJECTNO.: 23615 SURVEYORS LTD . Nor,,,...' 53; WO00LAKE CRCLE, SUITE 200. CMESAPLAKL, VA 23370 DRAWING Na: 33715 _ 7C:.: (757) 963-5261 FAX: (757) 963-5262 Catherine Patterson Denton Agenda Item 29 Page 7 Site Layout & Parking Plan Parking ,: ., Plan B 743' N lk a 2 - +.3' ..0 - , v t L r 1 , ry. . ONE STORY ' 7 5—,- • I FRAME ) A BUILDING A i 0,1316 , ti-` �' e V. 1,%'7.i� ,- _ E 1 26.4' _ �# .O W F - _ h C. 7 i % - :1 'ti: rw�. -:: - PIPE _ �gUA �taa?c ' I !irfl,citEii.E 1 i S , — L f j DENOTES 9"X 18' / L - PARKING AREA PHYSICAL ;URVEY LEGEND or . 1 T H OF EDGE OF PAVEMENT LOT B, BLOCK ill t� tr _ , vAuEY GUTTER RE-SUBDIVISION �� 03/10/2021 vr( OF PR CENTERLINE OF OPERTY UNE"a� LOTS 1, 2, & S, HH!OCX 171, JOHN F. HILL, JR. y _ _ FENCE LAKEWOOD Lic. No. 01433 B P.F. PIN ram (M B 7, P. 100) ``� CONCRETE VIRGINIA BEACH, VIRGINIA 1— OVERHEAD S MARCH 10, 2021 SCALE: 1"=20' -w Lt�, [ J HVAC CONDENSER CATHERINE DENTON lgNb s uRvY;�o� 0 - ..� A PHPU A ` © PROJECT NO.: 23615 � � SURVEYORS LTD . DRAWING NO.: 33715 �`, `36 W�EAKE , SU17F 200, CHESAPEAKE, VA 23379 TEI . (757)7) 95 963-5261 FAX (757) 983-5262 Catherine Patterson Denton Agenda Item 29 Page 8 Site Photos - - - / . A_ , • 'Av:I...IL ...., -•••!t." ,- ,...!-.X''—1.:pir...r....., , ',-teliliffit'f 7:-,•-.MAr.e!-• 1'..AP pi0144,-.1gf :' il ---;42. ' •'. .-,.- Is .-'''''''lei--. - , --- ..- ffIl III I I -.. III- r, 1 - , .--- or, 1 ..... . 44.1 ......._ . . ,. _ - . • „cr. • ___,,...: . , r , — • - - ..,- -- —- - .- .., -- -- - : -- - - .1- - - * , 1316 Cypress Avenue ..,. • - *i • , ,. - .10"-'4' --. ,-. . , - -=•,...ft--.:.- .. ...• , - ,--- 4.,...4.,101,- WI'- •V:,,VNI,'''' o•1 4'., .41: 1 -• - . 6' - , . -_--=--z-,--a.---, _:--1-_-- 7 _ -...."-C s ..-;-- . ''''.------'—" - - -' ' -- . '''., .. _.--• -,1*' 11 - -- —..-_- '---..---‘,L.._ ,..4: - --- i --'11_ -. -_----- :. mio' 1 r---n.m ,LI 5., 0,,,--, 1 ''''' I - r------- I •diovimii.' -- 1 III r•-:- i .:- - ......_ ... ;— ,,,--- ' -'-' - f Catherine Patterson Denton Agenda Item 29 Page 9 Site Photos JAY j' +j'' '•j: - _ - .. �"ism '-� -N —_ i' •L 1, �g tt `'* ` �` • .. Ifn -,..e ,,� [.r:_` y ry i� t i ',..�3�* ,e see. t 1111 is f y " nipI re- — Catherine Patterson Denton Agenda Item 29 Page 10 Disclosure Statement Disclosure Statement Cny of VnitioJ Planning&Community —"*"'",4!N\ 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 Catherine Patterson Denton Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?S Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Catherine P.Denton • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) The Pink Cabana,LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1i Catherine Patterson Denton Agenda Item 29 Page 11 Disclosure Statement Disclosure Statement (. ofl'o o,Brtats 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 NE No • If yes,what is the name of the official or employee and what is the nature of the interest? Aoplicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. Towne Bank 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. Berkshire Hathaway;Kimberly Denton 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?111 Yes ❑No • If yes,identify the firm and individual providing the service BDO in Norfolk,VA 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. Jane Cantin,Landscape Architect 5. Is there any other pending or proposed purchaser of the subject property?0 Yes II No • If yes,identify the purchaser and purchaser's service providers. 21 Catherine Patterson Denton Agenda Item 29 Page 12 Disclosure Statement Disclosure Statement 5 • Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?•Yes ❑No • If yes,identify the firm and individual providing the service. Alphatec Surveyors,LTD 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and Individual providing the service. Sykes Bourdon;R.Edward Bourdon,Jr. 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 Catherine P.Denton,Owner Print Name and Title-- —_-- ----- _ 03/17/2021 Date Is the applicant also the owner of the subject property? ❑Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks priorto any Planning Commission and City Council meeting that pertains to the applications • ►�th.nieS'so+ D7e 06.14.2021 j Walici v1Hiue l`r"t' I t� William Miller Revised 11.09.2020 Wage Catherine Patterson Denton Agenda Item 29 Page 13 Disclosure Statement Disclosure Statement AA3 City of Virginia Bwt. Planning&Community Development Owner Disclosure Owner Name The Pink Cabana LLC Applicant Name Catherine Patterson Denton 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) Catherine Patterson Denton,Sole Member • 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 ® 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. 5I Catherine Patterson Denton Agenda Item 29 Page 14 Disclosure Statement Disclosure Statement (ago)Veginta Anon') 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? IN Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes il No • If yes,identify the company and individual providing the service 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm and individual providing the service. BDO in Norfolk,VA 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?II Yes ❑ No • If yes,identify the firm and individual providing the service. Jane Cantin,Landscape Architect 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ii No • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Alphatec Surveyors,Ltd. 6 ( Catherine Patterson Denton Agenda Item 29 Page 15 Disclosure Statement Disclosure Statement 113 City JVirginia Bind' Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. The Pink Cabana LLC Rh — Owner /�\ By' � Signature Catherine P.Denton,Sole Member Print Name and Title y/i3/zi Date 7 Catherine Patterson Denton Agenda Item 29 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. Catherine Patterson Denton Agenda Item 29 Page 17 STR VICINITY MAP CATHERINE PATTERSON DENTON - 1316 CYPRESS AVENUE \ _ _\ • � �''-- �• reps O tv ' ,a eat' tree-' _ . vrr9 n gC1► .\___\. _______--/ �� ` �5'h"Str \A s'•1 .s d . ..-.------ tA TA n _------- tv::: ..,7,---- 161,:, ., 1110 Aitka rik -`4.3- - \ / l' Illi itijil --Iii-01 � t�•r -• �.1 A lir I wog TO., th II -'1 �� Short Term Rentals < � �L Status � I Ct Approved � "Pin GAo rl Denied —— —� 77 �1 Q Under Revieo. Norfolk-Avenue _„._ 0 Registered C e� �� Updated on 06-15-2021 Item #29 Catherine Patterson Denton [Applicant] The Pink Cabana, LLC [Property Owner] Conditional Use Permit (Short Term Rental) 1316 Cypress Avenue June 9, 2021 RECOMMENDED FOR APPROVAL- HEARD Ms. Sandloop: Our next item is agenda item number 29 Catherine Patterson Denton, an application for a conditional use permit short-term rental on property located at 1316 Cypress Avenue in the Beach District. Mr. Weiner: Good afternoon. Mr. Bourdon: Good afternoon, Mr. Chairman. Again, Eddie Bourdon, Virginia Beach Attorney representing Catherine Denton, Katie Denton, and Katie and her husband are here. Katie, just a little bit of background, she lives at the north end and she has short term, some short term rentals that she owns and manages on the Outer Banks. And she came across this beautiful little bungalow cottage at the corner of 14th in Cypress that she just purchased, Will had earlier gotten confused on when he's looking at his records. Ms. Denton just bought this property and she and the previous owner who's sold it to her didn't want to see this property demoed, you know, in a new two unit duplex condo get built on it. And it, it's just, I think the perfect type of a dwelling, if it's given the, you know, the TLC that it needs, and she's gonna, you know, make some improvements to it, but not change it, not change the — the character of it, perfect place to do just this type of use of the property and,and it's a way to make that, you know,viable versus a tear down and rebuild. They meets all the criteria, all the conditions are acceptable. Katie went and talked to the people to the south and to the west, all the owners, but all of those are rentals and the owner has no objection whatsoever if they're not short term rentals, they are rental property so and there are quite a number of those in this area. But the reality is, this is a situation where the short-term rental actually can extend the life of this property that again is perfect parking, you know, works perfectly. And Katie is very meticulous in screening the renters for her places and she's here and she'd be happy to answer any questions any of you may have but she will be hands on as far as management. She has had a website for some time. And if you go to it, it's quite impressive. She does this very professionally, very high quality and she has five star reviews across the board for the people who come and stay in her other short term rentals which are on the Outer Banks and she wants to do the same thing with this piece of property because it's a perfect 1 property to do it on given it's the quality of the house that's on it and how you, you know, look around there are some still left but there aren't a lot of these old beach bungalows left. Be happy to answer any questions, and Katie is here and will be happy to answer any questions if you have any for her about how she operates her short term rentals. Mr. Weiner: Questions. Let's listen to speakers. Thank you. Ms. Sandloop: We have one speaker Ben Harrison. Mr. Harrison: Hello, I'm Ben Harrison. I live directly across the street or next to the house requesting permission for this mini hotel which will have no on-site supervision or management if you allow it. I'm glad they've spoken with some of the renters but my neighbors and I who own single family homes, view this as an invitation, and excuse me, an uninvited incursion by unknown vacationing type people and other itinerants into our peaceful neighborhood. If you allow this to occur, their cars will be cramped into our little street, possibly blocking driveways. Their music and parties may not be quite loud enough, quite late enough to force us to call the cops but will remain on edge and always a few seconds away from dialing 911 wasting our resources because of the actions you might take today. Late night parties, pumping bass music, screaming fights in the yard, toddlers meandering aimlessly, animals running off leashes, people knocking on our doors because they're lost, parents by the police are all foreseeable yet avoidable by you. Short term renters do not have respect for the neighborhood that we hold dear. I have personally witnessed this type of renter from my home. Not in this house obviously but there are close by short term rentals that have destroyed the fabric of this community and violated noise ordinances and also have portable fire pits in the driveway searching for things to burn, leaving permanent marks from the fire, also spray painting items on the driveway or excuse me on the sidewalk and owners have no clue.To approve this request is a gross lack of consideration of residents will affect traffic flow, environmental concerns and the like. If you allow this to proceed, please note that the great website and 311 do not provide on-site management, like is required at hotels in the resort area. On-site management monitors and enforces occupancy restrictions, parking limits and noise monitoring and control. Why should our local police be burdened with these management duties? Additionally, if police must be called,the permit should be rescinded until the owner formally submits a viable actionable issue remediation strategy to us, the neighbors. Living next to a short-term rental like this is difficult due to having new people in and out all the time, partying right next to our bedroom window. Makes for unnecessary stressful situations with homes so close together as they are here 2 at the beach. Hotels do not belong in neighborhoods, especially non-supervised hotels. And what further explanation is needed after the nonsense that went on at 5508 Holly awhile back, parking, parties, gunshots, injuries, lots of people staying in one residence with no place for them to park. You don't want it in your neighborhood. We do not want it in ours. This is not a resort area. It's a residential neighborhood adjacent to a resort area. And none of us signed up for this. Please think of the many unintended consequences that may not have been can fully considered, and please deny this request. Thank you. Mr. Weiner: Any questions? Mr. Alcaraz: Yeah I do, you had mentioned, can you point on that map or just not point,just tell me I can kind of get the bearing where's your residence? Mr. Harrison: The word 14th, the number 14, that's my driveway right there. Mr. Alcaraz: Okay. So you're across the street? Mr. Harrison: Yeah. That's my bedroom, right where the dot is. Mr. Alcaraz: Okay, because you said that they were, you made a statement that the noise would be next to your bedroom window. Mr. Harrison: Could you put that dot back where you had a second ago, right. There's my bedroom window. So I look directly down on it. I have a three story and this is a single story. Mr. Alcaraz: Okay. Mr. Harrison: Actually has a little loft on it. 3 Mr. Alcaraz: Alright, thank you. Mr. Harrison: Yep. Mr. Weiner: I have a question. Mr. Harrison: Yes, sir. Mr. Weiner: If you had any issues across the street, across Cyprus, have you ever had any issues with it over there? Mr. Harrison: I've had issues. I don't know who has the pointer. But if someone point at the house again where they just did, now move to the right, to the right across the street and the next house right behind that that's the short-term rental.And that's where we've had issues from that house which is three houses away. Also a conditional use permit was just granted to another house right there on Cypress which is not on the map because the property that's under construction there on the map is now short-term rental. Mr. Weiner: Have you down call 311? Mr. Harrison: No sir, hasn't been rented yet. Mr. Weiner: I'm sorry. Mr. Harrison: It's brand new and has not been rented yet. Mr. Weiner: No, I mean any of those? 4 Mr. Harrison: No. Mr. Weiner: Okay. All right. Thank you. Mr. Harrison: Thanks. Mr. Weiner: Mr. Bourdon. Mr. Inman: Mr. Chairman, I had more for that gentleman. Mr. Weiner: Oh I am sorry, do you have a question. Mr. Inman: I had a question. Mr. Weiner: I'm sorry. I'm sorry. I didn't see him. Sorry. Sorry. Mr. Inman: Can you—you may be repeating something I don't know, what specific problems did you have with the other short term rentals close by? Mr. Harrison: I walked my dog and we, our family walks and just the marks on the street from people burning, literally they bring their portable fires.And so,you know,they think they're coming to the beach, they bring a little fire pit, and they'll burn it in the driveway, whether it's on the website that you can't have it or not, they don't care. And the owners don't know, because they'll do this out on the sidewalk. I've seen people painting, like their bicycle,or some of their painting stuff.And the marks are there forever and also noise and parking. Mr. Inman: What was specifically about parking, what was that? 5 Mr. Harrison: Parking on the street, just it, you know, prohibits movement on the street, the Cypress is fine, but 14th Street is very tight. Mr. Inman: So where are these? You probably don't know whether the vehicles parking were people who were renting the house or whether they were guests, do you? Mr. Harrison: You don't know. You don't know if they're just visiting the house or not. But I mean, you see him going into the houses, so into the rentals. And you see the tags from out of state, of course. Mr. Inman: How long have those short term rentals been in? Mr. Harrison: That one has been there since I've lived here, which is only a year and a half, sir. Mr. Inman: Okay. Thank you. Mr. Weiner: Any more questions. Thank you. Mr. Harrison: Thank you. Mr. Bourdon: Mr. Chairman, I appreciate the gentleman's passion, but to set the record straight, this little beach bungalow is not a mini hotel. And my client, Katie Denton spoke to the owners,owners of the two properties with the four unit set surround her not the tenant occupants of those units and I'm pretty certain that's what I stated in my presentation. Katie would be more than happy to speak to Mr. Harrison and show him what she does and make herself available if there are ever any problems with this, but this is not a mini hotel, this will not be a party venue and I think anybody looking at that house, looking at it online isn't going to say, Oh,well,there's a good place to have a, you know, a big party. Its far, far, far from it in my opinion. And, you know, she's an excellent manager of these, has great experience in doing so, she's not absentee. So it won't be an issue. Mr. Harrison is residing in, you know, 6 a tear down redevelop, you know, increased density scenario across the street, which is great,great for the city. I'm all for it. But if we're going to be able to maintain a little bit of the old character of Virginia Beach, this is one of those opportunities to see if that opportunity can work. And as you all know, these are for five years. And I'm certain if there are violations, it won't be renewed and it could be terminated. The City Council has the ability to pull these use permits. So I think this is a classic example of where, you know, the generalization, you know, just they're all bad. We all know that that's not the case. We know, absolutely 100% that is not the case and citing the circumstances that may exist on a couple of instances, those same circumstances can happen and do happen on properties that are not short-term rental and we all know that. So I don't think this is a gamble or roll the dice at all on this piece of property. I think everyone will be very pleased with the outcome.And you've got someone who is deeply rooted in this community who's gonna do this property justice that's the reason why we're, we're up here. I haven't been up here on short term rentals other than just a, you know, handful over the course of the existence of short term rentals, and most of those were redeveloping properties. But I think this is a fantastic circumstance where it's worth giving Ms. Denton an opportunity to demonstrate how to do this right and again to preserve this beautiful little cottage. I'll be happy to answer any questions. Mr. Weiner: Questions. Mr. Alcaraz: Mr. Bourdon you mentioned, there would be improvements, are those exterior improvements? Mr. Bourdon: Yes. Mr. Alcaraz: Okay. Mr. Bourdon: Exactly. That's not going to tear it down or build anything new just, you know, renovate and upgrade the exterior appearance. Mr. Alcaraz: Is the intent to keep the screen of the shrubs that are there? 7 Mr. Bourdon: Yes. Mr. Alcaraz: Specifically on 14th Street? Mr. Bourdon: Yes, if they need to be trimmed, but to keep them there. Mr. Alcaraz: Manicured, but still kept. Mr. Bourdon: Yes, absolutely that's the charm of the piece of property. Mr. Alcaraz: Okay, thanks. Mr. Bourdon: Thank you. Mr. Weiner: Any more questions? Thank you. Any more speakers? We'll close it and open it up for discussion. Who wants to go first? Mr. Alcaraz? Someone else go first this time. Mr. Alcaraz: Yeah, let me hear some comments. I'm on the fence. I know where I'm leaning to, but just want to hear what you guys have to say. Mr. Coston: Well, I kind of never like to penalize someone at the beginning, before they've even started based on what we might believe might be a problem. So I'm gonna support it. Mr. Weiner: Okay. Mr. Inman? 8 Mr. Inman: Yeah, I'm torn on this and I was even torn on that one before words back in the neighborhood. So it's a balancing act between, you know, the tranquility of a neighborhood, you know, and this is an ordinance that allows for short-term rental. Is this a good candidate for it? Probably so, for reasons that Mr. Bourdon noted in terms of it's kind of a unique piece of property, it's on a corner. Pretty well exposed, if there's problems, so on balance; I'd probably have to support it. Mr. Weiner: Okay, anybody else? Jack Wall? Mr. Wall: Just, you know, I like to be consistent, I mean how we, how we look at this, and I think that's important, you know, across, you know, whatever we do, you know, we've been denied two, looks like we've denied two, one on 14th, one on 13th, approximately same almost same distance from each other to this property. But we've also approved, or there's been approval of short term rentals in the adjacent corner. And fortunately, those are, that's the area that Mr. Harrison was complaining, you know, had, you know, identifiable any of the specific complaints about one on one corner, one on the other corner, actually three on the 14th and Cypress Avenue corner, and then this one on the other corner. I don't know it's a tossup for me with there's that are nearby, and then there's that they've been approved. And there's that are nearby that have been denied. So I'm still, I'm on the fence still. Mr. Weiner: Mr. Horsley. Mr. Horsley: I support it because this is kind of the old beach cuisine or whatever you want to call it. I mean, it looks like the old beach. And I think that's what some of the folks are looking for.And it's not somebody that's purchased piece of property and going and tear it down and try to increase the size, obviously get more bedrooms and have more people, I think somebody is just trying to provide a beach experience to people who may desire that type of experience. So as many of you know, I'm not a big fan of short-term rental but I mean, it meets all that criteria, so I would, I'm going to support the application. Mr. Weiner: What was the use of the property? What is it now? Did anybody say that I mean how's it been used? Is it a rental? No, it's not a rental now because it hasn't on our thing here. Currently advertised, it's not advertised, it's never been known for rental, and it's still not registered. 9 Mr. Inman: Okay, now I'm not talking about a short-term rental, talking about rental. Mr. Weiner: 30 day, like a year rental. Mr. Inman: A six-month rental, a year rental. Mr. Horsley: They just bought the piece of property. Mr. Inman: What's been the prior use? Mr. Bourdon: As I stated Mr. Inman, Ms. Denton has just bought the property within the last 60 days, it was a rental, it was not a short-term rental, but it has been a rental. Mr. Inman: Okay, for how long? Mr. Bourdon: Number of years, I don't know? Mr. Inman: Do they know? Mr. Bourdon: No, the previous owner had owned the property for a fair amount of time; I want to say close to 10 years. And it was a rental when Ms. Denton bought it. Mr. Inman: Thank you. Mr. Weiner: Mr. Wall. 10 Mr. Wall: The parking, make this one stand out a little bit more than others is that it does have, there it shows two spaces that are appropriate for this, I believe is two bedrooms, number of bedrooms three. So they need, they need three, three parking spaces, but it looks like there's opportunities even within them in the garage for additional space, and maybe a new possibility even greater, greater amount of parking right there and in the driveway. So it does have that benefit that they would have additional space for parking above and beyond what's required. Mr. Weiner: Mr. Alcaraz. Mr.Alcaraz: All right. Well, thank you. And I know most of y'all know how I feel about short term rentals. And the biggest concern I always have is, and this is there for those that are also applying is management. I weigh a lot on management. I don't know how we can tell if we're going to get management at a level that's going to keep it in harmony with the neighbors. But from what I just heard, she's experienced, I like the layout. I like the parking and I like the screening. It's been offered that some improvements are going to be done on the property.And I'm pretty much confident that this one might be less intrusive than what we've seen and heard of. So I'm going to make a recommendation for approval. Mr. Weiner: All right, we have recommendation for approval. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Recommendation by Mr. Alcaraz for approval, Mr. Horsley second. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. 11 Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. 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 and zero against agenda item number 29 has been recommended for approval. Our last item for the day is agenda item number 30 Andrew Lin, an application for a conditional use permit short-term rental on property located at 4441 Ocean View Avenue unit B in the Bayside District. And Mr. Chair we have the applicant online via WebEx. AYE 6 NAY 0 ABS 0 ABSENT 5 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE 12 Inman AYE Klein ABSENT Oliver ABSENT Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 1316 Cypress Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. When parking option "Plan B," as illustrated in the Site Layout& Parking Plan section of this Staff report, is utilized for Short-Term Rental purposes, the garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 13 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 14 From: Marchelle L.Coleman To: Planning Administration Subject: RN:floor plan requested for STR CUP public hearing Date: Thursday,June 24,2021 3:07:00 PM Importance: High From:Andrew Lin <alin1974Pgmail.com> Sent: Friday,June 11, 2021 6:31 PM To:William N. Miller<WNMilIerPvbgov.com> Subject: Re:floor plan requested for STR CUP public hearing Importance: High CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Will, thank you for your assistance for our CUP STR application. At this time after the feedback from the community, please withdraw our application for our 4441 Ocean View Ave, STR CUP application. Thank you, Andrew. On Jun 8, 2021, at 7:26 PM,William N. Miller<WNMillerPvbgov.com>wrote: Good morning, Thank you for the first unit floor plan. How many units are in the building? Please provide a basic floor plan of the other unit or units. Thank you. Will Miller Zoning Inspector III Short-Term Rental Team Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach,VA. 23452 757-385-5066 (voicemail) ji C.", i ! ,=tiv. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ANDREW LIN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4441 Ocean View Avenue, Unit B (GPIN 15707194030000). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 6, 2021 (WITHDRAWN before the July 6, 2021 Hearing) • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 6,250 square-foot parcel zoned R-5D(SD) Residential District (Shore Drive Overlay). The lot consists of one duplex building; however, this request is only for Unit B. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces for each unit (four spaces in all). The maximum occupancy for guests on-site after 11 :00 p.m. for each two-bedroom Short Term Rental unit is six (12 in all); however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of June 10, 2021 , Host Compliance shows the property as advertised for rent with a minimum 30 night stay. On June 11 , 2021 , the applicant submitted a written request to withdraw this application from consideration. The item was not advertised for the July 6, 2021 City Council meeting and no further action is required by Council for this item. • Considerations: This site lies within the Chesapeake Beach subdivision, which is home to a myriad of dwelling types. The subject lot contains an over/under style duplex building located in the R-5R(SD) Residential District. While the applicant owns both units, this Short Term Rental Conditional Use Permit request is only for Unit B, the first floor unit (the applicant does not reside on-site). In addition, the property sits approximately 400 feet from the public beach of the Chesapeake Bay. The applicant's parking plan depicts three required off-street parking spaces within an existing compacted gravel driveway located at the rear of building. This parking area is accessed through an entryway located along Lee Avenue and is accompanied by a perpetual ingress/egress easement running east/west behind most of the north fronting Ocean View Avenue and south fronting Lauderdale Avenue properties within the block. Although the parking for this unit does not have Andrew Lin Page 2 of 4 ideal access, it does meet the minimum requirements. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, the requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There were four citizens opposed to the request that were present at the public hearing and one letter of opposition was received by Staff. The opposition expressed their concerns with Short Term Rentals in general as well as focusing on the possibility of increased traffic, noise, trash, a perceived lack of enforceability of the recommended conditions, nearby property value impacts, and possible violent activities, such as a shooting the occurred at another Short Term Rental in the neighborhood recently. • Recommendation: On June 9, 2021 , the Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 0. If City Council chooses to approve the request, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 4441 Ocean View Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. Andrew Lin Page 3of4 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Andrew Lin Page 4 of 4 • Attachments: Email Requesting Withdrawal of Application Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department i City Manager: //,, ,. (V 1Sl CITY OF VIRGINIA BEACH AGENDA ITEM .1 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: July 6, 2021 • Background: This Ordinance was deferred by City Council at the June 15, 2021 City Council Hearing. 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 City of Virginia Beach - Short Term Rental Overlay Districts Page 2 of 2 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. 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. On June 22, 2021 , City Council held a workshop providing further guidance on the City Council preferred version of the Short Term Rental regulations. Further details pertaining to the ordinance, as well as Staff's evaluation and both the recommended Planning Commission and City Council direction ordinance, are provided in the attached Staff Report. 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 - PC recommendation Minutes of Planning Commission Hearing Ordinance - City Council direction Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �� Submitting Department/Agency: Planning Department '�� 1 City Manager: Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021 (Deffered at the February 10, 2021 public meeting) 2 sir,,,,, 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 Ordinance REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION ORDINANCES TO AMEND THE CITY ZONING 3 ORDINANCE PERTAINING TO SHORT TERM RENTALS TO 4 AMEND SECTION 102 OF THE CITY ZONING ORDINANCE 5 ESTABLISHING SHORT TERM RENTAL OVERLAY 6 DISTRICTS—WEST SHORE DRIVE, EAST SHORE DRIVE 7 NORTH END AND OCEANFRONT RESORT; TO ADD 8 ARTICLE 23. CONSISTING OF SECTIONS 2300 TO 2303. 9 1SHORT TERM RENTAL OVERLAY DISTRICTS) TO THE 10 CITY ZONING ORDINANCE ESTABLISHING REGULATIONS 11 AND REQUIREMENTS PERTAINING TO SHORT TERM 12 RENTALS IN EACH OVERLAY DISTRICT, TO AMEND THE 13 OFFICIAL ZONING MAP BY THE DESIGNATION AND 14 INCORPORATION OF PROPERTY INTO SHORT TERM 15 RENTAL OVERLAY DISTRICTS—WEST SHORE DRIVE 16 EAST SHORE DRIVE. NORTH END AND OR DISTRICT: TO 17 AMEND SECTIONS 401.501.601,901.1110.1125 1521 AND 18 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5 2 19 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED 20 CODE PERTAINING TO THE REQUIREMENTS AND USE OF 21 SHORT TERM RENTALS AND OVERLAYS; ESTABLISHING 22 TRANSITIONS RULES FOR THE REVIEW OF CONDITIONAL 23 USE PERMITS FOR SHORT TERM RENTALS IN THE SHORT 24 TERM RENTAL OVERLAYS 25 26 WHEREAS, the public necessity, convenience, general welfare and good zoning 27 practice so require; 28 29 WHEREAS, concern has been expressed that the density of short term rentals is 30 increasing too rapidly and that the number of shod term rentals will make the city appear 31 vacant during the off season. and 32 33 WHEREAS. the five(5)ordinances are to amend the City Zoning Ordinance to 1) 34 create four short term rental overlay districts,2)to establish the conditions for each overlay 35 district. 3) to amend the official zoning map with the four overlays. 4) to amend the City of Virginia Beach Agenda Item 2 Page 3 Ordinance 36 requirements for short term rentals in each zoning district,and,5)provide transition rules for 37 short term rental conditional use permit applications and 38 39 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 40 VIRGINIA 41 42 There are hereby referred to the Planning Commission, for its consideration and 43 recommendation the five(5)ordinances attached hereto. 44 45 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 45 BEACH,VIRGINIA. 47 48 That the Planning Commission be,end hereby is,directed in accordance with Virginia 49 Code Section 15 2-2229 to transmit to the City Council its recommendations concerning the 50 aforesaid amendments no later than one hundred 1100)days after the date of the adopt: - 51 of this Resolution Adopted by the City Council of the City of Virginia Beach,Virginia.on the _day o' 2020 APPROVED AS TO LEGAL SUFFICIENCY. Gl. J T City Attorneys Office U CA15135 R-7 October 4.2020 2 City of Virginia Beach Agenda Item 2 Page 4 Applicant City of Virginia BeachvB Agenda Item Planning Commission Public Hearing March 10, 2021(Deffered at the February 10, 2021 meeting) Establish Three (3) Short Term Rental Overlay Districts 2a 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. 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VINI'D IA 1H3V38 yR V1NID2JIA AO A1.10 3H1 3O ll3NflOO A1I3 3H1 A9 O3NItla!!O 11 38 1r R ER wInow os 8speJd L R 5ulua2 pooh pus eJellem lennue6 apusmuenuoo '!tl!sseoau 3ilynd ayl SV383HM R R 01. 0oueuip1O 6 6uhuoZ Apo au! to L0R § :papuau;y uo,R3eS 9 L 12JOS32i 1NO2i3NY33O ONV 9 ON3 HitiON '3AI210 32lOHS 1SY3 '3AI210 S 321O1-IS LS3M - S1DIellS10 AY1213AO t 1V1N32i Vdd31 124O14S ONIHSI19V1S3 33NVNIMIO JN4NOZ A/ID 3H1 30 ZOR NOI103S ON3WV 01 30NVNIO210 NY l 83M01 ONV S3NOf Sel39W3WlI3NfIOO ONV 000M 2)OAVW-3OIA A9 031S311032I aaueu!p.IO Ordinance 43 Such distncts shall be designated on the official zoning map by an appropriate notation 44 following the designation of the underlying zoning district As an illustration. property in 45 the Shore Drive Corridor OMertay District and In the B.4 Mixed Use District shah be 46 designated on the official zoning map as having the classification"B•4(SD)" 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia. on the _ day of 2020 APPROVED AS TO CONTENT APPROVED AS TO LEGAL.SUFFICIENCY: - **4116die—nt k Planning City Attorneys Office CA15136 R-3 Oclooeq 6,2026 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 2b 44\)/3 Febraury 10, 2021 meeting) Ordinance to Amend the Official Zoning Map 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 58`h 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 8 Ordinance REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES ANC TOWER 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 6 DISTRICTS--WEST SHORE DRIVE, EAST 6 SHORE DRIVE NORTH END, AND OR 7 DISTRICT 8 9 WHEREAS the public necessity, convenience, general welfare and goon zoning 10 practice so require 11 12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH VIRGINIA 14 15 That the official zoning map of the City of Virginia Beach be, and hereby is 16 amended by the designation and incorporation of the areas described below 17 18 1) That property located in the Shore Drive Overlay District on the west side of 19 the Lesner Bridge and bounded as follows; Starting at the western terminus of 20 the Lesner Bridge heeding west along Shore Drive to where the Shore Drive 21 North Eastern property line of the property known as 3336 Baylake Road 22 (GPIN 14890972370000), heading Northwest along the property lines to the 23 southeast property comer of 2404 Indian Hill Road(14890918910000t. 24 heading North 50 feet then heading west 82 feet to Indian Hill Road.then 25 heading North along the rear property lines of properties fronting on Rookery 26 Way to the Chesapeake Bay. heading East to the Lesser Bridge as depicted 27 by the attached map labeled"Short Term Rental Overlay-West Shore Drive.' 28 20 2) That property located to this Shore Drive Overlay District on the Gant aide ut the 30 Lesner Bridge and bounded as follows from the centerline of Cape Henry Drive 31 and its continuation north along the eastern property line of the property 32 addressed 2817 Shore Drive (GPIN, 15404016980000). to the centerline of 33 Shore Drive west along the centerline of Shore Drive, then its continuation 34 north along eastern property fine of the property addressed 2800 Shore Drive 35 (GPIN 15903180160000) to the Chesapeake Bay; then its continuation east 36 along the Chesapeake Bay to the western property line of First Landing State 37 Park, then its continuation south atone the western property line of First d8 Landing State Park, then it's continuation east along the centerline Cape Henry 39 Drive and depicted by the attached map labeled. "Short Term Rental Overlay- 40 East Shore Drive- 41 City of Virginia Beach Agenda Item 2 Page 9 OT aSed Z wall epua2'' pea9 eiui0a!A10 Ally oZoz'9 490Po tt►9tra Qq: y1p AauJouti Apo OURJUSki ‘,./7.grr ADN310IAdfIS 1d93101 SV 03A0NddY 1N31N00 01 Sv 03A0tlddd oZOZ ' to Aep a4!uo'eentioA 4aeeg jo A1+0 a41}o ilouno0 a+.ii Aq patdopy t �fl tio--Aetemo towed tuft uogs, patadei dew paupeue ly ayf uo uawys se da►i BuluOZ As!0 ter393.0 eto uo gone se palo+dep pue pu sia JS IIOaea luwiu ea.10 se pauoz'ttagag etuIQJiA W 43 e41 to peleool Auadoid tc41 (t• dtr RV PU3 4IJON'-Aele n0 ieluaa wwat,ttotls_Paia4ei dew Ltr papaya Aq wogs se hails 481► of wog 'heals �f3S pue pB0)1 AiioH to 91, uqPas+e)uI etu jo ssem Deieoat eaie sett tol Idaoxe deyy t3wuoz Atio I stayl0 Str alp uo trans Se paltdap pue ,Sepanp pu3 4UoN ayl ut palepas Auadoxf tetll (F trtr Etr li7 aDueuipa0 Ordinance PROPOSED EAST SHORE DRIVE STR OVERLAY DISTRICT ."7"7C\ . « \ . . yy w2 ' -,«' , . / � � »�� ` °\�� > \ . », 2t < « ` - � ' & . _- s /S®` » : % ^ bcca \ . q. 0 , % . ƒ & . \ § < « - ` \ \ \ / . k a 9 ' a . _ $ { ,- o $ < s « 9 ~ % s • i a . . 2 .. 4 s @r© '` $ g e MY\\/ ® 7 c ƒ $ f 1 \ O ,o ` s « City of Virginia Beach Agenda Item 2 Page 11 Ordinance Short Term Rentals Overlay—North End SiN - S"Mgt 8 f Skt cct t , ` Ezt f coo el 4414 .I 820 Ba • st x 1 r e _ I v • 6.lt ` " Liz;;P---A . ,fi WWI r-- ,,,,,Ay-4-.....* 7ati.;,„,.•-,,,,,,z,....,,-........,-. -..,..i.---::::, 74-'1 . - - c:-?,r ..,,, .,..... , _ ,,.. . ...... _, . ,........... ...,, . rC • Cam~ ,'L�• f i,3t ...,5 •1 may» 1,A i. , . , -T7.74 --'4,440:. 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City of Virginia Beach Agenda Item 2 Page 15 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021(Deferred at the February 10, 2021 meeting) 2c C;,,,,,1 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 16 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 17 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 18 Ordinance REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 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 6 9 Sections Added City Zoning Ordinance Sections 10 2300.2303 11 12 WHEREAS,the public necessity, convenience,general welfare and good zoninc 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 $PIQRT_TERM RENTAL OVERLAY DISTRICTS 22 23 Sec. 2300. FindinQsl intent. 24 25 The_ Virginia General Assembly nas directed that short term rentals shall be 26 Dermitted as a principal use in the area defined as the SandbridQe Special Service 27 [learird In addition.the City CuunGi terebv finds mat there are certain areas of the City 28 rich residential due %1as are. and hhtoncaNv_have been. rented to vacationers or 29 others on a short term baste, In these areas.the C14v Council finds that such use, when 30 FoorOOdately regulated, may be carried on without adversely aff€ictino the adjacent 31 residential neiotiborhoods. In other areas at the City, short term rentals are not 32 compatible with the residential Use of the surrounding orooerties and are often the 33 cause at excessive noise, illegal or Improper parking traffic violations, congestion and 34 libel. thereby interferon] with the siuie1 eniascment of the resirantial_neighborhood in 35 which they occur. The provisions of this Mlds allow short term rentals.with sptiroOrlato 34 restrictions. only in those areas_direcled by the General Assembly andio► in such other City of Virginia Beach Agenda Item 2 Page 19 Ordinance 37 gags In winch short term rentals may be earned on without adversely affecting the quiet 38 enjoyment of neighboring properties. 39 The East Shore Drive and West Shore Drive Overlays are an area where multi- 40 family dwellings are cpmmpn agent located very close to the cheeaoeake Bay. where 41 rentals have been long established. Other areas of the tyre Drive Overlay contain 42 ,.rrixe single-ftmitysfwetlaxws and are not as ootrlis with the axles of a short term 43 rental The Mirth End Qvertsv is also an area on the Atlantic Ocean that his seen a 4a prolffelition of fornwiny ats._and where reottgninnenir dunn9 the summer 45 is a coninon exoenence. th does rid inpmeae the otoltlertts of suer ge s wt.a 4f neiapftborttood. The OR Overlay is in art area of the City that is more urbanized than 47 eater areas._.0 ia1tp.De►ty ally eliffibitshrINVALVe cjnrOpn.and tt re ate jrta 48 neiohbortioods that would be adversely irripactelitwithort term rentals 49 50 Sec. 2301_ District boundaries. 51 52 >j The Short Term Rental Overlay Districts boundaries shall be as 53 designated on the official zonal, map of the city(STR; 54 55 (hi Other identified areas of the City may petition the City Council for an 56 overlay to be created if the identified community is able to Rather the signatures of sixty 57 (601 percent of the ours alit oropertias in the community Such communities shall 58 1_rray_net be creel.* loLthe purpose 0 59 meettn0 the ails_of this section for Sioation of a short term rental overlay 60 Nothing in this section shalLoichibit a member oi_. a City Council from offering_a 61 rg.SQVlr,Qn o►at i , . oR an overlay district, 62 63 Sec.2302. Application of reputations. 64 65 The defamation of any or Deft as Aram within a Short Term Rental Overlay 66 ?i r shad be_In_ addition to. �_not In Neu of, the underlying zoninc district 67 classifrcationpf such oro r. such that erw_Drpperty situated in 0 Short Term Rental 68 Overlay District shall also es within one or more of the zoning districts enumerated in 89 Section 102(a)of this ordinance. All such Properly shall be subiect to the requirements 70 9f this Article as well as to all other relations applicable to rt,and to the extent that 71 pity on2viaimn of this Article conflicts with any other ordinance or reuutabon, the 72 provision of this Article Shall control 73 74 Sc,2303, the regulations 75 City of Virginia Beach Agenda Item 2 Page 20 Ordinance 76 lel Subiect to general requirements and to the regulations Of the underlying 77 zoning distract, all usesand st_ructures_Derindted as Principal, conditional or accessory 78 uses in the underlying zoning district in which they are located shall be permitted 79 within the Short Term Rental Overlay Districts. 80 81 au Short term rental overlay - West Shore Drive, East Shore Drive. North 82 End and OR 83 a Short term rental shall be a principal use if it complies with the 84 rtwiremontti of Sadion 241.2 as modified g§iliQws 85 8E L Add to condition t11. Parkins rej. .Q rn lib 87 this condition #halt not add 20itior al inVervicuta of 88 site. Area within a residential agree may be used for no more 89 than one (1) required wage provided the available area within 90 the garaoe meets the dimensional requiremente_ of this 91 ordinance. Driveway area located within the city right gf way 92 may be utilized to meet the parking requirement provided there 93 Is no traffic impact and the location of the parking twee does 94 not block an existing sidewalk 95 ii Replacing condition (21. No events associated with the short 96 term rental shall be permitted with more than the allowed 97 number of people who may slay overnight (number Qf 98 bedrooms times two (211 on the property where the short term 99 rental is located. This short term rental may not reouests?r 100 pbtait a Speczai Even] Permit under City..C., a Section 4.1 101 (t 102 i►i Replacing Condition (3i The owner or operator must proviQe 103 the name and telephone number of a responsible person, who 104 may be the owner, operator or an agent of the owner or 105 operator who is available to he contacted and to artdrnss 108 conditions occurring a1 the short term rental within thirty (30) 107 minutes. The owner or auerit must be capable of physically 108 responding to the site of the short term rental within thirty (30) 109 minutes at all ernes while the oriai3,lgrtv is rented: 110 iv. Replacing cond(tian (8l A short term rental shell have no 111 more than rifts-two(52l rental contracts during a calendar year, 112 v Replacing condition(111 The maximum number of Persons on 113 the property eft 11:00 p.m and t,.> fore 7 QO a in.("Overnight 114 Lodoers') shall be two (2) individuals car bedroom, which 115 rtymDcr §b$1.t_rg1inc1yits_minors under the_age_pf 16. City of Virginia Beach Agenda Item 2 Page 21 Ordinance 116 that in no event may the total number of persons staving 117 ovemieht at tie Property exceed the number of approved 118 bedrooms muttiobed by three 119 vL While the short tears rental use is active.parking passes issued 120 for the subject dwelling unto)through the Residential Parking 121 PegmtProorarn tRPPPI Shall De limited to two resident passes 122 only Guest and temporary pates through the RPPP shall not 123 be permitted. 124 125 Lci The use reputations of this section shall not apply to short term ente1s 126 within a Short Term Rental Overlay Distrirl that were grahOtaLhered tt 127 time of adoption of the short term rentaLgsslinance,whist properties shalt be 128 subject exclusively to_the provisions of section 241.2. The use regulations 129 of this section shall also not apply Jo short term rentals within a Short Term 130 Rental Overlay District that are operating under the provisions of a 131 conditional use permit, which properties are governed by the oroyrsions gf 132 section 241.2 and the jnditions of the permit Adopted by the Council of the City of Virginia Beach. Virginia. on the _ day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY A-1152 Vlihrlaiv cA4lut.titit)s.42 Planning Department City Attorney's Office CA15116 October 6.2020 4 City of Virginia Beach Agenda Item 2 Page 22 • 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 23 Ordinance REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 AN ORDINANCE TO AMEND SECTIONS 401, 501. 601 2 901, 1110. 1125. 1521 AND 2203 OF THE CITY ZONING 3 ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT 4 RESORT DISTRICT FORM-BASED CODE PERTAINING 5 TO THE REQUIREMENTS AND USE OF SHORT TERM 6 RENTALS AND OVERLAYS 7 8 Sections Amended: City Zoning Ordinance Sections 401 9 501, 601, 901, 1110, 1125, 1521. and 2203 and Oceanfront 10 Resort District Form-Based Code Section 5 2 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 Than Sections 401, 501,601, 901, 1110, 1125, 1521,and 2203 of the City Zoning 19 Ordinance and Section 5.2 of the Oceanfront Resort Distract Form-Based Code are 20 hereby amended and reordained, to read as follows 21 22 ARTICLE 4. -AGRICULTURAL DISTRICTS 23 24 Sec,401. Use regulations 25 26 (a) Principal end conditional uses The following chart lists those uses permitted 27 within the AG-1 and AG-2 Agricultural Districts Those uses and structures in the 28 respective agricultural districts shall be permitted as either principal uses indicated by a 29 "P"or as conditional uses indicated by a "C" Uses and structures indicated by an "X" 30 shall be prohibited in the respective districts No uses or structures other than as 31 specified shall be permitted 32 Use AG- AG- 1 2 Short term rental CX CX Short term rental within the Sandbndge Special Service District"rneet'nr.1 all p p of the regpirement;of Section 241 2 City of Virginia Beach Agenda Item 2 Page 24 Ordinance Shcrt term rental within an STR Overlay District, metino ail of th@ P P requirements of Section 241,2 al.vveltlee�l��S4S ion 230 33 34 ARTICLE 5. RESIDENTIAL DISTRICTS. 35 36 37 38 Sec. 501 Use regulations. 39 40 te) Pnnctpet and conditanel 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 pnncapai 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 o' structures other than as 45 specified shall be permitted 46 Use R- R- I R R- R- R- R- R- R- R- 40 ,30 2O 15 1 10'1 7.5 i6D 5R 5S 2 5 _ 4 i F Short term rental C CCCCCCCCC x 6 X , s ,x x x x ; 2i , A Short term rent*YrSiin the Sendbndge Special Service DIe*ICf.•fneetltte MI 4t thq PPPPP P P ! P P I P reGuirements alliggNon 24_1 2 ! ! Short tern rental within en STR Overlay t District, meeting all of the requirements of P P P P P ' p p p p P l section 241 2 aril.where applicable, Section 2303 47 48 49 50 ARTICLE 6.-APARTMENT DISTRICTS 51 52 . .. . 1 City of Virginia Beach Agenda Item 2 Page 25 Ordinance 53 54 Sec. 601.-Use regulations. 55 56 (a) PrmcOal and conddiona! uses The following chart Lists !Wee uses permitted 57 within the A-12 through A-36 Apartment Districts Those uses and st a ass in the 58 respective apartment districts shah be permitted as either principal uses int&Caled 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 specked shall be permitted 62 A- A- A- A- Usc 12 18 24 36 Short term rental C C G C Short term rental within the Sandbridge Special Service Distract,* p P p p rneF ii31.I(.Qf jhe rpauirgm_pnts of Section 241 2 Short term rental within an STR Overlay District, meeting al;of the P p P r requirements of Section 241.2 and. where applicable,Section 2303 63 64 65 ARTICLE 9.• BUSINESS DISTRICTS 66 87 68 69 Sec.901. -Use regulations. 70 71 (a) Principal and conch-Iola' uses The following chart lists those uses permitted 72 within the B 1 through B 4K Business Dietncte 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 1 1A 2 3 4 Use i ' 8- i Et- B- e- B- ! 8- 4CJ Short term rental X X l X X ' alajai C ' C 3 City of Virginia Beach Agenda Item 2 Page 26 Ordinance Short term rental within the Sandbridge Special Service P P P P PIP P District,' meeting all of the requirements of Section 241.2 i• i Short term rental within an STR Overlay District. rneetrnp i I all of the reeuirements of Section 241 2 and,where IX X X I X Pi P P applicable, Section 2303 78 79 ARTICLE 11 •PLANNED DEVELOPMENT DISTRICTS 80 81 Sec. 1110. - Land use regulation. 82 83 84 85 re) Within a PD-H1 District, all of the pnncrpal uses and structures permitted within an 86 A-12 Apartment District other than hospitals and sanitariums. together with the 87 following enumerated uses and structures. shall be permitted 88 89 (1) Fraternity end sorority houses. student dormitories and student centers. 90 91 (2) Housing for seniors and disabled persons, with a conditional use permit. 92 93 (3) Mannas 94 95 (4) Private clubs or social centers provided that clubs where conduct of Commercial 96 affairs is a principal activity shall not be permitted.ENV 97 98 (5) Residential care for seniors, provided that no more than two (2) employees 99 including a bona fide resident of the dwelling shall be permitted.end 100 101 (6) Home shanng meeting the requirements of section 209 6 102 103 (di Warun a PD-11 DAMS.S.the'following uses snali ae allowed as conditional uses 104 105 (1) Communication towers. 106 107 (2) Family day-care homes, 108 109 (3) Group homes, 110 111 (4) Kennels,residential; 112 113 (5) Religious uses, 114 115 (6) Wind energy conversion systems, free standing and roof-mounted;a City of Virginia Beach Agenda Item 2 Page 27 Ordinance 116 117 (7) Home-based wildlife rehabilitation facilities, provided that the principal 118 structure is a single-family dwelling and the lot is greater than two thousand 119 five hundred(2.500)square feet and 120 121 814044-10crwrergal.. 122 123 8.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 124 125 126 127 Sec. 1125.-Allowed uses. 128 129 Within the PD-H2 District, only the following uses and structures shah be permitted 130 131 (a, Principe;uses and structures 132 133 (1) Dwelling units of the types specified in the land use plan, 134 135 (2) Public buildings structures, and other public uses: 136 137 (3) Recreational facilities of the type described in the plan. 138 139 (4) Child care education centers, in connection with pubic or pnvate 140 elementary schools or churches, provided that such uses shah not be 141 eligible for residential density credit 142 143 (5) Day-care centers provided that such uses shah not be efg:ble f„r 144 residential density credit 145 146 (6) Public utilities installations and substations, provided offices or storage or 147 maintenance facilities shall not be permitted: and provided, further. that 148 utilities substations, other than individual transformers shah be surrounded 149 by a well solid except for entrances and exits. or by a fence with a 1bU screening hedge five (bi to six iti) reef in height and provided also. 151 transformer vaults for underground utilities and like uses shall require only 152 a landscaped screening hedge.solid except for access opening and 153 154 (7) Home sharing meeting the requirements of section 209.6ang 155 156 (8) Burl term rental.velhie a SIR ()with. District mailing_all of the 157 ( M.Lnents Section 230 158 159 (c) Conditional uses 160 161 (1) Religious uses. provided that such use shall not be eligible tot reek:limis! 162 density credit. City of Virginia Beach Agenda Item 2 Page 28 Ordinance 163 164 (2) Family day-care homes, foster homes and group homes, provided that such: 165 uses shall not be eligible for residential density credit, 166 167 (3) Home occupations-and 168 169 (4) Housing for seniors arid disabled persons-and 170 171 (6)Shirt term rentra 172 173 174 175 C RT-3 RESORT TOURIST DISTRICT 176 177 178 179 Sec. 1521. Use regulations. 180 181 (at The following chart lists those uses permitted within the RT-3 Resort Tourist District 182 as either principal uses, as indicated by a "P" or as conditional uses as indicated by a 183 "C' Conditional uses shall be subject to the provisions of Part C of Article 2 (section 184 220 et seq Except for single-family. duplex. semidetached and attached dwellings, 185 buildings within the RT-3 District may include any pnncipai or conditional uses in 186 combination with any other pencipal or conditional use_ No uses or structures other than 187 those specified shall be permitted All uses. whether principal or conditional, should to 188 the greatest extent possible adhere to the provisions of the Special Area Design 189 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 190 Plan Use RT-3 Short term rental 1.7 Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 191 192 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 193 194 . . 195 196 B. -DEVELOPMENT REGULATIONS 197 City of Virginia Beach Agenda Item 2 Page 29 Ordinance 198 . . . , 199 200 Sec.2203. -Use regulations. 201 202 (a) The following chart lists those uses permitted within the Central Business Core 203 D►strict. Uses and structures shall be allowed either as principal uses, indicated by a 204 'P' or as conditional uses, indicated by a "C ' Uses and structures indicated by an"X' 205 shall be prohibited, unless allowed by special exception for Alternative Compliance 206 pursuant to Section 2205 No uses or structures other than as specified herein or as 207 allowed pursuant to subsection ibl shall be permitted 208 Use District CBC Short term rental C X Short term rental within an STR Overlay Distract meeting of of tht P reawrements of Section Z4L2 pd.where applicable.Se 209 210 APPEND 1.•OCEANFRONT RESORT DISTRICT FORM-BASED CODE 211 212 213 214 Sec. 54. Permitted Use Table. 215 • cowRircuu ~now *ow oe1A04E32 Cell faAlLee; late he*.OM10 PsA.ISE PONE NitDMiG Creme wee OrovM 4 OrwaM iiper UM Peer" USE Raw Pen Par ibom pow ibwe *Pam AI Nears nom Idre / alksi Yw•weft - C,.� - C C_ C fee tee Hi 2 1 1 scseumissilP [ t' swarada wpm sr SIP 121=2211 pefAlut�liks kiufuirts 5M1 Adopted by the Council of the City of Virginia Beach,Virginia, on the day of .2020 7 City of Virginia Beach Agenda Item 2 Page 30 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Planning Depninil City Attomey's Office CA161 5 R•3 'amber 6.2020 City of Virginia Beach Agenda Item 2 Page 31 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 10, 2021(Deferred at the February 10, 2021 meeting) 2e 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 32 Ordinance REQUESTED BY VICE-MAYOR 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 West Shore Drive Short Term Rental Overlay. East Shore Drive Short Term 11 Rental Overlay. North End Short Term Rental Overlay and Oceanfront Resort Short Term 12 Rental Overlay and crowding new regulations that would be applicable to a short term 13 rental use within those overlays and 14 15 WHEREAS. the referred ordinances woud allow the short term rental use only on 16 those areas mandated by the General Assembly and in Short Term Rental Overlays. 17 18 WHEREAS, the short term rental use would no longer be authorized through the 19 granting of a conditional use permit if the referred ordinances are adopted and 20 21 WHEREAS. it is the sense of the City Council that special transition rules should 22 be adopted to govern applications for conditional use permits for short term rentals that 23 are filed but riot approved prior to the referral date of the ordinances. 24 25 NOW THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH VIRGINIA: 27 28 Any application fora conditional use permit for a short term rental accepted 29 prior to the date of referral shall be processed based upon the law exrsting at the 30 time of submission Any application accepted after the date of referral shall be 31 considered based upon the law applicable at the time of City Council consideration 32 No application shall be unnecessarily delayed 33 34 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH. VIRGINIA' 36 37 That nothing in this ordinance shall be construed to affect any vested rights which 38 existed as of the effective dale of the ordinance 39 City of Virginia Beach Agenda Item 2 Page 33 Ordinance Adopted by the Council of the City of Virginia Beach.Virginia.on the day of 2020 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: _. Planni Department ity Attorney"5 Office CA15137 R-5 Qgppe*6 2020 City of Virginia Beach Agenda Item 2 Page 34 co 3 NB cria 11 O 3 Virginia Beach 3 DEPARTMENT OF PLANNING 1. H 5' 3 Vf 73 Short Term Rental Workshops Summary * o January 28 and February 22, 2021 H Prepared by:Kevin Kemp,Zoning Administrator O' O .a tn Ordinances referred to Planning Commission by City Council on October 21,2021: C 1. Create three Short Term Rental overlay districts: 3 a. East Shore Drive sv b. North End 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 n 0 D m 07,1 1 I i',, 0_ d iv' CCDf13rip m m 0, w 0 Cn to S cu 3 Virginia Beach 3_ DEPARTMENT OF PLANNING VS O (/t trt —'I 73 EXISTING REGULATIONS WITH NO PROPOSED CHANGES 0 Direction per PC on 1/28/2021 meeting Consensus/direction to REFERRED ORDINANCE ITEM EXISTING ORDINANCE (no changes to Staff following the PC 0 REVISIONS -a Sandbridge STRs workshop on 2/22/2021 ' tri unless noted) N Definition of • Permitted Use. • Same as existing • No change • No Change 3 Home Sharing • Must pay taxes and ordinance 3 register with Commissioner of 'S 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. ['1 cra O 2 )Page ro aq C. 3 d of of * 03 ao ro co 3 01 rJ Planning Commission STR Workshops Summary I11. en • > dv > aa d o ' > ma N 0! 'a 0) c O > vt ar• m e0 C W u C 00 m 00 60 a0 7 > V N C C C C C �a E .0 .0 v U U U U `y d C 0 0 0 0 a u o. «o ; .... Z Z Z Z • • • • ■ C ` a, m C) 00 of L A L 'y u▪C 0 YO >cu d DO m al 01 0/ 0! 7 o 00 N ▪ y y al C C C C C U 't >• 3 ` j .0 L .c .c L E 3 a v u Uu u a - > c. °.' v c �w, •Z o z z c c c c �c_+ N N N N N w a) w a, iu d iu a, aa)i a q c c I c c c m e v C ar C w C d C E '5. E v E v E v fE '6 in o co o In o to o Vi O • . • • • cv ar v v,aaiw v uv a v_ «9 A v o ' E '> - v E' °'o c o • c x t1 E O •o r L v ._ a 7 •> L 0i 7 E io .-' '•- of O c N — W N O u O E e0 E O > 3 L a C 1`0 N IC ai .6. C a 3 ° a o C) ar a m E A N `1 E E '' o c ar c 0 v d 0 .1 A cv y c o oa , as c_ , ` • u EE « • L a '� ae c c E 7 w • a m a o > >a ° c v ri c ° c o o E r v f 3 m a un vi O.Ln -0 Q H .n . a E m N Z 03 03 a • • • • ■ Z a m C M C L C z 3 r, Z "_ c w E • fA y �° x A G c m as c ` 60.0 rn ate+ E U 4 a, o p .L.. L � 7 N G my vl E � ri � daom N Fz a0/C m �i V �i o w v a H ¢ Z F a a W City of Virginia Beach Agenda Item 2 Page 37 ' 1 of Virginia Beach 3 DEPARTMENT OF PLANNING 0 Criteria to be • Must be • Staff proposed to • No change • No Change (!1 Grandfathered registered with administratively —•I the Commissioner remove any e�c of Revenue and grandfather status if pay TOT taxes the property not o prior to July 1, used as STR for a 2018. two year period. • Grandfathering 0 runs with the land • This change was not a and is valid until included in referred V1 STR use ceases to amendment. C exist on property. 3 • Revocation of 3 grandfathering only if overall '< 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. ll 0 co 41 iv; m '+ W ro0o o, U.) ri 00 N S -v a) 00 n w\li3 O 3 Virginia Beach 3 DEPARTMENT OF PLANNING N 0 Violations ■ Violations are a • This was included in • No change • No Change civil penalty. the Old Beach • Fines/summons Overlay proposal; issued,$200 for however,was 0 first violation, adopted by City -' $500 for each Council. subsequent violation. N C 3 3 0 D C m 5I rz S -0 o, a ao w 3 f; Va N S aq O 3 Virginia Beach 3 DEPARTMENT OF PLANNING y1. N O• PROPOSED AMENDMENTS TO EXISTING REGULATIONS C� Direction per PC on REFERRED Consensus/direction to EXISTING 1/28/2021 meeting(no ITEM ORDINANCE Staff following the PC ORDINANCE changes to Sandbridge H REVISIONS STRs unless noted) workshop on 2/22/2021 0 Establish • No overly districts • Establish three Consensus Consensus an Overlay currently exist overlay districts: • Permit STRs in OR and • Permit STRs in OR and N Districts East Shore Drive, RT zoning districts by- RT zoning districts by- O North End,and 3 right right. Oceanfront Resort 3 Other PC discussion New STRs prohibited outside of overlay • In proposed Shore districts •G 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 I • Overlays as referred by North End STR City Council Overlay.STR requires a CUP.Cap density of STR at 15%. O 00 < rt. ao 6 I P a_ S' -ocrq n� v CD rp rD CD O r.) i7q 0 Virginia Beach _3 DEPARTMENT OF PLANNING N 0 Requirement • CUP required for • CUPs will no longer • Allow administrative • No Change from first (II for a any STR that is not be considered for approval and review workshop discussion 73 Conditional 'grandfathered'or STR use. every 5 years Use Permit located in the • STRs permitted only • If violations are found 0 (CUP) Sandbridge SSD if located in a to be detrimental to (State legislation). proposed overlay neighborhood,brought N • Must meet district. to CC for revocation by standards of Planning Director section 241.2. 'a • Must pay taxes V) and register with COR. 2 Parking • Required:One • One off-street per • No change in parking • No Change from first 2 Requirement space per bedroom required. requirement workshop discussion —t 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 D < 00 7IFagn ro � 7 — a v iv tD CU F+ N S ai ota n 0 3 Virginia Beach 3 DEPARTMENT OF PLANNING Vf 0 Inclusion in • Not included in • While STR is in use, • Move forward as • No Change from first 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 "S Program applicable temporary passes vi (RPPP) properties.) shall not be permitted. .a Special • Special event • No events • Move forward as • No Change from first Events permit required associated with STR proposed workshop discussion to for gathering with with more persons more than 50 than maximum people.(Permit occupancy. through Resort • STR may not request - Management a Special Event Office) Permit. • No event may exceed than 100 persons. • 3 events allowed per year. 0 D < ai a• � moo, iL CU CO ro ro ro 4 • ri N Planning Commission STR Workshops Summary a, yA '' C O E 7 E O u O` N a, .O OD O. OL O. C O C O T C IC .0 N U Y U Y z 3 Z 3 I O N N 0 'O E N wE S a o m ma c c .tN CN ' N >. E ° ° o A c. v c 1 > `a o v aS o f ,o a ,, > v c o c ad c a o c a2 I-U c pi o o a Ea _ o N °C 'Cn nc a . — �c > .- 0 - 0 . . a, E o 4 Fa) o o c o a c a c c m o L c o h = o o a a a N t E .c c . o ` . z c v E a cc E' 3 o61c m 3 °u 3 2 v a¢ .-+ a A 22 W C E O C N to to E 'c Lk' `—° a o c as m y c m aa,, io E a ' t u a O O A m N m c a, 3 N d O „ 33 .c a c C N _C a u Y +O. O '2 0a/ 6L1 45 O i t N 7 V, .N C O c C . a :S o n.n A 3 = E t 2 E z °_' v i -O N C N co C c .0C _ g vi C a c o o N C `o o n d 7 y O L c L a, Z„ D C O C t., E c a 'm a�i m c ; . a H 0 2 O ° n m y ar > N 3 - N c o o c c a C C V a 0! Vi �' a, V O C V V O W O . E O-jo u a, " co ` D O a, u C 7 N O C O L IC O C U T O ," -: O C a ...' ouE ° aEzavv,, zvo.i. v �' rn0E ). . • o a, E % a o4 60,v 5• o ca�' a ` E . 6 ,o ,,, C C CO as r •� z — j � a z CC kJ W City of Virginia Beach Agenda Item 2 Page 43 T1 \/33 ao n 3 Virginia Beach 3 DEPARTMENT OF PLANNING V7* N 0 Maximum • Total occupancy of • Total occupancy of • Move forward as • No Change from Occupancy the home between the home between proposed first workshop —1 permitted the hours of 11 p.m. the hours of 11 p.m. discussion C�C and 7 a.m.shall not and 7 a.m.shall not exceed 3 persons exceed 2 persons per per bedroom. bedroom. (Example:3 • Persons under the bedroom home= age of 16 shall not be 0 max occupancy of included in calculation 9.) above;however,in no VI • /'Conditional that case shall the total has been used as number of persons 3 per City Council exceed 3 per 3 Guidance:Total bedroom. occupancy not to `G exceed two persons per bedroom (Example:3 bedroom home= max occupancy of 6.)] l7 0 —r, < rD � 10 1'al:p 5 v co iv N a0 rD rr . NJ S v Alf3 00 n 0 3 Virginia Beach 3 DEPARTMENT OF PLANNING N N 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 77 state law, signed affidavit Sandbridge discussion interconnected (annually)stating the smoke detectors following: and CO detectors • Fire extinguisher N (where applicable) installed and location; S required. • Smoke detectors and 0 CO2 detectors in 'a compliance with LA Building Code(if prior C to interconnect req., 3 min.of one per floor) 3 • Smoke detectors and —t CO2 detectors < inspected annually. Deck Safety 1 • 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 n r: 0 m111Fare = C• IZ 5. 0) ia (D 2al A n l!1 N S vo Virginia Beach 3 DEPARTMENT OF PLANNING 1/f O placard displayed at professional(Class VI the property. A or B). • Occupant load must be noted and put on o a placard displayed - at the property. y� Time • CUP shall expire • Same as existing • Allow • No Change from limitations for after 5 years. ordinance. administrative first workshop Conditional Use • CUP may be • CUP may not be approval and review discussion �+ Permits administratively renewed every 5 years N renewed by the administratively by • If violations are Planning the Planning found to be Department. Department because detrimental to • Zoning will notify no longer an neighborhood, 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 r« 0 ITO <. 12(Page m 011 I2 5. p' �. oI — d0 rD 3 n 01 N 0) o VB as n 0 3 Virginia Beach 3 DEPARTMENT OF PLANNING N• t/1 0 PROPOSED EAST SHORE DRIVE STR OVERLAY DISTRICT N -•I 70 0 X' to S �rC Direction per PC on 0 1/28/2021 meeting(no Consensus/direction to in OVERLAY DISTRICT Staff following the PC changes to Sandbridge workshop on 2/22/2021 STRs unless noted} 3 ,a • Change southern 3 ^'",-. " ; boundary of su 4 4 t f proposed overlay to '< • t* "? ; o"� Shore Drive. s 1 ; - East Shore Drive STR • Cap density at 10%of 1 i 5 ^oM, • o N' o, . dwelling units in . v f overlay. no-. . 3 la. �.$ • Allow STR by CUP only, n 4- 0 m C IZ 3. -0 a E. m) , U° Y o7m n -I IV 7" nu d ca NB n 0 3 Virginia Beach -. DEPARTMENT OF PLANNING II 0 (I PROPOSED NORTH END STR OVERLAY c� C O ee t in soh "7 %� e� vie 0 ° tr Direction per PC on sii Consensus/direction to Staff VI DISTRICT 1/28/2021 meeting(no following the PC workshop O changes to Sandbridge STRs 3 unless noted on 2/22/2021 tn • include"The Hollies" �1 11 . lv `: -' Include area known as"The • Allow STR by CUP only. •< Hollies"bounded by Holly ■ Cap density of STRs to sil \'\,t4it North End STR Road,49'h Street and 45th 15%of dwelling units in p 1,11 street into North End STR overlay district. list "_.i Overlay od;P •% + b 1,. • • o'er ,,, C�^ �jjyx � gTTTT i % t n rt O rD 7. Q 5. ET ay a i ru rD A n 00 NJ S Planning Commission STR Workshops Summary to ..-' o t of u v N c m c 0- "I' ti rev or 0. C C re• N N O L Y Z 3 O w U ■ M CC O F- r 4' (..; c — T c . a 'v L .0 ° o `._ v _c) t • c — 0 N V) E v a > — v N v n o M co a_o O N Q (5 v~i Q ca — cc ■ ■ W o z 1— cc ~ U C 0 H 2 = F o k^ O v) p w w Q, I— J c Z Liu O > LL O: 0 c LL ro Z ad Q 0 w U O _ p II v) o n. — ,_ to-r- _—_ . .. ...........- ..., •..,...—; • 411.1"."----------- - t—A f 0 z ,. Qjoill, 7...„, i co 0 _ z 7 4 A :el % a W 0 City of Virginia Beach Agenda Item 2 Page 49 ao n 0 3 Virginia Beach 3 DEPARTMENTOF PLANNING Vf. N 0 THE HOLLIES (CURRENTLY NOT INCLUDED IN AN STR OVERLAY DISTRICT) 0 Vf 0 ":;•, ;; i Direction per PC on ,ee`_. 1/28/2021 meeting(no Consensus/direction to Staff 3 OVERLAY DISTRICT following the PC workshop 3 changes to Sandbridge STRs sx�°st`�i+;• 1 unless noted) on 2/22/2021 t S+;eo to‘ 5�s Vie, • To be included in the 'gym‘" The Hollies not currentlyInclude in the North End "North End STR Overla I 1 -• sheet � , y +ert T.- included in an overlay STR Overlay district • Subject to density requirement of entire °o overlay e., n Q < a) ao 16IP;, . Q 5' v v cm to n O N 17 ai Z //13 Z cm n 0 3 Virginia Beach 3 DEPARTMENT OF PLANNING {/I. H_ 0 Z AREAS OF THE CITY CURRENTLY ZONED "RT" RESORT TOURIST CO 73 O I tn e;;•i ,f,-".a -Rta (n v.J a / ,.� a.� a7 Z, r a� .{�"',11��to - — — �^ r' '� L___.�°' Direction per PC on .:. Consensus/direction to Staff 3 , ,a„s„}t,a0• 1/28/2021 meeting(no Cu OVERLAY DISTRICT following the PC workshop —I :x14 04.` changes to Sandbridge STRs on 2/22/2021 F"41b ,fit , ^ unless noted RT ZoningDistricts not STR permitted by-right. • No Change .,» �' • 2 rental contracts workshop discussion -' currently included in a STR permitted per 7-day overlay J period. sA*" n r? 0 /M m 171PoF0 D Q 5. 0) El Cal ^.* W oil n) m n7 0) Ui n I-- NJ 3 Planning Commission Recommendation 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 1"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: dif Z-� Planning separt 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 Her -fie 20 , 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 Saps- #ee 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: ij\Lc.)L;6S Planning part nt City Attomey's Office CA15117 R-7 March 27,2021 2 o \o � 'f? 4$4Nt1,'\...: \,\‘ e.- , v _'% gypp .,\,,,* . 6‘Ce_ ' \\ 1\' )c \, ', .:ji -- \\n4,,, ', .:" '.,-3 \1( .1. ' \ *9-7: • ,--' \V16._.\''..... \\:_„:1(\v,11,.,;z:,,..:-..\,014.\.\_f--..1\.v.:16',,.`,47:_-_,-rv.f.,__A:' \\ '' A.5%%' ' ' - ; , '''' '- 1, 4 ' ._ -1.-c,-6-4ir.\_i_vv-'4 , .vit• - . , , ? t.Thico-,,, ,ii- \ , ,v--- (� ,.. , a- r. � v- i. A0 \ --,- )s, . 1 \AI 4 ..-- *O. .---;..-----;-c \f,„ to N \., - '2-it - \--- -41:-- - \' .30° 'a -'-' It! —...-44. ,, -\\\. _c_st.c.--?_ \\,... iii �_ •,'obi ',,, A° ,i, ,,, ,TA - . „,,...,0,, ,-s aa, a .0 --:•:--. 0:2\' _ . , `, :3 .c -0\ . - ' ;1-. . V) . sY\ ‘uv .. ---*1 was \ ~� , \ \. I _ ' \(/ 1 � "' ' lash o ° v z+v, CO _ . Short Term Rentals Overlay: North End CB h�h ' " N 'Jd11 v ' g, W E i " \ ' , $Brd p•ys ' '„kv.-S\i'' \ -It S, •'• VY• Stre all, '" l t. I 1. , .-;,, ':,." -\ ' \ ... • y-q• „or ' • . 1` V • � ��11f'OV.� s off; 1 _ -GoodsPcon,•- -,, "--'�f'li`r Ise s �,g. /% iiii +emu►�:�1i - i -tipii� ,/- `,,, �t y- , Imo",, , 3 . - mHtVIll�t ril/ Malls,. otAli • /ltl �j/ l� �•' 1 11111l111111ttlilllt"_ • ,_fart; -•r-- r I Iltee'�'�Iit1i:l,�lt1111, Z .... t" ." R . 'agott '•y� -�� E $ �•` cavalier Dr i ae . b o 13 ,,jr6 \ 4,-,.... r. 4.1.- , of L t Al60111111111110 , • ..1 \ —. V. Zs St m 0 Li invell 111P1.11111 z a WV'$t f .,$IZ 91 leur Ut ,._ _\ Vir .ea ed it 4 ss .K r isa,,t n Mil 4 t .iLviii iIf1 • 4.. IP! Oceanfront Resort District Boundary N v OrfOIIe L.r�Ern,Airbur DS,USGS,NGA,NASA,CGIAIr,N Robinson, A LEAS,NLS,OS,NMA,Geode atyielsea,Rglowatetrost,GSA,Geolnd, 1`,l.\,Into map and the GIS user community,Sources.Pi i,HERE,Gamin. 20 20 Vlr ifNe Beach AQ NOAA,USGS,OOpenSteeetMap cootnbutoUser,and the GIS Us C 9 ommrity,City of Virginia Beach Department of Pluming&Community o 02 Q+�. ,e elopm�City of Virginia Beath Center of Georpatal Information Mt cr.ico Coordin*te Syne=NAD 1913 HARN StalePlene Veeginiie South PIPS 4502 Peet CC ft p 1 O p -Yi .6 ' .n z±.....:.. ti ti 1' ....,:i i t ..% A M a j it kill' It J v; V r tY a r, ¢ L rP ''. :t 0:.., ta till !II • til• ii n 1, a .V'..I.vA y: . •f Q' , Q ! yr .a li , . II 1 F r r+ i -r Y 7 o - i cill l• -. • a y K9 CC S , ` Q /l \ 10 o 6. _ * 4, v.. c t glailLt21 tf,"‘*1141 I e • riAi to ... .A .- L.aw • .. 1 ) ‘ h .n Q r. 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Ø 4.5 .•-0•N 14 ‘ . titaiow 4 RCS `C . 11. � - 1, • . \: , R SS i:10 1 ' Ui � � ' I. A3f ( �', iI\1Ej .11 OR i i',� AP • i .. . 1111�1 R 0 0110 t:•7•71- /774 R7.6 R?; 7- .. h._ / lit d o jbl", oning 4 'Ft7-.5 4:7 a ) eRT1 1 .. • A 2 . RT4 � .1 ' UR coi f .. Street oft oft 1011 . ii.---0 II Th ic (1A 1 �N , e �. 1 i oA ;. OA 00 Alt'�S OR ~� ok t� OR Hit 1a 0R RSS HL 1 _.� f. olraz 1.7P-P- . s,we , 0 -1 , . iR T"Sn'1 t-5 oR 11 i RSD @ ,c i . F�tSb F r 111 RS,y F iC f - 1$00,1,11 t►� __arcullOi 06 114\ off it ,L A24 1` iimiiiiir5 ' ® ` �.� Uk A.4 , II _ 1 I fey} I v___. Norfolk Avenue --a A1cOR " \ to................/iii 1 i.A IV iiii.1',*-11, r , t '4 kc. }' VIS4 0'3' ,SS lit Zoning ii'•.. 110 iiSS. RT1 RSK k�• HAS A RT3 Wra \:, Q7� �e Rfs k .. H A________.) 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Imp Sul/mlio% ayl -seen ieuoprpuoo Pus jedpuud (e) 9Z 9Z •suo!';e!nBal con •1.0ti'388 irZ £Z sioi iisia iv innlnofaov- '1►31311t1d ZZ LZ :mom se peal of 'peu!epioas pue papuawe Agway ale epo0 OZ pese8-u,uoJ lolASMO 1aO21 1UO4U8800 841 Jo Z•9 uogoas pue aoueu!pJO Bu!uoZ 'IIO 61 84l Jo£OZZ PUe LE91 'LZ91 `1091 19Z L 1 '0111 '106 '109 '109 'LOP suopoeS 1e41 81 LL :V1NIOHIA 'HOV38 91. VINI021IA AO A11O 3H1 AO lIONl0O A119 3H1 A8 03NIVO2iO ll 38 91. trl `ai!nbei os eo!loedd El, Bu!uoz pooh pue eie;lem!e.iaue6 'aoua!uenuoo 'A;lsseoeu ollgnd ayi `Sd3213HM Z L LI. Z'9 uor oss (WO pese8-uuo j lolAs!a Uosed;uoAueeoo 01. pue £ozz pus L£91 'Lz9L '1091. '011. '0111 '106 '109 1109 6 'LOB' swipes eoueu!pa0 6u!uoZ A1!O :pepuewy suo!loeS 8 L SAVIN3A0 ONd S1d1N31J WZ1311ZIOHS 9 AO 3Sfl ONd S1N3113111f1O3ZJ 3H1 01 ONINIV1113d 9 3009 a3sv8-mod 1ORIlSIO 12iOS321 1N0ZIJNV300 P 3H1 AO Z'9 N011338 GNb 3ONHNI0210 ONINOZ AJJO3H1dO£0ZZONy 1£91 `1Z91 '1091 `9Z11. `0141 '106 '109 1109 'LOP SNOIL3 S ON31AIY 01 3ONKNIO IO NV L NOISt13A NOIS811%1O3 ONINNV'ld 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 20115 10 7.5 5D 5R 5S 2.5 Short term rental CCGGG C 6 C 6 X X X X X X X X X Short term rental within the Sandbridge Special Service District* meeting all of the P PP P P P P P P P re_uirements of Section 241.2 _ 1 Short term rental within an STR Overlay !District, meetinc all of the requirements of P PPPP P P P RP ;Section 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 GGGG X X X X Short term rental within the Sandbridge Special Service District* PPPP meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the P PP P requirements of Section 241.2 and, where applicable, Section 2303 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 B- B- B- B- B- B- B- Use1 1A 2 3 4 4C 4K Short term rental X X X X X X X 3 pus :palunow--ow pue 6ulpuels Dag iswelsAs uo!s.eAuoo A6ieue maim (g) 911 1711. :seen sno!6!leZ! (g) £11 Z11 :le!luep!se `sieuua}i (7) 1!•1, 011 :sewo4 dno10 (£) 601 801 :sewoq aieo-Aep i(IIweA (Z) L01 901. :51aMO1 uogeo!unwwoo (I.) 901 :seen leuog!puoo se p$MoHe eq !legs seen 6u!nno!lol 941 'lo!4s!a 1H-ad a U!43!M (P) £01 zo1. '9'60Z uogoes to sluewallnbal ayl 6u!laew 6uuegs awoH (9) 101 001 pue :aan!wled eq pus 6wy9Mp ayl to lueplsal epy euoq e 6u!pnpu! 36 see o!dwe (Z) OM) ueyl aloes ou 1e41 pap!AoJd 'sJo!ues 101 aleo le!luep!se I (9) 86 L6 pue `peU!wlad eq lou Heys Ai!Alloe !edpu!1d e sl s1!ege 96 leloiewwoo to pnpuoo 9101M sgnlo 1e41 pep!noad Sla)Uao leloos JO sqnp aleAud (V) 96 176 :seuueLN (£) £6 '1!w.ied esn leuo!llpuoo a 4 'suosJed a es! Z6 p lq p pue s1o!uas 1o16u!snoH (Z) 66 06 :slelueo luepnis pue seuopwlop luepnis 'sesnoy Aluolos pue Allwle13 (1.) 68 88 :pe w.led eq Heys 'sawnpruls pue sesn pelelawnue 6ulMol!ol L9 ayl yilM 1a41a6o1 'swnuellues pue slepdsoq ue4l 1a43o puls!Q luew.iedy Z 1-y 98 ue u!41!M pa}3!w.ied salnpruis pue seen ledlouud ayl 10 He `1o1Jis!Q 1H-od 8 ul41!M (0) 99 178 £9 Z8 •uol;elneai esn purl - •ob66 'oeS 68 08 Si�1211Sif7 1.N30JdO13A343 a3r1N' ld - 'L6 3131111Y 6L 8L 5 5 5 £0Ez uonoas 'algeo!ldde X X X X O84M 'pUe Z'6IPZ uo!pas to swewallnbat asp lto ile bu!leew 'plgs!Q AspeAO a's ue u!gl!M leluaJ uual pays d d d d d d d z'«z uolloeg 4o sluewalinpel ay l011e tu!)eew 4*o!ns!0 ao!A1as leloedg e6ppgpueg e41 u141!M !eluaJ wlal 31oyg `1lpaao Allsuep ienuep!saa Jo}aiq!6!Ia aq lou !legs sasn Z91. Bons leg! pap!Aoid 'savoy dnoa6 pus savoy aalsoo :savoy also-Rep Aliwed (Z) 1.g1. 091. !Wen kisuap 691. !enuapisaa aal alq!6!ia aq Tau !legs asn Bons leg! pep!noad `sasn snol6!laa (i,) 99 L L9L •sasn ieuo!jipuo9 (o) 99L 991. pue49'60Z uolloas;o sluawaainbai ayl 6u!laew 6uueys acuoH (L) 179 L £91• :6u!uado sseooe.ioo;deoxa piles 46pag 6u!uaaros padeospue!e ZS t �Siuo aalnbaa !legs sasn am! pus salllipn punoa6aapun aoj slinen aauuoJSU 4 1.91. `osie pap!noad pue :1y6!aq u! ;eee (9) x!s of (g) ang a6pay 6uivaaaos 091. e gliiv aoual a i(q ao `sl!xa pus seouealue ao; ldaoxa p11os 'Hem a icq 6171, pepunouns eq Heys `saawaoisueal lenp!A!pul ueyl aaylo `suo!lelsgns samipn 8P I. lsyl `aaypnf `pepinoid pus :pauluuad eq lou !legs soups; aoueualu!ew L174 ao a6wols ao sa3110 pap!Aoid :suoilelsgns pus suol;ellelsu! saran o!lgnd (g) 9V 1. 9171• :llpaao Al!suap ie!luap!saa qr,L Jo; algi6!!a aq lou !legs sasn Bons ley; pap!noad 'saaluao aaeo-icea (g) CV 1. Z171. :llpaao k!suap!eguaplsaa ao;a!gl6ya 1.17L eq lou !legs sasn yons ley! papinad `sayoango ao slooyos Aaeluawaia 0171. alenud ao o!ignd yin uo!loauuoo u! 'walua° uogeonpa aaeo pl!yo (17) 6£ 9£1. :ueid agl u! paquosap adk ay;to sa!l!1!oeJ leuopeaaoali (£) L£L 9£1• :sasn oiignd aapla pue`samloruls `s6u!pl!nq 0!1gnd (Z) 9£L 17£L :ueid asn pue! ayl ui pag!oads sadk ayl;o spun 6u!Hama (1.) E£L Z£I. 'sawn;oru's pue sasn IediouUd (e) 1£L 0£1. :pau!waad aq pegs saanlaru)s pus sasn 6u!moiloJ ayl Aluo 'lou;s!Q ZH-ad ay9 ulyl!M 6Z1. 9Z 1. `sasn p8N1OlIV- 'SZLL 'oeS LZL 9Z1. . . . . 9Z1. 1YZ 1. 1.3I i LSIa tN31bd013A3O 11Nfl O3NNV1d ZH-ad- '8 EZ L ZZL LZL OZ aal aaenbs(009'Z) ! puny ang 61 L puesnog) oMl ueyl aaleaa6 s! lol ay; pue 6u!!lamp Itilwe4-al6uls a s! aanlonals gL L ied!ouud ayl )eyl pep!noad `sa11!i!oel uo1.e1111geyaa a !ipl!m peseq-awoH (L) L L L 911. 9 16L 'suol a nBa i Ben •6Z'S 1.'°S 96 96I. • • • • 176t• £6L .OI LLSIO .SRifO112145311 £-.121 '3 Z6L 161 . . • . 061 691 -T EO£Z UO.fOGS 'eigeoudde a t014M'Pue Z•tvz uopee}o s4uawaainnaa aw 1 Jo He bugaew '}ou sEQ AEJJeAQ HIS LIB WilJM IeluaJ Ewa;WINS _ I X }e;uaa uWl PINS L-12i asn 991- 'sawlap}nO u6}sad L96 eery lJosaa luo. ueeop aE}3 jo suo}s}noad aq of a aype atgissod lualxe ;se;eaa6 991 ayl of p}noys 'JeuoPipuoo Jo iedpuud JaylagM `sasn fed •pall}wJad eq lleys 991- pa peds asoLp ueyl Jew sa.Inlorws ao sesn ON •(tas uoloas) Z GRIN 1791 jo 9 Iced o suolslnoad rip of loafgns aq Heys sasn }euouipuo0 •Q e,tq paleolpul E91. se 'sasn leuo>lipuoo se ao Ndu a Aq Palea!Put se 'sasn ledpupd Jayl}a se lo}als►a Z81- lsunol W,osat} -la eE ulywa pa3}wied sesn snow slsll patio 6upnollo4 BELL (s) b86 081- 'Suollein8ei esfi 'LOS L 'aeS 616 911• LLL 9LL 131/i1SIO 1SRif1011>dOS321 1-121 '3 911. 1711• " " ELL ZLI. Tom uolpas .emeoliooe aaa1M 'pus Z'ttz wipes Jo sluatua!}fOaa LLL aye Jo pe buaaaw Ptalsta Aela9A0 als a upum }equal Waal goys (91 0L 691 ` 891 L9L pue `=suosaad palgestp pue saolues aoj 6uisnoH (tr) 99 L 99L Se 'suolgedn000 awoH (£) 1'9 L £9 L 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 C-X Short term rental within an STR Overlay District, meetinq all of the requirements of Section 241.2 and. where applicable, Section 2303 208 209 . . . . 210 911 C. RT-4 RESORT TOURIST DISTRICT 212 . . . . 213 214 Sec. 1531. Use regulations. 215 216 (a) Principal uses and structure: 217 . .. 218 219 15) Short term rental within an STR Overlay District _.meetinc all of the 220 requirements 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 O X Short term rental within an STR Overlay District, meeting all of the 12-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 I DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING OrourW — US Floor Ground All Ground Upper Use a$Standard USE Meer Ft1t_ Floors Floor FHeas AN Floors A M ineeis ot WOOING Short term rental — C= C. — See Sec.2412 " Ism _ . P E E E }Sea Sec.2412 • n and 2303(cl. in 211 end. • .Section 2309 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 1L- 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 sign._gosted on the building, or other permanent structure approved by 42 the zoning administrator, visible from the public street, that which-identifies the property 43 as a short term rental and ::rovides the telephone number for the responsible person in 44 text large enough to be read from the public street. Architectural signs naming the 45 structure are excluded; . ; 46 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 stating 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) all smoke alarms and 2 L ZOZ `9 IUdt/ 9- I 9L Lg LvO eol};O siewouy A119 ;u wpede Buluueld - v :AON3,O1dAf1S 7vo31 Ol Sy a3AOaddb :1N31NO0 01 SV 03AO21ddy •LZOZ 40/cep sly; uo 'epup6iln 'yoeeg elul6Jln ;o Apo ay;to 1pouno0 ay; Aq pa;dopy 9ZL •s0Jn}onus asay;jo lane! !Pee tqL uo pa;sod eq lsnw seiuooleq pue saywod 'sipep 's�eniule;s Joua;xe !le s;uedn000 £ZL �o Jagwnu wnwlxew ay; bul}eolpup spieoeld pus samxu;s away; Jo !anal yoea uo ZZL pappuuad s;uedn000 jo iegwnu wnwpxew ay;e;eolpul ;snw podaa syl esn iay ekes we L Z L pue `uogoadsul yons wiojied o; palpienb rieuolssa;oid ublsep pesueog e Aq pepedsul OZL uaaq aney sapuooleq pue seywod `s)pep 'sAeMne;s Jouapca lle bup;eolpul sJeen (9) 614 anIJ AJana a h;p ay;o; pepinad eq Heys pods,uop;oedsup Alejes leJn4oru;s v (LL1 En!, LLL pus :sepoo aellwls 91,L Jey;) Jo aig '6upuoz '6upsnoy '6upplpnq ,cue ;o suol;elopn JO suonipuoo s;p ;o suop;elope 91.1. 's;uleidwoo pooy.iogy6lau;o pafgns ay;uaaq say b1S ay; wayM a Jo;;;uued asn leuoippuoo Aue }o leMauw ay; o;Joud 6uquM up 1punoo Apo ay; ic}p;ou Heys ;uewpedep E L I. 6upuueld ay; 'JanaMoy :;uewpedap 6upuueld ay; Aq pauuojied pue anp;euspupwpe Z1.1. aq !um }load asn leuompuoo ay; 4o sseooid leMau0J ay' •uop;dope ;o amp ay; wog L.1.1. sieait (9) ang aipdxe Heys sle;uei w.ia; poys Jo; panssl spwied asn leuop}ppuoo lly (91.) 01.1. 601, :6uueaq ay; o;Joud sXep(91.) uaa l;;seal ;e u9n16 aq go L Heys ulway; paquosaid se aop;ou uapuM ;ey; 'JaneMoy 'papinoad :jOZZ-Z•g L § e1ul6JJ1 LO L ;o apo0 ul pappnwd se 6upeaq pue eol;ou aa}}e i(padoad a ;o wimp paaay;e;pueJ6 901. JO ;luuad asn leuorppuoo ay; Aew llounoo Apo ay; `pegsp;es Ja6uol ou eJe sn;e;s 901. paJay;e;puew6 ao; suop;lpuoo ay; J! Jo Awned esn leuompuoo e up pesodwl uor puoo VOL e Jo uop;elopn a :uop;oes sly; ;o suopspnoud ay; }0 uop;elope e ;o aouaun000 ey; uodn COI `aoueuppJo 6upuoz Apo ay;jo suouelopn Jo4 elgellene se!pewaJ aay;o o; uopiJppe ul (9L) Z0L L 0 L :sle;uan uua;polls se peldn000 Jo pesn eq Lou Heys seinpnus tiossaooy(VI) 00 L 66 :suogoadsul away; u.uo}nad Aew JO OeJ;uoo;uepuedepul ue Jo `eeAoldwe sly 86 `JeuMo npadoJd e41 'JapJw buppoM poob up aye pus'sy;uow Z L ;sap ay; uly}IM peloedsul L6 uaaq aney siopa;ep epixouow uoq.ieo pue suLele mlows lie (£ swow bUldeels He U! 96 algppne eq 'pe;eA oe ueyM pue wool bupdaels pe o;;ueoeipe sews ay; ul pus amonus 96 ay;;o J009 Aisne uo palle;sul waele allows auo 4o wnwpupw a aney ;snw s;uaw0JpnbeJ 176 uogoeuuowew! o;Loud pepru;suoo spun •pepeuuowelup pue uogoru;suoo;o awp;au};e £6 page ul epoo buppipnq ay; y4M OOUepJ000B Up papa;sup ane s.iope;ep appxouow uogieo 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 Sec. 2300. Findings: Intent 24 25 The Virginia General Assembly has directed that short term rentals shall be 26 permitted as a prIndpal 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 a Dropriately regulated, may be carried on without adversely affecting the adiacent 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, congestion and 34 litter thereb: interfering with the auiet enjoyment of the residential neighborhood in 35 which the; occur The provisions of this Article allow short term rentals, with a•,oropriate 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 affectin the quiet 38 enioyment of neighboring properties. 39 The East Shore Drive STR Overlay is an 40 area where multi-family dwellings are common and are located very dose 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.continuinq 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 chance 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 existing as of November 2, 2020. 59 The OR STR Overt : 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 f The Short Term Rental Overlay Districts boundaries shall be as 68 designated on the official zoning map of the city (STR). 69 70 al Other identified areas of the City may petition the City Council for an 71 overlay to be created if the identified community is able to gather the signatures of si;:,x. 72 (60) 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. Application ofrepulations. 77 2 1.-i►wipes epo9 Ain Jepun maned luen3 !epee's a ulelgo L I.1. 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OLIM 1uebe Jo J0l9J0d0 'AMMO a43 eq new OZ L oqm 'UOSJad e!glsuoasei a 4o Jegwnu auoyaele) pue eweU eyl 61.1. aplAOJa isnw JolaJado 10 AMMO ayl :(E) uoll!Puoo bupeidaN 'I!! 91.1. of-a 91.I I.VO e0g40 sAewoi}y AG!O 3UGUpede 8uluueld —177 / :A0N3101ddf1S 1VD31 01 SY 03AO2fddd :1N31NO0 01 Sb 03AO2IddV 'L ZOZ ` jo Aep eyn uo `elul6JJ Noseg elu!BJ!A Jo Ail0 ayi Jo i!ouno0 eyi cq peedopd luuea etp po suo fl puoo eta pus Z•«Z uonoes to suo!s!nad E9 L etp Kq peweAoa we sagieaaa yo!MM muted esn !euoq!puoo B Z9 6 �o suo!s!Aad Jepun bupejado we ietp pp s!p ,\euaA0 Mufti 1.96 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: C'11 Planning D partmn nt City Attorney's Office CM5137 R-7 March 12,2021 2 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. Inman: 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. lnman: 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. 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. 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 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — NORTH END AND 5 OCEANFRONT RESORT 6 7 Section Amended: § 102 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 102 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 102. - Establishment of districts and official zoning maps. 20 21 22 23 (al) There are hereby established the following overlay districts: 24 25 (1) Shore Drive Corridor Overlay District ("SD"); 26 27 (2) North End Overlay District ("NE"); 28 29 (3) Old Beach Overlay District ("OB"); 30 31 (4) Historic Kempsville Area Overlay District ("HK"); 32 33 (5) Workforce Housing Overlay District ("WF"); and 34 35 (6) Short Term Rental Overlay District ("STR"). 36 37 a. North End ("STR-NE") 38 b. Oceanfront Resort ("STR-OR") 39 40 Such districts shall be designated on the official zoning map by an appropriate notation 41 following the designation of the underlying zoning district. As an illustration, property in 42 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 43 designated on the official zoning map as having the classification "B-4(SD)." 44 45 . . . . 46 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 Department City Attorney's Office CA15136 R-7 June 3, 2021 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 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—NORTH END; AND OR 6 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 North End Overlay and depicted as such on the 18 Official City Zoning Map except for that area located west of the intersection of 19 Holly Road and 58th Street; south to 49th Street as shown by the attached map 20 labeled "Short Term Rental Overlay—North End;" 21 22 2) That property located in the City of Virginia Beach, zoned as Oceanfront Resort 23 District depicted as such on the Official City Zoning Map as shown on the 24 attached map labeled "Short 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 Department City Attorney's Office CA15117 R-11 June 24, 2021 Short Term Rentals Overlay North End t eet S 8t'1,\ t 6tb Scree sh, , 8 , \ "-o,. yeet �0 $ ill '0 \ ire 't et l -t 80 OA— ____ ik vD *1-11';.' ,v .11 - IS .3pe---- YJ l ll:j\ 61ths �_ .e hS . 65t D D ►1t�L-C- �i1♦ goMOA _C _ a .o o T�o,� Dnee G._r� a _c ftP4i %1 � Qiiiit�St e ditAt_t. as loam='GCrme,, co , �a, n•; ,. eet alleat-tafti* ovonvii 2211 � e 1 „1 ,,; ee'� a .44.^ , E , Ca,StCo 114C ti" a�: o 4 Z fir :53, Cat t � DID WrO r ■ ='/'`V� c 1 t "1 P CVO a -n <� Cavalier Dr 6 0 L C Z C_ ,2�')r c''n D r O a 'Po Ra N.,a 2 to to v 58 O. 17 � -0 T4Th9t CD (II a) o co - m F. x a v Z C AQ`r S'' kii tgth 0 58 v il Vir. - a CD a °' ♦ sG. h St n 12t Norfolk Ave Trail 0 , d 7 Lake to Holly — A c G co co Marshview Park m �b Oceanfront Resort District Boundary N Norfolk sources:Esti,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson, A. 1 VCEAS,NLS,OS,NMA,Geodatastyrelsen,Rijkswaterstaat,GSA,Geoland, EMA,Intern-lap and the GIS user community,Sources:Esri,HERE,Garmin, 2020 .AO,NOAA,USGS,©OpenStreetMap contributors,and the GIS User Virginia Beach ;ommunity,City of Virginia Beach Department of Planning&Community 0 0._ 0.4 Development,City of Virginia Beach Center of Geospatial Information Nit .services Coordinate System:NAD 1983 HARN StatePlane Virginia South FIPS 4502 Feet REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 601, 2 901, 1110, 1125, 1501, 1521, 1531 AND 2203 OF THE CITY 3 ZONING ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 5 PERTAINING TO THE REQUIREMENTS AND USE OF 6 SHORT TERM RENTALS AND OVERLAYS 7 8 Sections Amended: City Zoning Ordinance Sections 401, 9 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 and 10 Oceanfront Resort District Form-Based Code Section 5.2 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 Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 of the 19 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 20 Code are hereby amended and reordained, to read as follows: 21 22 ARTICLE 4. - AGRICULTURAL DISTRICTS 23 24 Sec. 401. Use regulations. 25 26 (a) Principal and conditional uses. The following chart lists those uses permitted 27 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 28 respective agricultural districts shall be permitted as either principal uses indicated by a 29 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 30 shall be prohibited in the respective districts. No uses or structures other than as 31 specified shall be permitted. 32 Use AG- AG- 1 2 Short term rental G-X G-X Short term rental within the Sandbridge Special Service District* meeting all p p of the requirements of Section 241.2 I Short term rental within an STR Overlay District, meeting all of the R-C I P-C I 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 Use R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 15R 5S 2.5 - 7- I Short term rental C ; 6 6 6 6 6 6 6 6 6 X IX X X X X X X X X Short term rental within the Sandbridge Special Service District1* meeting all of the PPPPP P P P P P requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of P R P R P P PRP P Section 241.2 and, where applicable, CCCCCC CCCC Section 2303 I 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 A- A- A- I A- Use 12 18 24 36 Short term rental X X X IX X X X X Short term rental within the Sandbridge Special Service District,.* PPPP meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the PRFIR 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 y1A ` 2 3 . 4I4CI4K Short term rental X X X X 6 X X X 3 Short term rental within the Sandbridge Special Service P P PPP P P District: meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where X X X X applicable, Section 2303 C C C I 78 79 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 80 81 Sec. 1110. - Land use regulation. 82 83 84 85 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 86 A-12 Apartment District other than hospitals and sanitariums, together with the 87 following enumerated uses and structures, shall be permitted: 88 89 (1) Fraternity and sorority houses, student dormitories and student centers; 90 91 (2) Housing for seniors and disabled persons, with a conditional use permit; 92 93 (3) Marinas; 94 95 (4) Private clubs or social centers provided that clubs where conduct of commercial 96 affairs is a principal activity shall not be permitted; a-n-el 97 98 (5) Residential care for seniors, provided that no more than two (2) employees 99 including a bona fide resident of the dwelling shall be permitted; and 100 101 (6) Home sharing meeting the requirements of section 209.6. 102 103 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 104 105 (1) Communication towers; 106 107 (2) Family day-care homes; 108 109 (3) Group homes; 110 111 (4) Kennels, residential; 112 113 (5) Religious uses; 114 115 (6) Wind energy conversion systems, free standing and roof-mounted; and 4 116 117 (7) Home-based wildlife rehabilitation facilities, provided that the principal 118 structure is a single-family dwelling and the lot is greater than two thousand 119 five hundred (2,500) square feetd 120 121 LI Short term rental. 122 123 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 124 125 . . . . 126 127 Sec. 1125. - Allowed uses. 128 129 Within the PD-H2 District, only the following uses and structures shall be permitted: 130 131 (a) Principal uses and structures. 132 133 (1) Dwelling units of the types specified in the land use plan; 134 135 (2) Public buildings, structures, and other public uses; 136 137 (3) Recreational facilities of the type described in the plan; 138 139 (4) Child care education centers, in connection with public or private 140 elementary schools or churches, provided that such uses shall not be 141 eligible for residential density credit; 142 143 (5) Day-care centers, provided that such uses shall not be eligible for 144 residential density credit; 145 146 (6) Public utilities installations and substations; provided offices or storage or 147 maintenance facilities shall not be permitted; and provided, further, that 148 utilities substations, other than individual transformers, shall be surrounded 149 by a wall, solid except for entrances and exits, or by a fence with a 150 screening hedge five (5) to six (6) feet in height; and provided also, 151 transformer vaults for underground utilities and like uses shall require only 152 a landscaped screening hedge, solid except for access opening; and 153 154 (7) Home sharing meeting the requirements of section 209.6; and 155 156 (c) Conditional uses. 157 158 (1) Religious uses, provided that such use shall not be eligible for residential 159 density credit; 160 161 (2) Family day-care homes; foster homes and group homes, provided that such 162 uses shall not be eligible for residential density credit; 5 163 164 (3) Home occupations; and 165 166 (4) Housing for seniors and disabled persons..-; and 167 168 (5) Short term rental; 169 170 (6) Short term rental within a STR Overlay District meeting all of the 171 requirements of Section 241 .2 and, where applicable, Section 2303. 172 173 174 175 C. RT-1 RESORT TOURIST DISTRICT 176 177 178 179 Sec. 1501. Use regulations. 180 181 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist 182 District as either principal uses, as indicated by a "P" or as conditional uses, as 183 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of 184 Article 2 (section 220 et seq.). No uses or structures other than those specified 185 shall be permitted. All uses, whether principal or conditional, should to the 186 greatest extent possible adhere to the provisions of the Oceanfront Resort Area 187 Design Guidelines. 188 Use RT-1 Short term rental I X Short term rental within an STR Overlay District, meeting all of the requirements of Section 241 .2 and, where applicable, Section 2303 — 189 190 . . . . 191 192 C. RT-3 RESORT TOURIST DISTRICT 193 194 . . . . 195 196 Sec. 1521. Use regulations. 197 6 198 (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 �X r-- Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 208 209 . . . . 210 211 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 requirements 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 G X Short term rental within an STR Overlay District, meeting all of the la-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 Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Short term rental -- C — -- -- C--- C—= G--- -- See Sec.241.2 Short term rental C C C C See,Sec.241.2 within an STR and 2303(c). overlay District meeting the requirements of section 241.2 and where applicable Section 2303 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . 8 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15115 R-6 June 24, 2021 9 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 241 .2 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO 3 SHORT TERM RENTALS AND ESTABLISHING 4 ADDITIONAL SAFETY REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 7 241.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 241.2. - Short term rental. 16 Short term rentals shall be subject to the following conditions unless specifically 17 modified by action of the city council in granting a conditional use permit or creating a 18 short term rental overlay district: 19 20 (1) Any property utilized as a short term rental shall provide adequate off street parking 21 for its guests. A minimum of one parking space per bcdro m is required. If such parking 22 cannot be provided on-site, the owner must submit a parking plan indicating how the 23 parking requirement will be met. Such plan shall be reviewed and approved by the 24 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking 25 shall be part of the plan; 26 27 (2) No events with more than fifty (50) people present, shall be held absent a special 28 events permit. Events with more than fifty (50) people are limited to no more than three 29 (3) events in a calendar year. No more than one hundred (100) people shall be present 30 at any event held on the property; 31 32 (3) The owner or operator must provide the name and telephone number of a 33 responsible person, who may be the owner, operator or an agent of the owner or 34 operator, who is available to be contacted and to address conditions occurring at the 35 short term rental within thirty (30) minutes. Physical response to the site of the short 36 term rental is not required; 37 38 (4) No signage shall be on site, except that each short term rental shall have one (1), 39 four-square foot sign, posted on the building, or other permanent structure approved by 40 the zoning administrator, visible from the public street, that whir.-11-identifies the property 41 as a short term rental and provides the telephone number for the responsible person in 42 text large enough to be read from the public street. Architectural signs naming the 43 structure are excluded; ; 44 45 (5) To the extent permitted by state law, each short term rental must maintain 46 registration with the Commissioner of Revenue's office and pay all applicable taxes; 47 48 (6) There shall be posted in a conspicuous place within the dwelling a summary 49 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise), 50 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 51 (fireworks), and a copy of any approved parking plan; 52 53 (7) All refuse shall be placed in automated refuse receptacles, where provided, and 54 comply with the requirements of City Code sections 31-26, 31-27 and 31-28; 55 56 (8) A short term rental shall have no more than two (2) rental contracts during any 57 consecutive seven (7) day period; 58 59 (9) The owner or operator shall provide proof of liability insurance applicable to the 60 rental activity at registration and renewal of at least one million dollars ($1,000,000.00) 61 underwritten by insurers acceptable to the city; 62 63 (10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.; 64 65 (11) The maximum number of persons on the property after 11 :00 p.m. and before 7:00 66 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom; 67 68 (12) Any short term rental that has registered and paid transient occupancy taxes to the 69 Commissioner of the Revenue prior to July 1, 2018 shall be considered grandfathered 70 and shall not be required to obtain a conditional use permit, but must meet the 71 conditions of section 241 .2. Any expansion of the footprint of the dwelling housing the 72 short term rental that expands the overall square footage by more than twenty-five (25) 73 percent or one thousand (1,000) square feet, whichever is less, shall have its 74 grandfathered status revoked and must immediately come into compliance with the 75 Zoning Ordinance obtain a conditional use permit to continue such use. Grandfathered 76 status shall run with the land. However, any grandfathered short term rental that 77 continuously remains vacant, or not used as a short term rental, for a period of two (2) 78 years or more shall lose its "grandfathered" designation; 79 80 (12.1) Any short term rental that received a conditional use permit between November 81 1, 2019 and June 15, 2021 and that is located within a zoning district where short term 82 rentals are not a permitted or conditional use, shall be considered grandfathered and 83 shall be permitted to continue subject to the conditions of section 241.2 (1) through (15) 84 and (17) as modified by the terms of the conditional use permit; 85 86 (13) To the extent permi''sible under state law, interconnected smoke detectors (which 87 may be wireless), a fire extinguisher and, where natural gas or propane is present, 88 carbon monoxide detectors shall be installed in each short term rental; The property 89 owner or their representative shall provide to the City Planning Department permission 2 90 for zoning inspectors to inspect the short term rental property annually. Such inspection 91 shall include: 1) at least one fire extinguisher has been installed inside the unit, in plain 92 sight, and where it is located, 2) all smoke alarms and carbon monoxide detectors are 93 installed in accordance with the building code in affect at the time of construction and 94 interconnected. Units constructed prior to interconnection requirements must have a 95 minimum of one smoke alarm installed on every floor of the structure and in the areas 96 adjacent to all sleeping room and when activated, be audible in all sleeping rooms, and 97 3) all smoke alarms and carbon monoxide detectors have been inspected within the last 98 12 months, and are in good working order. 99 100 Properties managed by Short Term Rental Management Companies certified by the 101 Department of Planning shall only be required to be inspected every three years. The 102 inspection for compliance with the requirements above shall be performed by the Short 103 Term Rental Management Company and be documented on a form prescribed by the 104 Planning Department and shall be provided during the yearly permitting process. 105 106 Properties may be inspected annually for compliance with the requirements above by 107 certified Short Term Rental Management Companies or certified Home Inspectors. The 108 compliance inspection shall be documented on a form prescribed by the Planning 109 Department and shall be provided during the yearly permit process. 110 111 (14) Accessory structures shall not be used or occupied as short term rentals; 112 113 (15) In addition to other remedies available for violations of the city zoning ordinance, 114 upon the occurrence of a violation of the provisions of this section; a violation of any 115 local, state or federal law or regulation; a violation of a condition imposed in a 116 conditional use permit; or if the conditions for grandfathered status are no longer 117 satisfied, the city council may revoke the conditional use permit or grandfathered status 118 of a property after notice and hearing as provided in Code of Virginia § 15.2-2204; 119 provided, however, that written notice as prescribed therein shall be given at least 120 fifteen (15) days prior to the hearing_. 121 122 (16) All conditional use permits issued for short term rentals shall expire five (5) years 123 from the date of adoption. The renewal process of the conditional use permit will be 124 administrative and performed by the planning department; however, the planning 125 department shall notify the city council in writing prior to the renewal of any conditional 126 use permit for a STR, where the STR has been the subject of neighborhood complaints, 127 violations of its conditions or violations of any building, housing, zoning, fire or other 128 similar codes; and 129 130 (17) A structural safety inspection report shall be provided to the city annually every 131 three (3) years indicating all exterior stairways, decks, porches and balconies have 132 been inspected by a licensed design professional, qualified to perform such inspection, 133 and are safe for use. The report must indicate the maximum number of occupants 134 permitted on each level of these structures and placards indicating the maximum 3 135 number of occupants of all exterior stairways, decks, porches and balconies must be 136 posted on each level of these structures; 137 138 (18) When obtaining a Zoning permit for an STR owners or their agents shall present to 139 the Zoning Division a listing on a form prescribed by the Zoning Administrator the 140 number of rentals for the past year, when they occurred and the number of occupants 141 for each rental. No identifying information for the visitors is required. 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: Planning Department City Attorney's Office CA15175 R-11 June 30, 2021 4 REQUESTED BY VICE-MAYOR WOOD, AND COUNCILMEMBERS TOWER AND WILSON 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 thrc:.:;" 19 2303, is hereby added and ordained to read as follows: 20 21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS 22 23 Sec. 2300. Findings; intent. 24 25 The Virginia General 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, congestion 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 North End STR Overlay is an area on the Atlantic Ocean that has seen a 40 proliferation of short term rentals for many years, and where rental of property during 41 the summer is a common experience that has not generated significant negative impact 42 to the community. Although the short term rental use is generally compatible within the 43 North End STR Overlay, the City Council finds that a continuing proliferation of the use 44 will fundamentally change the character of the community, negatively impact property 45 values and diminish the quality of life for year round residents. Therefore, this use 46 should be limited within the North End STR Overlay to the number of STRs (255) 47 existing as of November 2, 2020. 48 The OR STR Overlay is an area of the City that is more urbanized than other 49 areas. The area includes the Atlantic Ocean and the Virginia Beach Boardwalk. 50 Lodging accommodations and other commercial activity supporting the resort area and 51 tourism are prevalent in this area. Accordingly, short term rental density limitations are 52 unnecessary in this overlay. 53 54 Sec. 2301. District boundaries. 55 56 (a) The Short Term Rental Overlay Districts boundaries shall be as 57 designated on the official zoning map of the city (STR). 58 59 (b) Other identified areas of the City may petition the City Council for an 60 overlay to be created if the identified community is able to gather the signatures of 61 seventy-five (75) percent of the owners of the properties in the community. Only one (1) 62 signature per property may be counted. Such communities shall be pre-existing, and 63 any new community boundaries may not be created for the purpose of meeting the 64 requirements of this section for creation of a short term rental overlay. 65 66 Sec. 2302. Application of regulations. 67 68 The designation of any property as lying within a Short Term Rental Overlay 69 District shall be in addition to, and not in lieu of, the underlying zoning district 70 classification of such property, such that any property situated in a Short Term Rental 71 Overlay District shall also lie within one or more of the zoning districts enumerated in 72 Section 102(a) of this ordinance. All such property shall be subject to the requirements 73 of this Article as well as to all other regulations applicable to it, and to the extent that 74 any provision of this Article conflicts with any other ordinance or regulation, the 75 provision of this Article shall control. 76 2 77 Sec. 2303. Use regulations. 78 79 (a) Subject to general requirements and to the regulations of the underlying 80 zoning district, all uses and structures permitted as principal, conditional or accessory 81 uses in the underlying zoning district in which they are located shall be so designated 82 permitted within the Short Term Rental Overlay Districts. 83 84 (b) Short term rental overlay — North End and OR 85 a. Short term rentals in the OR STR Overlay District and the North End 86 STR Overlay District shall be conditional uses, if in compliance with 87 the requirements of Section 241 .2 as modified as follows: 88 89 i. Add to condition (1): Parking spaces created to comply with 90 this condition shall not add additional impervious area to the 91 site. Area within a residential garage may be used for no more 92 than one (1) required space provided the available area within 93 the garage meets the dimensional requirements of this 94 ordinance. used for required parking. Driveway area located 95 within the city right of way may be utilized to meet the parking 96 requirement provided there is no traffic impact and the location 97 of the parking space does not block vehicular traffic or an 98 existing sidewalk. 99 ii. Add to condition (1): In the OR STR Overlay District there are 100 certain condominium properties that have historically operated 101 as short term lodging units and have not experienced any 102 inconvenience to guests or the surrounding area without the 103 required one (1 ) parking space per bedroom. Further, such 104 properties are unable to provide the required parking on-site. 105 For these condominium properties, the zoning administrator 106 may, at his discretion, require one (1) parking space per 107 dwelling unit similar to the requirement for lodging uses in the 108 Oceanfront Resort District Form Bases Code (ORDFBC). 109 Such properties must provide written evidence of their past use 110 and the Zoning Administrator shall find that there is no public 111 inconvenience with the current parking design. 112 iii. Replacing condition (2): No events associated with the short 113 term rental shall be permitted with more than the allowed 114 number of people who may stay overnight (number of 115 bedrooms times two (2)) on the property where the short term 3 116 rental is located. This short term rental may not request or 117 obtain a Special Event Permit under City Code Section 4-1 . 118 iv. Replacing condition (3): The owner or operator must provide 119 the name and telephone number of a responsible person, who 120 may be the owner, operator or agent, who is available to be 121 contacted and to address conditions occurring at the short term 122 rental within thirty (30) minutes and to be physically present at 123 the short term rental within one (1 ) hour. 124 the site of the short term rental is not required. 125 Repl ring condition ('1\• No sinnage chill be nn cite wc_e u7r�i—vrl—.�rr�vcw 126 that each short term rental shall have one (1), four square foot 127 sign, posted on the building which identifies the property as a 128 ehort term rental and has the telephone number of the 129 sponsible narty in text largo ego gh to be read from the �n-r-rurgc-crrv-crgrrTv-o c�ca'cr-rry ri rrrc 130 public street. Architectural signs naming the structure are 131 excluded from this limitation. 132 vi. Replacing condition (8): A short term rental shall have no 133 more than fifty two (52) rental contracts during a calendar year 134 than one (1 ) contract for every seven (7) consecutive days, 135 vii. Replacing condition (11): The maximum number of persons on 136 the property after 11:00 p.m. and before 7:00 a.m. ("Overnight 137 Lodgers") shall be two (2) individuals per bedroom, which 138 number shall not include minors under the age of 16, provided 139 that in no event case may the total number of persons staying 140 overnight at the property exceed the number of approved 141 bedrooms multiplied by three (3). 142 viii. For properties located within the boundaries of the Residential 143 Parking Permit Program (RPPP), while the short term rental 144 use is active, parking passes issued for the subject dwelling 145 unit(s) through the Residential Parking Permit Program (RPPP) 146 shall be limited to two resident passes only. Guest and 147 temporary passes through the RPPP shall not be permitted. 148 ix. Density limitations for short term rentals in the North End STR 149 Overlay shall be a maximum of 255 STRs in the overlay. 150 151 (c) The use regulations of this section shall not apply to short term 152 rentals within a Short Term Rental Overlay District that were 153 grandfathered at the time of adoption of the short term rental 154 ordinance, which properties shall be subject exclusively to the 155 provisions of section 241 .2. The use regulations of this section 156 shall also not apply to short term rentals within a Short Term 157 Rental Overlay District that are operating under the provisions of 4 158 a conditional use permit, which properties are governed by the 159 provisions of section 241 .2 and the conditions of the permit. 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 Department City Attorney's Office CA15116 R-14 June 24, 2021 5 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 SHORT TERM RENTALS 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the City Council has referred to the Planning Commission ordinances 9 creating the West Shore Drive Short Term Rental Overlay, East Shore Drive Short Term 10 Rental Overlay, North End Short Term Rental Overlay and Oceanfront Resort Short Term 11 Rental Overlay and providing new regulations that would be applicable to a short term 12 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 28 prior to the date of referral shall be processed based upon the law existing at the 29 time of submission. Any application accepted after the date of referral shall be 30 considered based upon the law applicable at the time of City Council consideration. 31 No application shall be 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 Department City Attorney's Office CA15137 R-3 September 4, 2020 2 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 DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person 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/vbgovionstage/g.php?MTID=e7 ec433 5b83 04d 16a3 84f45 eabcbc3 a 11 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 6, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/15/2021 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 0 C Y L NOUWS 0 T THEEES S E 0 0 E T I R Y S S ERNDN CITY MANAGER'S BRIEFING A. FY2021 MONTHLY FINANCIAL UPDATE Letitia Shelton, Director—Finance II-VI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y A-E SESSION F. MINUTES 10-0 Y Y A Y Y Y Y Y Y Y Y I. INFORMAL and FORMAL SESSIONS APPROVED June 1,2021 2. SPECIAL FORMAL SESSION APPROVED 9-0 Y Y A Y Y A Y Y Y Y Y June 8,2021 T A N E D G. PUBLIC COMMENT 1. Upcoming Changes to the City's Election 12 SPEAKERS System Resulting from the Recent Case of Holloway,et al.v.City of Virginia Beach and recent changes to Virginia State Law I.1 Ordinance to AMEND City Code Sections: ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y a. 2-20 re location of City Council Meetings CONSENT I.1 Ordinance to AMEND City Code Sections: ADOPTED 9-1 Y Y A YYN Y Y Y Y Y b. 2-83 re make Juneteenth a City Holiday I.2 Resolution to ADOPT a Revised City Council ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y Policy re remote participation by Council CONSENT Members in Council Meetings I.3. Ordinance to AMEND / REORDAIN ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y Ordinance re continue expanded outdoor CONSENT restaurant seating until October 31,2021 1.4. Resolution to DIRECT the City Manager to ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y submit a grant application re Virginia Beach CONSENT Trail 1.5. Ordinance to AUTHORIZE extension of the ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y employment contract re City Manager I.6. Ordinances re Compensation to City Council ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y Appointees effective July 1,2021: a. City Manager b. City Attorney 1.6. Ordinances re Compensation to City Council ADOPTED 9-1 Y Y A YYN Y YYYY Appointees effective July 1,2021: c. City Clerk d. City Real Estate Assessor e. City Auditor CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/15/2021 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE 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 L7. Ordinance to AMEND the 2021 Housing ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y Choice Administrative Plan and CONSENT AUTHORIZE the City Manager to EXECUTE/SUBMIT the Plan Amendments to the U.S.Department of HUD 1.8. Resolution to REQUEST the Voter Registrar ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y apply for a waiver re administer split CONSENT precincts for Pembroke, College Park, Sherry Park,and Baker precincts for 2021 election I.9. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y to EXECUTE Use Agreements for the use of a CONSENT portion of City property located at the Dome Site re Megabus Northeast, LLC and FliaBus,Inc. I.10 Ordinance to APPOINT three(3)viewers for ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y one-year terms beginning July 1,2021 re view CONSENT each street or alley proposed to be closed I.11. Resolution to PROVIDE a workers' ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y compensation presumption re salaried CONSENT Emergency Medical Services (EMS) personnel I.12 Resolutions to SUPPORT Revenue Sharing ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y projects/AUTHORIZE the City Manager to CONSENT EXECUTE a Project Agreement with 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 II I.13. Ordinance to AMEND FY2021-22 Housing ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y and Neighborhood Preservation Operating and CONSENT Capital Budgets re adjustments 1.14. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. Ordinance $2,571,194 from the Virginia Office of Children's Services,TRANSFER S1,113,005 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/15/2021 PAGE: 3 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 THE E E S S E O O E T I R Y S S ERNDN I.15. Ordinance to TRANSFER $33,303 from ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y Capital Project #100424 "Traffic Safety CONSENT Improvements III" to Capital Project #100212"Independence Boulevard Baxter Road Sidewalk" J.1. OCEAN RENTAL PROPERTIES,LLC for APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y a Change in Nonconformity re redevelop the CONDITIONED,BY site with eight(8)new dwelling units where CONSENT nine (9) exist at 416 Norfolk Avenue DISTRICT 6—BEACH J.2. SOUTH LYNNHAVEN,LLC for a DEFERRED TO 9-0 Y Y A Y Y Y Y Y Y AY Modification of Conditions re allow the JULY 6,2021,BY B vacation of easements to construct office CONSENT S use at 877 South Lynnhaven Road DISTRICT T 3—ROSE HALL A I N E D J.3. ROBIN GAUTHIER,CEO ON BEHALF APPROVED/ 10-0 Y Y A YYY Y Y Y Y Y OF SAMARITAN HOUSE,INC./ CONDITIONED,BY CATHOLIC DIOCESE OF RICHMOND CONSENT VIRGINIA,EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA for a CUP re group home at 1593 Lynnhaven Parkway DISTRICT 1—CENTERVILLE J.4. BPMS CASCADES 2, LLC for a CUP re APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y mini-warehouses at 2121 Centerville Turnpike CONDITIONED,BY DISTRICT 1—CENTERVILLE CONSENT J.5. SH CAMPUS,LLC/ST LUKE'S UNITED APPROVED/ 10-0 Y Y A YYY Y Y Y Y Y METHODIST CHURCH for a CUP re group CONDITIONED home at 3396 Stoneshore Road DISTRICT 3— ROSE HALL J.6. DIANA BUHRMANN/MICHAEL APPROVED/ 10-0 Y Y A YYY Y Y Y Y Y KORNOELJE for a CUP re family day-care CONDITIONED,BY home at 998 Boughton Way DISTRICT 3— CONSENT ROSE HALL J.7 MISTIE WOOD for a CUP re family day- APPROVED/ 10-0 Y Y A YYY Y Y Y Y Y care home at 1105 Voss Court DISTRICT 7 CONDITIONED,BY —PRINCESS ANNE CONSENT J.8. Ordinance to AMEND CZO Sections 210.2, APPROVED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y 212,215,216/217 resigns and billboards CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/15/2021 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OM 0 0 L W 0 0 C Y L N 0 U W S 0 T T H E E E S S E 00 E T I R Y S S E R NDN J.9. Ordinances re Short Term Rentals: DEFERRED TO 9-0 AY A Y Y Y Y YYYY a. AMEND CZO Section 102 re establish Short JULY 6,2021 Term Rental Overlay Districts,East Shore Drive,North End and Oceanfront Resort 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 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 d. AMEND Section 241.2 of the CZO re Short Term Rentals and establishing Additional Safety Requirements 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) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/15/2021 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ERNDN K. APPOINTMENTS RESCHEDULED BY C ON S E N S US 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 GREEN RIBBON COMMITTEE Appointed: 9-0 AY Y Y Y Y Y Y Y Y Y Barbara M.Henley City Council Member MINORITY BUSINESS COUNCIL Appointed: 9-0 AY Y YYY Y YYYY Krisha Loftus Manan Shah 2 Year Term 6/15/2021-5/31/2023 SOCIAL SERVICES ADVISORY BOARD Appointed: 9-0 AY Y Y Y Y Y YYYY David Bradley Unexpired thru 6/30/2022 +4 Year Term 7/1/2022-6/30/2026 VIRGINIA BEACH TOWING ADVISORY Appointed: 9-0 AY Y YYY Y YYYY BOARD Officer Douglas Reader Unexpired thru 5/31/2022 +3 Year Term 6/1/2022-5/31/2025 L/M/ ADJOURNMENT 10:55 PM N