C and C Development Company Agenda Item 18

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Applicant & Property Owner: C and C Development Company, C Public Hearing: November 13, 2019

City Council Election District: Beach

Request Conditional Use Permit (Short-Term Rental) Staff Recommendation Approval Staff Planner Kevin Hershberger Location 403 25th Street GPIN 2427091966 Site Size 6,900 square feet Existing Land Use and Zoning District Two Single-family dwelling / A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts North 25th ½ Street Single-family dwellings / A-12 Apartment (Old Beach) South 27th Street (alley) Single-family dwellings / A-12 Apartment (Old Beach Overlay) East Single-family dwellings / A-12 Apartment (Old Beach Overlay) West Single-family dwellings / A-12 apartments (Old Beach Overlay)

Agenda Item 18

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Zoning Background

Existing Site Conditions • This 6,900 square foot parcel is located within the A-12 Apartment District (Old Beach Overlay).

• One dwelling unit is located on-site.

City Council Approvals There are no City Council actions on thei property.

Summary of Proposal

• The applicant submitted Conditional Use Permit requests for Short-term Rental use on the subject site. The regulations for short term rental use are identified in Section 241.2 of the Zoning Ordinance. o Occupancy - The following details pertain to occupancy requirements of each Conditional Use Permit

request: A maximum occupancy of three guests per bedroom permitted on the site after 11:00 p.m. is the standard. Based on this, the four bedroom unit permits a maximum of 12 guests after 11:00 p.m. Parking - Section 241.2 of the Zoning Ordinance identifies the parking requirement for a short-term rental use as one on-site parking space for each bedroom. As a result, four parking spaces are required. In the event the Conditional Use Permit is approved, the applicant will install all four parking spaces as depicted on the plan.

Zoning History # Request 1 NON (Replace Existing Single-Family Dwelling) Approved

09/13/2005

CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

STR – Short Term Rental

Background and Summary of Proposal

1

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As required, the Short-Term Rental is registered with the Commissioner of Revenue’s Office. Should this Conditional Use Permit be approved the applicant has agreed to install the parking as depicted on the parking plan. The conditions require that this parking plan be installed prior to occupancy as a short-term rental. Proof of liability insurance for $1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. All other Short-Term Rental requirements of Section 241.2 of the Zoning Ordinance can be reasonably met. Based on this, Staff recommends approval of the application as conditioned below.

1. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the

Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted.

2. The approval of this Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a short term rental, where the short term rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes.

3. No events with more than fifty (50) people present, shall be held absent a special events permit. Events with more than fifty (50) people are limited to no more than three (3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property.

4. 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.

5. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void.

a) The owner/operator contact information;

b) Registration with the Commissioner of Revenue’s Office; and

c) Proof of liability insurance.

6. 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.

7. 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.

Evaluation and Recommendation

Recommended Conditions

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8. 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.

9. A short term rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period.

10. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and

renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 11. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall

be three (3) individuals per bedroom. 13. 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.

14. The required parking must be installed as per the approved drawings prior to occupancy and operation as a short-

term rental. An acceptable site plan shall be submitted to the Development Services Center (DSC) and Zoning Administration of the Department of Planning & Community Development for stormwater management and maximum allowable impervious cover review relating to any additional parking area added to the lot beyond what was depicted on the site plan approved in 2017, or any other requirements that arise as a result of the parking space configuration. Any improvements related to the stormwater management shall be installed and inspected and accepted by the Permits & Inspections Division of the Planning Department prior to occupancy as a short-term rental.

Planning Commission

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, October 27, 2019,

and November 3, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the

Planning Commission public hearing on October 28, 2019. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s

webpage of www.vbgov.com/pc on October 7, 2019.

Public Outreach Information

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Site Layout and Parking

25th ½ Street

25th St

Parking Area

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Site Photos

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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• 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.

Next Steps