applicant property owner: la paz, inc. june 10, 2020 24 & 25 · la paz, inc. agenda items 24...

LA PAZ, INC. Agenda Items 24 & 25

Applicant Property Owner: LA PAZ, INC. Public Hearing: June 10, 2020

City Council Election District: Lynnhaven

Requests 24 - Conditional Use Permit - (Short Term Rental) – 2565 Shore Drive, Unit A 25 - Conditional Use Permit (Short Term Rental) – 2565 Shore Drive, Unit B Staff Recommendation Approval Staff Planner William Miller Location 2565 Shore Drive, Units A & B GPIN 1590710928 Site Size 6,000 square feet Existing Land Use and Zoning District Duplex dwelling / R-7.5 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North Shore Drive Duplex dwellings / R-5R Residential (Shore Drive Overlay) South Single-family dwellings / R-7.5 Residential (Shore Drive Overlay) East Single-family lot / R-7.5 Residential (Shore Drive Overlay) West Single-family dwellings / R-7.5 Residential (Shore Drive Overlay)

Agenda Items 24 & 25


Site Conditions and History

• This property is approximately 6,000 square feet and is located within the R-7.5 Residential District (Shore Drive Overlay).

• According to City records, this parcel contains one duplex constructed in 1965.

• On October 11, 1965, this property was included in a comprehensive rezoning that impacted most, but not all, of the Cape Story by the Sea neighborhood. Specifically, there was a zoning district designation change that altered the types of allowable dwelling units on each parcel. In this instance, the previous zoning district allowed duplex dwellings; however, the new zoning district no longer permitted duplexes and instead only allowed single-family dwellings.

• As a result of the 1965 neighborhood rezoning, this duplex became nonconforming relating to its use. This nonconforming duplex was later the subject of two separate requests before City Council: one in 2012 for an expansion to a nonconforming use and one in 2014 for a conversion of a nonconforming use. Both requests were approved by City Council. The 2012 request included renovations and additions to the existing duplex structure and parking area. The 2014 request included the demolition of the existing duplex and the construction of two new single-family dwellings.

• On September 12, 2013, the property owner obtained the appropriate zoning approval for renovations and additions as shown on the 2012 City Council approved duplex site plan and architectural elevation drawings. On November 11, 2017 a building permit for those improvements was issued by the Permits and Inspections division of the Department of Planning and Community Development. As of the writing of this report, that building permit is still active.

• To bring the use into conformity, the applicant has the option of converting the duplex into a single family dwelling; however, the applicant expressed his desire to retain the existing non-conforming duplex use as approved by City Council in 2012.

• No records of zoning violations relating to Short Term Rental use were found associated with the subject address.

• Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report.

• On-street parking along Shore Drive is not permitted. On-street parking along the east side of Kendall Street is also not permitted; however, on-street parking along most of the west side of Kendall Street is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within this area of the public street. No parking signs are posted in all applicable areas on Kendal Street and Shore Drive.

Background & Summary of Proposal


Short Term Rentals in the Vicinity

Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a six bedroom duplex Short Term Rental on the subject site (three bedrooms in each unit). 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.

2565 Shore Drive Unit A

2565 Shore Drive Unit B

Number of bedrooms in the Short Term Rentals: 3 3

Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 9

Number of parking spaces required (1 space per bedroom required): 3 3

Number of parking spaces provided on-site: 3 3


Zoning History # Request 1 NON (Expand existing duplex) Approved 10/09/2012

NON (Construct two single-family dwellings) Approved 08/08/2014

2 NON (Expand existing duplex) Approved 04/10/2017

Application Types 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

LUP – Land Use Plan STR – Short Term Rental

This site is located within the Cape Story by the Sea subdivision, which is primarily home to single-family dwellings; however, there are numerous non-conforming duplex units scattered within the R-7.5 single-family zoning district area of the neighborhood. In this case, the subject property contains one of those nonconforming duplexes which was approved to expand and improve in 2012 by City Council. In addition, there are approximately five blocks of R-5R duplex zoning district found in the northeast corner of the community, which contains mostly duplex dwelling units and is situated 100-feet from the subject property. Additionally, this site faces Shore Drive and is roughly 300 feet from the public beach of the Chesapeake Bay. The applicant’s parking plan depicts six required off-street parking spaces within two distinct on-site compacted gravel/crushed shell parking areas. These parking areas were approved by City Council as part of the 2012 expansion to a nonconforming use request; however, there is additional parking surface currently on the site that is beyond that approved by City Council. The applicant has agreed to restore those areas to turf and plantings as shown on the submitted parking plan. As a result, if City Council wishes to approve this request, recommended condition #4 was added to address this restoration. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. While Staff typically does not recommend approval of non-conforming use conversations to Short-Term Rentals, the uniqueness of this specific property is recognized as it relates to its location abutting Shore Drive, its proximity to the R-5R Duplex Zoning District (within 100-feet), its potential conversion to a six bedroom single-family dwelling Short Term Rental, and City Council’s prior approvals to allow the non-conforming use to expand. Moreover, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant as a duplex. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.

1. The following conditions shall only apply to the dwelling units addressed as 2565 Shore Drive (A & B) and the Short

Term Rental use shall only occur in the principal structure.

Evaluation & Recommendation

Recommended Conditions

1

2


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. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the “Site Layout and Parking Plan” section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee.

4. The area noted as “Existing and proposed turf and plantings” on the “Site Layout and Parking Plan” section of the Staff report shall be planted in accordance with a detailed planting schedule plan. Such plan shall be submitted to the Zoning Administrator for review within 30-days of any favorable City Council action relating to this Conditional Use Permit Request. The plantings and turf shall be installed within 60-days of the Zoning Administrator’s approval of the submitted planting schedule plan.

5. All City Council approved conditions listed in the 2012 expansion to a non-conforming use request must be met prior to any Short Term Rentals occurring on the property.

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 three) 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date.

a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and

b) Copies of the Commissioner of Revenue’s Office receipt of registration; and

c) Proof of liability insurance applicable to the rental activity of at least one million dollars.

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 Rental.

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH23OF_ARTIINO_S23-69MASOLEREDW

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH23OF_ARTIINO_S23-71SPPR

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH31SOWA_ARTIICOCI_S31-26REGE

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH31SOWA_ARTIICOCI_S31-27FRCO

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH31SOWA_ARTIICOCI_S31-28POCO

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH12FIPRPR_ARTIINGE_S12-5FIBE

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH12FIPRPR_ARTIIIFIPRCO_S12-43.2FIPYDIUNEX

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH31SOWA_ARTIICOCI_S31-26REGE

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH31SOWA_ARTIICOCI_S31-27FRCO

https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH31SOWA_ARTIICOCI_S31-28POCO


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 two (2) rental contracts 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 ($1,000,000.00) 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 three (3) 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.

Planning Commission

• The applicant sent an emailed notification regarding his Short Term Rental request to the President of the Cape Story by The Sea Civic League, Ms. Albis, on March 6, 2020. Staff is not aware of any further contact between the civic league representative and the applicant.

• The applicant reported that they met with the surrounding property owners, and no objections were raised. 5 letters of support have been received by Staff relating to this request.

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2020.

• As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020, and May 31, 2020.

• As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020.

• This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on June 4, 2020.

Public Outreach Information

Site Layout & Parking Plan

http://www.vbgov.com/pc


Site Layout & Parking Plan (1st proposal)

2565 Shore Drive Unit A / 3-bedrooms Unit B / 3-bedrooms

Existing and proposed turf and plantings

9’ x 18’ parking space on compacted gravel

Driveway apron – placed to meet Public Works Specifications and Standards


Site Layout & Parking Plan (2nd Proposal)



9’ x 18’ parking space on compacted gravel- Unit A


9’ x 18’ parking space on compacted gravel- Unit B


Site Layout & Parking Plan (3rd Proposal)



9’ x 18’ parking space on compacted gravel- Unit A


9’ x 18’ parking space on compacted gravel- Unit B

Raised planting bed with low growing plants. Bed and contents must be approved by the Zoning Administrator – No parking is permitted at this location

*

This plan was presented at the Planning Commission hearing on June 10th, 2020 and was the focus of discussion by the Planning Commissioners, the

applicant, and the citizen speakers.


Landscaping Plan (no longer accurate)


2012 City Council Approved Plans

2012 City Council approved site plan (expansion to Non-Conforming Use)

2012 City Council approved elevation plans (expansion to Non-Conforming Use)


Floor Plan


Site Photos

Street View – Shore Drive

Street View – Kendall Street

2565 Shore Drive

Roof of 2565 Shore Drive


Site Photos


Disclosure Statement



X


• 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

applicant property owner: la paz, inc. june 10, 2020 24 & 25 · la paz, inc. agenda items 24...

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