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3-1-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL Gt��'B � MAYOR ROBERT M. "BOBBY"DYER,At Large Sq` --�.,; h'L t� VICE MAYOR ROSEMARY WILSO F. N,At Large p� `_�_ MICHAEL BERLUCCHI,Rose Hall-District 3 ,. LINWOOD O.BRANCH,Lynnhaven-District 5 U I`�I ;'' ;\ ,} , BARBARA M.HENLEY,Princess Anne-District 7 N.D. "ROCKY"HOLCOMB,Kempsville-District 2 LOUIS R.JONES,Bayside-District 4 '*, t`' JOHND.MOSS,At Large °" °UR NAIoMS AARON R.ROUSE,At Large GUYK.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District 1 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 March 1, 2022 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 1:30 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison II. CITY MANAGER'S BRIEFINGS A. PEMBROKE MALL REDEVELOPMENT 1:45 PM Taylor V. Adams, Deputy City Manager B. SMART SCALE UPDATE 2:00 PM Katie Shannon, P.E., Engineering Support Manager—Public Works III. CITY COUNCIL LIAISON REPORTS 2:30 PM IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 2:45 PM V. CITY COUNCIL AGENDA REVIEW 3:15 PM VI. INFORMAL SESSION - City Council Chamber- 3:30 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 C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 15,2022 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Dr. Angela Reddix H. PUBLIC HEARING 1. POLLING PLACE CHANGES Windsor Oaks Precinct to Red Church Steeple Brookwood Precinct to Plaza Annex Pinewood Precinct to Plaza Middle School I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re polling place changes: a. Brookwood Precinct to Plaza Annex b. Pinewood Precinct to Plaza Middle School c. Windsor Oaks Precinct to Red Church Steeple 2. Resolution to AMEND Chapter 8 of the Public Works Design Standards Manual re Stormwater Management(Item was Adopted February 1,2022) 3. Resolution to RENAME the Citizen Oversight Board to Flood Prevention Bond Referendum Oversight Board and set forth the requirements of certain members (Requested by Council Members Henley and Moss) 4. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property, Machinery and Tools re"Taxpayer Dividend"and to provide revenue offsets (Requested by Council Member Moss) 5. Ordinance to AMEND City Code Sections 5-531, 21-303, 23-7.1, 23-7.5 and 27-7 and REPEAL Section 21-221 re law enforcement officers (Requested by Sheriffs Office) Deferred from January 4, 2022 - Sheriff's Office requests Indefinite Deferral 6. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Salem Road Sidewalk Improvements Project, CIP#100423.026 (Formerly CIP#2-111.026) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal and five feet (5') drainage and utility easement at the rear of 2217 Leeward Shore Drive re construct and maintain vinyl bulkhead return and boat lift District 8 (Formerly District 5 —Lynnhaven) 8. Ordinance to ACCEPT a donation of one (1) Medical Rapid Access Transport Off-Road Ambulance from the Hampton Roads Metropolitan Medical Response System re use by Emergency Medical Services 9. Ordinance to APPROPRIATE$10,393 from the Fire Department Gift Fund to the FY 2021- 22 Fire Department Operating Budget re purchase of gas grills for seven (7) Fire Stations 10. Ordinances to ACCEPT and APPROPRIATE: a. $18,452 from the Federal Emergency Management Agency (FEMA) to the FY 2021-22 Fire Department Operating Budget re expenses related to the mobilization of Virginia Task Force 2 to Murray,Kentucky for tornado response b. $329,000 from Virginia Department of Education to FY 2021-22 Parks and Recreation Operating Budget re support childcare programs at Princess Anne, Bow Creek, Kempsville and Williams Farm Recreation Centers c. $138,416 from the Virginia Department of Behavioral Health and Developmental Services to FY 2021-22 Human Services Operating Budget re infant program K. PLANNING 1. PUPS&PINTS,LLC/NAVY FEDERAL CREDIT UNION for a Conditional Use Permit re craft brewery at 2413 London Bridge Road District 5 (Formerly District 7 — Princess Anne) RECOMMENDATION: APPROVAL 2. ANDERTON ENTERPRISES, INC. / CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 104 District 9 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 3. RALPH BRIAN SLOOP for a Conditional Use Permit re short term rental at 313 15th Street District 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. TODD SWEIGART for a Conditional Use Permit re short term rental at 505 19th Street District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. SUZANNE LING for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 114 District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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=e222e668204505c88d 157079c3715f1 b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 1, 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 1:30 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison II. CITY MANAGER'S BRIEFINGS A. PEMBROKE MALL REDEVELOPMENT 1:45 PM Taylor V. Adams, Deputy City Manager B. SMART SCALE UPDATE 2:00 PM Katie Shannon, P.E., Engineering Support Manager—Public Works III. CITY COUNCIL LIAISON REPORTS 2:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM V. CITY COUNCIL AGENDA REVIEW 3:15 PM VI. INFORMAL SESSION - City Council Chamber- 3:30 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 C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 15, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Dr. Angela Reddix �41 BFgc o irr L i RESOLUTION WHEREAS: In 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as National Women's History Week. The U.S. Congress followed suit the next year,passing a resolution establishing a national celebration. Six Years later, the National Women's History Project successfully petitioned Congress to expand the event to the entire month of March;and WHEREAS: The National Women's History Alliance designates a yearly theme for Women's History Month with the 2022 theme "Women Providing Healing, Promoting Hope." This theme is "both a tribute to the ceaseless work of caregivers and frontline workers during this ongoing pandemic and also a recognition of the thousands of ways that women of all cultures have provided both healing and hope throughout history.";and WHEREAS: Dr.Angela D.Reddix,as the founder of Envision Lead Grow,a Norfolk-based nonprofit organization aimed at aspiring girls of all ages to chart their destines by teaching critical skills and the importance of dedication when aspiring to achieve their dreams through entrepreneurship. Dr. Reddix is a leading advocate for entrepreneurship as a way of creating positive transformation in the world.Her own entrepreneurial drive led to the formation of ARDX a multi-million-dollar award-winning healthcare management and IT consulting firm with approximately 100 employees dedicated to improving the lives of our nation's most vulnerable populations;and WHEREAS: Dr.Reddix is the author of Envision Lead Grow-Releasing the Boss Within,where she shares her knowledge and insights to help women of all ages build their busines and improve their lives by sharing principles that shift their mindset from helpless to a life o;Purpose and fulfillment;and WHEREAS: Dr. Reddix received her bachelor's degree in Business Administration in Marketing from James Madison University, master's degree in Organizational Development from Ball State University with a focus on Training, graduate certificate in Healthcare Compliance from George Washington University,and Ph.D.in Business Administration from Oklahoma State University. As an Assistant Professor and Director of the Hodge Center ut Norfolk State University,Dr.Reddix is uniquely positioned to mold college students in entrepreneurship principles and develop the programmatic offerings for the Hodge Center. Dr.Reddix also invests expertise,coaching,and capital into women of color-owned businesses through her Reddix Rules FundTM program.She is also a TEDx speaker and a Forbes Business Council Member;and WHEREAS: As a trusted community leader,Dr.Reddix serves on various boards including as the Board Chair for the YWCA of South Hampton Roads, Virginia Innovation Partnership Authority(VIPA)Board of Director,a member of the CIVIC Leadership Institute,the 757 Collab Board,the Women President's Organization,and JMU Women for Madison Executive Advisory Council. She is also board member and trustee to various local organizations including the United Way of South Hampton Roads Foundation Board of Trustees, the Kempsville Entrepreneurship Academy Board of Advisors,Norfolk State University's School of Business Advisory Board,Communities in Schools of Hampton Roads Board of Directors,and the Hampton Roads Chamber Regional and Trustee Board;and WHEREAS: Dr.Reddix's many accolades include 2021 EBONY Power 100 List,the 100 Black Men of Greater Washington, DC',Inc.and the Women Presidents'Organization 2021 Women of Color Achievement Award,the Old Dominion University(ODU) Entrepreneurial Hall of Fame, Urban League of Hampton Roads (HR)Martin Luther King,Jr. Community Leader Workforce Award, Virginia Center for Inclusive Communities' Humanitarian Award, ODU's Women of Achievement Award, ODU's Entrepreneur of the Year and Founder's Day Regional Service Awards,CO VA Business Magazine Leading Ladies of HR Award, US Chamber of Commerce's Big Blue-Ribbon Award,Inside Business's Women in Business Award,STEM Innovator Award,Pepsi Historically Better Award,HR Community Builders Award, and Bpeace Women Forward Mentor of Distinction Award. She is recognized in Virginia's Top 30 Influential Female Leaders Impacting Virginia;and NOW THEREFORE,BE IT RESOLVED: The Virginia Beach City Council honors Dr.Angela Reddix for her efforts to serve the community by way of mentorship and volunteerism by investing and sharing her talents with the next generation of young girls,women and color-owned businesses BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this 1"day of March,2022,in honor of Women's History Month recognize: DR.ANGELA REDDIX Adopted by the Council of the City of Virginia Beach, Virginia the 1 St day of March,2022 and present this Resolution duly signed by each Member of th Virgi Beac . Council with a copy spread upon the Minutes of this meeting. ( e A....-4 6'' t Th.Councif9tem6er9tlichaef T.Berfucchi Co ncif 'Mem6er Linwood O.Branch CounciIMem6er8ar6ara11.9f a '4)--:74/ CouncifMemberX. ppcfy"9fo om Coun Mem Louis R Jones unciI tem6 ohnn V.Moss 4,,,,.....„- . (1,--"-..— "................... . .4(10i . CouncilMem Aaron R.Rpuse Council Mem6erGuy 7c Tower Mem6erSa6rina D.Wooten Vice Mayor R9 ry Wi(son Mayor Rp6ert Bo66y er H. PUBLIC HEARING 1. POLLING PLACE CHANGES Windsor Oaks Precinct to Red Church Steeple Brookwood Precinct to Plaza Annex Pinewood Precinct to Plaza Middle School ro-- z-,e�:4°�•,) r s; ,,,;., e• 0e oI 4h Sf., n:62„a+J .. PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATIONS FOR THE WINDSOR OAKS,BROOKWOOD,AND PINEWOOD PRECINCTS The City Council of Virginia Beach,Virginia at its formal session on March i,2022 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling places for the Windsor Oaks, Brookwood, and Pinewood Precincts. If adopted,the new polling location fcr the Windsor Oaks Precinct would be Red Church Steeple,the new polling location for the Brookwood Precinct would be Plaza Annex,and the new polling location for the Pinewood Precinct would be Plaza Middle School. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14. Virginia Beach, Virginia,23456. If you are physically disabled or visually ,, p impaired and need assistance at this meeting, please call the CITY CLERK'S L OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). J 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: httct:ii vbg..,wctiex.cunizvt,gov,a nstage/g.ph o?MTI D=e222e66820 4505c88d157079c3715f146 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 1,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon February 20 and 27,2022. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re polling place changes: a. Brookwood Precinct to Plaza Annex b. Pinewood Precinct to Plaza Middle School c. Windsor Oaks Precinct to Red Church Steeple 2. Resolution to AMEND Chapter 8 of the Public Works Design Standards Manual re Stormwater Management(Item was Adopted February 1,2022) 3. Resolution to RENAME the Citizen Oversight Board to Flood Prevention Bond Referendum Oversight Board and set forth the requirements of certain members (Requested by Council Members Henley and Moss) 4. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property,Machinery and Tools re"Taxpayer Dividend"and to provide revenue offsets(Requested by Council Member Moss) 5. Ordinance to AMEND City Code Sections 5-531, 21-303, 23-7.1, 23-7.5 and 27-7 and REPEAL Section 21-221 re law enforcement officers(Requested by Sheriff's Office)Deferred from January 4,2022 -Sheriff's Office requests Indefinite Deferral 6. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Salem Road Sidewalk Improvements Project,CIP#100423.026(Formerly CIP#2-111.026) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal and five feet(5')drainage and utility easement at the rear of 2217 Leeward Shore Drive re construct and maintain vinyl bulkhead return and boat lift DISTRICT 8 (Formerly District 5—Lynnhaven) 8. Ordinance to ACCEPT a donation of one(1)Medical Rapid Access Transport Off-Road Ambulance from the Hampton Roads Metropolitan Medical Response System re use by Emergency Medical Services 9. Ordinance to APPROPRIATE$10,393 from the Fire Department Gift Fund to the FY 2021-22 Fire Department Operating Budget re purchase of gas grills for seven(7)Fire Stations 10. Ordinances to ACCEPT and APPROPRIATE: a. $18,452 from the Federal Emergency Management Agency (FEMA) to the FY 2021-22 Fire Department Operating Budget re expenses related to the mobilization of Virginia Task Force 2 to Murray,Kentucky for tornado response b. $329,000 from Virginia Department of Education to FY 2021-22 Parks and Recreation Operating Budget re support childcare programs at Princess Anne, Bow Creek, Kempsville and Williams Farm Recreation Centers c. $138,416 from the Virginia Department of Behavioral Health and Developmental Services to FY 2021-22 Human Services Operating Budget re infant program I -r,i,, k—.......):i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Locations for the Brookwood, Pinewood, and Windsor Oaks Polling Precincts MEETING DATE: March 1, 2022 ■ Background: The Virginia Beach Electoral Board voted on February 9, 2022 to move three polling locations. The necessary location changes are to the Windsor Oaks, Brookwood, and the Pinewood polling locations. Windsor Oaks is moving from the Windsor Woods Library to the Red Church Steeple located at 245 S. Rosemont Road, 23452 because of space constraints at the library. Brookwood is moving from the Brookwood Elementary School to the Plaza Annex located at 641 Carriage Hill Road, 23452. The location was moved to the school until the Annex finished construction. Pinewood is moving from Lynnhaven Presbyterian Church to the Plaza Middle School located at 3080 S. Lynnhaven Road, 23452 because the church no longer wants to be a polling location. ■ Considerations: These locations meet the requirements of the Americans with Disabilities Act. These changes will become effective upon approval by the City Council beginning with the June Party Primary Elections. The attached maps include information for each location regarding the availability of parking and the proximity to public transportation. • Public Information: As required by Section 24.2-306 of the Code of Virginia notice of the proposed changes will be published in the newspaper once a week for two consecutive weeks. All voters in these precincts will receive new voter notices with the name and address of the new polling locations. An advertisement will be placed in the newspaper prior to the June Party Primary Elections. • Recommendations: Adopt the proposed change. ■ Attachments: Ordinance; Maps (3) Recommended Action: Approval Submitting Department/Agency: Voter Registrar's Office /4City Manager: 4? ' 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATIONS FOR THE 3 BROOKWOOD, PINEWOOD, AND WINDSOR OAKS 4 POLLING PRECINCTS 5 6 SECTIONS AMENDED: §§ 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1 . Sections 10-1 and 10-1.1 of the City Code are hereby amended and reordained to 12 read as follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their respective 17 polling places, as set forth below: 18 19 Precinct Polling Place 20 21 Alanton Alanton Elementary School 22 Aragona Bayside Sixth Grade Campus 23 Arrowhead Arrowhead Elementary School 24 Avalon Fairfield Elementary School 25 Baker Ebenezer Baptist Church 26 Bayside Bayside Elementary School 27 Bellamy Salem Middle School 28 Blackwater Blackwater Fire Station 29 Bonney Princess Anne High School 30 Brandon Brandon Middle School 31 Brookwood Brookwood Elementary School 32 Plaza Annex 33 Buckner Green Run Baptist Church 34 Cape Henry Edgar Cayce's Association for Research and 35 Enlightenment 36 Capps Shop Back Bay Christian Assembly 37 Centerville Centerville Elementary School 38 Chesapeake Beach Bayside Baptist Church 39 Chimney Hill Rosemont Elementary School 40 College Park College Park Elementary School 41 Colonial Colonial Baptist Church 42 Colony Lynnhaven Colony Congregational Church 43 Corporate Landing Corporate Landing Middle School 44 Courthouse Kellam High School 45 Creeds Oak Grove Baptist Church 46 Cromwell Landstown High School 47 Culver Ocean Lakes High School 48 Dahlia Green Run High School 49 Dam Neck Corporate Landing Elementary School 50 Davis Corner Bettie F. Williams Elementary School 51 Eastern Shore Eastern Shore Chapel 52 Edinburgh St. Aidan's Episcopal Church 53 Edwin Kempsville Middle School 54 Fairfield Kempsville Presbyterian Church 55 Foxfire Wave Church (Seaboard location) 56 Glenwood Glenwood Elementary School 57 Great Neck All Saints Episcopal Church 58 Green Run Green Run Elementary School 59 Haygood Haygood United Methodist Church 60 Hillcrest New Castle Elementary School 61 Hilltop Freedom Fellowship Church 62 Holland Holland Elementary School 63 Homestead Providence Presbyterian Church 64 Hunt Princess Anne Recreation Center 65 Independence Windsor Oaks Elementary School 66 Indian Lakes Indian Lakes Elementary School 67 Indian River San Lorenzo Spiritual Center 68 King's Grant King's Grant Elementary School 69 Kingston King's Grant Presbyterian Church 70 Lake Christopher New Covenant Presbyterian Church 71 Lake Joyce Morning Star Baptist Church 72 Lake Smith Bayside Church of Christ 73 Landstown Landstown Community Church 74 Larkspur St. Andrews United Methodist Church 75 Lexington Larkspur Middle School 76 Linkhorn Virginia Beach Community Chapel 77 Little Neck Lynnhaven United Methodist Church 78 London Bridge London Bridge Baptist Church 79 Lynnhaven John B. Dey Elementary School 80 Magic Hollow Virginia Beach Moose Family Center 81 Malibu Malibu Elementary School 82 Manor Providence Elementary School 83 Mt. Trashmore Windsor Woods Elementary School 84 Newtown Good Samaritan Episcopal Church 85 North Beach Galilee Episcopal Church 86 North Landing Hope Haven 87 Ocean Lakes Ocean Lakes Elementary School 88 Ocean Park Bayside Community Recreation Center 89 Oceana The Gathering at Scott Memorial United 90 Methodist Church 91 Old Donation Calvary Baptist Church 92 Pembroke Pembroke Elementary School 93 Pinewood Lynnhaven Presbyterian Church 94 Plaza Middle School 95 Plaza Lynnhaven Elementary School 96 Pleasant Hall Emmanuel Episcopal Church 97 Point O'View Point O'View Elementary School 98 Red Wing Seatack Elementary 99 Rock Lake Salem Elementary School 100 Rosemont Forest Rosemont Forest Elementary School 101 Roundhill Salem High School 102 Rudee W. T. Cooke Elementary School 103 Salem Woods Parkway Elementary School 104 Sandbridge Tabernacle United Methodist Church 105 Seatack Mount Olive Baptist Church 106 Shannon Kempsville Elementary School 107 Shelburne Christopher Farms Elementary School 108 Shell Unity Church of Tidewater 109 Shelton Park Shelton Park Elementary 110 Sherry Park Woodstock Elementary School 111 Sigma Red Mill Elementary School 112 South Beach Museum of Contemporary Art 113 Stratford Chase Kempsville Area Library 114 Strawbridge Strawbridge Elementary School 115 Tallwood Tallwood Elementary School 116 Thalia Thalia Elementary School 117 Thoroughgood Independence Middle School 118 Timberlake White Oaks Elementary School 119 Trantwood Great Neck Baptist Church 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks 123 Red Church Steeple 124 Witchduck Bayside Presbyterian Church 125 Wolfsnare Wave Church (Old Donation location) 126 Central Absentee Voter AgricultureNoter Registrar Building 127 Precinct 128 129 2. The City Attorney and Voter Registrar are hereby directed to seek a certification of 130 no objection from the Office of the Attorney General using the preclearance procedure 131 provided by Virginia Code § 24.2-129(D). The changes authorized herein shall not be 132 administered unless and until the Attorney General has provided such certification or if 133 60 days lapses without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF ICIENCY: Voter Registrar ` ity orney's Office CA15703 R-1 February 17, 2022 PROPOSED BROOKWOOD POLLING LOCATION Plaza Annex located at 641 Carriage Hill Road, 23452 it 9Pc+ot Barn " .-.,.- irip-mart,..ft: ° AT posts'�,:�.e CI,e Ga"CE^,,a:ian© nr_....,,.r I i -1 5R6 Morse s Brea Bea&& r;H,;,:0 p,,;ateo9 L ®Brookwood ---- °` , 1, Elementary School o•PIaZa A Dave i Buster P --_ _.._i___x__ -f- — , t ii Q-e;Kra Br eaa _ -- __- . Lynnhrien Mall P C. Pa�Rnay Cente• = [ r AuthortZed taf� Ofl! �, ac Gtak gA'tl ,, OG"ten i s Apartmelts c..� F 4c 9 i .... -,, 9AMF L 1 e went Nat /and Urgent. E ,,r`-. i ®„ VTG I �� c Ilk c � `` j s r , 6 . Ij i '! / .S. Plaza Annex has just finished construction and has a parking lot that contains about 54 spaces. It is approximately .59 miles from a bus stop. a. `' i !jSI + PROPOSED PINEWOOD POLLING LOCATION Plaza Middle School located at 3080 S. Rosemont Road, 23452 N0 p., VOA. E �r 't es' ^` 9ReAeMons at Verna Beach i r 'Plaza Middle School ' :%' �Y 4 united States 4Q Postal sepace® Q a I I j veterans of f s a 4 Medical Equip ei \ Distributors of t,\ filt—Vairnarf (Boot Barn i,� c.a. o United States 6. Postal Service f Plea„ Plaza Middle has a parking lot that contains about 102 spaces. It is approximately .80 miles from a bus stop. .!i'l f,3 i , fill ., ., iii,. .lI L/' , * 1 Rr III t 4 ii PROPOSED WINDSOR OAKS POLLING LOCATION Red Church Steeple located at 245 S. Rosemont Road, 23452 tom. . ...... ,.-. _ a Pttb Sat s Famo;n e�Fly V ,:per A Wtv'YOrk PIZZB © 9 .s"µ, 9hec es world© 757Dance9 Advance Auto Parts �' an.kanal, arry A Advanced Futter School k Budges Trxk Rental9 s.eer... Of Massage Therapy Maid a ea..ma a1 9 L n 9 cm First Discover/scoveDiscover/ Elernentarrynntwve Schoo�0 9Academy at Rosemonte wawaP r i ,, y r l'la....sr i . o 1d 1 a c € Goodwill of Central O i ,r , ,:and Coastal Virgin.a i 3 lYindSa 1YOods9 u y •2AS S ROSemOnt °' ck yie'rvnta.y School F ha„ r, G i Rd.virginie Beach. .aer.'a Q,d.4 /f t o ; 1 Qr. s�' Dollar General O a es +, t.an,a:rs Bakery&Cale Sutra A4.. 6e S Pia/al., i3 t. 3 v Trad �S© ^ A s Pia:a ''• .�+ S Plaza TeaA §wow-ad • tea'" Sptaxa T'aif € .. r 9. .,a St.,9 w c„,,,,..r.,�� tine 44 S,p,,Dr rteInn T,* LJ Bike Shop© \0,ym`� Srhry Or Siling Dr SC,.Of n Q F A Silva or 6 F p 7 2 j a RMeT.. S • e Q lte Gs+wa..... C a a S c aF pan .."- The Cut-N-Board© ..-.ua Lineberry Park v„4 Magic TouCtr Carpet 9 ci„,,,„,„ •sn St FranCis it s. vx_,QEpic=opal Church t 0..4.0..4_ a w, 4 St t dSe r•� ,, --�:r. ._- Plastering RepAtipilairs9 Ia The church, which is .62 miles from the public bus stop, has 2 parking lots with approximately 86 parking spaces and is adjacent to the Goodwill which also has a large parking lot. i _ __ - - - 11 ' ,...- _ ' * 4#14 ' ''''''' *i' eD . 1r .,4,44 . ,i,......................:). I, . ,...., At:.' i. I f 0 -'s • ,k.i 1111 ...is I. I iiii - r_r — - i .Ts'; _ s- s ►'u 4,,t re �,) „,.., 1) ......) :.... .,::.:,:.,..„:„ CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: A RESOLUTION TO AMEND CHAPTER 8 OF THE PUBLIC WORKS DESIGN STANDARDS MANUAL REGARDING STORMWATER MANAGEMENT MEETING DATE: March 1, 2022 ■ Background: On July 6, 2021, staff brought forward changes to Appendix D of the Virginia Beach City Code regarding Stormwater Management to remove City staff members as members of the Stormwater Appeals Board. City Council deferred the item to obtain additional stakeholder input. Staff was also directed to review with stakeholders the current stormwater regulations and identify ways to improve the development review process while maintaining the resiliency of the current standards. Stakeholder Workgroup meetings were held each Friday from August 2021 to October 2021. Attendees of these meetings included developers, consulting engineers selected by the Coastal Virginia Building Industry Association (CVBIA), City Council members Jones and Moss, City Executive Leadership and staff from the Office of Performance and Accountability (OPA), Planning and Public Works. The proposed changes were published at www.vbgov.com/swcomments on December 21, 2021 with the comment period closing on January 14, 2022. Two hundred twenty-six (226) comments were received from the public. A document noting how comments were to be addressed was initially provided to City Council on January 18, 2022, and an updated version was provided on January 25, 2022 and was vetted by staff and the Workgroup on January 28, 2022. • Considerations: On January 18 and 25, 2022, staff provided City Council a document noting how comments that were received during the comment period would be addressed and or incorporated through document revisions prior to the vote on February 1 , 2022. The document included in the printed agenda on February 1 did not include the revisions addressing the comments, nor did the documents provided to the Council on the night of the meeting. What Council adopted on February 1 , 2022 was the version included in the printed agenda. Because the version of the document containing the final revisions was not displayed to the City Council at the time of the vote, the City Attorney has concluded that a new vote is required to adopt those revisions. City of Virginia Beach — Stormwater Regulatory Changes Page 2 of 2 Changes from the version adopted on February 1, 2022 are highlighted in the attached document. • Recommendation: Approval • Attachments: Resolution to amend Chapter 8 of the Public Works Design Standards Manual and final version of Chapter 8 of Public Works Design Standards Manual showing changes from the version adopted on February 1, 2022 Recommended Action: Staff recommends Approval. 70 Submitting Department/Agency: City Attorney's Officetv City Manager: 1 A RESOLUTION TO AMEND CHAPTER 8 OF 2 THE PUBLIC WORKS DESIGN STANDARDS 3 MANUAL REGARDING STORMWATER 4 MANAGEMENT 5 6 WHEREAS, by resolution, the City Council adopted and promulgated the Public 7 Works Design Standards Manual. (PWDSM); and 8 9 WHEREAS, pursuant to Section 1.5 of the PWDSM, the PWDSM shall be adopted 10 and amended by action of the City Council; and 11 12 WHEREAS, on July 6, 2021, staff brought forward proposed changes to Appendix 13 D of the Virginia Beach City Code relating to Stormwater Management to remove City 14 Staff members from the Stormwater Appeals Board. At that time, City Council deferred 15 the item to obtain additional stakeholder input. Staff was also directed to review with 16 stakeholders the current stormwater regulations and identify ways to improve the 17 development review process while maintaining the resiliency of the current standards; 18 19 WHEREAS, Stakeholder Workgroup meetings were held each Friday from August 20 2021 to October 2021. Attendees of these meetings included developers, consulting 21 engineers selected by the Coastal Virginia Building Industry Association (CVBIA), City 22 Council members Jones and Moss, City Executive Leadership and staff from the Office 23 of Performance and Accountability (OPA), Planning and Public Works; 24 25 WHEREAS, proposed changes were published at www.vbgov.com/swcomments 26 on December 21, 2021 with the comment period closing on January 14, 2022. Two 27 hundred twenty-six (226) comments were received from the public. A document noting 28 how comments were to be addressed was initially provided to City Council on January 29 18, 2022, and an updated version was provided on January 25, 2022, and was vetted by 30 staff and the Workgroup on January 28, 2022; 31 32 WHEREAS, on February 1, 2022, City Council adopted amendments to Chapter 8 33 of the PWDSM intended to coordinate with revisions made to City Code Appendix D, the 34 Stormwater Management Ordinance. However, the document presented to and 35 approved by the City Council did not include the final revisions reconciling the comments 36 received and addressed in the January 18 and 25, 2022 communications to City Council; 37 and 38 39 WHEREAS, the City Attorney has recommended that the final revisions to Chapter 40 8 of the PWDSM be presented to the City Council for formal consideration and vote and 41 staff has prepared the attached document showing the proposed revisions, which are 42 incorporated herein. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 47 That the Public Works Design Standards Manual, Chapter 8 is hereby amended 48 and readopted as attached hereto and incorporated herein. 49 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AAA. Department of Pla ping City Attorney's Office CA15709 R-6 February 23, 2022 2 8.0 Stormwater Management 8.1 General In addition to the factors that must be considered and evaluated in the design of any drainage system, drainage systems in coastal areas must account for the unique characteristics of coastal flooding, including the impacts of tides, sea level rise and rainfall due to climate change, low ground elevations, and high groundwater tables. This Chapter of the Public Works Design Standards identifies the specific minimum design standards that must be met by all proposed drainage systems within the City of Virginia Beach. However, conformance to these standards does not relieve the licensed design professional or the firm for which the licensed design professional is performing the design, from performing all work in accordance with all applicable professional standards. The design professional must also ensure the design is consistent with sound engineering practice and principles and in accordance and compliance with all applicable codes, laws, and regulations. The licensed design professional and the firm for which the licensed design professional is performing the work are responsible for the design and for assuring that the design meets all applicable requirements and, for the required design storm/tide frequency pairs and the check storm, results in no flooding on- site and no increase in flooding upstream and downstream of the site. All proposed drainage systems within the City of Virginia Beach shall be designed and constructed in accordance with this Chapter, as well as the criteria and provisions contained in the below listed references. Analysis of existing conditions shall be required to the same level of detail and extent as the proposed drainage system design, using the same methodologies as used for the proposed drainage system and as required by these Design Standards. Virginia Department of Transportation Drainage Manual (VDOT DM)Chapters 3 through 9 and 12, inclusive of appendices and computation forms Virginia Erosion and Sediment Control Handbook(VESCH) Virginia Stormwater BMP Clearinghouse, Draft 2013 version, website (https://www.swbmp.vwrrc.vt.edu) Virginia Stormwater Management Handbook(VSMH),website (https://swbmp.vwrrc.vt.edu/references-tools/2013-draft-handbook/) The designer shall become familiar with these references and the documents they reference. Consider the latest amendments and updates to the above listed references to be incorporated into these Design Standards. Stormwater quantity and quality control measures shall be provided within the project limits or on land specifically acquired, usually in conjunction with the project, for SWM purposes in accordance with the SWMO and other applicable requirements of the City Code, state laws and regulations, or federal code, laws, and regulations. The use of off-site stormwater management facilities (SWMFs/BMPs) shall be limited to off-site compliance options contained within the SWMO. The use of water bodies not specifically designed and constructed as SWMFs/BMPs must be avoided. In all cases where offsite compliance options are being considered, the designer must provide the legal proof the project is allowed to use the offsite facility for SWM control as well as documentation demonstrating the adequacy of the SWMF/BMP for stormwater quality control. Development must also ensure adequate downstream capacity and provide easements to the extent required. Prior to beginning a project and throughout design development, designers are encouraged to meet with the City to discuss advanced design coordination. This coordination is especially City of Virginia Beach—Public Works Design Standards 8 - 'k important when complex drainage systems and tailwater conditions are involved. 1. For capital improvement or other City projects, the Public Works Stormwater Engineering Center is available for consultation, or 2. For private development projects, the designer is encouraged to meet with Planning/Development Services Center(Planning/DSC). Updates to the City Stormwater Management Master Plan (SWMM files and reports) and the Comprehensive Sea Level Rise and Recurrent Flooding Study (Sea Level Wise Study) are under development. These plans and reports, and other studies are available from the Public Works Stormwater Engineering Center. Private developers and their designers should request these documents and files through Planning/DSC. 8.2 Definitions The definitions provided herein establish the nomenclature utilized in this section. 1. Check Storm—The check storm shall be defined as the 100-year design storm event. 2. Culvert (References: VDOT DM, VDOT Road and Bridge Specifications, and VSMH, modified for clarification.)- A short closed conduit (box culvert, pipe, or other manufactured culvert), not classified as a bridge, which provides an opening through an area filled with soil for highway, roadway, or site development. Also, one or more cross drainpipes connected by one or more drainage structures (inlets, junction boxes, or manholes) hydraulically designed to function as a culvert that is not connected to a storm sewer system. 3. Drainage Area - A land area, water area, or both from which all runoff flows to a common point. 4. Drainage System- Includes all those components, manmade and natural, that convey and/or store stormwater runoff or other surface flows. 5. Energy Grade Line (EGL)- The line that represents the total energy of flow at a given location. It is the sum of the elevation head (z), pressure head (p/pg), and velocity head (v2/2g). 6. Flooding- A general or temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, or b. The unusual and rapid accumulation runoff of surface waters from any source, or c. Mudflows, which are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along a path of the current, d. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as a flash flood an abnormal tidal surge, some similarly unusual and unforeseeable event that results in flooding as defined above. 7. Hydraulic Grade Line (HGL)- A line coinciding with the level of flowing water in an open City of Virginia Beach—Public Works Design Standards 8 Fl L_ channel. In a closed conduit flowing under pressure, the HGL is the level to which water would rise in a vertical tube at any point along the pipe. It is equal to the energy grade line elevation minus the velocity head (V2/2g). 8. Impoundment (Reference: VSMH)- A collection or storage of water, such as a pond, reservoir, pit, dugout, sump etc. 9. Lake (Reference: VSMH)-A water-filled basin with a restricted outlet or no outlet; includes reservoirs and tidal ponds. 10. Localized Flooding- Smaller scale flooding that may occur outside of a stormwater conveyance system. This may include high water, ponding, or standing water from stormwater runoff, which is likely to cause property damage or unsafe conditions. 11. Major Water Body- A public bay, creek, lake, stream, river, ocean, or other large body of water that receives stormwater runoff and has a base flood elevation determined by the current Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS), the City Stormwater Master Plan, or other study available from the Public Works Stormwater Engineering Center. For tailwater computations the major (receiving) water bodies in the City of Virginia Beach are listed in Table J-12 in Appendix J. When the project does not discharge directly into one of the water bodies listed above and the drainage system is tidally influenced, the designer shall determine the hydraulic grade line (HGL) and/or water surface profile (WSP) between the project discharge point and the mapped edge of the water body listed to provide an accurate tailwater control for design purposes. 12. Private Stormwater Drainage- Surface flow, channelized flow through collection methods such as pipes and ditches, storage, treatment and discharge of rainfall generated exclusively on private property and not defined as public stormwater drainage. 13. Proposed (Increased) Impervious Area-The total increase in impervious area from existing conditions to proposed conditions within the limits of disturbance associated with the entire project. This includes improvements made both onsite and offsite, a. It will be considered an increase in impervious area if drainage area boundaries are modified as part of a project and directs additional existing impervious area into a different stormwater conveyance system. b. It will not be considered an increase in impervious area if the project site has been included in a separately approved master planned development, and the total site impreviousimpervious does not exceed that included in the master planned development. 14. Public Stormwater Drainage- The collection, conveyance, storage, and/ or treatment and discharge of stormwater runoff draining the public right-of-ways, public drainage easements, and City owned property. 15. Stormwater Conveyance System (Reference: SWMO)- A combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity.This includes: a. "Manmade stormwater conveyance system" means a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems, b. "Natural stormwater conveyance system" means the main channel of a natural stream and the flood-prone area adjacent to the main channel, or c. "Restored stormwater conveyance system" means a stormwater conveyance City of Virginia Beach—Public Works Design Standards 8 -'? system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel. 16. Storm Sewer System (Reference: VDOT DM)-A drainage system (pre-developed and/or proposed) consisting of a series of at least two interconnecting pipes and two structures (drop inlets, manholes, junction boxes, etc.), initially designed to intercept and convey stormwater runoff from a specific storm event without surcharge. A storm sewer system is one of several different types of manmade conveyance systems and is used interchangeably with the term "storm drain." 17. Stormwater Management Facility (Reference: SWMO)- A control measure that controls stormwater runoff and changes the characteristics of the runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. Hereafter this will be referred to as SWMF/BMP. (This term includes stormwater management facilities, post-construction best management practices, stormwater treatment measures, and stormwater control measures. SWMFs/BMPs include, but are not limited to, grass channels, swales, rainwater harvesting systems, permeable pavement, infiltration systems, bioretention systems, filtering practices, constructed wetlands, wet ponds, detention ponds, and manufactured storage and/or treatment devices.) 8.3 Design Requirements Applicable To All Drainage System Components Positive surface drainage and positive stormwater conveyance systems shall be provided for all projects. See Section 3.7 Streets and Alleys and Chapters 7 and 9 of the VDOT DM for minimum longitudinal slope requirements. A. Design Storms — Minimum Frequency Criteria The following design storms are required (based on drainage area contributing to each project site outfall, or disturbed area of the project): Table VIII-1 Design Storm Frequency Contributing Drainage Area Design Storm Frequency < 300 Acres 10-year 300 Acres and < 500 Acres 25-year >_ 500 Acres 50-year Critical Infrastructure Projects* 100-year *Emergency Management Centers, Evacuation Routes, Hospitals, Fire and Rescue Stations, Police Stations, Shelters, Principal Highways and Major Roadways, Public Works, Public Utilities, Emergency Operations Centers, Etc.. Consult with the City Department of Emergency Management to determine if the project contains critical infrastructure. (Note: This requirement is more stringent than the VSMP Regulation and was applicable City of Virginia Beach—Public Works Design Standards 8 -e Chapter 8—Stormwater Management June 2020 prior to January 1, 2013.) See Chapter 6 of the VDOT DM for explanations of design storms and return periods. Critical infrastructure projects shall be designed using a 100-year design storm (Consult with the City Department of Emergency Management to determine if the project contains critical infrastructure). If lower frequency design storm criteria is stated in the referenced documents (VDOT DM, Virginia Erosion and Sediment Control Handbook, Virginia Stormwater BMP Clearinghouse, or Virginia Stormwater Management Handbook) for drainage system components (channels, culverts, storm sewer systems, and SWMFs/BMPs), these Design Standards shall govern; however, the lower frequency design storm criteria cited in the reference documents shall also be analyzed and used for design. Applicable laws, ordinances, and regulations may require analyses using additional storm frequencies, such as a 1-year, 2-year, or 25-year storm for channel protection or erosion control. B. Storm Depth-Duration and Rainfall Distribution Criteria Storm rainfall depths are generally taken from NOAA Atlas 14 precipitation frequency data. However, precipitation frequency studies undertaken by the City indicate that actual rainfall frequency depths in Virginia Beach are approximately 10% greater than those specified in NOAA Atlas 14. In order to address the need for more accurate design rainfall data and to consider projected increases in rainfall frequency depths over the next 30 years, rainfall depth-duration values were increased by 20%over NOAA Atlas 14 values. These updated design rainfall depths are presented in Table VIII-2. Refer to the City of Virginia Beach study titled"Analysis of Historical and Future Heavy Precipitation,"dated July 24, 2017(CIP 7-030, PWCN-15-0014, Work Order 9A)for additional information. Table VIII-2 Rainfall Depths for City of Virginia Beach (Inches) Storm Frequency Rainfall Depths (NOAA Atlas 14+20%) 1-YR 3.60 2-YR 4.38 10-YR 6.77 25-YR 8.39 50-YR 9.79 100-YR 11.34 The storm depth, duration, and rainfall distribution criteria(1-year through 100- year storm frequency)are dependent upon the analysis and design methodology to be used (See Section 8.4.A Methodologies for Stormwater Conveyance System Design and Section 8.5.A Methodologies for Design of SWMFs/BMPs). PC-SWMM® files containing approved rainfall distribution data are available from the Public Works Stormwater Engineering Center. City of Virginia Beach—Public Works Design Standards 8 - C. Sea Level Rise/ Recurrent Flooding Analyses Base tidal elevations are generally taken from the FEMA Flood Insurance Study (FIS) for Virginia Beach and from studies undertaken by the City to assess tidal elevation frequencies particular to the City's southern receiving water bodies. 1. For development of Non-Critical Infrastructure within the City of Virginia Beach, design storm tidal elevations in the City shall be increased by 1.5 feet over the respective base (existing condition) values in order to address the impacts of minimum projected sea level rise on tidal tailwater levels. Sea level rise increases are not required for the check storm except as noted in 3 below. 2. For development of Critical Infrastructure within the City of Virginia Beach, design storm tidal elevations in the City shall be increased by 3.0 feet over the respective base (existing condition) values in order to address the impacts of maximum projected sea level rise on tidal tailwater levels. Sea level rise increases are not required for the check storm except as noted in 3 below. 3. The following drainage basins do not have long-range tidal protections included in the City's Sea Level Wise Adaptation Strategy plan. The design storm tidal elevations for the drainage basins below should apply the increased tidal elevations, shown in sections 1 and 2 above, to the check storm tidal elevations. a. Upper North Landing River b. Little Creek c. All areas south of Beggar's Bridge Creek 4. Consult with the City Department of Emergency Management to determine if the project contains critical infrastructure. Refer to Table J-12 Design Tidal Elevations for Virginia Beach in Appendix J for design tidal elevations described in this section. D. Hydraulic Grade Line and Tailwater Criteria The Hydraulic Grade Line (HGL) must be calculated for all components of the proposed (post-development) conveyance and routed system, including any existing drainage system elements that contribute to or receive drainage from the proposed (post- development) conveyance and routed systems. The step-backwater method (HEC-RAS or WSPRO) is used to compute the HGL (called "water surface profile" in the VDOT DM) in a waterway reach. This calculation is used to evaluate the unrestricted water surface elevations for bridge hydraulic design or to analyze and design channels with gradually varied flow(See Chapters 7 and 12 of the VDOT DM). The HGL calculations shall begin at the limits of analysis in the downstream receiving stormwater conveyance or at the receiving water body, whichever is necessary to establish an accurate tailwater elevation (beginning water surface level) for the HGL calculations. The limits of analysis shall be as determined using these Design Standards. To address the combination of rain and receiving water surface elevation, each project shall be designed and analyzed using the following criteria: 1. Tailwater Criteria for Projects Draining to Tidally Influenced Waters City of Virginia Beach—Public Works Design Standards 8 - E a. When the project point of discharge drains directly into one of the water bodies listed in Table J-12 Design Tidal Elevations for Virginia Beach in Appendix J, the licensed design professional shall design and analyze the drainage system, starting at the mapped or surveyed edge of the water body, using tailwater design criteria with corresponding design storm/tide joint probability pairs. b. The required design storm frequency for a project shall be determined from Table Vlll-1 Design Storm Frequency. The corresponding design storm/tide joint probability pairs are provided in Table Vlll-3 Design Storm/Tide Joint Probability Pairs for Determining Controlling Tailwater Elevation. Table VIII-3 Design Storm/Tide Joint Probability Pairs for Determining Controlling Tailwater Elevation Design 10-YR 25-YR 50-YR 100-YR Tide 1-YR 2-YR 2-YR 3-YR Rain 10-YR 25-YR 50-YR 100-YR Note: Refer to Table J-12 Design Tidal Elevations for Virginia Beach in Appendix Jfor corresponding tide elevations. Note: Joint probability pairs represent the highest-frequency rainfall with the lowest- frequency tide for each design frequency, as informed by joint probability studies undertaken by the City. c. When the project discharge point is not directly adjacent to a major water body, as defined herein, the designer shall determine the HGL between the project discharge point and the major water body to provide an accurate tailwater control for design purposes. The HGL analysis shall start at the mapped or surveyed edge of the major water body. If the HGL is determined using the Environmental Protection Agency Stormwater Management Model (EPA SWMM) or City-accepted value enhanced versions of SWMM, static tides, not diurnal tides, shall be used in the analyses. In no case can starting tailwater elevations be lower than the associated tidal elevation listed in Table J-12 in Appendix J. City Stormwater Master Plans and City SWMM files may be used for analysis, if available. 2. Tailwater Criteria for Projects Draining to Impoundments, Lakes, SWMFs/BMPs (with no tidal influence), or Non-Tidal Waterways City of Virginia Beach—Public Works Design Standards 8 -7 a. For drainage systems which discharge into existing impoundments, lakes, SWMFs/BMPs, and non- tidal waterways, the designer shall use the higher value of: 0.8 times the pipe diameter plus the invert of the system discharge pipe, or ii. The design year (10, 25, 50, or 100 based on contributing drainage area to each project or site outfall or critical infrastructure as per Table Vlll-1 Design Storm Frequency) peak water surface elevation (WSE) in the receiving water body or waterway at the pipe discharge location. (Use a 10-year controlling WSE if the design storm frequency is 10-year; use a 25-year controlling WSE if the design storm frequency is 25- year; use a 50-year controlling WSE if the design storm frequency is 50-year; and use a 100-year controlling WSE if the design storm frequency is 100-year.) b. For drainage systems designed using EPA SWMM or City-accepted value enhanced versions of SWMM the design year peak water surface elevation at each node in the system shall be determined using dynamic routing (by modeling) of all contributing storm hydrographs through the storm drainage systems and receiving impoundments, lakes, SWMFs/BMPs, or waterways to the downstream limits of analysis (See Sections 8.4 and 8.5 for additional SWMM analysis and design requirements). City Stormwater Master Plans and SWMM files may be used for analysis, if available .and 8.5 for additional SWMM analysis and design requirements). City Stormwater Master Plans and SWMM files may _. 3. Tailwater Criteria for Projects with new (increased) impervious area less than 20,000 square feet a. When design methodology outlined in sections 8.4.A.2.a and 8.5.A.2.a are used, Designer has the option to use 0.8 times the pipe diameter plus the invert of the system discharge pipe as the starting tailwater for HGL calculations in all storm events. b. When design methodology outlined in sections 8.4.A.2.a and 8.5.A.2.b are used, Designer has the option to use a variable tailwater provided from the City Master Drainage study. c. For drainage systems designed using tailwater elevations provided from the City Master Drainage Study, the provided tie-in location can be considered as the limit of analysis. Tailwater elevation data is available upon request from the Stormwater Engineering Center for public projects, and from the Development Services Center for private projects. E. Check Storm Requirements for All Projects All drainage system designs including SWMFs/BMPs and conveyance systems shall be checked using the check storm HGL analysis onco.porating the tailwater criteria stated in Sectio+ -D(incorporc iiwater criteria stated in Section 8.3.D flooding of buildings and streets. In cases where off-site structure and street flooding are determined to occur under pre-developed (existing) 100-year design storm drainage conditions, the HGL shall City of Virginia Beach—Public Works Design Standards 8 -£t not increase over the pre-developed condition as noted in Section 8.3.G.3 below. F. Compensation for Seasonal High Groundwater All developments and projects shall include a seasonal high baseflow in all channel, lake, wetland, pond and other waterway and waterbody design calculations and routings. The designer shall include the minimum allowable baseflow rate using the seasonal high baseflow shown in Table VIII-4 for each drainage area. The seasonal high baseflow shall be added to the most upstream node, waterway, or water body in the drainage area or areas in which the development or project is situated. For example, if the drainage area to one outfall in a development is 60 acres, the seasonal high baseflow to be added to the most upstream node in the drainage area equals 0.5 c.f.s., because the on-site drainage area to each site outfall is between 50 and 100 acres. If the seasonal high groundwater table does not influence the development or project drainage, then the designer shall submit hydro-geotechnical or soil science data and reports that substantiate that claim. Table VIII-4 Groundwater Baseflows According To Drainage Area Drainage Area within Development or Project to Each Outfall(Acres)* Seasonal High Baseflow(c.f.s.) <50 0.2 >_50 and < 100 0.5 >_ 100 and < 250 1.2 >_ 250 and < 500 2.3 >_ 500 and < 1000 4.7 > 1000 Consult with Public Works Stormwater Engineering Center * Exclude drainage areas upstream of the project. G. Upstream and Downstream Drainage Analyses This section provides guidelines for consideration of upstream and downstream stormwater runoff and downstream improvements and easements associated with all development and redevelopment in the City of Virginia Beach. Drainage systems shall be of adequate design for the type of proposed improvements and must sufficiently handle the existing and projected contributing upstream stormwater runoff. There must be no detrimental impacts, such as on-site flooding of buildings and streets and an increase in the frequency or level of off-site flooding of upstream or downstream properties, public right-of-ways, or drainage systems. Adequacy of the downstream system must be demonstrated for all of the following: City of Virginia Beach—Public Works Design Standards 8 - � 1. The downstream system must adequately convey the design storm to the limits of analysis, using freeboard heights and headwater depths stipulated herein and in the referenced documents. In calculations, flooding shall be considered when: a. HGL exceeds the rim of a drop inlet or manhole structure or the flowline of a curb inlet structure, or the top of bank of a channel during a design storm. b. HGL exceeds the top of curb, centerline of roadway, or finished floor elevation of a building during the check storm. 2. When flooding does not exist upstream or downstream of the proposed project, the post-developed HGL may increase provided it does not create a new area of flooding. 3. When flooding exists upstream or downstream of the proposed project, the post- development design year HGL shall not increase over the pre-development design year HGL in receiving channels and water bodies. In conformance with Army Corps of Engineers standards, 'increase in HGL' shall be defined as any design that calculates 0.05' or greater increase in HGL (per ACOE EM 1110-2-1607 Appendix B). (Note: This requirement is more stringent than the VSMP Requlation and was applicable prior to January 1, 2013.) If the development drains directly via overland runoff or a stormwater conveyance system into a major water body, the development may continue to discharge into the major water body, at its present undeveloped rate of runoff without having an easement of record. This is provided that there is neither an increase in stormwater discharge or volume nor any more than a one(1) minute change in the timing of the peak discharge. The need for drainage easements and the type of drainage easement required (private or public) will be evaluated on a case-by-case basis. Whether the drainage easement is designated as private or public depends upon the source of the stormwater. The developer must obtain a drainage easement to drain any stormwater through man- made portions (such as a canal, ditch, or pipe) of the downstream system that are not within existing drainage easements or right-of-way. Such drainage easements shall be dedicated along the entire conveyance system downstream to the closest of the following: 1. A major water body(See Definitions), 2. A City of Virginia Beach right-of-way, or 3. A City of Virginia Beach public drainage easement. See Chapter 2 Plats and Easements for detailed requirements If downstream improvements are proposed to provide conformance with the SWMO, then public drainage easements shall be provided for the downstream improvements, to include the full extent of the improvements. H. Projects Adjacent to or Discharging onto Property in Other Cities When there is potential for stormwater runoff to discharge into adjacent Cities or onto property in other Cities, the designer must consult with the agencies of that City and the property owner to determine any additional requirements. 8.4 Stormwater Conveyance System Design Requirements This section provides design requirements that are applicable to all conveyance systems (storm City of Virginia Beach-Public Works Design Standards 8 - 1 0 sewers, culverts, channels, ditches, swales, etc.). The VDOT DM is the primary reference for conveyance system design. Because SWMF/BMP design requirements are predominantly dictated by the SWMO and BMP Clearinghouse, SWMF/BMP design requirements are presented in Section 8.5 SWMF/BMP Design Requirements, separate from stormwater conveyance system design requirements. The design of complex conveyance systems, such as bridges, restored streams, rivers, stormwater pumping stations, or drainage systems in coastal zones, requires additional analysis. The use of applicable design standards and specifications are recommended. A. Methodologies for Stormwater Conveyance System Design 1. Proposed (Increased) Impervious Area >20,000 square feet a. The City requires drainage system analyses, pre-developed and proposed (post-developed) discharge hydrographs, and designs using EPA SWMM. Alternatively, designers can use a computer program that includes an EPA SWMM engine with Dynamic Routing that can be automatically uploaded into EPA SWMM. 1) Pipes 15" and larger shall be included in SWMM models. Smaller pipes and open ditches can be modeled using methodology discussed below in section 2. 2) Conduit lengths in SWMM models will be checked for accuracy to the nearest foot. b. The modeler shall use Green-Ampt infiltration method and parallel pipe/ overland flow dual links rather than flood storage nodes. City Stormwater Master Plan models currently under development use Green-Ampt Infiltration parameters. The Green- Ampt parameters shown in Table J-13 in Appendix J shall be used for the Green-Ampt infiltration method. c. When EPA SWMM-based models are used, runoff 4o,w:-_st10`,t times are computed using the catchment runoff widths. 2. Proposed (Increased) Impervious Area < 20,000 square feet a. Designer may use any design program that utilizes the 24-hour design storm. b. Designer has the option to use methodology described above in item 1. 3. Time of Concentration for NRCS(SCS)Win TR-55 Methods a. The longest Time of Concentration (Tc) to each inlet shall be used for most catchments (See the Section 6.4.4.1.8 Common Errors of the VDOT DM for overland flow conditions that require adjustments to the Tc calculation). b. Manning's Kinematic Solution is an acceptable manual method for determining the flow time for the first 100 feet of sheet flow(flow depths less than 0.1 feet). FHWA or NRCS overland flow charts, equations, or software should then be used to determine times for shallow concentrated flow (flow depths between 0.1 and 0.5 feet). For flow depths deeper than 0.5 feet, channel or pipe flow times should be determined. City of Virginia Beach—Public Works Design Standards 8 c. The total time of concentration (Tc) to an inlet or other point of analysis equals the sum of sheet flow time plus shallow concentrated flow time plus channel/pipe flow time. See Chapter 5 Tabular Hydrograph Method of NRCS TR-55 for development of travel times for stream reach routing. B. Additional Requirements for Stormwater Conveyance Systems This subsection provides additional requirements for specific components of stormwater conveyance systems, including storm sewer systems, storm drain inlets, channels, ditches, swales, canals, and lakes. 1. Manning's"n" Roughness Coefficients for Storm Sewer Pipe and Culverts are provided in Table J-4 in Appendix J. 2. Design Methods for Storm Drain Inlets Storm drain inlets on public highways and streets shall be designed in accordance with Chapter 9 of the VDOT DM, except rainfall intensity values shall be increased by 20%. 3. Drainage Structure Standards and Dimensions a. Standard drawings for City of Virginia Beach drainage structures are shown in Appendix B. b. Dimensions for City of Virginia Beach and VDOT drainage structures are provided in Tables J-5,J-6, and J-7 in Appendix J. 4. Design Methods for Channels and Culverts Channels and culverts shall be designed in accordance with Chapters 7 and 8, respectively, of the VDOT DM. Manning's"n" Roughness Coefficients for Channels, Streams, and Floodplains are listed in Table J-8 in Appendix J. 5. Ditches greater than 18 inches in depth shall be piped within City of Virginia Beach. Open drainage systems and channels are allowed where culvert requirements exceed a 72-inch diameter of reinforced concrete pipe (or equivalent). 6. Swale systems may be utilized up to 18 inches in depth, as measured from the invert of the swale to the "top of(excavated) cut." Swale side slopes must be no steeper than 3:1 H:V (horizontal to vertical); however, flatter slopes are encouraged. The minimum longitudinal slope of swales shall be 0.5% or 0.005 ft./ft.. 7. Public drainage systems not be allowed in rear yards of residential properties. Storm drain piping, conveying private drainage, shall be on a single lot. 8. Shorelines and side slopes for canals with a normal pool surface area of one acre or more shall be at a minimum designed and constructed in accordance with the following standard drawings (See Appendix B): a. B-23 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals without City of Virginia Beach—Public Works Design Standards 8 - 4. Benching b. B-24 Acceptable Slope Alternative for Lakes, Ponds, and Canals without Benching c. B-25 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals with Benching 9. Whenever the canal top-of-bank to top-of-bank width is 30 feet or greater, public maintenance easements (as per the above standard drawings) shall be provided on both sides of the canal beyond the top of bank. All public maintenance easements shall be free and clear of trees and structures but shall be sloped to facilitate drainage. Maintenance easement cross slopes shall not be more than 6%. The requirement for public maintenance easements along both sides of canals will not be waived, since crews cannot maintain wider canals from only one(1)side. 10. The designer shall inspect and classify the soil on all bank slopes graded steeper than 7:1 H:V and recommend appropriate stabilization and wave protection measures. In no case shall side slopes be steeper than 3:1 H:V. 11. Bank slope protection for canals with a normal pool surface area of one acre or more shall be installed adjacent to all water bodies with bank slopes steeper than 7:1 H:V in accordance with the standard drawings. Bank slopes that are steeper than 7:1 H:V require riprap or other appropriate long-term hardened revetment design for stabilization at the waterline, as shown on the standard drawings. This minimizes escarpments and damage from wave action at the normal waterline. 12. Channels, canals, and lakes shall only be excavated from previously undisturbed soil. Box cutting (vertical excavation) followed by establishment of conforming bank slopes by placement of fill material is strictly prohibited. 13. Whenever open channel drainage systems or swales are installed, adequate bank stabilization and erosion control measures shall be carried out according to the Virginia Erosion and Sediment Control Law and Regulations, the Virginia Erosion and Sediment Control Handbook, the City Code, Chapter 30, Article III "Erosion and Sediment Control,"and Chapter 9 of these Design Standards. 8.5 SWMF/BMP Design Requirements This section provides design requirements for SWMFs/BMPs within the City of Virginia Beach. The SWMO provides specific water quality and quantity design and compliance requirements and references the VSMH, Virginia Stormwater BMP Clearinghouse website, VSMP Regulation, and these Design Standards. A. Methodologies for Design of SWMFs/BMPs The design methodology selection process for SWMFs/BMPs is as follows: 1. When a project proposes more than 20,000 square feet of new (increased) impervious area, or designer elects to use this methodology for any development project, designer shall use the following computer programs for hydrologic and hydraulic calculations pertaining to SWMFs/BMPs: a. EPA SWMM, or City of Virginia Beach—Public Works Design Standards 8 -1 b. Value enhanced SWMM programs that can directly exchange input data with EPA SWMM. These computer programs are preferred by the City for use in all hydrologic and hydraulic analyses, no matter what size the drainage area is. 2. When a project proposes less than 20,000 square feet of new (increased) impervious area, designer has the option to use any of the following methodologies: a. Any design program that utilizes the 24-hour design storm with a tailwater based on 0.8d of the receiving pipe: When using this alternate methodology, the following minimum storage requirements shall each be met (as a cumulative storage volume): 1) Provide stormwater storage to account for 100% of increased volume generated pre-development to post-development for the design storm 2) If the provided tailwater from the City Master Drainage Study(the higher of either 10-year+SLR or 100-year without SLR) shows existing flooding onsite, provide 1:1 stormwater storage for any fill added below existing peak tailwater elevation. Tailwater b FeE b. Any design program that utilizes the 24-hour design storm. When using this alternate methodology, the designer will use a variable tailwater as described in the tailwater section: c. Same as described above in item 1, except for these smaller projects the modeling updates can be limited. If drainage patterns stay the same, the model updates can be limited to impervious cover changes without changing subcatchment delineations. B. Additional Design and Construction Criteria for SWMFs/BMPs 1. Stormwater detention and retention facilities must be designed to return to a water surface elevation that will provide 90% of the design event storage capacity within 48 hours of the end of the City's 24 hour 10-year storm. This requirement is in addition to the drawdown requirements of the Virginia Stormwater BMP Clearinghouse. 2. The elevation of the normal dry weather water level will not be less than the 10- year design storm tidal elevation (See 1-year tidal elevation, with 1.5-feet SLR, in Table J-12 Design Tidal Elevations for Virginia Beach) of the downstream major water body. (Note: This requirement is more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and was applicable prior to January 1, 2013.)This dry weather water level minimizes the destruction of vegetation due to saltwater inundation and will help mitigate the high flood stage or tide impact on the available storage within the SWMF/BMP. 3. For SWMF/BMP design, the seasonal high groundwater (SHGW) level shall be determined and certified by a Virginia licensed professional engineer, hydrogeologist, or soil scientist with training and experience in advanced soil morphology. The certification of the SHGW elevation shall be included with the drainage calculations for each proposed SWMF/BMP. 4. Underdrains shall be required for all SWMFs that utilize percolation, regardless of the infiltration rate. These underdrains shall be perforated and run horizontally City of Virginia Beach—Public Works Design Standards 8 - 'fit along the entire length of the SWMF, and shall be connected to a surface drainage structure (at least 1 surface drainage structure for every 100 linear feet of pipe). UnderdrainsThe underdrains are only required within the horizontal limits of the SWMF to aid in infiltration and are not required to have a designed outfall. 5. See the Virginia Stormwater BMP Clearinghouse Design Specifications for minimum vertical separation distances between SWMFs/BMPs and the seasonal high groundwater table and for additional SWMF/BMP design requirements. Requirements related to freeboard, setbacks, and maintenance access for extended detention basins shall also apply to all surface detention facilities with at least 18" depth. 6. Outlet control structures shall be designed to discourage clogging. Washed gravel can be piled around small diameter perforated pipes or orifices to discourage clogging due to sediments in the stormwater. The minimum on-site storm sewer pipe diameter used to restrict stormwater runoff flows shall be six (6) inches. See Appendix B Principal Spillways of the Virginia Stormwater BMP Clearinghouse Design Specifications for outlet control structure design guidance. 7. SWMFs/BMPs shall only be excavated from previously undisturbed soil. Box cutting (vertical excavation) followed by establishment of conforming bank slopes by placement of fill material is not allowed. 8. All wet SWMF/BMP retention basins shall conform to the following Standard Drawings: a. B-23 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals without Benching b. B-24 Acceptable Slope Alternative for Lakes, Ponds, and Canals Without Benching c. B-25 Rip Rap Shoreline Protection for Lakes, Ponds, and Canals with Benching Bank slopes steeper than 7:1 H:V shall have riprap or other appropriate long- term hardened revetment design for stabilization at the waterline to prevent erosion from wave action. (Note: The requirement for riprap stabilization at the waterline is more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and was applicable prior to January 1, 2013). In no case shall side slopes be steeper than 3:1 H:V. For lakes and ponds with a normal pool surface area of less than one acre, the minimum required side slope is 4:1 9. Impermeable liners shall not be used for BMP facilities unless: a. HGL soil group A or B soils exist that will not allow the normal water elevation of a wet pond to be maintained; or, b. Liners are required to prevent groundwater contamination. 10. All facilities that account for infiltration in routing calculations shall use the following maximum rates in design: a. 1 or 2-year storm: 1/2 field measured rate b. Design storm: '/ field measured rate c. Check storm: 1/8 field measured rate 11. All underground SWMFs/BMPs must be marked with a 5" x 5"x '/"or larger steel City of Virginia Beach—Public Works Design Standards 8- . plate at each corner or marked with white metallic marking tape, three (3) inches wide, placed on top of the SWMF/BMP, not to exceed one (1) foot below the ground surface level. In certain cases, at the option of the City Inspector, it may be appropriate to use both. 12. ControlOutlet control structures shall be person-accessible and shall be of sufficient size to accommodate a 12-inch diameter vacuum hose. Maintenance ports, for underground storage. shall be of sufficient size to accommodate a 12- inch diameter vacuum hose. 13. Plastic (HDPE, PE, etc.) and corrugated (aluminum or steel) metal manufactured treatment devices (MTDs)are not allowed within City right-of-way. 14. Privately owned SWMFs/BMPs should not be placed behind residential structures in rear yards and shall not be placed in the public right of way. 15. City maintained wet ponds require that the main cell be a minimum of five (5)feet deep. 16. City maintained SWMFs shall not install check valves as part of the discharge system. C. Additional Safety Considerations for SWMFs/BMPs Even the most carefully designed outlet systems are susceptible to clogging. Outlet structures shall be equipped with an emergency overflow design or an emergency overland flow path to an adequate receiving channel or water body, thereby preventing buildings and parking lots from flooding. C. Maintenance Requirements SWMFs/BMPs require regular maintenance. All private SWMFs are required to meet all minimum maintenance and access standards outlined in the DEQ BMP Clearinghouse. The owner shall execute a "SWMF Maintenance Agreement" for storm and surface water facility and system maintenance for all SWMFs/BMPs, with the exception of single family site developments. The final plats and completed SWMF Maintenance Agreement must be submitted to Planning/DSC for review and recordation in the office of the Clerk, Circuit Court in the City of Virginia Beach. The latest agreement form and plat requirements are available from Planning/DSC. Public SWMFs are required to meet the additional standards listed below. Accessible 20- foot wide public entrance access easements from public streets to SWMFs/BMPs and a maintenance and inspection access easement around SWMFs/BMPs shall be set aside so maintenance equipment can access all SWMFs/BMPs. These easements shall be dedicated to the City. SWMFs/BMPs may need public easements for staging of maintenance equipment, drying of dredge spoils, or stockpiling of excavated material. Additionally, 20-foot wide public lake entrance access easements (one (1) for every five (5) acres of lake) shall be dedicated to the City. SWMFs/BMPs greater than % acre shall provide adequate space near them for spoil or stockpile facilities (needed for maintenance) or provide a public easement on a park site with a minimum of two public access pumping easements along the appropriate lot lines. The pump-hose easements must have a minimum width of 10 feet. (Note:These requirements are more stringent than the Virginia Stormwater BMP Clearinghouse Design Specifications and were applicable prior to January 1, 2013.) City site development projects (fire stations, libraries, police stations, recreation centers, schools, etc.) with ponds on City property that are not within City right-of-way must City of Virginia Beach—Public Works Design Standards 8 - 16 provide all required City of Virginia Beach drainage impoundment easements on the site drawings and any recorded subdivision plats. These easements shall be labeled as proposed drainage easements on the drawings and subdivision plats. A note shall be provided on the subdivision plat stating: "All easements shall be established by a legal document prior to transferring the property to private ownership." Within each public access and maintenance easement, a paved driveway shall be installed from the street to the 20-foot wide maintenance easement that encircles the impoundment easement of each SWMF/BMP site. The paved driveway access shall be constructed with either asphalt or concrete, designed to support an AASHTO HS-20 live load, have a minimum width of 15 feet, and have a City of Virginia Beach standard residential entrance with a width to match the paved driveway and contain two 2-foot wide flares located at the roadway. Each of the paved driveways shall be maintained by the City as necessary. These access easements shall be dedicated to the City of Virginia Beach by deed in order to allow the City staff to inspect all SWMF/BMP sites. Access to each SWMF/BMP shall be available at all times and property owners found impeding this paved driveway shall be given 24 hours' notice to remove the impediment or the City will remove the obstruction at the property owner's expense. No permanent structures or obstructions are permitted in the easement and the driveway surface shall not be altered by private entities and/or property owners without prior approval from the City of Virginia Beach. Outlet devices and other structures for public facilities must be constructed of reinforced concrete. Bolting appurtenances in place discourages vandalism. All components of outlet devices and other structures shall be accessible for maintenance. E. Impoundment Easements A City drainage and impoundment easement must be recorded, by plat, over the entire lake, pond, drainage system, retention basin, detention basin, or other SWMF/BMP where public water is routed, when such facilities are not within a public right-of-way. The following notes must be shown on the plat where City or public waters or stormwater runoff flows through or into such a facility. Note 1. "The variable width Impoundment, Drainage, Access, and Maintenance Easement shall be available for all of the following, but not limited to, conveyance, collection, storage, drainage, impoundment, treatment, and other related uses of surface water and/or groundwater and maintenance of and access to and over the stormwater management facility. No alterations whatsoever of the stormwater management facility and its bank side slopes within the limits of the impoundment, drainage, access, and maintenance easement is permitted without the approval of the Department of Public Works. City maintenance shall be limited to that as described in the recorded Deed of Easement,see Note 2." Note 2. "Variable width impoundment, drainage, access, and maintenance easement to be dedicated to the City of Virginia Beach by deed recorded Instrument Number_in the Office of the Clerk of Circuit Court in the City of Virginia Beach." Note 3. "Twenty-foot (20') wide access and maintenance easement to be dedicated to the City of Virginia Beach by deed recorded as Instrument Number in the Office of the Clerk of Circuit Court in the City of Virginia Beach." Note 4. if storm water nines are located in the access way and for use in dedicating public drainage easements: —" -foot ( ') wide drainage, access, and maintenance easement hereby dedicated to the City of City of Virginia Beach—Public Works Design Standards 8 1` Virginia Beach." All required drainage and impoundment easements shall be platted and dedicated to the City of Virginia Beach. F. Stormwater Management Facility (SWMF/BMP) Maintenance Schedule SWMF/BMP maintenance and maintenance schedules shall be in accordance with the Virginia Beach Stormwater Management Facility Inspection and Maintenance Manual. 8.6 Materials All storm sewer systems, culverts and open drainage systems/ways shall be constructed in accordance with the applicable provisions of Divisions II through VI of the VDOT Road and Bridge Specifications, the VDOT Road and Bridge Standards, City of Virginia Beach Standard Amendments to the VDOT Road and Bridge Specifications, City of Virginia Beach Amendments to the VDOT Road and Bridge Standards, and these Design Standards, including the Standard Drawings in Appendices A,B, and C. A. Drainage Structures 1. VDOT Drainage Structures VDOT storm drainage inlets and curbs and gutters (CG-6 or CG-7) shall be used in all right-of-ways greater than 60 feet, unless otherwise directed or approved by the Department of Public Works. All other drainage structures, including catch basins, storm inlets, junction boxes, and manholes, shall be standard precast or cast-in-place concrete structures, unless otherwise approved by the Department of Public Works. Use of brick or non-standard drainage structures requires Department of Public Works approval. Hollow masonry block structures are not permitted within the City right-of-ways, public easements, or City property. 2. Inlet Shaping All storm structures (drop inlets, catch basins, and manholes, etc.) shall have full diameter invert shaping in accordance with VDOT Standard IS-1. 3. Weep Holes All storm drainage inlet structures in the right-of-way shall have a note or detail indicating that the drainage structures have permanent weep holes installed at the aggregate/subgrade interface. These weep holes will remain open after completion of the construction by using hardware cloth (or an acceptable alternative as approved by the City's Inspector) to prevent gravel intrusion into the drainage structure. Weep holes shall be constructed in accordance with City Standard Drawings as specified in Appendix B or in accordance with the VDOT Road and Bridge Standards. 4. Pipe Connections to Drainage Structures When storm sewer pipes are within City right-of-way or public easements, all connections shall be with a standard drainage structure, as referenced herein. Appropriate flexible, sealed connections in accordance with manufacturers' recommendations shall be used when pipes and structures of dissimilar materials are joined. City of Virginia Beach—Public Works Design Standards 8 1E, 5. Requirements for Modified or Non-Standard Drainage Structures Detailed drawings and supporting structural design computations must be included in the design documents when storm drainage structures are designed using other than City of Virginia Beach or VDOT standards or when standard drawings are modified. The drawings and structural design computations shall be prepared, signed, dated, and sealed by a structural engineer licensed by the Commonwealth of Virginia, Board of APELSCIDLA. 6. Minimum Interior Dimensions Where the depth of the modified or special design drainage structure is less than four (4)feet, the length and width shall each be a minimum of three (3)feet or the outside diameter of the largest connecting pipe, whichever is greater, along each wall pair. Where the depth of the modified or special design drainage structure is equal to or greater than four (4) feet, the length and width shall each be a minimum of four (4) feet or the outside diameter of the largest connecting pipe, whichever is greater, along each wall pair. See Tables J-5, J-6, and J-7 in Appendix Jfor suggested minimum drainage structure dimensions. B. Pipes 1. Minimum Allowable Pipe Diameter for Pipes within City Right-of-ways or Public Easements The minimum storm sewer pipe diameter that is permitted in the City right-of-way or public drainage easement shall be 15 inches. When conditions adjacent to a paved street or parking lot dictate, such as at the shallow end of the system or where conflicts exist, a 12-inch, 10-inch or 8-inch pipe with a reach length not to exceed 50 feet may be used as an exception. This is intended for situations involving connections or extensions to existing systems with established geometric constraints. This exception to the minimum pipe size criteria shall not be considered for new storm sewer systems. 2. Allowable Pipes a. All pipes in public easements, City right-of-ways, and City owned property shall be reinforced concrete pipe, conforming to the specifications for concrete storm sewer pipe (AASHTO designation M- 170) with the modification that all reinforced concrete pipes shall be manufactured with concrete having a minimum compressive strength of 4,000-psi. All pipe joints shall be sealed in accordance with the VDOT Road and Bridge Specifications. b. Pipes from the following list may be used in installations that are not subject to paragraph 1, above: a) Concrete, Class III, IV, or V (only Class V reinforced concrete pipe shall be used under railroad tracks). b) Polyvinyl chloride (PVC) ribbed or corrugated storm sewer pipe (smooth interior). c) Polyethylene(PE)double-wall pipe(smooth interior). d) Ductile Iron. City of Virginia Beach—Public Works Design Standards 8 1 c. Corrugated aluminum alloy pipe and pipe arches; aluminum-coated, asphalt-coated, galvanized, polymer-coated, and plain corrugated steel pipe and pipe arches; and coated, galvanized, and plain aluminum alloy and steel structural plate pipe, pipe arches, and bottomless arches are not allowed in Public or Private projects. 3. Allowable Culvert Types In addition to any of the types of pipes listed in Section 8.6.B.2, above, VDOT standard reinforced concrete box culverts may be used when conveyances cross fields, roadways or parking lots. 4. Minimum Pipe Slope and Velocity All storm drainage pipes and culverts must meet one of the following 2 criteria: a. Minimum slope of 0.3% or 0.003ft/ft or b. Minimum full flow velocity of 3 feet per second, based on the design storm. 5. Maximum Pipe Velocity: Maximum pipe velocity, for concrete pipe, shall not exceed 10 feet per second to prevent scouring. 6. Pipe Joints All pipe joints within City right-of-ways, public easements, or City property, shall be sealed in accordance with the VDOT Road and Bridge Specifications. Non- gasket joints shall be sealed using a VDOT approved method and wrapped with approved filter fabric. For 12-inch to 36-inch storm pipes, a minimum 24-inch wide filter fabric shall be used; for 48-inch and larger pipes, a minimum 36-inch wide filter fabric shall be used. Each joint shall be completely wrapped with approved filter fabric cut to the required width and secured in place with the ends overlapping at least two (2)feet prior to backfilling. a. Tie-in locations between pipes and drainage structures shall be grouted and sealed with a material that conforms to the VDOT Road and Bridge Specifications and covered with a three (3) foot wide filter fabric which is secured in place as stated above. No lift holes allowed. b. Proposals for alternate joint systems that provide soil-tight joints must be submitted to the Department of Public Works for approval of work within the City right-of-way, public easements or City property. For development plans on private property, proposals must be sent to Planning/DSC for approval. c. Where significant groundwater flow is anticipated, avoid placing coarse, open-graded materials, such as Virginia Class Al riprap, above, below, or adjacent to finer materials, unless methods are employed to impede migration (fines may migrate into the coarser materials due to the action of hydraulic gradient from groundwater flow). A filter fabric shall be used to separate the materials to prevent migration. 7. Marking Non-Concrete and Non-Metal Pipe All pipes not made of concrete or metal shall have three (3) inch white metallic marking tape placed above the pipe at an elevation no less than one (1) foot below the ground surface. City of Virginia Beach—Public Works Design Standards 8-20 8. Backfilling of Pipes and Culverts All pipes and culverts installed in the City right-of-way, public easements, or City- owned property that are subject to traffic loadings shall be: a. Backfilled with Select Borrow for Trench Backfill, Minimum CBR-15 (in accordance with the City of Virginia Beach Amendments to the VDOT Road and Bridge Specifications) or granular material (as defined by AASHTO M 145 "Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes"), b. Placed in six(6) inch lifts, and c. Compacted to 95 percent of standard density based on AASHTO Specifications T-99(ASTM D698). 9. Pipe Cover a. Concrete Pipe — To protect pipe during construction, minimum height of cover prior to allowing any traffic to cross the installed pipe, shall be the diameter or span (for elliptical pipe) divided by 2 or three (3) feet, whichever is greater. Minimum finished height of cover is to be the diameter or span (for elliptical pipe) divided by 2 or two (2) feet, whichever is greater, in accordance with the VDOT Road and Bridge Standards. In accordance with VDOT Drainage Manual Section 9.4.8.4, a minimum cover of 12-inches will be allowed provided all possible means have been exhausted by the design engineer and the use is approved by Public Works or DSC. b. Plastic Pipe — Plastic pipe and fittings shall be installed in accordance with VDOT Road and Bridge Standards, PB-1 and ASTM D2321 "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications." Furthermore, underground installation of plastic pipe for sewers and other gravity flow applications shall be made with embedment materials conforming to VDOT Road and Bridge Specifications, AASHTO M 145 "Classification of Soils and Soil- Aggregate Mixtures for Highway Construction Purposes" or ASTM D2487 "Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)." Embedment materials shall be chosen from the following: a) VDOT Class I Backfill (Crusher Run Aggregate, Size No. 25 or 26 or Aggregate Base Material, Size No. 21A only), b) AASHTO M 145 group A-1, or c) ASTM D2487classification GW. c. Ductile iron pipe, Thickness Class 52, shall be required if less than two (2)feet of finalhave a minimum cover exists,_ per manufacturer recommendations, of 30-inches. 10. Flowable Backfill Flowable fill may be used on a case-by-case basis, after receiving approval from the Department of Public Works. City of Virginia Beach—Public Works Design Standards 8 -21 C. Culvert and Pipe Durability 1. Polyvinyl Chloride(PVC)Pipe(Smooth Interior) Polyvinyl Chloride (PVC) pipe and fittings shall be manufactured and tested in accordance with AASHTO M304 with a minimum pipe stiffness of 46 psi at five (5) percent deflection when tested in accordance with ASTM D2412. PVC pipe shall be certified by the compounder as meeting the requirements of ASTM D1784, cell class 12454B. PVC pipe shall be joined with two gaskets and/or a water tight sleeve in accordance with the manufacturer's recommendations for their system to result in soil tight performance (no soil infiltration into pipe) as defined in AASHTO M294-94. Otherwise, all joints and other infiltration points must be wrapped in accordance with Section 8.6.B.5, above. 2. Polyethylene(PE) Double Wall Pipe(Smooth Interior) Corrugated Polyethylene (PE) pipe, AASHTO M294, shall be produced and certified by the resin producer's professional engineer as meeting the requirements of ASTM D3350. Cell class 335420C PE pipe shall be joined with two gaskets and/or a watertight sleeve as recommended by the licensed design professional and by the pipe manufacturer for their system to result in soil-tight performance (no soil infiltration into the pipe) as defined in AASHTO M294. Otherwise, all pipe joints and all other points of potential soil infiltration shall be wrapped with geotextile fabric in accordance with Section 8.6.8.5, above. D. Standard Inspections The developer, contractor or permittee shall, at their expense, inspect all constructed storm sewer pipes and culverts with a cumulative total more than 200 linear feet of storm sewer pipe and/or culverts located within City rights-of-way and public easements utilizing a closed circuit television (CCTV) camera. Inspection shall include, but not be limited to, initial cleaning, dewatering and CCTV inspection. All data gathered to describe the conditions within the pipe system shall be collected and coded accurately and consistently utilizing standards established in Nassco's Pipeline Assessment Certification Program (PACP). For subdivision projects, the CCTV inspection shall be completed, submitted, reviewed, and approved by the Department of Planning prior to approval of the Certificate of Completion or start of defect period. For site plan projects, the CCTV inspection shall be completed, submitted, reviewed, and approved prior to surety reduction or start of defect period. Any substandard construction work, defects or damage shall be corrected by the developer, contractor or permittee at their expense to the satisfaction of the City. The corrective action must take place under the observation of Department of Planning/Civil Inspections or by providing an updated CCTV inspection to be reviewed and approved prior to approval of Certificate of Completion, start of defect, or surety reduction, whichever is applicable. Prior to the release of a Subdivision and/or Right of Way defect surety, a final visual inspection will be performed by Civil Inspections. If any deficiencies are noted, an additional CCTV inspection of the defective section may be required at the Civil Inspectors discretion. 8.7 Stormwater Utility-Fee Adjustment Program All developed sites discharging stormwater runoff into the City storm sewer system or into bodies of water within the City, either directly or indirectly, will be charged a fee in accordance with Chapter 32.5 of the Code of Virginia Beach as it pertains to the Stormwater Management Utility. Any existing developed site may request a fee adjustment by submitting a Stormwater Utility Adjustment Application provided in Appendix K. City of Virginia Beach—Public Works Design Standards 8-22 64'1-* -- <6�S Si! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Rename the Citizen Oversight Board and to Set Forth Requirements of Certain Members MEETING DATE: March 1, 2022 • Background: The City Council adopted a resolution on September 7, 2021 directing certain actions be taken in the event the residents of the City authorized the issuance of $567,500,000 in general obligation bonds for a comprehensive flood mitigation program. The residents answered the bond referendum in the affirmative. The City Council established the Citizen Oversight Board by resolution on November 16, 2021. • Considerations: There has been some confusion regarding the name of the Citizen Oversight Board. The attached resolution renames the Board as the Flood Prevention Bond Referendum Oversight Board. Additionally, the resolution requires five of the seven members of the Board to have professional or educational experience with finance, engineering, landscape architecture, environmental science, and/or contracting/project management. The two other members are not required to have such professional or educational experience. • Public Information: Normal Council agenda process. A draft of the resolution was distributed at the February 15, 2022, Informal Session. • Attachments: Resolution Requested by Councilmembers Henley and Moss REQUESTED BY COUNCILMEMBERS HENLEY AND MOSS 1 A RESOLUTION TO RENAME THE CITIZEN OVERSIGHT 2 BOARD AND TO SET FORTH REQUIREMENTS OF 3 CERTAIN MEMBERS 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents answered the bond referendum in the affirmative; 10 11 WHEREAS, the City Council established the Citizen Oversight Board (the "Board") 12 by resolution on November 16, 2021, which is attached hereto as Exhibit A; and 13 14 WHEREAS, the City Council desires to rename the Board and to specify 15 qualifications for certain members; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The Citizen Oversight Board shall be renamed as the Flood Prevention Bond 21 Referendum Oversight Board. 22 23 2. Of the seven members, five such members shall have professional or 24 educational experience with finance, engineering, landscape architecture, 25 environmental science, and/or contracting/project management. The two other 26 members are not required to have such professional or educational experience. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ttor y's Office CA15698 R-1 February 14, 2022 Exhibit A 1 A RESOLUTION TO ESTABLISH A CITIZEN OVERSIGHT 2 BOARD FOR BONDS APPROVED FOR FLOOD 3 MITIGATION 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents have answered the bond referendum in the affirmative, 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Council hereby establishes a Citizen Oversight Board composed of seven 15 members appointed by the City Council. The Board shall have access to all financial, 16 contract documents, acceptance and deliverable testing and certifications 17 documentation, and shall receive a monthly briefing from the City Manager's designee. 18 the Flood Mitigation Program's quality assurance officer, and the Contractor's program 19 manager and quality assurance officer. After appointment of the seven members, the 20 Board shall give a public briefing to the City Council every two months on the twenty-one 21 named projects in the bond referendum question and the elimination of the backlog in the 22 maintenance of the City's legacy ditches, canals, and ponds. Such meeting cadence may 23 be changed at the recommendation of the Citizen Oversight Board subject to approval by 24 the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of November , 2021 APPROVED AS TO LEGAL SUFFICIENCY- City,A or 's CA15554 R-1 November 4, 2021 ji .-_,:,--- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools for a "Taxpayer Dividend" and to Provide Revenue Offsets MEETING DATE: March 1, 2022 • Background: Councilmember Moss has proposed a "Taxpayer Dividend" for residents' June 2022 personal property tax bills. The public hearing upon the initial proposal for $13,200,000 in tax relief included testimony from the Commissioner of the Revenue. As related by the Commissioner, the value of personal property in the City has increased in an amount that would yield $60,000,000 in increased personal property tax billings. The City's collection rate for vehicles is between 72% and 78%, so the anticipated increase in actual revenue this fiscal year is $43,400,000. Councilmember Moss has proposed an amendment to the "Taxpayer Dividend" to avoid a windfall of $43,400,000 from an unprecedented increase in the valuation of vehicles. • Considerations: In the attached ordinance, the tax avoidance is provided through the percentage applied to a portion of vehicle valuations (between $1,000 and $20,000) that is subject to relief through the Personal Property Tax Relief Act, (Va. Code §§ 58.1-3523, et seq). The portion of the valuation of qualifying vehicles between $1,000 and $20,000 subject to personal property taxes would be reduced from 54.5% to 30.9%. While one should not assume assessments stay the same for individual vehicles because of the change in the market, the amount of tax applied to the first $20,000 of assessed personal property would be reduced from $436 to $247. The Commissioner of the Revenue and the City Treasurer have indicated that the implementation of this request will not require additional resources for programming and/or printing. On tax bills, the local tax relief would be bundled with the state tax relief, so personal property tax bills will have one line providing the collective tax relief. The revenue offset for this proposed action is provided by the increase in the personal property book value noted by the Commissioner of the Revenue as adjusted by the anticipated rate of collection. • Public Information: Public information will be provided through the normal Council agenda process. An earlier version of item was the subject of public comment at the February 15, 2022 Formal Session. • Attachments: Ordinance Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS FOR A "TAXPAYER 4 DIVIDEND" AND TO PROVIDE REVENUE OFFSETS 5 6 WHEREAS, Councilmember Moss has previously proposed a "Taxpayer Dividend" 7 for residents' June 2022 personal property tax bills; 8 9 WHEREAS, in the intervening weeks, the Commissioner of the Revenue has 10 reported the total valuation of vehicles has increased substantially and would result in an 11 additional $60 million of tax billings from the increase in the personal property book value; 12 13 WHEREAS, because the City's collection rate for vehicles is between 72% and 14 78%, inaction by the City Council would lead to an anticipated increase in actual revenue 15 in this fiscal year of $43,400,000; 16 17 WHEREAS, this action is needed to avoid a windfall of $43,400,000 from an 18 unprecedented increase in the valuation of vehicles; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby amends An Ordinance Establishing the Tax Levy on 24 Personal Property and Machinery and Tools for the Calendar Year 2022 to provide the 25 following text in Section 2: 26 "Sec. 2. Personal Property Tax Relief. 27 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 28 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 29 or by law, shall be subject to the following: 30 1. Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 31 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 32 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 33 will be levied at 30.9% 54,5-% of the computed tax based on the total assessed 34 value of the vehicle. Reimbursement is expected from the Commonwealth 35 under the Personal Property Tax Relief Act equal to the remaining 69.1 36 45.5% of the computed tax on the first $20,000 of assessed value. 37 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 38 30.9%54.5%of the computed tax based on the first $20,000 of assessed value 39 and 100% of the computed tax based on the assessed value in excess on 40 $20,000. Reimbursement is expected from the Commonwealth under the 41 Personal Property Tax Relief Act equal to the remaining 69.1% 45.5% of the 42 computed tax on the first $20,000 of assessed value." 43 44 BE IT FURTHER ORDAINED, THAT: 45 46 The revenue offset for the above is provided by the increase in the personal 47 property book value noted by the Commissioner of the Revenue as adjusted by 48 anticipated rate of collection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: A rney's Office CA15637 R-5 February 24, 2022 CITY OF VIRGINIA BEACH AGENDA ITEM 114 ITEM: An Ordinance to Amend Sections 5-531, 21-303, 23-7.1, 23-7.5, and 27-7 and Repeal Section 21-221 of the City Code Pertaining to Law Enforcement Officers MEETING DATE: March 1, 2022 • Background: In Virginia, felony crimes are set forth solely in the state code, but localities may adopt ordinances with respect to non-felony offenses such as misdemeanors and traffic offenses. If an offense is charged under a local ordinance, fines are returned to the locality instead of being retained by the state. The Virginia Beach Sheriffs Office has been assisting the Virginia Beach Police Department with law- enforcement issues at the Oceanfront and for certain events when requested by the Police Department. Although some City Code provisions currently provide for enforcement by "law enforcement officers," several other City Code sections currently limit enforcement to police officers. On January 4, 2022, the City Council deferred this item to the March 1, 2022 meeting. • Considerations: This ordinance amends several City Code provisions to replace references to police officers with "law enforcement officer" so sheriffs deputies also may issue summonses for those offenses under the City Code. This ordinance also repeals City Code § 21-221, because it is a duplicate of City Code § 23-7.5. The original version of this ordinance from the January 4, 2022 meeting also included an amendment to City Code § 38-5 regarding brandishing firearms, but that provision has been removed from this ordinance because the related state law specifies "police officer" and not "law enforcement officer" and is therefore subject to Dillon's Rule concerns. • Public Information: Public information will be handled through the normal Council agenda process. The City Council received public comment on this ordinance during the January 4, 2022 meeting. • Recommendations: The Sheriffs Office and Police Department are performing a comprehensive review of all current inter-departmental agreements related to coordinated public safety operations and are considering revisions necessary to further support those operations. They recommended that this agenda item be deferred indefinitely pending completion of that task. • Attachments: Ordinance Requested by the Sheriff's Office 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 531, 21-303, 23-7.1, 23-7.5 AND 27-7 AND 3 REPEAL SECTION 21-221 OF THE CITY 4 CODE PERTAINING TO LAW 5 ENFORCEMENT OFFICERS 6 7 SECTION AMENDED: §§ 5-531, 21-303, 23- 8 7.1, 23-7.5 AND 27-7 9 10 SECTION REPEALED: § 21-221 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That Sections 5-531, 21-303, 21-221, 23-7.1 and 27-7 of the Code of the City of 17 Virginia Beach, Virginia, are hereby amended and ordained to read as follows, and 18 Section 23-7.5 is repealed: 19 Sec. 5-531. Keeping dogs under restraint; leash law. 20 (a) It shall be unlawful for the owner or custodian of any dog to permit the dog to go 21 upon any city park, public street, sidewalk or right-of-way, excluding the public 22 beaches of the city, unless it is kept firmly secured by a physical leash or lead 23 attached to a collar or harness and under the control of a responsible person 24 capable of physically restraining the dog. 25 (b) Any person who does not restrain his dog, in accordance with this section, whether 26 such person be the owner or custodian of such dog, shall be guilty of a class 4 27 misdemeanor. The animal control officer or police officer law enforcement officer 28 may issue a summons to any person he finds in violation of this section. 29 (c) For the purpose of this section "city park" means any city-owned and operated 30 property open to the public for general recreational use, including, but not limited to 31 traditional park areas, canoe and kayak launch areas, and the disabled children's 32 beach playground known as Grommet Park. 33 (d) Exceptions. 34 (1) This section shall not apply to any person who uses a dog under his direct 35 supervision while lawfully hunting, while engaged in a supervised formal 36 obedience training class or show, or during formally sanctioned field trials. 37 (2) This section shall not apply to any person south of the trace line beginning at 38 the intersection of Elbow Road and the Chesapeake-Virginia Beach City 39 boundary line; thence northeastwardly along Elbow Road to Salem Road; 40 thence southeastwardly along Salem Road to North Landstown Road; thence 41 northeastwardly along Landstown Road to Princess Anne Road; thence 42 southeastwardly along Princess Anne Road to Sandbridge Road; thence 43 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 44 with the exception of any areas zoned for residential use. 45 . . . . 46 Sec. 21-303. General parking prohibitions; penalties for violation. 47 (a) No person shall park a vehicle, except when necessary to avoid conflict with other 48 traffic or in compliance with the directions of a law enforcement officer 49 or traffic-control device, in any of the following places: 50 (1) Within any designated fire lane. 51 (2) At any place so as to block any fire department connection. 52 (3) Within seventy-five (75) feet of the driveway entrance to any fire station if 53 properly posted, or on the side of a street opposite the entrance to any fire 54 station. 55 (4) In front of a public driveway. 56 (5) On the roadway side of any vehicle parked at the edge or curb of a street 57 (double parking). 58 (6) Upon any bridge or other elevated structure upon a street or highway or within 59 a tunnel. 60 (7) On the left-hand side of roadway of a two-way street. The provisions of this 61 sub-section exclude those city vehicles operated by city employees executing 62 official duties that require repeated vehicle exit and entry. 63 (8) At any place so as to impede or render dangerous the use of any street or 64 highway. 65 (b) No person shall park a vehicle, except when necessary to avoid conflict with other 66 traffic or in compliance with the directions of a police officer law enforcement officer 67 or traffic-control device, in any of the following places: 68 (1) On a sidewalk. 69 (2) On a crosswalk. 70 (3) Within twenty (20) feet of a marked crosswalk at an intersection. 71 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or 72 traffic-control signal located at the side of a roadway. 73 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points 74 on the curb immediately opposite the ends of a safety zone, unless a different 75 length is indicated by official signs or markings. 76 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. 77 (7) Alongside or opposite any street excavation or obstruction, when such parking 78 would obstruct traffic. 79 (8) At any place where official signs prohibit, reserve or restrict parking. 80 (9) In a residential or apartment district (area), if such vehicle is a commercial 81 vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. 82 This restriction shall not apply to commercial vehicles parked while engaged in 83 the normal conduct of business or in the delivery or provision of goods or 84 services in a residential or apartment district (area). 85 (10)At any place so as to prevent the use of a curb ramp located on public property 86 or on privately owned property open to the public. 87 (11)At any place, angle parked or perpendicular to a curb, unless street markings 88 permit. 89 (12) In a cul-de-sac other than close to and parallel to the edge of the curb or 90 roadway, except in parking spaces approved and marked by the City or where 91 a lawfully erected sign otherwise permits. 92 (13)On any street or highway or any city parking lot or other city-owned property for 93 the purpose of selling or offering the vehicle for sale or rent. Factors that shall 94 be considered in determining the purpose for which a vehicle is parked shall 95 include, but not be limited to (i) the number, size and placement of signs 96 offering the vehicle for sale or rent; (ii) the length of time the vehicle is parked; 97 and (iii) the manner in which the vehicle is parked. 98 (c) No person shall park on any street or highway, or on any city parking lot, any 99 vehicle which fails to display valid and current state license plates. 100 (d) Penalties. 101 (1) When a notice or citation is attached to a vehicle found parked in violation of 102 any provision of this section or section 21-1 incorporating the provisions of Title 103 46.2 of the Code of Virginia, the owner of the vehicle may pay to the city 104 treasurer, in satisfaction of any such violation, a penalty fine as listed below 105 when such payment is postmarked or received by the city treasurer within 106 fourteen (14) calendar day after issuance of such a notice or citation. Such 107 payment shall constitute a plea of guilty to the violation in question. 108 (i) A penalty fine of thirty-five dollars ($35.00) for all parking violations citing 109 City Code section 21-1 incorporating the parking provisions of Title 46.2 of 110 the Code of Virginia. 111 (ii) A penalty fine of thirty-five dollars ($35.00) for a violation of any provision 112 of subsection (a), except (a)(1), for each hour or fraction thereof during 113 which such vehicle was unlawfully parked. 114 (iii) A penalty fine of twenty dollars ($20.00) for a violation of any provision of 115 subsection (b) for each hour or fraction thereof during which such vehicle 116 was unlawfully parked. 117 (iv) A penalty fine of thirty-five dollars ($35.00) for a violation of subsection (c) 118 for each day or fraction thereof during which such vehicle was unlawfully 119 parked. 120 (v) A penalty fine of fifty dollars ($50.00) for a violation of subsection (a)(1) for 121 each hour or fraction thereof during which such vehicle was unlawfully 122 parked. 123 (2) If such payment is not postmarked or received by the city treasurer within 124 fourteen (14) calendar days after issuance of such notice or citation, the 125 penalty fine shall increase to double that indicated above. 126 (3) For failure to respond to notices or citations within thirty (30) days, refer to 127 subsection 21-312(b) below. 128 . . . . 129 . 130 Pedestrians shad obey signs and signals erected on highways or streets for the 131 132 engaged in dir 133 . 134 ach offense. 135 . . . . 136 Sec. 23-7.1. Providing identification to p law enforcement officer. 137 It shall be unlawful and a Class 1 misdemeanor for any person at a public place or 138 place open to the public to refuse to identify himself by name and address at the 139 request of a uniformed police officer law enforcement officer or of a properly identified 140 police officer law enforcement officer not in uniform, or to provide false information in 141 response to such a request, if the surrounding circumstances are such as to indicate to 142 a reasonable man that the public safety requires such identification. 143 . . . . 144 Sec. 23-7.5. Duty to obey traffic signs and signals and orders of 145 law enforcement officers. 146 Pedestrians shall obey signs and signals erected on highways or streets for the 147 direction and control of travel and traffic and they shall obey the orders of police officers 148 law enforcement officers engaged in directing travel and traffic on the highways and 149 streets. Violations of this section shall be punished by a fine not exceeding two hundred 150 dollars ($200.00) for each offense. 151 . . . . 152 Sec. 27-7. Interference with dice law enforcement animals. 153 Any person who willfully torments, beats, kicks, strikes, injures or otherwise 154 mistreats an animal owned by the department of police or sheriffs office, or who willfully 155 interferes with the lawful performance of such animal in a police law enforcement 156 activity shall be guilty of a Class 2 misdemeanor. Any person who willfully touches such 157 animal in any manner after being directed not to do so by a police officer law 158 enforcement officer shall be guilty of a Class 4 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: g-Utt Lt. re71- Sheriff's Office City Attorney's Office CA15545 R-5 February 21, 2022 r.71, �c y ,., 4 h, • r J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Salem Road Sidewalk Improvements Project, CIP 100423.026 (formerly CIP 2- 111.026), VDOT UPC 111307, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: February 15, 2022 MEETING DATE: March 1, 2022 • Background: The Salem Road Sidewalk Improvements Project (the "Project) will provide connectivity in an area that is heavily traveled by pedestrians as evidenced by the worn footpath next to the road. The Project constructs a 5-ft wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.30 miles. The concrete sidewalk will tie into existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. The Project includes new American with Disabilities Act compliant truncated dome curb ramps at the Salem Road and Salem Lakes Boulevard intersection and vehicle entrance between Salem Lakes Marketplace and Area Storage, new curb and gutter, and minor stormwater management facilities improvements. The Project qualifies as a Safe Routes to School project and will greatly improve safety for pedestrians walking to Salem Elementary School, the shopping center, and surrounding neighborhoods. The Project is partially funded by the Federal Transportation Alternatives Set-Aside Program (TAP). The Virginia Department of Transportation (VDOT) administers the program to help localities fund community-based projects that focus on pedestrian and bicycle facilities improvements. • Considerations: The Project will require property and easements from 2 privately owned parcels. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: Numerous public meetings over a multi-year period supported development of the City's Comprehensive Plan that included new sidewalk construction and alternative transportation methods for Virginia Beach. The Project was presented to the public at City Council Meetings and included in the City's Fiscal Year 2017-2018 applications for TAP funding. A City Council Public Hearing was held October 18, 2016 prior to adoption of a resolution supporting the applications. A public notice for willingness to hold a Location and Design Public Hearing was also published December 27, 2020 and January 3, 2021. A public hearing will be held on February 15, 2022, and public notice of the item will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which will delay the Project. • Recommendations: Approval. • Attachments: Ordinance, Location Map, Project Summary Page Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering Q City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SALEM ROAD SIDEWALK 4 IMPROVEMENTS PROJECT, CIP 100423.026 5 (formerly CIP 2-111.026), VDOT UPC 111307, 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and improve pedestrian safety within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "SALEM ROAD SIDEWALK IMPROVEMENTS" (the "Project"), and more 24 specifically described on the acquisition plats for the Project (plats and plans collectively 25 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 26 of Public Works, City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2022. CA15590 PREPARED: 1/28/22 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p042\00776122.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY b Li) G ATURE, CITY TTORNEY Pi s , ., DEPARTMENT �' " —� 'F. �( � wk r ..:-tom r 9 .1 i '4,,,z,4,.. ' i;1, ih• 1.-1! :1 . , 1 '''l _j#:`":41114;,,z,‘, .. . , i,,..,. -. iw.,, :, 4 I , ,L, ,,t. 1 whim CHFSHIRE FOREST CTIll sa. , .,,,ff.,... , , ,.,,,„,..,.---.4._ „^ ,,„, c:.'.......",'' 'bk. - .b. ii: ,,,,,, ., ; '-_.,c k tit k Pt' ..i3r '''' l. '''''''' ' - 0. ., ,,, ...1 4 7._•4,,,,,. -4 it , , . _.,. . lifkr,..007.-: 'rg,2 I' :5 3 j. • , Y3,, �. 7,,....:_,,,,,,.,..:110,z,,..1,,,,..‘:-N, ,. , _ . L . , , , .ii !t�7 _� _ f W ' Ar . w - WI IP '. ,..- ;:":41-;.1:''7,i:1,,,„7'..71-1'.''',4'.'''..4',4-..):: - iii• 11. ' • i. WA ' ,641 i, /.—.. . ' ' '') . or Ir r , `■ - £. _ f y - ., . '.:.? . -.-'7*--,,,,, ''. ,...-.r.. . s -iter4... ' 4 .,,,,,,,„,,, , ,„... r. , --: .,,,,,.-.7,-,7-____., .., ,.., • _,..... :....,„is, _ . ...... i:: ''";.,,.7 ' 1. ' '-..-...-N--...N.-:N.- N,r, « , . l'alk: - <• , x .,; a, f I ..fir / y4 ! D.: T� w ��y '14* + • lk �, _ tea► a �.ra. i fp ^*till ._ �� >r+y� -,)y r'iA ...rr` �= r, ., .. •',; ��"�!. 'Y ��f`li tom. )r ,;8,r� ♦: ' , Le end •ar „e. s ; _ ,. �2 9 � is,,. n� - ,,w o Project Area w 7� . - i: i '-�. City Properties ,. rn41' slm�� i :. " NOTE: I -o)' " w ,' ,� • y s` �o C` 11: r ++ LOCATION OF FEATURES ARE APPROXIMATE. ' LA.i ..:' ''.'...',,,.''1 ',1 AK cr SEE PROJECT PLANS FOR MORE DETAIL. ' `~ �, t cyT` °`" a." r - _ , c,•w.i M i.wn:y rtp`rw^f sr.e..xwr f.r,f,., ,iw,^1,w,,r r..,141.w,;..,...n,..f..w..V..4,.x...,,1..♦I.A.kn.•m,a LOCATION MAP t.NGINta:NING Salem Road Sidewalk ---,••,,, o 111111111111 (CIP 100423.026) ' ,, `' SUPPORT `° �`s Condemnation Package Area Map u :'_`'� "2474:41t1F r ii <P,a !,./ Salem Road Sidewalk v ......" This project will provide a 5-ft wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.30 miles. The concrete sidewalk will tie in to existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. The concrete sidewalk will be located within the existing right-of-way behind the existing swale. This project also includes new accessible curb ramps at the intersection of Salem Road and Salem Lakes Boulevard, piping the existing ditch, new curb and gutter and utility relocations. Right of Way will be required from one property. This project qualifies as a Safe Routes To { School project. It will greatly improve safety for pedestrians and school children walking to Salem Elementary School, and provide connectivity in an area that is heavily traveled by pedestrians as evidenced by the worn path. The total project cost is approximately $500,000. The City will provide the 20% match ($100,000) and request the remaining 80% ($400,000) in TAP funds. 1�+1 Q9 ." xn 7'T 4 - ��tlePer� ck AC Na��Cir 9 c 4.,4ke L 00C Ocrb ,t' M n , ! a . 4 ' 4ht�n P t,yr_,,r t Cr tl4 '1y `4 Vim, ` h a g. -w...,, Salem L F '' . a Fi. �B�V,� q,;r \ A llir ► Essential Church ens a ?' • `` •Il YMCA of South -i 2 Hampton Roads I 11, gyoti*; kJ, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal and a 5' drainage and utility easement, located at the rear of 2217 Leeward Shore Drive MEETING DATE: March 1, 2022 • Background: Charles Ramsey Mehle, II has requested permission to construct and maintain one 11 linear foot and one 22 linear foot vinyl bulkhead return, and construct and maintain a 7.6' x 12.8' boat lift into City-owned property known as Treasure Canal and a 5' drainage and utility easement, (collectively, the "Temporary Encroachments"). The Temporary Encroachments are adjacent to Mr. Mehle's property at 2217 Leeward Shore Drive (GPIN: 2409-19-8460). • Considerations: City staff has reviewed the requested Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are currently similar encroachments within Treasure Canal, which is where the Temporary Encroachments are located. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments, or add conditions as desired by Council. • Recommendations: Approval • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: ,AV 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 TREASURE 7 CANAL AND A 5' DRAINAGE AND 8 UTILITY EASEMENT, LOCATED AT THE 9 REAR OF 2217 LEEWARD SHORE 10 DRIVE 11 12 WHEREAS, Charles Ramsey Mehle, II ("Mr. Mehle")desires to construct and 13 maintain one 11 linear foot and one 22 linear foot vinyl bulkhead return, and construct and 14 maintain a 7.6' x 12.8' boat lift within a portion of the City property known as Treasure 15 Canal and an existing 5' drainage and utility easement, at the rear of his property located at 16 2217 Leeward Shore Drive (collectively, the "Temporary Encroachments"); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mr. Mehle, his heirs, assigns 27 and successors in title are authorized to maintain the Temporary Encroachments in the 28 City's property known as Treasure Canal and the 5' drainage and utility easement as 29 shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT 30 BAY ISLAND, SECTION 2, LOT 205 (M.B. 48, PG. 15) FOR CHARLES R. MEHLE, II 31 GPIN: 2409-19-8460 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VIRGINIA 32 23451," dated October 5, 2021, a copy of which is attached hereto as Exhibit A and on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and Mr. Mehle (the "Agreement"), an unexecuted copy 39 of which has been presented to the Council in its agenda, and will be recorded among the 40 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Mr. Mehle and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2022. CA15409 R-1 Prepared: 11/15/21 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d008\p047\00769469.doc APPROVED AS TO CONTENT: APP D AS LEGAL F ICIE Y ORM: WBL -b �WOR , REAL ESTATE D EYER -SSEFJ OR CITY ATTORNEY LOT 65 TREASURE CANAL LOT 64 N/F ROSEMARY THOMPSON NYE `--EBB2 N/F OLIVER-MACLEAY L T GRIN: 24091981850000 FLOOD - GRIN: 24091971570000 r� INST: 202000100106 N/F CITY OF VIRGINIA BEACH Co V INST: 202001 PROPOSED60 MANMADE CANALS IN BAY 12.8 ISLAND N O) I �-` �'' BOAT LIFT N 77 47 48 W M L W __ �-_. MHW EX. BKHD -- � 1 (V PROPOSED 175 LF OF REMOVE EX WHARF U' oo VINYL BULKHEAD WITH PROPOSED / / 061 AN 11 LF AND 22 LF 6' x 48' WHARF /, l RETURN d > o / O N I N O 00 : POOL - ' / O a: � � � ct o 0 0 zoo / / 1/4, L.Li o r•-) N Q N O #111 . ��✓ �i,:��i:��S:; on O N 0 CO cr I (0 Q 0 _1 \mN � O QO � O Z cn I I U � .-- N Qoz 1STY. BRICK 0 - wo - • #2217 / � `tr- Ei N /h \IZN ZUE_ F= • NI •, • //: I LOT 205 c N/F CHARLES R. MEHLE II / GPIN: 24091984600000 INST: 20130131000125930 5' DRAINAGE/UTILITIES PIN(F) 2217 LEEWARD SHORE DRIVE /7 " - EASEMENT (TYPICAL) - -. / M.B. 48, P. 15 tiTH 071i • R=4�5.00' / PIN(F) ,#N11-O Q- 8g 36 o� LEEWARD S `� Spi^,ti To p GREGORY 0. MILSTEAD p HARE gkER �� RIVE (50') rRc4E Lic. No. 047323 REF: to M.a. 48 PG. 15 'tot + ',(v 10NA L Y''- EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT 0' 40' 80' BAY ISLAND, SECTION 2, LOT 205 imomm Immo (M.B. 48, PG. 15) SCALE: 1"=40' F O R CHESAPEAKE BAY SITE CHARLES R. MEHLE II SOLUTIONS, INC. GPIN: 2409-19-8460 P.O. BOX 6663 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 VIRGINIA BEACH,VA 23456 DATE: OCTOBER 5, 2021 PH: (757) 575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 22nd day of November, 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES RAMSEY MEHLE, II, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "205" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. & 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 48, at pages 15 and 15A, respectively, and being further designated, known, and described as 2217 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain one 11 linear foot and one 22 linear foot vinyl bulkhead return, and construct and maintain a 7.6' x 12.8' boat lift, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-19-8460 (2217 LEEWARD SHORE DRIVE) Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property located at the rear of 2217 Leeward Shore Drive known as Treasure Canal and a 5' drainage and utility easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT BAY ISLAND, SECTION 2, LOT 205 (M.B. 48, PG. 15) FOR CHARLES R. MEHLE, II GPIN: 2409-19-8460 2217 LEEWARD SHORE DRIVE, VIRGINIA BEACH, VIRGINIA 23451 DATE: OCTOBER 5, 2021," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood 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. 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, 3 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 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHARLES RAMSEY MEHLE, II, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the 4 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 , 20 , 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 , 20 , 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 OW R: RLES RAMSEY ME , , STATE OF CITY/COUNTY OFG/c-opme , to-wit: The foregoing instrument was acknowledged before me this 2 Z— day of AitA, , 2014, by CHARLES RAMSEY MEHLE II. (SEAL) Not Public .�`\\` o s E P N 41''% Notary Registration Number: -2CY--Or6 y G/sr .� My Commission Expires: '/50 /1 , ;off°� `�°4'0 IA/ "',175'yRq!N1A %,,AUNa is 0\\\\\ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4.4A)TUR(E-'PlU DA M ER S NIOR TY ATTORNEY PL,) 12c4 2s--)-44-e DEPARTMENT 7 LOT 65 TREASURE CANAL N/F ROSEMARY THOMPSON NYE -0—EBB LOT 64 GPIN:24091981850000 �FLooO�- — N GFP11V0LI OLIVER-MACLEA Y L T INST:202000i0Q106 . 24091971570000 •• N/F CITY OF VIRGINIA BEACH INST:20200131000107260 MANMADE CANALS IN BAY r " 12.8' v PROPOSED co �' °'. t"'. BOAT LIFT ISLAND _ � 116.6 N 77'47'48" W 172.09'ip- �-�. MHW .� EX 4_8'� �- c PROPOSED 175 LF OF REMOVE EX. WHARF cr o O VINYL BULKHEAD WITH PROPOSED / 0o AN 11 LF AND 22 LF 6' x 48'WHARF ISO °p 1 RETURN }- ON I I o / • 0 v) �,: POOL /ii 0 ,.0 „... O O ZOO t: 00 N Q NOO ::4 v,-4,,,..' ;'. ' II °� _ N CO O O • `��'.4'liff: Ili/% / Lai c0 O JLWNN 1 / co JQ OO m E— .. I �►, O Li O , O ZmZ � / N Q al O `�Qz ' srYBRICK o rno *2217 --Ia co � w O *-I ��_- / /C! 4 1- N �l IFIIIIP LOT 205 / z v) I N/F CHARLES R. MEHLE II / GPIN: 24091984600000 INST: 20130131000125930 5' DRAINAGE/UTILITIES PIN(F) 2217 LEEWARD SHORE DRIVE / EASEMENT (TYPICAL) M.B. 48, P. 15 LTTH 07111111. R 1 : ' _ i PIN(F) 440622,N)L'' j ...........) �'� 8 ,Z LEEWq - h sP 36, T L' GREGORY 0, MILSTEAD 9 RD SHARE Nti9k o p 0 DRIVE (50, fR ciRc Lic. No. 047323 REF: M.B. 48 �f PG. 15 .061016 19 1 24721 sv`kl ZONAL E EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT 0' 40' 80' BAY ISLAND, SECTION 2, LOT 205 mom mom somminimi (M.B. 48 PG. 15) SCALE: 9"=40' FOR CHESAPEAKE BAY SITE CHARLES R. MEHLE II SOLUTIONS, INC. GPIN: 2409-19-8460 P.O. 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MEHLE II I: 2409-�s-saso G P I N 2409-19-8460 Z3 WINDWARD SHOREDR Num==ii Feet City Properties - 0 50 100 200 n...........d►..,C1A//C..../C.... Cl.r.n...4 Cer..i..ee. DI.ren11 11/1Q/')1111 v.�nnnn�n__:__a-�nnn r:i_..�nnr�inn IAnnC`��'fAnn �n OACn\'1Ann An oAcn.y_.� Disclosure Statement City of 1:uyinua Bash Planning & Community pit 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 — kkoe, Ilifyvvsl Does the applicant have a representative? LKYes ❑ No • If yes,list the name of the representative. i A C G MG.�i 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. Revised 11.09.2020 Wage Disclosure Statement City of t oyiniv Mich - 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 T110 • 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 • 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 f Jo • 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 j1Vo • 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 234\lo • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Vinfinia cad? 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 Ig;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. (--?,(6( JAC Applicant Signature CI, ,�� a. 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(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature i Print Name Revised 11.09.2020 Wage _ Disclosure Statement Nii3 City of iligistio Beach Planning&Community Development dam. Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure StatementU3 _ CV y of l iryinio Bak.* Planning & Community Development Owner Disclosure --- Owner Name Ci1Pt&IF) 72-- / ► e 1,,IE 1- Applicant Name - /}4 L 4.- (he IA le- Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes .Ntf • 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 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? 0 Yes RNo • 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 S0 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 Wage Disclosure Statement czry of%rrgiruo Batch Planning &Community Development _;;;,�. Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes g6o • If yes,identify the financial institutions providing the service. 2. Does the Own ,have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes g 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 n connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ,LLNo • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 12cgo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ,NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes (bp No • if yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement 113 • Cit y of Virginia Beath • 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. Owner Signature — C,t 1/V\ (e_ Print Name and Title Date Revised 11.09.2020 7 ! Page Ou 4' jiC i ::> CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept a Medical Rapid Access Transport Off-Road Ambulance for Use by the Department of Emergency Medical Services MEETING DATE: March 1, 2022 • Background: The Hampton Roads Metropolitan Medical Response System (HRMMRS) recently purchased a fleet of Medical Rapid Access Transport (MRAT) Off- Road Ambulances and has donated one to the City's Department of Emergency Medical Services (EMS). The value of this vehicle and contents is $64,406. These all-terrain vehicles are modeled after the Virginia Beach EMS ambulance cart and are medically equipped to provide access and medical attention in off-road situations. A MRAT is equipped with an onboard heating and ventilation system, generator, lighting, and medical equipment, and it can transport equipment, an ambulance crew, and a stretchered patient. HRMMRS is managed by the Tidewater EMS Council through an agreement with the Hampton Roads Planning District Commission. HRMMRS supports and enhances Hampton Roads public safety, hospital, public health, and emergency management response capabilities to manage mass casualty incidents. • Considerations: The MRAT Off-Road Ambulance will be used to support special medical responses where normal ambulances are unable to respond, special event medical coverage, and the regional mass casualty plan. • Public Information: Normal City Council Agenda process • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: 1 AN ORDINANCE TO ACCEPT A MEDICAL RAPID ACCESS 2 TRANSPORT OFF-ROAD AMBULANCE FOR USE BY THE 3 DEPARTMENT OF EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 A donation of one Medical Rapid Access Transport Off-Road Ambulance valued 9 at $64,406 is hereby accepted from the Hampton Roads Metropolitan Medical Response 10 System for use by the Department of Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41111"Irving' 11 udget an• anagement Services it or y'sOffice CA15707 R-1 February 16, 2022 si-C"41BE,t1 1:',1,,,(. ')5'i Zi�y 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $10,393 from the Fire Department Gift Fund for the Purchase of Gas Grills for Seven Fire Stations MEETING DATE: March 1, 2022 • Background: The Virginia Beach Fire Department (the "Department") regularly receives donations from citizens and businesses, which are deposited into the Fire Department Gift Fund. This fund is utilized to purchase items for fire stations that are not otherwise supported by the Department's General Fund budget. • Considerations: Firefighters are assigned to fire stations 24 hours per day, and a grill assists in the preparation of certain meals. The Fire Department has historically used the Gift Fund for the purchase of grills. The following is a list of the seven stations and requested grill: Station Grill Price 9 Weber Genesis 11-315 Natural Gas Grill $799 1 Weber Genesis 11-410 Natural Gas Grill $999 10 Weber Genesis 11-410 Natural Gas Grill $999 16 Weber Genesis 11-410 Natural Gas Grill $999 22 Weber Genesis 11-410 Natural Gas Grill $999 7 Weber Summit E-470 Natural Gas Grill $2,799 11 Weber Summit E-470 Natural Gas Grill $2,799 Total $10,393 • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO APPROPRIATE $10,393 FROM 2 THE FIRE DEPARTMENT GIFT FUND FOR THE 3 PURCHASE OF GAS GRILLS FOR SEVEN FIRE 4 STATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $10,393 is hereby appropriated from the Fire Department Gift Fund, with revenues 10 increased accordingly, to the Operating Budget of the Fire Department for the purchase 11 of gas grills for Fire Stations 1, 7, 9, 10, 11, 16, and 22. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget a anagement Services C' orne s 0 ice CA15705 R-1 February 16, 2022 r�'�NU'8 r� ,`, _�rk. t7} �Jj�+� tJ 4`w.. �-: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $18,452 from the Federal Emergency Management Agency for Mobilization of Virginia Task Force 2 to Kentucky for Tornado Response MEETING DATE: March 1, 2022 • Background: The Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team received activation orders to assist with the recent tornadoes in Kentucky. Two members of VA-TF2 were sent to respond to this event. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the Virginia Task Force 2 Urban Search and Rescue Team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $17,914.82. In addition, the department is entitled to $537.44 in revenue for the cost of preparing these claims, and these funds will be deposited into the FEMA Administrative Grant upon receipt. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $18,452 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR MOBILIZATION OF 4 VIRGINIA TASK FORCE 2 TO KENTUCKY FOR 5 TORNADO RESPONSE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $18,452 is hereby accepted from the Federal Emergency Management Agency 11 and appropriated, with federal revenue increased accordingly, to the FY 2021-22 12 Operating Budget of the Virginia Beach Fire Department for expenses related to the 13 mobilization of Virginia Task Force 2 to Murray, Kentucky for tornado response. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: di ! 'tit IP udget and Management Services ey' O ice CA15706 R-1 February 16, 2022 v' psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Childcare Programs at Four City Recreation Centers MEETING DATE: March 1, 2022 • Background: The Virginia Department of Education (VDOE)received $488 million from the American Rescue Plan Act (ARPA) to develop and implement a Child Care Stabilization Grant Program. The goal of this program is to stabilize childcare programs, support providers to address staffing challenges, and to help childcare providers make strategic investments in their programs. Grant recipients are eligible to receive three quarterly payments. The Department of Parks and Recreation applied for and received funding from this program for four of the department's Early Childhood Programs at the following recreation centers: Program Quarterly Total Award Award Princess Anne Recreation Center $26,133 $78,400 Bow Creek Recreation Center $28,933 $86,800 Kempsville Recreation Center $26,600 1 $79,800 Williams Farm Recreation Center $28,000 $84,000 TOTAL $109,667I $329,000 • Considerations: The total award for these recreation centers is $329,000 and may be used for the following expenditure categories: o Personnel Costs, including wages, benefits, and professional development; o PPE, cleaning, and other health and safety practices; o Equipment and Supplies, including indoor and outdoor equipment and supplies that facilitate social distancing, minimize sharing, and for regular outdoor play; o Goods and Services that are necessary for regular operations, including food, equipment, toys and books, and feeding or diapering supplies; and o Mental Health Services, including infant and early childhood mental health consultation services. Funds from this grant may not be used to fund capital investments and cannot be used for expenses incurred prior to the grant period. • Public Information: Normal Council agenda notification process. • Attachments: Ordinances Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR CHILDCARE PROGRAMS AT FOUR CITY 3 RECREATION CENTERS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $329,000 is hereby accepted from the Virginia Department of Education and 9 appropriated, with revenue increased accordingly, to the FY 2021-22 Operating Budget 10 of the Department of Parks and Recreation to support childcare programs at the Princess 11 Anne, Bow Creek, Kempsville, and Williams Farm Recreation Centers. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -iiirrt's'ifiwIri II..: )_ " 8ii,.. .i.,.. udget and Management Services tt ey's Office CA15708 R-1 February 16, 2022 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $138,416 from the Virginia Department of Behavioral Health and Developmental Services for the Department of Human Services' Infant Program MEETING DATE: March 1, 2022 • Background: The Department of Human Services ("DHS") operates the Infant Program (the "Program"). The Program serves children who have developmental delays, atypical behavior, and/or a disabling condition that is likely to result in a delay. The age range for the Program is from birth to age three. Eligible children receive a full developmental assessment, and services for children and families include, but are not limited to, service coordination, speech therapy, physical therapy, occupational therapy, and educational services. DHS has a contract with the Commonwealth's Department of Behavioral Health and Developmental Service ("DBHDS"), Early Intervention Division. DBHDS was allocated $5,103,512 in American Rescue Plan Act ("ARPA") funding and distributed half ($2,551,756) among 40 localities. The amount received by localities was based on the total number of individuals served in September of 2021. • Considerations: DBHDS has provided ARPA funding to DHS in the amount of $138,416. These funds will be used for the Program and will provide children assessments for service planning, occupational therapy, physical therapy speech therapy, and vision services. Additionally, the funds will be used for one-time system operation needs for administrative support, infrastructure costs, and professional development. These funds are to be used by September 2023. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $138,416 FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES FOR THE DEPARTMENT OF HUMAN 5 SERVICES' INFANT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $138,416 is hereby accepted from the Virginia Department of Behavioral Health 11 and Developmental Services and appropriated, with revenue increased accordingly, to 12 the FY 2021-22 Operating Budget of the Department of Human Services for the Infant 13 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an Management Services ttorney's Office CA15704 R-1 February 17, 2022 K. PLANNING 1. PUPS&PINTS,LLC/NAVY FEDERAL CREDIT UNION for a Conditional Use Permit re craft brewery at 2413 London Bridge Road District 5 (Formerly District 7 — Princess Anne) RECOMMENDATION: APPROVAL 2. ANDERTON ENTERPRISES, INC. / CLEMSON JBS, LLC for a Conditional Use Permit re automobile repair garage at 4912 Rutherford Road, Suite 104 District 9 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 3. RALPH BRIAN SLOOP for a Conditional Use Permit re short term rental at 313 15th Street District 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. TODD SWEIGART for a Conditional Use Permit re short term rental at 505 19th Street District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. SUZANNE LING for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 114 District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL ' a tO,y� ft' Z) 1b `f? ♦fFo�b«9efi NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,March 1,2022 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2nd Floor at 2401 Courthouse Drive, Virginia Beach, VA 23456. 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 WebEx 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: httos://vbgov.webex.comi vbgov/onstageigohu ?MTID=e222e668204505c88d157079c37151 1b6 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on March 1,2022. The following requests are scheduled to be heard: Pups&Pints,LLC(Applicant)Navy Federal Credit Union (Property Owner)Conditional Use Permit(Craft Brewery) Address: 2413 London Bridge Road GPIN(s): 2404896739 Council District:District 5 Anderton Enterprises,Inc.(Applicant)Clemson JBS,LLC (Property Owner) Conditional Use Permit(Automobile Repair Garage)Address:4912 Rutherford Road,Suite 104 GPIN(s):1479233301 Council District:District 9 Ralph Brian Sloop (Applicant & Property Owner) l Conditional Use Permit (Short Term Rental)Address: 313 15th Street GPIN(s):2427163367 Council District: District 5 Todd Sweigart(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 505 19th Street GPIN(s):2427071526 Council District:District 6 Suzanne Ling(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:4005 Atlantic Avenue, Unit 114 GPIN(s): 2428051448 Council District:District 6 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 City Clerk BEACON-FEBRUARY 13,2022&20,2022-1 TIME EACH ? <d.< / *. teN ,v7;s,,01 CD < .A. ,, LTI.); 0 <AL a / * p ci; z, z __1170, 1 co W it cam" I,. iiis ktq . ,ibi .(>(/' / /9 -W LW s /O \ ‘ ‘'‘,, , p CDM N tP oo0 0 cc Q Q o 4- tr) 1 0 a \ 0 cc /0, 0 I L'5.) /„Zy / wT7°A G ' ‘'‘ ':%{fi _ /6/ 4;!4' ,--T-- os• - , \ o /NI a - \ ' CNI cc c!..c '4- ra i o \ / sti- ( --2., O p i r'XIX Cl 0 Ce d �' U a 62 • o NI '// 2•Ca / 4‘) 0 / ' : .(7e'4/ :/' co ,. ./ \\Z CL c N\ ,•• '1 '`‘,„ eV L'). yzi / Q OS ° W 0.0 P (4, /(Y •, .t 0. 0 # /^ 40 ‹Y * ilV .`\LCS.' 4/ = —I i / , .0./Q A)//i4= . ) • e,'' 0/ ee 4( '</ iz° Z7t i ` / / _�40 0 '` O° 7 _, ._,_,/ 4,Q7 0,( . Lel < o ° O i� ;anti N a 4' , Qr p `' o - 0 ‘ 0 B 0 mt2,,:c - B / - _ ci_0 _____9--a- /_\ • -Cot, Li, 2-- .0 0_______EL ' (1)/ Q --ri c):. / II/ D \-) -1 cp/ '''( ' . s Tr �, oc / Q �7un N P ;o 5-)//,Q7, Q .AL , [ 0,-.^.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: PUPS & PINTS, LLC [Applicant] NAVY FEDERAL CREDIT UNION [Property Owner] Conditional Use Permit (Craft Brewery) for the property located at 2413 London Bridge Road (GPIN 2404896739). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: March 1, 2022 • Background: The applicant seeks a Conditional Use Permit to operate a 4,430 square foot Craft Brewery with an eating and drinking establishment. As part of the overall concept for the business, to be known as Pups & Pints, a 2,160 square foot commercial kennel limited to daytime doggie day-care will also occupy the 3.34-acre property zoned B-2 Community Business. Eating and drinking establishments and commercial kennels can operate as a matter of right on properties zoned B-2 Community Business District. Based on this, the request is limited to the Conditional Use Permit for the operation of the 4,430 square foot Craft Brewery. The submitted concept plan depicts an outdoor picnic area between the building and adjacent community park (Middle Oaks Plantation Park), an enclosed dog exercise area west of the picnic area, an outdoor game area (e.g. corn hole) on the southern portion of the site, and an outdoor area to watch sporting events, etc. on the southern wall of the building. The projector screening will not include amplified sound. The hours of operation for the Craft Brewery are proposed as 9:00 a.m. to 5:00 p.m. While not specifically part of the Conditional Use Permit application, the eating and drinking establishment will be open from 6:30 a.m. to 11:00 p.m., daily, serving breakfast, lunch, and dinner. Also not part of the application, the animal daycare will operate between the hours of 6:30 a.m. to 10:00 p.m. As stated above, the dogs will not be kept overnight on-site. The proposed parking spaces exceed the required parking spaces by more than fifty percent and thus will be required to comply with the provisions of Section 203(b)(9) of the Zoning Ordinance. This will be reviewed during final site plan review. • Considerations: This proposal will revitalize a commercial site that has been vacant for many years. The site is well-screened by the existing mature vegetation along its perimeter and new plants are proposed where there are gaps in the existing buffer. A 15-foot wide landscape buffer with Category IV screening is required between commercial Pups & Pints, LLC Page 2 of 4 and residentially zoned properties. The Concept Plan depicts an existing six-foot tall privacy fence and an eight-foot tall chain-link fence to remain, and existing and proposed Category VI landscape screening where the site abuts residentially zoned properties. The proposal exceeds the screening requirements set forth in Section 903 of the Zoning Ordinance. The Planning Commission concurs with Staff and finds the proposal to be in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining "Great Neighborhoods" with complementary non-residential uses and unanimously voted to recommend approval of the request. The applicant reported that they met and presented the proposal to the residences in the neighboring community. Staff received 21 letters in support from residences and business owners throughout the City and two letters in opposition to this request. There was one speaker in support and four speakers in opposition at the Planning Commission public hearing. The opposition noted concerns related to noise, odor, traffic, parking, and incompatible use in a residential neighborhood. Conditions 3, 6, 7, 8, and 14 are recommended to help mitigate potential noise impacts from uses on this site to the surrounding neighbors and prohibit parking within the public rights-of-way. The applicant is agreeable to all 14 recommended conditions. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The property shall be redeveloped in substantial conformity with the preliminary site plan entitled "Pups and Pints Redevelopment Concept Plan", (Concept Plan) revised November 29, 2021, prepared by AES Consulting Engineers, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. When redeveloped, the elevations and building materials shall be in substantial conformity with the exhibit entitled "Pups and Pints — Preliminary Design Development Drawings" dated November 26, 2021, prepared by Riddick Fiedler Stern, PC, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The use of amplified sound outdoor shall be prohibited. 4. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Pups & Pints, LLC Page 3of4 5. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 6. Vehicular parking for activities on this site, including but not limited to the doggie daycare and eating & drinking establishment, shall be on-site only and not within the public rights-of-way. 7. The hours of operation shall be as follows: a. The brewery shall be limited to the hours of 6:30 a.m. to 11:00 p.m., daily. b. Outdoor activities associated with the brewery shall be limited to the hours of 10:00 a.m. to 8:00 p.m. or dusk, whichever is later. c. Outdoor activities associated with the kennel shall be limited to the hours of 8:00 a.m. to 8:00 p.m. 8. Live entertainment will only be allowed inside the establishment when all the doors and windows are closed. No outdoor live entertainment will be permitted. 9. The occupancy load for the Craft Brewery shall be established by the Certificate of Occupancy as approved by the Permits and Inspections Division of the Department of Planning. 10.Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be deemed to be incorporated as conditions with this Conditional Use Permit. 11.All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 12.The existing pole sign shall be removed prior to the issuance of a Certificate of Occupancy for the Craft Brewery. Any new freestanding sign shall be a monument style sign, the plans for which shall be submitted to the Planning Department for review and approval for compliance with the Zoning Ordinance. If the new freestanding sign is to be located where depicted on the Concept Plan, submittal and approval of an Encroachment Application is required. 13.Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, 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. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. Pups & Pints, LLC Page 4 of 4 14.Except as permitted by Section 4.1 of the City Code for Special Events, Assembly Uses on the property shall be prohibited unless a Conditional Use Permit is obtained. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (21) Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 City Manager:0 0 Applicant Pups & Pints, LLC Agenda Item Property Owner Navy Federal Credit Unit / Planning Commission Public Hearing January 12, 2022 6 cit,,,,, City Council District District 5,formerly Princess Anne Virginia Beac Request Conditional Use Permit (Craft Brewery) Staff Recommendation Approval /_ Staff Planner --> Hoa N. Dao % ` Location 2413 London Bridge Road N GPIN • 2404896739 ,1 ,� i 1 r Site Size — t r p o j a °y F°x l 3.34 acres ,� / \ -6- s AICUZ t o - / ,. Less than65dBDNL cf. t �` Watershed „unwra Run Trail Nimm°Parkway Southern Rivers 3 ; Existing Land Use and Zoning District ► ¢ ` • ` Vacant site/B-2 Community Business f •z ', , z j` a Surrounding Land Uses and Zoning Districts wri North , London Bridge Road _- - b `=: Unimproved right-of-way — �E '`i . ' Hunt Club Farm/AG-1 Agricultural South it Middle Oaks Plantation Park /R-7.5 Residential • ", East Strawbridge Road �t � `. -4, �:, ; t-_ • „0 Single-family dwelling/R-7.5 Residential ~ . r' ,- ; >1r.,�` T: 4110.16 West > Single-family dwellings/ R-10 Residential 4. • ' `% T Pups & Pints, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Craft Brewery on a 3.34-acre property zoned B-2 Community Business. • The proposal will reuse the existing 6,590 square foot commercial building that was previously occupied by the Strawbridge Garden Center. • The submitted Concept Plan depicts 4,430 square feet of brewery space and 2,160 square feet for a membership only doggie daycare, which is classified as a commercial kennel in the Zoning Ordinance. Commercial kennels are permitted to operate in the B-2 zoning district as a matter of right. While the doggie daycare is shown on the Concept Plan, is not part of this Conditional Use Permit request and has not been reviewed for compliance with the Zoning Ordinance.This review will be completed at site plan review. According to the applicant,there will be no overnight boarding of animals on-site. • The proposal for the Craft Brewery includes an outdoor picnic area between the building and adjacent community park (Middle Oaks Plantation Park), an enclosed dog exercise area west of the picnic area, an outdoor game area south on the southern portion of the site, and an area to watch outdoors sporting events, etc. on the southern building wall. The projector screening will not include amplified sound. • Food and beverages will be served for on-site consumption and a small area is designated for the sale of merchandise.These are all allowed uses in the B-2 zoning district, not subject to the Conditional Use Permit. • The proposed hours for the Craft Brewery are 9:00 a.m.to 5:00 p.m. and the eating and drinking establishment will be opened from 6:30 a.m. to 11:00 p.m., daily.The animal daycare will operate between 6:30 a.m. to 10:00 p.m. Again, both eating and drinking establishment and the daycare are permitted as a matter of right under the provision of the B-2 zoning district. • Live entertainment is proposed inside the brewery between 2:00 p.m.to 11:00 p.m.,Thursday through Sunday, and on holidays. No outdoor amplified music is proposed or permitted. • Section 903 of the Zoning Ordinance requires a 15-foot wide landscape buffer with Category IV screening between commercial and residentially zoned properties. The Concept Plan shows existing six-foot tall privacy fence and eight- foot chain-link fence to remain, and existing and proposed Category VI landscape screening where the property abuts residentially zoned properties.The proposal exceeds the screening requirements set forth in Section 903 of the Zoning Ordinance. • Per the Zoning Ordinance, 36 parking spaces are required for the proposed use: 30 parking spaces for the brewery and six parking spaces for the animal daycare.The submitted concept plan depicts 61 parking spaces, exceeding the parking requirement by 25 spaces. Since the number of parking spaces proposed exceeds the minimum number of required parking spaces by more than fifty percent, approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance is required for the number of parking space above the maximum. A condition is recommended to reinforce the need for that variance,which will be reviewed during final site plan review. Pups & Pints, LLC Agenda Item 6 Page 2 �.� c Zoning History 462 c" P' .r �, °• # Request �1 j�O rei i' • 1 MDC Approved 11/17/2015 C-Nibi it 4 MDC Approved 12/02/2014 0411k :t4,._,... /E` RSD CUP(Outdoor Recreational Facilities)Approved O �• R20 07/08/2008 vr� �� / ' ' MDC Approved 10 23 2007 tp8 (1 / pp / / orly ` MDC Approved 11 14 2006 +( � R20 Pp / / • �i y; �� SVR(Section 4.4(b)of the Subdivision Ordinance) vAltr teat 4� Approved 04/12/2005 -,Q- - r.c-+tom R503 �`� CUP(Outdoor Recreational Facility)Approved o o, r , ®' ' 05/23/2000 � ISR74-4., t �4 CRZ(AG-2 Agricultural District to B-2 Community 4goo 'sue ,, .0 1 ,� ._Qi ,, Business District)Approved 03/11/1992 �: {1 2 CUP(Communications Tower)Approved 09/09/1998 Y/, le. 1 `g,b 'sue` 3 +LUP Approved 1983 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposed Conditional Use Permit request for the Craft Brewery, in Staffs opinion, is acceptable. The proposal is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining"Great Neighborhoods"with complementary non-residential uses. The site is well-screened by the existing mature vegetation along its perimeter.The proposal will retain existing vegetation around the property along with the installation of new plant material where there is a gap in the existing buffer. As stated above,the proposal exceeds the screening requirements of the Zoning Ordinance. To help mitigate potential noise impacts from uses on this site to the surrounding neighbors, Staff recommends a condition to limit all outdoors activities on the site to between the hours of 8:00 a.m.to 8:00 p.m or dusk, whichever of the later.The applicant is agreeable to this condition. Traffic Engineering reviewed the request and is concerned with the parking on this site spilling over onto the streets of the neighboring community. While there is a designated area for overflow parking shown on the Concept Plan to address this concern, Staff recommends a condition that will prohibits parking within the public rights-of-way. All parking must be on-site for all activities on this parcel. As mentioned above,since the number of parking spaces exceeds the minimum number of required parking spaces by more than fifty percent or 54 spaces in this instance, during final site plan review the applicant must demonstrate that the proposed use necessitates the additional parking spaces and submit the required plans to the Planning Director for review pursuant to Section 203(b)(9) of the Zoning Ordinance. Based on these considerations, Staff recommends approval of the application, subject to the conditions below. Pups & Pints, LLC Agenda Item 6 Page 3 Recommended Conditions 1. The property shall be redeveloped in substantial conformity with the preliminary site plan entitled "Pups and Pints Redevelopment Concept Plan", (Concept Plan) revised November 29, 2021, prepared by AES Consulting Engineers, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. When redeveloped,the elevations and building materials shall be in substantial conformity with the exhibit entitled "Pups and Pints—Preliminary Design Development Drawings" dated November 26, 2021, prepared by Riddick Fiedler Stern, PC, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The use of amplified sound outdoor shall be prohibited. 4. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 5. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 6. Vehicular parking for activities on this site, including but not limited to the doggie daycare and eating& drinking establishment, shall be on-site only and not within the public rights-of-way. 7. The hours of operation shall be as follows: a. The brewery shall be limited to the hours of 6:30 a.m.to 11:00 p.m., daily. b. Outdoor activities associated with the brewery shall be limited to the hours of 10:00 a.m. to 8:00 p.m. or dusk,whichever is later. c. Outdoor activities associated with the kennel shall be limited to the hours of 8:00 a.m. to 8:00 p.m. 8. Live entertainment will only be allowed inside the establishment when all the doors and windows are closed. No outdoor live entertainment will be permitted. 9. The occupancy load for the Craft Brewery shall be established by the Certificate of Occupancy as approved by the Permits and Inspections Division of the Department of Planning. 10. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be deemed to be incorporated as conditions with this Conditional Use Permit. 11. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 12. The existing pole sign shall be removed prior to the issuance of a Certificate of Occupancy for the Craft Brewery. Any new freestanding sign shall be a monument style sign,the plans for which shall be submitted to the Planning Department for review and approval for compliance with the Zoning Ordinance. If the new freestanding sign is to be located where depicted on the Concept Plan, submittal and approval of an Encroachment Application is required. 13. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,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. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator. Pups & Pints, LLC Agenda Item 6 Page 4 14. Except as permitted by Section 4.1 of the City Code for Special Events, Assembly Uses on the property shall be prohibited unless a Conditional Use Permit is obtained. 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 preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of other non-residential areas that comprise part of the Suburban Area. 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 with surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There do not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic London Bridge Road 27,592 ADT1 (2012) 32,700 ADT 1(LOS°"D") Existing Land Use 2a—0 ADT Existing Zoning 2b—1,837 ADT Strawbridge Road No Data Available 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—No Data Available 'Average Daily Trips 2a as defined by a vacant parcel 3 No information available in the 4 LOS=Level of Service 2b as defined by a 3.34-acre ITE Trip Generation Manual for a parcel zoned B-2 craft brewery or member doggie daycare Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a four-lane divided minor suburban arterial. The MTP indicates a future right-of-way width of 100 feet containing a divided highway with bike path. There are currently no CIPs for this section of London Bridge Road. Strawbridge Road is a two-lane local roadway and there are no current plans to improve this roadway. Pups & Pints, LLC Agenda Item 6 Page 5 Public Utility Impacts Water The site is connected to City water.There is a 10-inch City water main along London Bridge Road. Sewer The site must connect to City sanitary sewer.There is an eight-inch City sanitary sewer gravity main along Bartholomews Crossing. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. Two letters of opposition and 21 letters of support have been received by Staff.The opposition noted concerns related to noise, odor,traffic, parking, and incompatible use in residential neighborhood. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 13, 2022 and February 20, 2022. • 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 February 14, 2022 • 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 February 25, 2022. Pups & Pints, LLC Agenda Item 6 Page 6 Proposed Site Layout q111111t N1MNNM1M10 LONDON (BRIDGE ROAD asclimaleilusims wutr (VARIABLE WIDTH R/W) rMotes t1BIMor trr t` 1 _ _, O fwPw.• so re_ ow CM a WOWN[.�0+ • 4.7..... 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'' • 1 'A ,, , i., i„. , '; . .4: , ,,g• , i 1 .t %, ,. v. i. .., ' ,,• , , - ..• • _ ..'...r ,p ,),,,, • .,.: — • , , _ •- -,-7- 7.7.., -.7.-",u....----,---:,•ff.,.."-:*.:f....-,, ---•:-..: '-_-- ,...,•,,,,,.. - , ........, i - •-- , h . . • . . 0 .. , • , , • ,•.,1- - •'7,.-,s,• . . , '• • ''','...'. •'le'........i',..-ft-. ",..s..-,..7.f*••... ''' s-_"'-:-- .-. ..'"......-;-,....--'''•-..'''..*-..-..,,,`'2.-...-.:. . -- . ....., - . S. -'fr.- • -, Pups & Pints, LLC Agenda Item 6 Page 12 Disclosure Statement Disclosure Statement city eViyinia Bear, :;. 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 Pups and Pints,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? J Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Alexandria Lawson;Christina Sims;Andrea Paphites,Members • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the 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 furds 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. 1iPage Revised 11.09.2020 Pups & Pints, LLC Agenda Item 6 Page 13 Disclosure Statement Disclosure StatementV1713 Clt4 nJVa m.dad, 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 I• No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes No • If yes,identify the financial institutions providing the service. Purchasing the property with Southern Bank,403 Boush Street,Norfolk,Virginia 23510;John Maloney,Vice President 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 Gresh Wall,Commonwealth Commercial 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?It Yes ❑No • If yes,identify the firm and individual providing the service DesRoches&Company,CPAs 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?IE Yes ❑No • If yes,identify the firm and individual providing the service Bob Fielder,AIA,Riddick Fielder Stern 5. Is there any other pending or proposed purchaser of the subject property?0 Yes MI No • If yes,ident.fy the purchaser and purchaser's service providers 2I Pups & Pints, LLC Agenda Item 6 Page 14 Disclosure Statement Disclosure Statement City of Vbsitsio Bank 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?Q Yes ❑ No • If yes,identify the company and incividuei providing the sevice. TBD-waiting on bids 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. Larry Barry,PE,AES Consulting Engineers 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 ❑ No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C.&Aaron Ambrose,Reaves Coley,PLLC Applicant Signature I certify that all of the information contalnec in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled`or 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-ec mmittee in connection with this application. Puas-and i(' 's,LLC By: Applicanriignature i Alexandria Laytsurr,Member Print Name and Title I I''• j i i --- - -- --- --- ---- Date Is the applicant also the owner of the subject property? ❑Yes I NO • If yes,you co 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 2022.02.17 - I Print Nona__ Hoa N.Dan 31Page Pups & Pints, LLC Agenda Item 6 Page 15 Disclosure Statement Disclosure Statement (icy ofv Planning&Community Development Owner Disclosure Owner Name Navy Federal Credit Union,a federally chartered credit union Applicant Name Pups and Pints,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Laws of the United States of America;See attached for list of directors and officers. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Navy Federal Financial Group 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§2.23101. 51 Pups & Pints, LLC Agenda Item 6 Page 16 Disclosure Statement Disclosure Statement cit.„of►ayi,m get Planning&Community Development Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • Il yes,.dentify 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 Collier's International 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?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • 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 11 No • if yes,identify the firm and individual providing the service. 61 Pups & Pints, LLC Agenda Item 6 Page 17 Disclosure Statement a a^7''hw 1' .':�'y.•,:air�� ~ :v 'i i,: :�y,', :_t. ~'{"•' .—,t., '� :+Y •;; j ' /uç •4351) ft 1. ;' +lpr '�� 1 ',#;4, ,, - i ,,,,,,, ,,...,...,4....‘,...• ,n 8. is tie Owner receiving legal services in oannect'on with the subject of the application or arty business operating or to be operated on the property?■Yes 0 No • It yes,identify the firm and indiv.dual providing legal the service. David C.Hannah,Esq.,Hirschler Owner S,nature I certify that a I of the Information contained in this Disclosure Statement corm is complete,true,and accurate i understand that, upon receipt of notification that the application has been scheduled for public hearing,t am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CPPA,Wetlands Board or any public body or committee In connection with this application, Navy F Credit Unionny BY��C! aa' l/Ol;_ Owner Signature 4\ NI PS Q k S V P s P Q Q MEN i Z '4 MA tvPI, .X.he TV Print Name and Title wlo1l2121 Date q, ..•,.1 l;tr.'?all 7 1,'0 ir,c Pups & Pints, LLC Agenda Item 6 Page 18 Disclosure Statement NAVY FEDERAL Credit Union Navy Federal Board of Directors John A Lockard Bruce B Engelhardt Edward R.Cochrane,Jr Mary A McDuffre William P Mizerak Annie B.Andrews Kirk A.Foster Neil W T Hogg Pasquale M Tamburrino Jr Navy Federal Management Council Aaron Aggerwal Alex Daman Annie Sebastian Brittani Ivey Dana Vader Debbie Calder Diane Young Dietrich Kuhimann Emily Troncoso Gale Lewis George Eichert Hotly Kortright John Collins Judy Harrison Kara Cardona Keith Hoskins Lou Brenner Pam Piligian Steve Romano Tony Gal ardy Tracy Roller Pups & Pints, LLC Agenda Item 6 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. Pups & Pints, LLC Agenda Item 6 Page 20 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 6 Pups & Pints, LLC [Applicant] Navy Federal Credit Union [Property Owner] Conditional Use Permits [Craft Brewery] 2413 London Bridge Road RECOMMENDED FOR APPROVAL— HEARD Jack Wall: The next order business is the regular agenda. We're going to pause for a minute and anybody that that wants to leave at this point, feel free. So we're going to take a brief pause. Jack Wall: Okay. The next order of business is the regular agenda. Madame clerk, are we ready for the first item? Madame Clerk: Yes, we are. Mr. Bourdon just gave me some handouts for you related to this one, so I'm going to pass them along. Okay. Agenda item number six, Pups and Pints, LLC. An application for a Conditional Use Permit, Craft Brewery on property located at 2413 London Bridge Road in the Princess Anne district. Jack Wall: Thank you. Eddie Bourdon: Chairman, Mr. Vice Chairman, members of the commission. For the record, Eddie Bourdon, Virginia Beach attorney representing Pups and Pints LLC. Before I get in the presentation, as talked to Ms. Wilson earlier, when we filed the application, my client ... two owners. Alex Lawson, or Alexandria Lawson, and Christina Sims. During the pending of the application, there's a third Virginia Beach citizen and businesswoman in Virginia Beach, Andrea Pathetise that has joined their ownership. I will revise the disclosure between now and City Council to include Ms. Pathetise. So let me welcome Ms. Cuellar, thank you for volunteering your time and your service to the city. We really appreciate it. The property that we're here to talk about is a 3.34 acre parcel that is owned unconditional B2. That is general commercial district. Parcels located on the south side of London Bridge Road as it is presently configured. 1 Eddie Bourdon: Also, as London Bridge Road was originally aligned, it actually bisected the property and on the plan, you see this unimproved right away. That is where London Bridge Road used to be. The property has been zoned B2 since prior to, as the chairman mentioned in the informal, the residential that has been developed since that time that surrounds it. This is solely an application for a craft brewery to be operated within a portion of the existing building on this 3.34 acre site, and it'll be operated in conjunction with a restaurant and a membership-only doggie daycare business. Now that business will have no overnight boarding of dogs. The restaurant and the doggy daycare, which our ordinance classifies as an eating and drinking establishment in the case of the restaurant, and a kennel in the case of the doggy daycare, are by right uses on this B2 zone property. Eddie Bourdon: The doggy daycare business is a membership-only business. It's not open to the public, which you have to bring your dog there, have the dog viewed and time spent with the owners of the business to make sure the dog is friendly with others, let's say. It's not just something somebody can show up and drop their dog off. But the use is by right. It's technically called a kennel, but as well mentioned this morning, there's no boarding of animals in the facility. It will, however, be climate controlled and it will be soundproof. The applicants did not have to put all this information out there. They could just apply it for a craft brewery, but they wanted to be totally transparent with everyone and put this in there from day one. In discussions with the neighbors, they met with the neighbors, they have actually made changes to the plan to try to lessen anybody's concerns to the greatest degree that they could do so. Eddie Bourdon: As well also mentioned this morning, this is an adaptive reuse of a building and a site that were developed decades ago. I believe it was originally a equipment rental facility. I know it was. don't know if there was something there before that. Then it was a garden center for many years. Actually, it's been vacant for quite a few years. This proposal involve a major renovation and refurbishing of the existing building. We won't be adding any impervious surface to the site. You have elevations of the building as it will look when it's completed. You also have a site layout, which you all reviewed this morning and staff has extensively reviewed. The existing parking areas will be ... some areas need some patching. They'll be patched, they'll be resealed, coated, and then they'll be re-striped. Eddie Bourdon: There was an excellent discussion this morning during the informal about the fact that this is a nine to five craft brewery operation. It is a small craft brewery; three to five barrel brew house is what the brew master characterizes it. We're not anticipating exporting product. It's not Anheuser Busch. It's not Miller. It's just a small craft brewery. They'll be brewing for their own business there on the site. All of the material that's used in the brewing will be brought in on the left side of the building, where there will be a gated entrance to that side, to where there is 2 parking in the back as well. That's only for employees, not for the public, and it's where the deliveries will take place, again, during the nine to five business day, and the materials used in brewing will be stored inside the building. Eddie Bourdon: When the materials are spent, spent greens, spent hops, they will also be in the building, but for a very short period of time, there's a great demand in the agricultural community for those spent greens, spent hops. I certainly know some farmers just down the street in London Bridge Road who farm, our farm, have for years, that would love to have the material, I don't think, and they're confident, as other craft brewers can tell you, that they will have a ready market to take that off their hands promptly. They're obviously well located, close to a lot of agricultural operations. The site has existing fencing that's been there for decades around it. Most of the fencing has been consumed, or it's just greenery and natural areas all around the fencing. We're obviously not taking that fencing down. We will be adding our own fencing inside the site, which is shown on the plans, but the existing fencing on the exterior remain. Eddie Bourdon: There are a few properties to our west that don't have a fence and we will be putting up a fence, and they're cooperative and happy. They want a gate so they can get through and come in. But there will be fencing, and additional landscaping added to the already natural areas around the property that buffer the property. As I said, not that it's a part of this application, but the kennel or the doggy daycare will be heated, air conditioned, and its entrance is on the west side of the building. There are 14 conditions that have been recommended by staff with this application, all of which are acceptable to my clients. The one about parking that y'all discussed this morning, at the entrance, and I mentioned this to Ric, Strawbridge Road, as it comes in, I'm not sure the distance, but it may be too close, hopefully it is, to London Bridge Road, but there should be no parking allowed anywhere between our entrance and London Bridge Road. Eddie Bourdon: We are happy to put up not only at the entrance but in the building and let any customers know that they're not to park in the neighborhood. There is far more parking on here than is likely to be needed. We hope maybe not over time, but there is also room to add parking and there's the ability to do special event parking in the case that they have some fundraiser, and they can also do valet parking if that should ever be something that came about. So we are totally in agreement with the condition that our customers and clients not be able to park in the neighboring residential areas. That's not a problem and my clients will do their best to make sure that their clients and customers are aware that parking in the neighborhood is not permitted for the business because they have a large site and they have well above the required parking. Eddie Bourdon: In fact, that's one of the conditions that you'll are aware of and talked about this morning. We have a number of letters of support, which you all have gotten copies of. There are a number of 3 people who have come today in support of the application. I'd like to ask those people in attendance today who are in support of the Pups and Pints application to please stand and be recognized. Eddie Bourdon: Thank you all for coming very much. I'll conclude. I do represent Commonwealth Brewery over on Pleasure House Road, and we all know there are a lot of very nice small craft breweries, and Commonwealth's a lot bigger than this is going to be in residential areas that are very well appreciated by those residential areas. We certainly hope and believe that as they become good neighbors to the people who are already in the houses around them, that the people who live there will use it as a gathering place, like the Chesapeake Beach Civic League uses Commonwealth as their gathering place and trying to be respectful at all times to the community. Thank you. Jack Wall: Mr. Bourdon, I appreciate that. Are there any questions for the applicant? Dee Oliver: I've got a couple. Jack Wall: Ms. Oliver. Dee Oliver: I just want to make sure I'm clear on how the two entities ... Jack Wall: Work together. Dee Oliver: Work together. So, I went through your letters and the letters referred to how great it'll be to go to the brewery, have a drink and bring their dogs after being at work all day. So is it a dog park or is it a kennel? Because you refer to that the dogs coming would be sort of regular customers of a daycare kennel, but the letters make reference to dog park and going to the restaurant and bringing their dog. So I'm just- Eddie Bourdon: I mean, it's a very good question, Ms. Oliver. Either. The daycare, the folks who they keep the dogs during the day, someone may drop off their dogs, or dog, and then come after work to pick 4 the dog up and stick around and have a beer. Obviously, with the restaurant and with the outdoor seating area, people can come who aren't members and bring their dog on a leash and can sit outside and eat, have a beer and have their dog on a leash, but the dog's not going to be supervised by or placed in the daycare. Dee Oliver: Okay. That was my question because in the letter, some of them make reference to coming, bringing my dog, taking it to the park. So, I was just trying to see if the dog park and dog kennel were two- Eddie Bourdon: They're not separate at all. The dog park is only for use by the members who are of the daycare or the kennel. Exactly. They're not for the general public's use. That's exactly right. Dee Oliver: The other thing I noticed on your amenity plan example sheet. Eddie Bourdon: I tried to get a bigger one than this. Dee Oliver: It's very nice. You have a movie screen. Eddie Bourdon: Right. Dee Oliver: Then we have on recommended condition number three, the use of amplified sound outdoors shall be prohibited. So, I assume the movie screen is outside, because it looks like one of the inflatable ones. Eddie Bourdon: Right. The idea there is you can have a screen, as is the existence, say, with Buffalo Wild Wings, other places, you can have a screen so you can watch a game for instance, but there's no sound. That's exactly right. There will be no amplified sound, no sound from anything that is shown on the screen. 5 Dee Oliver: Perfect. Thank you. Eddie Bourdon: Thank you. You have to answer the questions. Jack Wall: Anything else? Ms. Cuellar. Holly Cuellar: Yes. I have a question. Has the Civic League for this community taken a position on the brewery? Eddie Bourdon: I'm not aware as to whether there is a Civic League for either the community that the entrance is on the east side or the street that's on the west side. The meeting that was held, all of the adjacents have been and were notified and the meeting was many weeks ago. But I'm not aware of a Civic League that's involved. Holly Cuellar: Thank you. Eddie Bourdon: Sure. Thank you all. Jack Wall: Okay. Thank you, Mr. Bourdon. Madam Clerk if you could call the first speaker. Madame Clerk: Sure. Mr. Chairman, we have a total of five speakers, all in person. Dolores Pathetise, and probably said that wrong. I'm very sorry. Dolores Pathetise. Sorry. To be followed by Lisa Irwin. Dolores Pathetise: Hello, ladies and gentleman. Jack Wall: Before you get started, can you state your name for the record please? 6 Dolores Pathetise: Dolores Pathetise. Madame Clerk: I wasn't even close, I'm sorry. Dolores Pathetise: It's not easy. That's fine. I am here in support of the brewery and the dog park. I think Virginia Beach doesn't ... Well, they definitely don't have anything like this. I have been to other facilities like this in Florida and California. It's a beautiful, beautiful environment for your pets. It actually even helps the pets with their behaviors and such, because when pets are around other pets a lot, it does calm them down, helps them out. It's just something that Virginia Beach doesn't have. I think that this facility would really make Virginia Beach, a very pet friendly community, which is, I think, lacking right now in our community. So I thank you for your time and I hope you approve it. It's going to be a beautiful, beautiful facility. All right. Thank you. Jack Wall: Thank you, Madame Clerk: Lisa Irwin followed by Brian Irvine. Lisa Irwin: Good afternoon. Jack Wall: Please state your name for the record. Lisa Irwin: Lisa Irwin. I'm a property owner to the west of the proposed site. Jack Wall: Okay. Lisa Irwin: Just want to say to allow craft brewery to operate on a parcel that is surrounded by residential property, an elementary school and neighborhood parks is not keeping with the policies and goals supporting and sustaining great neighborhoods. It poses a negative impact on the safety, 7 aesthetic, suburban character, and economic value of our stable neighborhood. Surrounded solely by homes and an outdoor recreation facility, it will severely compromise the safety, quietude and tranquility of our homes and neighborhoods. The drainage and utility easement provide an open access to Middle Oaks Plantation neighborhood park and adjoining neighborhoods, no doubt inviting unwanted pedestrian traffic. The adjoining residential property, home to young children and neighborhood parks, should not be subject to the traffic, sound, sight and smell of a brewery. If approved, this will be the seventh brewery within two and a half mile radius and the only one in a neighborhood would with eight adjoining homes. Lisa Irwin: Strawbridge Road, a neighborhood road that is used for Strawbridge Elementary School, 678 students, pedestrian traffic and access to neighborhood parks, the proposed entrance is less than a quarter of a mile of the elementary zone and three neighborhood parks that are often used for children's sport practices and other outside activities. Strawbridge Road has no shoulder, no sidewalk, it's not fully lit and is already plagued with dangerous drivers. The neighborhood roads are already dangerously overutilized by people cutting to the main arterial roads. To introduced potentially impaired drivers on our neighborhood streets near neighborhood parks and our elementary school is not complementary to our great neighborhood and the amenities they have to offer. The recommended hours of operation for the brewery are 6:30 to 11:00 PM daily. It is assumed the brewery will be serving beer from 10:00 AM to 11:00 PM. Lisa Irwin: That's not safe nor okay in such close proximity to a school zone or our neighborhoods. You're asking us to support three distinct business models combined into one, all very different regulations, all posing their own issues in residential areas. With combined business hours of 6:30 to 11:00 PM, seven days a week is sure to disrupt the quietude and tranquility of our homes and private property. This is not compatible with surrounding neighborhood. It poses significant safety issues and is especially disrupted to those families with small and school-aged children or adults that have jobs that work early hours. As part of the proposal for a craft brewery as an enclosed off- Jack Wall: I appreciate it, but the red light is on and maybe should have warned you of that before, but appreciate your comments. Are there any questions for Ms. Irwin? Donald Horsley: Could you show us where you ... take the pointer there on the podium and show us where you live? 8 Lisa Irwin: Is this one the pointer? Donald Horsley Yeah. Dee Oliver: I have a question. So just to clarify, you know the restaurant part of the brewery and the kennel are by right? Lisa Irwin: Yes. Dee Oliver: So it's just the manufacturing of the beer is what we're hearing. Lisa Irwin: The safety in the neighborhood and the fact that the dog park is not a hundred feet from the property lines at all. Outside activities will be in our backyard and where our children play in the park with very clear visual from the park to back of the brewery. Dee Oliver: So are you concerned about the safety of the children with the dogs? Lisa Irwin: No. I'm concerned basically with the safety of impaired drivers coming in and out of Strawbridge Road, potentially cutting through our neighborhoods. They will do that because they do. Even anybody north on London Bridge Road going back towards Castleton neighborhood will not be going back out on London Bridge Road after having a beer or two. They're going to cut through the neighborhoods. Dee Oliver: But if this was a restaurant without the manufacturing of beer, they would still be serving alcohol and it still would be a by right use. So I'm just- Lisa Irwin: You're right. You're absolutely right. 9 Dee Oliver: Okay. I just want to make- Lisa Irwin: I'm not sure that a restaurant would pose as much of a sit and have more than one drink. It's a little bit different atmosphere than a tasting room and a place you manufacture beer, inside and out, when probably would plan to stay there a little bit longer when you can bring your pet and not have to worry about getting home to letting them out. Dee Oliver: Got it. Lisa Irwin: I mean, in the school, that's huge. Sorry. That's a huge issue being that close to the school. School buses don't stop in the neighborhood. I mean, cars don't stop for school buses in the neighborhood now. A lot of kids in the neighborhood using those streets, Strawbridge Street, to play on, going to any of the parks. New drivers. Dee Oliver: Thank you. Lisa Irwin: Thank you. Jack Wall: Okay. Thank you. Madame Clerk: Brian Irvine followed by Jason Alhallena Brian Irvine: Good afternoon, Mr. Chairman, vice chairman, planning board commission. Jack Wall: Can you please state your name? 10 Brian Irvine: Yes, sir. My name is Brian Irvine, resident of 2229 Bartholomew's Crossing in the Middle Oaks Plantation subdivision. First, I'd like to ask you to sit in our shoes as residents of the subdivision and think to yourselves about having a craft brewery on three sides of your home. You're asking a great neighborhood to endure the hours of operations of 6:30 to 11:00 PM, seven days a week, where I have a young boy at eight years old and a 15 year old son at home that need to go to bed at a certain time and get up at a certain time. Our property value is a huge concern in the community of Middle Oaks Plantation subdivision. You can sit here and tell me that anything's better than a vacant abandoned building that has been abandoned for many years, but I can tell you that it's not. I understand what we purchased when we purchased our home four years ago and that the building was vacant at the time and that there was the ability of something to be built there and the use. Brian Irvine: As soon as someone comes to our home, if we decide to put our home on purchase, on a Saturday afternoon in the middle of July and comes to an open house and has a craft brewery behind our home with loud noise, patrons, dogs barking, our property value will greatly diminish and it also does not allow us to have the vast variety of personnel to come and look at our home, our clients to buy and purchase our home. It is directly stricken to one group of individuals and whoever that may be, I do not know, but I know personally that I would not buy my home if that was behind it. They said in the agenda that it is well-screened with existing mature vegetation along its perimeter. The vegetation is mature. However, it is all weeds, weeds and overgrown Poison Ivy that is continuously tearing down our fences that I continuously have to rebuild yearly. Brian Irvine: I've spoken with Mr. Ned Brooks, the realtor of the property, and the Navy Federal Credit Union for the last four years to have work done in that vegetation. Nothing has been done. Lastly, would like to talk to you about the lighting. I know 11 of the staff notes where in regards to the CUP brewery restates that all light poles shall no taller than 14 feet. 14 feet with a 20 foot home with a reflection, the lighting will still shine into our bedroom windows, into our living rooms. The lighting is a glare zone and a source of what was referred to as light trespass or light pollution, both of which is recognized by the human eye. Brian Irvine: In short, the shielding light does not eliminate glare zones causing by such light. We also don't know if the outdoor lighting will be on until 11:00 PM or all night long. The glare zone also will be visibly on both floors of our homes and adjacent to the properties. In closing, you can't put this brewery in our neighborhood. 11 Jack Wall: Okay. Jack Wall: All right, Mr. Irvine. I appreciate it. Thank you. Brian Irvine: Yes, sir. Thank you for your time, Madame Clerk: Jason Alhallena followed by Barbara Malbon. Jack Wall: Hey, welcome. Please state your name for the record. Jason Alhallena: Jason Alhallena. A craft brewery. What a great idea. A local place, one that serves food. I like the entrepreneurship. Combine that with a dog park and a kennel. Who doesn't love dogs? All of this available 16 and a half hours a day, seven days a week. Just imagine. Imagine what a community would have to gain from having this right at the entrance to their neighborhood, or even better, just on the other side of their fences or right near their pools. Just imagine all the additional traffic. Certainly, they've wanted more cars to compete with, crossing London Bridge Road while with their kids on a bike ride, out for walk or a run. Just imagine the aroma in the air, especially on a hot summer day. There isn't anything like the smell of a dumpster or a grease vat or a dog doo. Even dog owners can't wait to get rid of that. Jason Alhallena: Just imagine the music, how enjoyable. Can't you hear the thumping already? Grab your earmuffs. 11:00 PM is only hours away. Just imagine all the dogs barking. Oh, to hear them enjoying themselves and exciting your dogs. Did I mention the earmuffs? But it'll end soon. hear they're only open seven days a week. Just imagine if our fences and landscape were to provide a buffer and screening to insulate us from these new odors and noises. They won't but worry not. The planning commission staff notes suggest that our existing fences and landscape exceed the screening requirements. Though I wonder, have any of you actually personally gone to verify that? Jason Alhallena: But wait,just like a TV commercial, there's more. There are special events. There's live entertainment. There are outdoor container restrooms. Most of us call these outhouses. Can 12 you imagine this unique business concept on a lot with plenty of acreage to fit all of its ambitions, with sufficient room for parking and enough space for dogs to actually run and play, with less impact on the lives of nearby residents? You bet. Now just imagine all this squeezed into our neighborhood. I think not. This would be an unnecessary and avoidable annoyance to the residents of this neighborhood due to the safety, traffic, noise pollution, odors, and disturbances it would cause. Imagine a home going on the market right next door to this. Which of you would be wanting to move in? I'm not sure if you'd get a good deal yet. We don't know what it's going to do to our property values. Jason Alhallena: If I may mention, as a condition, the chain link fence is not sufficient screening. It needs to have slates put in the chain link. Those were available. It seems from the staff notes, you've already made your decision. That needs to be a condition. Jack Wall: All right. We haven't made a decision yet, but thank you. Jason Alhallena: Okay. Any questions? Jack Wall: Any questions for the speaker? Okay, appreciate it. Thank you. Jason Alhallena: You bet. Madam Clerk: Our final speaker, Barbara Malbon. Barbara Malbon: Hello, ladies and gentlemen, I just want to let you know- Jack Wall: Oh, Ms. Malbon, could you state your name for the record? Barbara: Oh, I'm sorry, Barbara Malbon. 13 Jack Wall: Okay. Thank you. Barbara: I have lived in Middle Oaks Plantation for over 30 years. I live on the main street that goes down and you could hit a baseball to where they're proposing to put a bar, and a brewery is a bar. You can call it what you want, but it's a bar. I have children. I have grandchildren. The whole neighborhood has kids that walk all over those roads. It's ridiculous. I can't even believe this city would think to allow something like that to happen. There is a school, not a half mile right down the road. There are children that walk on that road, Strawbridge Road, daily, all day long. And in the summer, it goes into the night. Okay. That's our prime concern is our children with a bunch of drunks. That's it. That's what you're asking us to put up with. If I go to sell my home with that there, I make nothing. And I've lived there 30 years. I've lived there 30 years because it is a nice, peaceful little neighborhood, where we all look after each other. This is just unimaginable for this city to allow something like that to happen. That's all I have to say. Jack Wall: Okay. Thank you. Are there any questions for Ms. Malbon? David Weiner: I have a question. And I'm just hypothetically speaking. What if they just opened up a restaurant, they could leave right now, today, go open up a restaurant and doggy daycare. Barbara: No. David Weiner: Yes. No, they can, by right. Barbara: Mm-hmm (affirmative). David Weiner: They can do that by right. The only reason they're here right now is because they want to brew their own beer. Barbara: Okay. 14 David Weiner: So, I mean, they could walk away right now and go do that. So wouldn't you want to have somebody in your neighborhood that you could actually meet with, talk with? Barbara: Mm-mm (negative). David Weiner: You have problems, discuss it? Barbara: No, I don't want a doggy daycare in my neighborhood. David Weiner: They can do it by right. Barbara: Well, we have Hunt Club Kennels right across the street. David Weiner: I understand what you're saying. But it's always nice to have somebody there that you can talk to. Barbara: No. David Weiner: Okay. Barbara: No. David Weiner: I'm just saying. Barbara: 15 It's liquor. Okay. David Weiner: But they can do it by right. Barbara: Well, not if we have something to say about it. David Weiner: Okay, all right. All good. Thank you. Jack Wall: Okay. All right. Thank you. Madam Clerk: No more speakers, Mr. Chair. Jack Wall: Okay. Mr. Bourdon, would you like to come up for rebuttal? Eddie Bourdon: First of all, appreciate the folks who've come down to speak both for and against. We kept a lot of our people from speaking, didn't want to just be redundant. Unless I am mis-recollecting because I know this area pretty well. The only traffic that we would generate on Strawbridge Road from the east would be traffic from the neighborhoods coming to our facility. The traffic from outside the community would obviously use London Bridge Road to get there and not Strawbridge Road. And leaving, I wasn't even where you could get from this property, through the neighborhoods into Castleton, but maybe you can. But that's quite an interesting configuration to get there. Dee Oliver: You can. Eddie Bourdon: Okay. I said, I wasn't aware you could, but you might be able to. As Mr. Weiner pointed out, these are Virginia Beach local residents, three lady business, people who have every intention to be a good neighbor. We've agreed to conditions that would not otherwise be able to be put into the application if it were a restaurant serving alcohol from whatever time they start serving 16 alcohol till past the time that's specified in these conditions. The doggy daycare, same thing. They're perfectly legal uses of the property. And this is an opportunity to know what's happening and who's doing it and have the ability to communicate with them. Agree to protect their streets from parking, by a condition that I've never seen or agreed to before. But it's perfectly fine, because this site, unlike most sites, 3.34 acres of unconditional B2 land is a large piece of property by any measure in the commercial business area. Eddie Bourdon: This is a restaurant that'll be serving breakfast, lunch and dinner, hence the early hours. It's not a bar that's open to drink at nine or 10 o'clock in the morning. It's a restaurant. The brewery is simply to brew, as I said, small batch product that they will sell in the restaurant, on the site. The lighting question, the doggy daycare recreation area, which is closed at dark, is on the... you can see down in the Southwest corner, the Irwins live... Mr. Irwin's talking about three side, one little corner, one very small corner of their property, abuts the back corner of this property. And we are not going to take up the fence that's all enclosed by all the vegetation, but we're putting up additional fencing inside of that. And that is solid fencing. The doggy exercise area is closed at dusk, it's not going to be lit up. Eddie Bourdon: The area of seating pretty much in the middle of the site. And that's that's outdoor seating. There is indoor seating and most of the activity, the overwhelming majority of the activities will take place inside, as the conditions require. There's no outdoor activity, other than people can sit in the picnic area and eat during nice weather. That's it. The rest of it's all indoors. The conditions, specifically, we can't have any amplified music outside, none. So I mean, I don't know. All the hoopla, but if this were just a restaurant and a doggy daycare, you would have no say so over anything, any hours of operation, any of the... and the people running it, not that people wouldn't necessarily try to be good neighbors and talk to their neighbors, but these folks, these ladies have come in and from day one, here's what we want to do, try to engage with. Eddie Bourdon: And frankly, they have support from other people on the west side. And those are the only houses other than the one home. And the last gentleman who spoke, Jason, may be the owner of that house, I'm not sure. And their house is up next to the building itself. We got rid of the idea of food trucks in the back corner, it was somewhat close to their residence. I don't know how these young ladies could do a better job of trying to be, and they will be, good neighbors to the folks in the community. And hopefully, it'll be very successful business. Bar owners, this is not a bar. Restaurant owners do have a duty responsibility, to some degree, to their clients, not let them have too much to drink and then drive. We all know that. There are potential liabilities if they don't. But this is not being operated as a bar, it's a restaurant, family style, for families and all the of conditions are, I think, well thought out and supportive of making sure that it is a good neighbor to the homes that were built around an unconditional B2 piece of property to begin with. Happy to answer any questions. 17 Jack Wall: Any questions? Mr. Redmond? David Redmond: I was a little confused. Can you walk me through this site plan, Mr. Bourdon? Eddie Bourdon: Sure. David Redmond: Where's the front of the building? I mean, first off, I will say, the building, I like the way that you've designed- Eddie Bourdon: The building, the blue facing, London Bridge Road facing north. David Redmond: Okay. Eddie Bourdon: That's the front of the building. And that's the restaurant. The back of the blue part is the brewery, kind of wraps around, that's where the brewing takes place. David Redmond: Right. Eddie Bourdon: And then the doggy daycare, which is the ordinance characterizes as a kennel, that's the brown area there. Heated air condition, soundproofed. Entrance is from the west. People dropping their dogs off, come in or around this... You see the drive aisle coming down the east side, that's gated. That's only for employees to park and for delivery of materials for the brewery, and for the restaurant as well. All deliveries will take place there during normal business hours. David Redmond: I think this slide could have been, maybe done a little bit better. What is the area underneath those big words, that say projector screen? The projector screen is this little red dot, what is that sitting on top of it? Is that sitting on top of parking? 18 Eddie Bourdon: There's the picnic area and seating for people who are dining or eating in the picnic area. That's where the visibility would be to that screen. David Redmond: I see that. Okay. I see the words that say, projector screen. What's underneath that, that gray looking hash mark looking stuff. What is that? Is that the- Eddie Bourdon: That's existing impervious surface, that's what this is. That's- Speaker 4: It's overflow. David Redmond: This is this part. Eddie Bourdon: Oh, that is- Speaker 4: It's listed as overflow event parking area. Eddie Bourdon: Exactly. That is potential, if there ever came to be a need for additional parking for an event, or what have you, that's where it could go with city approval, the putting in of grass pavers and that kind of thing. Going through all the storm water stuff, the back of the site was almost entirely impervious over the years because of the gravel and some crack concrete, but that was there when it was both the rental place and they stored vehicles, or what have you back there. And then the greenhouse had plant material, et cetera. There's a lot of weeds and grass that have grown up through the gravel. Eddie Bourdon: And we were showing where all of the impervious on the site is for storm water purposes. And that's an area that we've got some impervious, some area that has vegetation through the gravel. And that's just showing where, if it were to become necessary at any point in time, and by showing it, 10 years from now, whatever, we wouldn't have to come back in here and have to modify the condition. 19 David Redmond: I appreciate it. I just didn't understand. Eddie Bourdon: But it's not... It's nothing that's going to- David Redmond: I couldn't read it underneath all those letters. Right. Eddie Bourdon: Nothing's going to happen there, unless, at some point in the future, they need some overflow parking. And they could also try to do it in the old London Bridge Road right away out front with an encroachment. Just looking 10 years down the road. To make darn sure that nobody parks in the neighborhood. David Redmond: Thank you. Jack Wall: Okay. Thank you. Commissioner Alcaraz followed by Commissioner Weiner. George Alcaraz: Okay. Thank you, Mr. Bourdon, the brewery is combined as a restaurant and brewery. Is that where the restaurant is? Eddie Bourdon: Yeah, the restaurant and then the brewery is... It'll all be completely segregated inside the building. The whole building's being refurbished, and new walls will be put in, et cetera. The part that's blue is the restaurant and the area where the brewing will take place. George Alcaraz: The last speaker said something about liquor, y'all have any liquor there? Eddie Bourdon: I don't know whether the restaurant will serve liquor or not, but a restaurant could serve liquor, and that's a by right. But as far... I believe this is wine and beer. That's a question, I've never asked, but I would... But it is a- 20 Dee Oliver: So are they registering as a brewery or are they registering as a restaurant? Because they- Eddie Bourdon: Well, they're both. Dee Oliver: Well, there's a different in the alcohol and food ratio. So it's completely two different things. Eddie Bourdon: Well, it's going to be a restaurant, and I'm unfamiliar with- Dee Oliver: And they'll serve alcohol? Eddie Bourdon: It's a restaurant that will serve beer and wine. And I don't know if they're serving alcohol or not, they may be. Dee Oliver: Because there's just different. George Alcaraz: That's what I was asking. Dee Oliver: They operate differently. That's why we're asking that. Eddie Bourdon: Right. But the restaurant, that's a separate business from the brewery. The craft brewery, which is brewing the beer that they will, and I believe they'll sell other beers other than their own as well in the restaurant. Dee Oliver: Hmm. Jack Wall: 21 Okay. Speaker from the crowd: Could I ask a question? Dee Oliver: No. Jack Wall: No, I'm sorry. Yeah. Eddie Bourdon: You can hang around, I'll be happy to talk to you. Jack Wall: Yeah, you can talk to- George Alcaraz: Mr. Bourdon... No, sir. No, sir. Nope, sorry, you're done. Jack Wall: Yeah. George Alcaraz: Question, Mr. Bourdon. Speaker from the crowd: You heard it called a restaurant. It's always been a craft brewery. George Alcaraz: Excuse me, sir. Dee Oliver: Sir. Jack Wall: 22 Sir, excuse us. Excuse us. Thank you. Yeah. David Weiner: Mr. Bourdon, the dog exercise area, I know this is a fence around the dog exercise area. From that fence to the buffers zone, it looks like it's a little bit of distance, different distances at different places. What's an average from that? Eddie Bourdon: Oh, the average there would be about 20... on the west side, it's probably closer to 30 feet from the boundary line. David Weiner: Boundary line? Okay. Eddie Bourdon: Yeah. Eddie Bourdon: See we're doing- David Weiner: It doesn't say on here. I can't tell that's why I was just asking. Eddie Bourdon: We're doing the fencing on the interior. There is one thing that the Irwin's mentioned in their letter that I want point out. The chain length fencing that comes down the west side, and then across the south side, that's been there for decades. That fencing is not on the property line. It is inside the property. Apparently, people have been cutting through because he talked about access to the park. There's no access from this property to the park. But apparently people cut through now into the park, along the back of those properties to the west. We will be more than happy to cut that off by extending fencing to their fence or to anybody else's fence. But that's the only... There's no access and will be no access to the park from this site or to anybody else's property. The one gentleman, where they're putting up additional landscaping and we're putting a fence up for them, he would like a gate, which we are providing a gate. But we're not providing access to anybody else's property or to the park. Jack Wall: 23 Any other questions? Dee Oliver: I have one. Mr. Bourdon, tell me about the hours because I don't see it and I could have easily missed it. The hours of the kennel and the dog exercise area. I see the hours to the restaurant, which to me, personally, is excessive at 6:30 AM to 11:00 PM, seven days a week. I don't know how you can possibly operate a restaurant in this day and age. Eddie Bourdon: You can't get enough employees to operate a restaurant. Dee Oliver: I don't know how they're... I mean. Eddie Bourdon: Well, there are restaurants out there that operate that long, and others, pre-pandemic. Dee Oliver: But the kennels specifically. Eddie Bourdon: The kennel is 8:00 AM. It's condition 7C. 8:00 AM. Well, outdoor 8:00 AM to 8:00 PM. Indoor, it's to 10 o'clock. 8:00 AM to 10. Dee Oliver: So the dogs can be outside, and is there a limit on how many dogs there are in the kennel and the exercise are? Typically, when we see them, there are rules on dog- Eddie Bourdon: Yeah, when you're in the Ag district and you have to have a conditional use permit. You don't see em, when you're in the B2. Dee Oliver: You don't have to have here, but I'm just curious. Eddie Bourdon: 24 Yeah, no, no, it's a very good question. We don't anticipate that there would be, on average, 40 50 dogs at most. I mean, you could have some day when you have 60 or 70. And to begin with, it may be, 20 or 30. Dee Oliver: That's a lot of dogs outside all day long. Eddie Bourdon: They're not outside all day long. No, no, no, no, no, no, no, no. All that brown area, that's where they're kept inside. It depends on the weather, depends on the number of dogs, and the people that work there. You take the dogs out to exercise. That's the recreation dog exercise area. They're not out in that area all day long. There may be 20 or 30 dogs in the exercise area, and another 20 inside. And then they switch off. They're not sitting out there. And again, it's weather... it's not covered. So it's only in nice weather that they get to go out and exercise. Otherwise, they're inside. Like a typical- Dee Oliver: How many dogs does the interior of the kennel hold? Eddie Bourdon: I do not have the ability to give you an answer on that. Dee Oliver: Okay. Well, I can tell you the one that is on Virginia Beach Boulevard, just east of Greatneck road. I understand, and it's not very large, but I understand they're they have well in excess of a hundred dogs in there a day. And they're on a very small piece of property, very small compared to this. But this area has plenty of room for the dogs to exercise. But they're not out there all day long and they're not out there when the weather's bad. And they're inside part of the time and outside part of the time. Jack Wall: I've got a couple questions. Does anybody else? I've got a couple questions. So the lights, B2 business, it could be done built by right, whatever. But describe a little bit more about the lights because that was of concern. And I would think that is, would be, a concern with residents there. Do you have anything you can convey a little bit more? Eddie Bourdon: Well, the main thing is the dog exercise area, which is adjoining homes, and it's really the only area that is has exterior lighting, will not be lit past dark because it can't be used past dark. So there's no reason to spend a lot. I mean, we may have some low lights, that are just so if you 25 can see somebody walking through the area, but you're not going to spend the money on a bunch of large lights for that. And the lighting ordinance, we can't have any spillover and there's really no reason to be lighting that up. The other thing though, you also have a serious, and I'm not going to disagree with the idea that it's overgrown. But to some degree that overgrown area actually protects them, in terms of visual. They're worried about lights or worried about seeing people or people seeing them. The areas that will have lighting. But again, typical conditions are to reduce lighting that's in the staff evaluation. The picnic area, and once again, a lot of your lighting is going to be low, ground, pedestal lights, you don't need stuff that's high... And we're not playing sports outside. And then you're going to have the parking area, that'll need some lighting as well. Jack Wall: Okay. That's fine. I know you've discussed the fencing a little bit, but let me circle back because I may not have picked up on it when I was reading through here. The fence to Middle Oaks Park is a chain link fence, and it's going to remain that way. Eddie Bourdon: The fence is embedded in all that wild, natural area back there. So really it's counter productive if you're trying to screen to go in and wipe that out to take that fence out and put up a new one there. And that fence is actually, that's there now, is inside the property line. Not as much as it is on the west side. What we are proposing to do, we would be fencing in interior with a solid fence that would leave the landscaping or the area that's natural in its natural state and not disturb it. Because we don't think that's both from... Again, and this is not acknowledging or agreeing that all the trumped up big noise type things. Leaving that intact is the best, I think, way to make sure there is the minimum amount of whatever impact from light or noise might ever accrue from this use. Jack Wall: Okay. Eddie Bourdon: So we're trying not to disturb that area, although we certainly will work with the neighbors and have said so, when my clients met with the neighbors, to make sure that they have fencing. That those that don't and whatever can be done to add to the landscaping to help screen, if there's an area that's lacking and put landscaping in that. And that's in the report as well. Jack Wall: All right, thank you. George Alcaraz: 26 If I may ask and go back to the brewery/restaurant. 4,430 square feet. How much of that is the brewery or restaurant? You can zoom back in. Eddie Bourdon: I'm not a hundred percent sure what the breakdown is. Dee Oliver: Yeah. It's going Two separate things. Two separate things. Eddie Bourdon: The brewery will occupy 1500 square feet. George Alcaraz: So you said just the three barrels? Eddie Bourdon: Three to five barrels. George Alcaraz: So with these tanks, maybe one or two would- Eddie Bourdon: You're over my head now, George. George Alcaraz: I'm trying to see how much it's taking in that 4,300 square feet. Are you just- Eddie Bourdon: Well, 1,500. So that leaves just under 3000 for the restaurant. George Alcaraz: The actual mechanisms of what you're seeing. So it's actually visual to see. It's pretty cool to see, but I was just... I hear everything, what everyone else saying, by right. I was just seeing how much impact the brewery has on this whole project. And you're saying 1,500 square feet. Eddie Bourdon: 1500 square feet. 27 George Alcaraz: Thank you. Eddie Bourdon: In that 1,500 feet, unlike some other breweries, we're not storing any materials outside, it's all inside. Including the spent hops and greens too. So we have to store them there, hopefully for a very short period of time, until some of the agricultural operations will scoop them up. George Alcaraz: Thank you. Jack Wall: Any other questions. Eddie Bourdon: Thank you all very much. Jack Wall: Okay. I'm going to open the floor for discussion. Robyn Klein: I'll start. Jack Wall: Okay. Robyn Klein: So I'm a dog owner. I frequent doggie day cares. They are surprisingly quiet from the outside when all the dogs are inside. Based on what I heard today, the issue is that the area zoned commercial, not what's going to go in the property, and that pretty much anything that would go in there, the community would not be a fan of. The brewery, I look at as the same... George bought that property and opened another restaurant there. You're selling alcohol, it's a restaurant. The fact that they're brewing, I think is a technicality. And I appreciate the residents concerns. And I hope that what they are afraid of does not come to fruition, but I do intend to support the application. Jack Wall: Okay. Thanks. Mr. Redman. 28 David Redmond: Well, she's right. I agree with Robin. I think we're way overthinking this. This is about a conditional use permit for a brewing operation that's the size of a Jimmy John's restaurant. Okay. 1500 feet. That's it. The property's 3.34 acres, 145,000 square foot property. 1500 square feet of it would be used to brew beer. So that doesn't sound to me like a real big impact. The restaurant part, who cares? It's no different from an Applebees. I don't care what their hours are. I don't care how many dogs are going to be in the doggy daycare. Those things are all by right. It's not zoned commercial. It's zoned B2, which is the least restrictive, most business oriented, of the commercial zoning designations, and it has been for decades. So all this is about is a tiny beer production facility where we wouldn't see it at all. David Redmond: The rest of it is just a restaurant. They'll be serving pancakes and it'll be serving eggs Benedict. And they'll be serving croque monsieur, or whatever they have on their menu. But turning this into, it seems to be a mountain out of a mole hill kind of application. It is solely about 1500 feet brewing capacity. If you've ever been near them, they don't smell. They're not noisy. I mean, it's no different than any small kind of business operation. So I don't know why in the world, we wouldn't support this. I will say I've seen a number of these kinds of operations throughout the city and throughout the United States. They are uniformly well liked and appreciated by the adjacent neighborhoods, including here in Virginia Beach. Robyn Klein: Isn't Back Bay one of them? David Redmond: Back Bay is one. Robyn Klein: Similar. David Redmond: Back Bay is one that's very well appreciated by the neighborhood. Robyn Klein: Very popular. David Redmond: The one that I go to, since the name went out, Commonwealth, you see people walking there all the time with their dogs, with their strollers, with their babies. I see more grandparents pushing a 29 stroller. They're the most family oriented places. The idea that the sky is going to fall because we grant a conditional use permit for 1500 square feet of brewing is just silly, in my view, it's just not going to happen. I'll bet, in the end, more people are going to appreciate this operation in this neighborhood than anybody realizes, and by a very, very wide margins. So I'll certainly support it. Jack Wall: Okay. All right, thanks. Mr. Weiner. David Weiner: One thing I want to point out, and I think this goes back about 5, 6, 7 years ago. I can't remember how long ago. We had an application I know everybody remembers Piney Groove church with the lights in the parking lot. I have 100% faith in our staff that knows that this is not going to be like... Since that happened, we've never had that problem ever again with lights in a parking lot near residential neighborhood. They know what they're doing. The LED lights are pointed down. They're not going to be pointed in anybody's backyard anymore. I have a hundred percent confidence in that. Really and truly that's the only thing that came about. David Weiner: But in that. Really, and truly, that's the only thing that came about. But I am kind of concerned at people in neighborhoods, people that started businesses in neighborhoods and people that live in the neighborhoods, go talk to these people. If you have a problem, they're just human beings like you are, okay? Go talk to them. They're not going to yell at you and throw you out, they'll sit down and discuss things with you, believe me. I'm sure they want to be there, they want to make money and they want you to be happy in your neighborhood, so please take time to go talk to them. So I'm going to support this also. Jack Wall: Mr. Bradley? Mr. Bradley: This is an area I drive by two or three times a week, it's an interesting property in the sense of that, that zoning's there anyway, and like I said, it's probably been there forever. And I do remember when it was a tool rental facility and then a garden center. But in the end, I think Mr. Redmond has summarized it appropriately, what's being asked of us as this commission, is a 1,500 square-foot facility to manufacture beer, which is done in numerous places in our city, so it's been approved by planning commission and city councils before. 30 Mr. Bradley: When we say by right, and I appreciate the residents coming out, by right they could have done the restaurant and never ask... I mean, not ask anybody, they've got to through a site plan review and some of those things, but they could've done all these things to sup the manufacture of the beer. But by them kind of putting this all together, it has allowed for the planning staff to work with them to put some conditions on this, that I think will be more amenable to the surrounding community, than it would have been without it. Mr. Bradley: So with that said, I'll be supporting it. Jack Wall: Anybody else? Mr. Horsley. Mr. Horsley: Since everybody's explained this pretty eloquently, I think it's ready for a motion, I'm prepared to make a motion. Jack Wall: Go for it. Okay. Mr. Horsley: I make a motion we approve the application. Jack Wall: Okay. Miss Klein: I'll second. Jack Wall: Okay, we have a motion for approval by Mr. Horsley, and a second by Miss Klein. 31 Madame Clerk: Thank you. The vote is open. Our recorded vote of 10 in favor, zero against. Agenda item number six, has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The property shall be redeveloped in substantial conformity with the preliminary site plan entitled "Pups and Pints Redevelopment Concept Plan", (Concept Plan) revised November 29, 2021, prepared by AES Consulting Engineers, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. When redeveloped, the elevations and building materials shall be in substantial conformity with the exhibit entitled "Pups and Pints — Preliminary Design Development Drawings" dated November 26, 2021, prepared by Riddick Fiedler Stern, PC, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The use of amplified sound outdoor shall be prohibited. 4. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 5. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 6. Vehicular parking for activities on this site, including but not limited to the doggie daycare and eating & drinking establishment, shall be on-site only and not within the public rights-of- way. 7. The hours of operation shall be as follows: a. The brewery shall be limited to the hours of 6:30 a.m. to 11:00 p.m., daily. b. Outdoor activities associated with the brewery shall be limited to the hours of 10:00 a.m. to 8:00 p.m. or dusk, whichever is later. c. Outdoor activities associated with the kennel shall be limited to the hours of 8:00 a.m. to 8:00 p.m. 32 8. Live entertainment will only be allowed inside the establishment when all the doors and windows are closed. No outdoor live entertainment will be permitted. 9. The occupancy load for the Craft Brewery shall be established by the Certificate of Occupancy as approved by the Permits and Inspections Division of the Department of Planning. 10. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be deemed to be incorporated as conditions with this Conditional Use Permit. 11. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 12. The existing pole sign shall be removed prior to the issuance of a Certificate of Occupancy for the Craft Brewery. Any new freestanding sign shall be a monument style sign, the plans for which shall be submitted to the Planning Department for review and approval for compliance with the Zoning Ordinance. If the new freestanding sign is to be located where depicted on the Concept Plan, submittal and approval of an Encroachment Application is required. 13. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, 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. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. 14. Except as permitted by Section 4.1 of the City Code for Special Events, Assembly Uses on the property shall be prohibited unless a Conditional Use Permit is obtained. 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. 33 / EST 2OO4 �\\ CUISINE GRITS TO GLAM 4216 Virginia Beach Blvd. Suite 140 Virginia Beach,VA 23452 Hoa N. Dao Planning Manager and Planning Evaluation Coordinator hDao@vbgov.com January 8, 2022 Dear Planning Commission, I am Jodi Moore Newland, Owner of Sweetwater Cuisine and Founder of Daniel's Grace, a local non- profit that supports cancer families with daily living needs. As a member of our community and a local business owner, I am writing in support of Pups and Pints,which would be Virginia Beach's first dog park and brewery. This innovative concept would be embraced in our community, as it provides an alternative for our residents to enjoy time out with their fury friends. This has proven to be a successful model in other cities and would be a great addition to Virginia Beach. Not only that, it makes great use of an abandoned property in our city. I also support this project because it is woman-owned. This group of women are visionaries and will create a business that will be an asset to our city,generate revenue, and provide an exceptional service to their patrons. I am asking that you provide full consideration and support of this concept. Best, . i‘(e A -e,(AA/\4 J• i Moore Newl nd Hoa N. Dao From: Michelle Flores <michelle.apricotlanevb@gmail.com> Sent: Saturday,January 8, 2022 12:42 PM To: Hoa N. Dao Cc: Andrea Paphites Subject: Pups & Pints Hearing 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 Hoa, I'm writing to you to show my support for the three amazing women who are launching Virginia Beach's first Dog park/Brewery and doggy daycare, Pups and Pints. As a dog mom myself I couldn't be more excited to have a place where I can take my dogs to socialize and also be able to socialize myself. I find this idea to be innovative and couldn't think of better option for this abandoned property. As a business owner myself it would be a great place for me to host a fun event for my staff or clients. I hope that you will approve their request and allow them to open this amazing business that I know all of Virginia Beach residents will enjoy. Thank you for your time, MichelleFlores Owner Apricot Lane Boutique 737 First Colonial Rd Ste. 305 Virginia Beach, VA 23453 (757) 422-5263 1 K'Vonte Scott 2353 lnlynnview Road Virginia Beach,Va 23454 (757)352-1903 kvontescott'agmail.com 8th January, 2022 Hoa N. Dao Current Planning Manager/ Planning Evacuation Coordinator Dear Planning Commission, I am writing to you to request your approval for the dog park and brewery Pints and Pups. My name is K'Vonte Scott. I'm a Virginia Beach Native, Former NCAA D1 All-American Track Athlete, and dog owner giving my full support to these three tremendous women as they introduce Virginia Beach to its first ever dog park/brewery. Being involved in Virginia Beach's running community, these women will finally provide me and other dog-owning runners somewhere enthralling to gather. Instead of having to spend hours looking for hopeful dog friendly places or sadly taking our pups home, we can have a place to bring our dogs after runs for a good time. This groundbreaking concept also gives the city a great opportunity to transform abandoned property into a wonderful experience for residents and their furry companions. Virginia Beach is a pet friendly city with not many pet-oriented options. This innovative plan not only will generate revenue and attention for the city, but can also be a catalyst for future innovative pet-oriented businesses in a city continuing to grow its identity. Again these women have my full support. I know they will provide Virginia beach with a service dog owners alike have been dreaming of. I'm asking you to provide your full consideration and support for this concept. Best, K'Vonte Scott January 10, 2022 City of Virginia Beach Planning Evaluation Coordinator Dear Ms. Dao, I am writing this letter in support of the proposed Brewery/Dog Day Care business, Pups and Pints, located at 2413 London Bridge Road.The popularity of small, local breweries is still on the rise as they tend to provide a casual,safe, and often "open space"atmosphere for locals to congregate and enjoy friendship.We are also seeing a rise people taking their dogs with them to outdoor and, in some cases, indoor venues, but with a leash requirement.A business model of this type provides advantages to VB citizens to have the best of both scenarios while their dog can roam with others to get plenty of exercise.The daycare component makes this model even more interesting,and a great resource for local dog owners to "day board"their pups while running errands or attending to work. I encourage the Planning Commission to approve this new business opportunity for the benefit of the citizens in the surrounding area. Respectfully, Jay Stotlar Supportive Citizen Hoa N. Dao From: Kaitrin Young <kaitrinyoung@gmail.com> Sent: Monday,January 10, 2022 10:04 AM To: Hoa N. Dao Subject: Virginia Beach Planning Commission- Support Letter 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, At 12 pm on January 12th,Andrea Paphites will have a public hearing to start construction on Virginia Beach's first Brewery Dog Park and Daycare. As Andrea's former boss, I can tell you she will not disappoint. Andrea has more drive, dependability, and passion than 95%of the people in the workforce. She is an artist by trade and will without a doubt beautify this corner of Virginia Beach beyond imagination. She is a team player and a peacemaker, once constructed any current neighborhood worries will disappear and any grievances will be corrected immediately. I was incredibly disappointed to lose Andrea as a member of our team at Gigi's Cupcakes. However, I am beyond excited to see the renovation of the long vacant building and the thriving business she creates. My dog and I are excited to be some of the first members of her park. Do not hesitate to grant Andrea and her business partners this opportunity, they will exceed the wildest expectations for this venture. Best Regards, Kaitrin Young Owner& Manager A Gigi's Cupcakes 741 First Colonial#106 Virginia Beach,VA 23451 Phone (757)491-3030 www.GigisCupcakesUSA.com 1 Hoa N. Dao From: Dustie Carpenter <iso2dolphins@gmail.com> Sent: Monday, January 10, 2022 1:46 PM To: Hoa N. Dao Subject: Pups and Pints Public Hearing 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, We are not able to attend the hearing due to health reasons. In lieu of in person testimony, please accept our comments below regarding the plan to open a dog daycare/brewery at 2413 London Bridge Road in Virginia Beach. We fully support the approval of the business venture known as Pups and Pints. We believe it is an innovative idea that will be great for the city as well as promote camaraderie within the community. It is also a wonderful way to revitalize an otherwise unused piece of property. We feel it is the duty of the Planning Commission to support local business ventures, especially one such as this, which is highly likely to succeed. We are long-time residents of Virginia Beach and we look forward to becoming frequent visitors at this new establishment. Thank you for your time and consideration, Sincerely, Dustie and Troy Carpenter 1 Hoa N. Dao From: Cassie Hillian <cshillian@yahoo.com> Sent: Monday,January 10, 2022 1:16 PM To: Hoa N. Dao Subject: Pups and pints Follow Up Flag: Follow up Flag Status: Flagged 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. The city of Virginia Beach has been doing a great job of bringing local business to the area, However, dog friendly venues are in short supply. We all know how much people love their pets snd craft beer. So I vote to approve the new business Pups snd Pints! Cassie Hillian Virginia Beach resident since 1966 Sent from Yahoo Mail for iPhone 1 Hoa N. Dao From: Terrell Allen <tallen@vbsportscenter.com> Sent: Tuesday, January 11, 2022 12:21 PM To: Hoa N. Dao Subject: Pups and Pint Dog Park/Brewery 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 Who it May Concern, My name is Terrell Allen, Director of Basketball, at the Virginia Beach Sports Center. I am reaching out to you in hopes that the City of Virginia Beach will approve the Pups and Pints dog park and brewery. I am born and raised in Virginia Beach and recently moved back to the area in 2020. Virginia Beach needs more for the community and think this is an excellent idea in a great area. Virginia Beach needs more forward thinkers like the owners of the Pup and Pint.This would be a great addition not only for the local community but gives another activity for tourist visiting Virginia Beach with their dogs. I truly believe this idea would do nothing but benefit the city of Virginia Beach. As this decision comes to vote I recommend that you should approve this business and continue for Virginia Beach to be one of the best cities in the country for families. Terrell Allen Director of Basketball Virginia Beach Sports Center 1045 19th Street Virginia Beach, VA 23451 p 1757.286.9645 e I tallenvbsportscenter.com w I www.vbsportscenter.com cVIRGINIA BEACH SPORTS CENTER 1 TO:Current Planning Manager/Planning Evaluation Coordinator(Virginia Breach) RE: Pups&Pints I believe Pups& Pints is a wonderful idea! Not only does it bring the pups together, but the community. Being a pet owner myself,it's a struggle to find a safe,clean,and friendly dog park around the area. I know Pups&Pints will bring just that! Thank you and God Bless. Andrea Fernander Hoa N. Dao From: Minna Amuial <minnamailbox@aol.com> Sent: Tuesday,January 11, 2022 3:55 PM To: Hoa N. Dao Subject: In support of Dog Park/ Brewery 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, Please allow this email letter to serve the purpose of my full community support for the proposed dog park and brewery business that Andrea Paphitis will be presenting tomorrow, 1/12/2022 in a public hearing with Virginia Beach planning commission. I believe this type of business will be greatly enjoyed by fellow dog and brewery lovers alike and is a very exciting and unique concept for Virginia Beach to have! Please allow this business to proceed, I whole heartedly feel it adds to Virginia Beach's reputation for being a wonderful place to raise a family, (dogs are very much family members!), and encourage healthy, peaceful ways to gather. Thank you in advance for your support of this incredibly innovative business idea! Sincerely, Minna Amuial 757-560-2324 Resident of Church Point neighborhood 1 amccorkle sykesbourdon.com From: K9 To 5 <k9to5care c@gmail.com> Sent: Monday, January 10, 2022 6:12 PM To: amccorkle sykesbourdon.com Subject: Fwd: Pups& Pints Public Hearing Support Forwarded message From: Andrea Paphites <andreapaphites a 2mail.com> Date: Mon, Jan 10, 2022 at 5:48 PM Subject: Fwd: Pups&Pints Public Hearing Support To: K9 To 5 <k9to5careaImail.com> Forwarded message From: Darrian Freeman <darrian.freeman a v mail.com> Date: Sun, Jan 9, 2022 at 6:59 PM Subject: Re: Pups &Pints Public Hearing Support To: Andrea Paphites <andreapaphites a,cmai1.com> Dear Virginia Beach Planning Commission, I am writing to you to support the first Dog Park/Brewery/Doggy Daycare in Virginia Beach. This idea would be an amazing addition to the community for pet owners and animal lovers. Creating spaces for different experiences is so vital today as virtual reality continues to grow. I cannot wait to be out with friends and also man's best friend. Dogs really bring people together with their cheerful and playful disposition. Even those that do not have the living space to have their own dog, would love the opportunity to interact with them in a space created for everyone. A place like this can be a great way for Virginia Beach business to stay connected with employees during work-from-home schedules. Having a space for people to gather safely with their pets is something unique that can be a major draw for top talent and quality of life. Please approve this project, as I am greatly looking forward to spending my time making many great memories and new friends there. Thank you for your consideration, Darrian Freeman -Darrian Freeman Alexandria Lawson K9-5, LLC 631-902-0049 i MILLEP Bradford A Miller Esq. M INJURY GROUP PLC bradOmillerinjurygroup.com January 10,2022 Virginia Beach Planning and Community Development 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 RE: Bar-K Park proposal 2413 London Bridge Road Dear Committee Members, I am writing this letter in full support of the proposed development and use of the above referenced,currently vacant property. The idea of a dog daycare and park mixed with a social atmosphere is exactly the kind of progressive thinking that makes Virginia Beach one of the best communities in the country. When I initially heard about the idea, it seemed obvious to me that it would be a great addition to this City. I love that Virginia Beach residents pride themselves on being progressive and welcoming businesses that not only make this area more enjoyable,but demonstrate that we are a City that embraces ideas that bring us all together in the name of fun and convenience. As a pet owner, I would love the opportunity to take my dog to a place where she could run around while I enjoyed a beer with friends. I have talked about the possibility of this business with many friends,and they all were very excited. It is our request that you grant this proposal and allow this exciting,progressive idea to bring new life to Virginia Beach. Thank you for your time, service and consideration. Sincerely, Br ord A. Miller 1604 hilltop West Executive Center • Suite 308 • Virginia Beach,VA 23451 • P 757-900-9110 • F 757-900-9828 • mflerinjurygroup.com Re: Pups &Pints To Whom It May Concern: I am a lifelong resident of Virginia Beach who frequents the London Bridge Road corridor. I believe the addition of the dog park/brewery Pups&Pints would be a great addition to the community, It is a unique and fresh idea for use of prime property that is currently vacant.There are countless dog owners and citizens who would benefit from a space that allows them to not only socialize with fellow neighbors,but also a way to promote a healthy lifestyle for our canine companions. I know the new proprietors will work tirelessly to build a local business we can be proud of and I fully support the approval of this business venture. Sincerely, � , 6,bt/ Alexi Achilleos January 11, 2022 To the Virginia Beach Planning Commission: Andrea Paphites and her two business partners would like to bring to Virginia Beach its very first Dog Park/Brewery and Doggy Daycare. Virginia Beach is already a super dog friendly city allowing our four-legged friends to frolic on its beaches, stroll on the Broadwalk, and go on treks on its hiking trails. A dog park brewery would be a great addition to all the other dog friendly activities the city already offers. As a dog owner,I hate the thought of leaving my dog again, after he has been home all alone while I have been at work, to meet up with friends for drinks. However, at the dog park brewery I can enjoy a glass of wine with my gals AND I can bring my pooch with me. He gets to run around with his four-legged pals, while I get to unwind with my friends after a long work week. Killing two birds with one stone. Almost everyone I know has a dog and we all agree a dog park brewery is exactly what Virginia Beach needs. It's a place we can gather to socialize with family and friends, while also fulfilling our duties as a pet owner by bringing our pets so they can walk/run/poop and socialize with other dogs as well. I truly hope you will consider the dog park brewery because I tnily believe it is an establishment that will allow the community to get together and become better acquainted with each other. Sincerely, Lynda Nyberg 01/11/2022 Re:Support of Pups& Pints To Whom it May Concern: My name is Patrick Bowen, I am writing to express my support for the development of Pups& Pints dog park and brewery. This is a fantastic idea that will bring in new jobs,generate revenue for the city and adds a unique business to Virginia Beach. The owners of this company have a deep passion for animals and good beer which will shine through into their business. The proposed location makes great use of an abandoned property and creates a space that allow pet owners and their families to enjoy themselves. It will also be a great space to host corporate events, fundraisers, and other gatherings. This is an important project to me because as a dog owner, it is hard to find a place that is both family and pet friendly. A place that allows to relax with my family and dogs outside of my home will be a welcome and refreshing change. i In conclusion, this business venture will bring something new and innovative to Virginia Beach and its families. Please approve the development of this business as I am confident this will a great opportunity for the city and community. Thank you for your time and consideration, 7 Acc.c.4.,&-A___—______ Patrick Bowen To:Virginia Beach Planning Commission Re: Pups& Pints Public Hearing This letter is to show my support for the new business Pups&Pints. I feel that this business is a great idea for the city and very much hope that the City of Virginia Beach will approve.The business concept is great use for an abandoned property for the City. I am also a dog owner and usually take my dog to the oceanfront for walks but can only do so In the off season.This would be a great alternative for pet owners and visitors that vacation at the oceanfront. It would be great to have a place to take our four- legged friends but also enjoy ourselves at the same time. Sincerely, Tawt.r.1 CYALoer Tammy Craiger January 10, 2022 To whom it may concern: I am writing to express my support for a future business called Pups & Pints that wishes to open at 2413 London Bridge Road in Virginia Beach. My reason's for supporting this business is that it will give people with pets a place to go and gather as they would at a dog park, especially during inclement weather; it will bring more revenue to the city tax structure as well as turn an otherwise empty facility into something useful. I feel that in addition to the above, this idea is new and innovative and will provide a great service to pet lovers and owners giving new experiences to both. I truly hope that you will consider this amazing venture and approve it's moving forward, in benefit of the city and its residents, I will look forward to hosting events at Pups & Pints in the future. Sincerely, Uyrv"G Virginia E Dixon 3304 Crabapple Rd Virginia Beach VA 23452 1/11/22 Virginia Beach Planning Commission Council Chamber, City Hall Building 1, 2nd Floor Dear Esteemed Members of the Planning Commission, I am writing to you today to express my enthusiastic support for the development and opening of Pups&Pints Dog Park&Brewery. In this current economic climate, hearing about this innovative business venture has put a burst of fresh air and happiness into the community. There is so much buzz about this business going around and people cannot wait for it to open. As a dog owner myself,this is extremely exciting as it will provide a place to meet fellow dog owners, have some fun, and connect the community together. The three owners of this business venture are all amazing women, who are extremely hard workers,who love their community,and who all want to make a positive difference in the world. What better way than to open a women ran business. As a dog owner myself, I think this idea is ingenious. What better way to incorporate family activities,gathering, socializing, and fellowship than opening a business like this. This will be the first business of its kind in Virginia and will generate revenue for the City and will bring people together, which is what is needed in today's society. In addition to this,the three owners have chosen an abandoned property to bring life back to and rejuvenate the area around it. Please approve this business venture as this is not only a great opportunity for the City, but for the community as well. I look forward to bringing my family and friends to Pups &Pints. Thank you for your consideration. Sincerely, 'Alexis Pappas January 11,2022 Virginia Beach Planning Commission Council Chamber,City Hall Building 1 2"d Floor To Whom It May Concern: I am writing in support to Ms.Andrea Paphites' businesses of the Dog Park/Brewery and Doggy daycare at the location on 2413 London Bridge Road,Virginia Beach VA 23455. I think that it is a great idea and would benefit both our pets and owners. I hope she gets the opportunity to do so. Sincerely, Annette Holloway January 11,2022 Esteemed members of the Planning Commission, I am writing to you today in support of Pups&Pints. When I first heard about this proposed dog park, brewery, and doggy daycare, as a dog-owner, I was immediately thrilled. This is a great idea as there is nothing similar in our area. While many breweries are pet-friendly, having one centered around our furry friends is a unique and inspired idea. As opposed to other venues,this one will be geared towards both my dog and my family being able to enjoy ourselves. I think it is great that there are entrepreneurs out there willing to bring fun, new types of facilities to life. It is important that the City allow these people the opportunity to thrive because, when these small business do well,we all do well. Therefore,I ask that the City please approve the applications for Pups &Pints.I hope to be visiting them soon with my entire family. Thank you for your consideration. Sincerely, Osigkel loannis Achilleos,Esq. January 11,2022 Planning Commission The City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach,Virginia 23452 Dear Sir/Madam, Please accept this as my tender of support for the Pups and Pints concept presented before you today. It's such an original and innovative idea and I know that many of my friends and their pets in the Virginia Beach area would welcome the opportunity to experience and enjoy the fun and camaraderie that such a venue would offer. I can also think of no better use for this currently abandoned property in that it is also my understanding that the proposed facility will also be available for private corporate events as well! It is my fervent hope that the Commission considers and approves Pups and Pints today. I am confident that it will become yet another reason that Virginia Beach is regarded worldwide as the exciting and vibrant city that it is. Sincerely, John R. Murray,Jr. To Whom It May Concern: I am writing in reference to a conditional use permit that was submitted to the city by Pups and Pints LLC, permit number 2021-PCCC-0287; site plan 2021-DSC-014508 for the property located at 2413 London Bridge Road, Virginia Beach, VA. We are adjacent property owners at 2233 Bartholomews Xing, Gregg and Lisa Erwin and we strongly oppose the development of the property for use as a craft brewery with and indoor/outdoor membership only doggie daycare and dog park as we feel the use of the property in this manner would devastate our property value, reduce the quality of the neighborhood and our right to peaceful living on our own property. The proposed development of the property completely backs up to our neighborhood park, Middle Oaks Plantation Park, it is on the same street as Strawbridge neighborhood park, and within a quarter of a mile to the entrance to Strawbridge Elementary School. The property developers are proposing an outdoor "unleashed" dog park for members only which will be located to the back corner of our property and would create an unacceptable amount of noise from unleashed pets playing in the area. We are fortunate enough to have a large backyard adjacent to Middle Oaks Plantation Park and purchased the property for the location and benefit of a quiet and private backyard. To consider locating a 75-100 member dog park, with a 2-dog limit (150-200 unleashed dogs), is unacceptable in a neighborhood with an adjoining neighborhood park. Most of the homeowners with adjacent property own their own dogs and cats, the addition of unleashed animals will cause undue stress to those animals and homeowners as well as those neighbors who use the Middle Oaks Plantation park to walk and spend play time with their children and pets. A dog park with that many possible participants is bound to cause an undesirable odor from dog fecal matter even if the owners are expected to clean up after their animal. In addition, the proposed above ground swimming area will no doubt be visible above the planned fencing and homeowners' fencing and will be visible to homeowners and their pets, as well as give opportunity to humans swimming their animals viewing access to the neighboring private property. The swimming area and/or water feature will also produce foul "wet dog" odors, to adjacent owners as well as to people dining on the premises. This will undoubtedly create an undesirable environment for the adjacent property owners, children, and neighborhood pet owners who want to enjoy their backyards and the park. The proposed boarding establishment, as defined by the state of Virginia and presented as a doggie daycare, will also cause undo noise and smells for extended hours ,7 days a week, as proposed hours for the facility were introduced as 6:30am to 11pm. As proposed,the boarding establishment appears to be physically connected to the brewery facility and both appear to be located next to the proposed eating area; which leads us to question the Virginia Department of Agriculture and Consumer Services Food Safety and Health regulations for food establishments. It states live animals may not be allowed on the premises of a food establishments. If outdoor dining is offered, animals are not allowed on chairs, seats, benches, or tables and pets must be kept on a leash or in a pet carrier and under the control of an adult at all times while on the premises. The proposed use of the premises as a brewery offering outside dining and entertainment and doggie daycare with a dog park seems to be in violation of this code. The day care boarding establishment will be open to the public, not membership only, and developers were not able to commit to a total number of dog suites that would be housed in the facility, therefore an additional number of animals that will be in the outside area was not able to be determined. The developers claim that the boarded pets would be outside from 8am until 8pm, given our neighborhood experience with Hunt Club Farm boarding establishment the noise of barking dogs would still be audible even from pets inside of the building, 7 days a week, disturbing the neighborhood in early morning and evening hours. The craft brewery as proposed by the developers would also create safety and ethical issues for our neighborhood. Strawbridge Road is a heavily traveled road,the additional traffic the brewery and doggie daycare and dog park would add to Strawbridge Road is a major concern for access in and out of our neighborhood. The road is used for school buses for the zoned Elementary, Middle and High School as well as academy bus pick up and drop off for our neighborhood and surrounding neighborhoods. The neighborhood parks and Strawbridge Elementary and the roads surrounding them are often used for sports practices and parking on streets' edge for the those participating in the practices. Strawbridge Road is a very narrow road and is frequently used by playing children, adults walking and kids biking in and around the neighborhood. London Bridge to Strawbridge Road is frequently used as a cut through to other neighborhoods between Middle Oaks Plantation and Nimmo Parkway, increasing the rate of vehicle traffic in the area. The brewery facility would be located within 300 feet of the playground located in the Middle Oak Plantation Park with an unfenced cut through to 2413 London Bridge Road, within 500 feet of the Strawbridge Road access to the Strawbridge Neighborhood Park and 2/10 of a mile to the entrance of Strawbridge Elementary School. The thought of someone consuming alcohol and traveling these neighborhood roads on daily basis is a significant safety concern. In our opinion there is also an ethical issue, the proposed outside venue serving alcohol will be within visual and audio distance to our children daily as well as to other neighborhood children. It will expose our children to potential inappropriate behavior and unsolicited behaviors of adults that may be impaired by alcohol. A brewery should not be located within close proximity of neighborhood homes, playgrounds, sports practice, or elementary schools where children can see and hear adults that may have consumed alcohol. The daily operations of a brewery with grain, supply delivery, and shipping trucks to the back of the building will also create a disturbance to those of us that live in adjacent properties, trucks pulling in loading and unloading create traffic and loading and unloading noises,that could potentially be at any time of the day or night. The developers also mention entertainment, which was presented to us as acoustical entertainment, unless they had special events. With the understanding that live music should only be performed inside with all windows and doors closed, the building that will be housing the brewery is not soundproof and will create potential for entertainment noise until hours as late as 11pm, which is not acceptable to neighborhoods with small school age children. The outside events they mentioned appear to include food trucks, with space for up to 4 at a time with a turnaround spot at the back of the building creating continual noise and excess waste being produced by consumers, not to mention the potential for what may be unwelcomed smells as the trucks prepare their food. In the plans there is also a projector screen on the wall at the back of the building, presumably for outdoor movie nights. These types of events will be visible and audible to the adjacent homes as well, creating unacceptable light and noise with the potential to be disruptive until 11pm. Again, given our neighborhood experience with special events held in the area, specifically Halloween at Hunt Club farms, which only last one month, they create unnecessary, traffic, late-night noise and parking issues along the entrance and into the neighborhood. To introduce such access and events into a quiet neighborhood as a stable business practice is not acceptable. In closing, we believe it would be unsafe and irresponsible to our neighborhood and community to pass and grant the conditional use permit for Pups and Pints LLC to operate their business at 2413 London Bridge Road. Sincerely, ( :)1 _ __ Gregg Erwin c,C77 Lisa Erwin 2233 Bartholomews Xing Virginia Beach, VA 23456 607-227-1637 Jason and Georgia Alholinna 2204 Mansion Cross Lane Virginia Beach, VA 23456 Regarding the Conditional Use Permit of Pups & Pints, LLC (Craft Brewery) at 2413 London Bridge Road in Princess Anne District for the request to operate a craft brewery(Record Number 2021-PCCC-00287). The request for the operation of a Pups& Pints craft brewery as listed in the October 2021 Submittals only states"Request to Operate a Craft Brewery", which is incomplete and misleading since it does not include doggy park and doggy daycare. These were proposed alongside the craft brewery in a meeting with adjacent property owners but not originally mentioned in the Submittals Summary of Request. This information should also be listed so other neighborhood residents can be aware of what is actually being proposed. During a meeting between Pups& Pints, LLC Owners and adjacent property owners, a broader range of intentions were discussed including that the business would be set to operate between 6:00 AM until 11:00 PM, a full 7 days a week(of approximately a dozen attending property owners, only one was in favor). Along with these long hours, the company has a growing laundry list of activities that would take place there including but not limited to: - On-site food preparation - On-site food trucks - Three(3)dog runs for upwards of 75-100 dogs - A doggy daycare for up to 40 dogs - Football parties shown on indoor screens - Outdoor movies and sports viewing - Indoor live music - Corn-hole and other outdoor games - Special events This exhausting list does not take into account future land use requests that may be added once they are established and are more likely to be approved. The business proposal was not focused and comes across as an attempt to throw as many ideas at the wall as possible and see what sticks. All these activities would require ample space too,but the size of the parcel that is actually available to support these activities and intentions is very cramped. Parking alone would take up a full 1/3 of the parcel, and then when adding the everyday activities to the proposed "special events", it becomes hard to believe there would be enough space to support the grand intentions of the business. This proposal is also an issue from a legality standpoint. Section 223 of the Zoning Ordinance per Virginia Beach, VA Code of Ordinances, states that any kennel structures cannot be occupied by animals if they are planned to be within 100 feet on an adjacent property line unless they fulfill certain requirements. They must be air-conditioned and soundproof. The proposed drop-off area for the doggy daycare is within 25 feet of an adjacent property line, with the drop-offs starting at 6:00 AM. This brings up more concerns, especially of noise, such as: Jason and Georgia Alholinna 2204 Mansion Cross Lane Virginia Beach, VA 23456 - Dogs barking when moving between vehicles and the building entrance - Dogs barking at other dogs between vehicles and the building entrance - Dogs barking at other dogs in vehicles - Engine noise, excessive music, and noise from vehicles during drop-offs and pick-ups - Voices between patrons and staff - Vehicles arriving early, emitting all of the above disturbances - Barking from a kennel that is located twice as far away from this neighborhood can be clearly heard, suggesting that barking from the doggy park and doggy daycare will most certainly be a continuous nuisance and noise issue These same concerns hold steady until 11:00 PM and perhaps later for those arriving late for pick-up. The proposed entry to the proposed indoor doggy daycare is also less than 100 feet from an adjacent property line per Virginia Beach, VA Code of Ordinances Section 223. The proposed staff parking is along an adjacent residential property line with traffic passing along this property line within 20 feet and past an occupied residence with bedrooms facing this direction within 30 feet. In closing this letter,there are a few more highly possible disturbances and issues that should be pointed out: - Vehicles and patron arrivals and departures from a residential street will cause increased traffic and noise - Possible parking overflowing onto residential streets - Increased traffic in the area causing safety concerns for patrons and neighborhood residents - Music from live events and cheering for football that mostly runs into late hours - Generator noise from proposed food trucks,proposed to be parked a short distance from an adjacent property line - Odors and oils from grease vats - Odors from dumpsters containing dog waste - Noise of staff dumping items in dumpsters during the day and during after-closing cleanup - Odors emitted during the brewing process from spent grains and yeast that are difficult to contain - Odors from dog waste compounding from upwards of 75-100 dogs - Odors from trace amounts of dog waste left on the ground after cleanup compounding throughout the day, week, and so on to saturation The proposed craft brewery, dog park, and doggy daycare would be an unnecessary and avoidable annoyance to the residents of the neighborhood due to the noise pollution, odors, and disturbances it would cause. Due to the multiple reasons listed above, it should not make it past the proposal stage and should not be approved. Thank you for your time and consideration. SOio-80L-LSL woo•Itrnu m)i ouitof BuuiiouiV eiaaoao pug WWI' `nod bus 9St£Z VA `uauag g!UT JIA aue-ssau uo!suew tau euuiiocii�erSioa0 pue uosI f --- , /--s, • \ LC) X/f / 1 ----. -. ' V v v ^' Il air N lrY 0 la*. 1` ZLL. cz 1i z NW' � P 1 c.,, % ,—Ipip?0 vs,/, NAmir , 1 o <,(\:::> N �' o co N o in Non W A r `+I • 0 so VN 44. \YO ‘ • O / /K > > \ 2 v) N 7%,,,,,, i._ -0 8 g N11 co cot _ 12 N ,/,>„0 CO z '1<\ IJJ 0 O CD COs o \(><> a) 45 73 iv / 0 \ ' <> . c La- Q N / , 4i>e. / %— N, / .*4 a O • of �,e7, ) '' . . 1 Cri/OS, 'k, 0\ /44)/ii t" ESc i AZ) -C*. • 0,0-ad-- ›, ft i ( El ____J-1 11410 _ Aiik-- - ,r'-') `'�_ -� d� cn ry co�8ra� - rS�NtA�y. 5. ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANDERTON ENTERPRISES, INC [Applicant] CLEMSON JBS, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage)for the property located at 4912 Rutherford Road, Suite 104 (GPIN 1479233301). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: March 1, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on the outskirts of the Robbins Corner neighborhood. The proposed repair garage will be a satellite location for two auto repair businesses also operated by the applicant. The facility will not be open to the general public, but rather the vehicles will be brought to this location by employees of the operation. Repairs will be limited to alignments and calibrations of vehicles equipped with "Advanced Drive Assistance Systems" (ADAS). All repairs will occur within the building with all doors closed. • Considerations: The building on this site was constructed in 2021 and the Automobile Repair Garage will operate in one of the units. The existing streetscape plantings were installed during the construction of the building. These plantings consist of trees and shrubs along Rutherford Road to provide screening and enhance the aesthetics of the property. The applicant seeks a deviation to the required Category VI landscaping which includes a solid privacy fence, minimum of six feet in height, with evergreen shrubs planted on the outside of the fence, given the use will occur entirely indoors within a unit within the existing office-warehouse structure, thus operations will not be visible from the street or neighboring properties. The Planning Commission concurred with Staffs recommendation to allow a deviation from this requirement. Parking for this use is met on-site. The site plan depicts 18 parking spaces that are shared between the five units on this property. Condition 7 is recommended to limit the number of vehicles on-site associated with this use to no more than four. This is to ensure sufficient parking spaces remain available for the other business within this complex. Staff received four letters of opposition and a petition of opposition from nearby residents who stated concerns related to possible noise, increase in traffic along Rutherford Road, and the safety of their children. There was one speaker in Anderton Enterprises, Inc Page 2 of 3 opposition at the Planning Commission public hearing. In response to a specific concern of the opposition, Condition 5 was updated by Planning Commission to limit work to only Advance Driving Assistance Systems. This modification is indicated below with underlined text. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The Category VI landscaping requirement which includes a solid privacy fence, minimum of six feet in height, with evergreen shrubs planted on the outside of the fence will not be installed. This is a deviation to the City Zoning Ordinance. 2. The landscaping on site shall be installed in conformance with the approved Landscape Plan entitled "Landscape Plan", prepared by Gallup Surveyors & Engineers, date July 10, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 4. There shall be no outside storage of equipment, parts, tires, or materials. 5. No motor vehicle repair work shall take place outside of the building. All repairs shall take place inside the building with the bay door closed. Work shall be limited to repairs of alignments and calibrations of vehicles equipped with and for Advanced Drive Assistance Systems (ADAS). 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. Vehicles associated with the operation, employees or otherwise, shall not exceed more than four (4) at any given time. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. There shall be no signs that 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. Anderton Enterprises, Inc Page 3 of 3 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. 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 property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (4) Petition of Opposition (15 Signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: fp Applicant Anderton Enterprises, Inc Property Owner Clemson JBS, LLC Agenda Item Planning Commission Public Hearing January 12, 2022 ctryr�( City Council District District 9, formerly Bayside 12 Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) P \ -1 , ' �a'd Staff Recommendation a�dwP` ,��" Hook lane First Court Road Approval --Church Point Place Staff Planner &ad°��'9°od0„w Michaels D. McKinney / , t,°n Coltlield Court Hey ROatl, Shall Road N '71a ee I �' Location 2,� e ;, °t � 4912 Rutherford Road, Suite 104 '� \�,�� \e 1. , �,. °-p d G P I N 9,'e`` o oa O o� 1. d4 Pa'�`�oa 1479233301 e s* ee\ c 3� R o Site Sizes 4 t, 25,979 square feet t• c1. AICUZ b Less than 65 dB DNL \ 3\ r'*°`,�P f. Watershed Chesapeake Bay 7"-- --`, • '. T. f. Existing Land Use and Zoning District • �'-� . t • ~ w Office warehouse/ B-2 Community Business Surrounding Land Uses and Zoning Districts - t*r,_ '-iiiiip."-s - .,..., ..% . ,,,,...., ,, , , 4, . Ae bT cc. e North ��'. Restaurant/ B-2 Community Business : .. �' % �'P` , South i?, �;.'// q � ., o Rutherford Road Single-family dwellings/R-10 Residential �`� r !�'� `M�. ' East 4> .4 '��._= i��4•, �,� ./ � K 4; Office/B-2 Community Business , � w \ w;°'°',�*{ N • e ey,,�!6. West •« 6 - , : TN.,, \... fir'."4y.*� �1�R Retail/B-2 Community Business 1 "1*- "k. ; . ,, ,',j N\ ` .`�, '��r. •'-* ;��t �,. ��4 � `fix' v 'e _. ,ti Anderton Enterprises, Inc Agenda Item 12 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on property zoned B-2 Community Business District. The property is bordered by retail and office uses to the north, east and west, and residential uses to the south across Rutherford Road. • The repair garage,which will occupy one suite of the office warehouse building, will have a total floor area of 1,710 square feet. The auto repair business will provide light auto repairs consisting of alignments and calibrations on vehicles equipped with "Advanced Drive Assistance Systems" (ADAS). There will be no fluid services, oil changes, or tire mountings. • According to the applicant,vehicles will be brought to this facility from two other auto care businesses that are also operated by the applicant. This facility will not be open to the general public, but rather the vehicles will be transported to this site by employees of the operation. • All work and storage of materials will occur within the building. • The typical hours of operation are proposed as 8:00 a.m.to 6:00 p.m., Monday through Friday. One employee is anticipated to work at the site. • Per Section 203 of the City Zoning Ordinance, one parking space per 330 square feet of floor is required for the office use and one space per employee on a maximum working shift is required for the warehousing uses. The existing parking lot consists of 18 parking spaces that are shared between the five suites of this building complex, thereby,the parking requirement is met on site for this establishment. �a r� 2 B2 1P °'4 Zoning History �� # Request _ 1 CUP(Car Wash with Office Building)Approved �� 03/23/1999 2 CUP(Automobile Service Station)Approved 08/10/1994 3 CUP(Automobile Service Station)Approved 09/24/2013 R10 b o .v0` e2 40 132 R10 -R10 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the proposed Conditional Use Permit for an Automobile Repair Garage is consistent with the Comprehensive Plan's land use policies for the Suburban Area. One of the guiding development principles of the Suburban Area is the creation of"Great Neighborhoods", which includes stable and sustainable neighborhoods Anderton Enterprises, Inc Agenda Item 12 Page 2 supported by complementary non-residential uses.The proposed use is compatible with the adjacent properties and will provide a service to the community. This property was built in 2021 and will operate as a satellite location for the full-service automobile repair garage business, First Landing Auto Care.The First Landing Auto Care business has two full service shops in Virginia Beach, one on Thoroughgood Road and the other on Shore Drive. Vehicles in need of alignments and calibrations equipped with Advanced Drive Assistance Systems (ADAS)will be transported to the site by technicians who will perform the work. This operation is not open to the general public and there will be no staff at this location unless they are working on a vehicle. Once the calibrations are complete,vehicles will be driven back to one of the First Landing Auto Care sites, so there will be no vehicle storage on-site.To help mitigate any potential noise generated by this use from impacting the adjacent residences and offices, Staff is recommending a condition that all repairs be performed within the building with the bay door closed. As mentioned above,the 18 parking spaces are shared between the five suites. Condition 4 seven recommends a limitation on the number of vehicles on-site associated with this use to no more than four to ensure sufficient parking spaces remain available for the other businesses within this complex. Section 224 of the Zoning Ordinance requires automobile repair garages to be enclosed by Category VI landscaping which includes a solid privacy fence, minimum of six feet in height, with evergreen shrubs planted on the outside of the fence. The applicant seeks to deviate from this requirement in part because much of the site is adjacent to properties of similar zoning. Also, no exterior storage of vehicles is proposed, and the walls of the building provide a screen to the activities related to the proposed use. In Staff's view,the existing streetscape plantings that was recently installed with the construction of the building, a mix of trees and shrubs, along Rutherford Road enhances the aesthetics of the property and over time will provide adequate screening of all of the office warehouse uses on this site. For this reason, Staff is supportive of the deviation request. In Staff's opinion, this use will not be detrimental or negatively impact adjacent properties, subject to the installed street frontage plantings and operational procedures conditioned below. The conditions ensure that there will be a limited number of vehicles on-site at any given time and all repairs will occur within the building. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The Category VI landscaping requirement which includes a solid privacy fence, minimum of six feet in height,with evergreen shrubs planted on the outside of the fence will not be installed. This is a deviation to the City Zoning Ordinance. 2. The landscaping on site shall be installed in conformance with the approved Landscape Plan entitled "Landscape Plan", prepared by Gallup Surveyors & Engineers, date July 10, 2019,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 4. There shall be no outside storage of equipment, parts,tires, or materials. S. No motor vehicle repair work shall take place outside of the building. All repairs shall take place inside the building with the bay door closed. Work shall be limited to repairs of alignments and calibrations of vehicles equipped with and for Advanced Drive Assistance Systems (ADAS). 6. No motor vehicles shall be parked within any portion of the public right-of-way. Anderton Enterprises, Inc Agenda Item 12 Page 3 7. Vehicles associated with the operation, employees or otherwise,shall not exceed more than four(4)at any given time. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning &Community Development is required for any new signage installed on the site. 9. There shall be no signs that 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. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. 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 property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods,"and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Rutherford Rd No Data Available No Data Available Existing Land Use 2—0 ADT Proposed Land Use 3—5 ADT 'Average Daily Trips 2 as defined by a 1700 square 3 as defined by a 1,700 square foot foot unoccupied unit automobile repair garage Anderton Enterprises, Inc Agenda Item 12 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Rutherford Road in the vicinity of this application is considered a two-lane undivided local street.There are no roadway CIP projects slated for this area. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 13, 2022 and February 20, 2022. • 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 February 14, 2022. • 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 February 25, 2022. Anderton Enterprises, Inc Agenda Item 12 Page 5 Proposed Site Layout 4,0 � As�.4cs✓ II 't _ „Artocr r / PIP 17) Ne Of A4IZ � *r f xcx '� 0 52 , I I =_Q ' 1 f �. I I r'�'ti�* --"� 'I I 70C�C7f r OD ri. I - _.-S q�IMIE EA or ty'lMY AVM A I'I I I AM SOD As ife `` ii MO .fir► A.S2w1/4.r ,itI a MOS zes% ICI sf,! f0• f00�gf \\\\e. !I .� '`•� � 5 WILLOW OM ligit 0 . o+ 11 Astwa r • szav Mil ragiiii r• ; If' 10 PITTOSPORUM � ' 7 CRAPE MYRTLE jtt iNg "`"' i` ~ 18 39 LUJVYIAUS —i (2 removed from ! proaosea utility easement) S.> SJTa ' 4:4.VAl.L. {iM z :T. r� *Navy r•�+ •� •yeaAt AY746 KR A PG Mt , Z� �• r r,`.Z.Z'N"t'&km' E "L".S" A-111_- --illic -7.:,- ---111firl?f --' --11LIFeltly- --, Anderton Enterprises, Inc Agenda Item 12 Page 6 Site Photos • 't s fo s s s il3ys.� IF � `A Anderton Enterprises, Inc Agenda Item 12 Page 7 Site Photos l O ` - — — .- .:/I Air Y r • -+ i ."o ...t ham ' -!.1 �' a 4. :4. t..., - ......"--.. N.':' iri ii ....„._-_-,PA,• f"Y3 I/e w R+..x': `•k nrl.�f:�.- �."�<.4m�aar^ :- ,.4.%z-'.'s3_- :t A.,T <s i it r�-xa' '� � � JF:' -.:r'V -44%- Offi Warehouse _ �.� __ "V"""-iqa""""'"""'""" "g"m""umu."7"gnl' LEAS E --,, i s - - Sedel --- -- wt r� - &Associates � r i ..,,.��_ -' ;N1,�... Realty, Inc. r * ,t Anderton Enterprises, Inc Agenda Item 12 Page 8 Disclosure Statement Disclosure Statement cwx of 5'optnia Routh 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 Anderton Enterprises,Inc. Does the applicant have a representative? ®Yes E 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? 0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mark Anderton 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. ii Anderton Enterprises, Inc Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement City of Virginia 8 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the financial institutions providing the service TBD 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?III,Yes ❑ No • If yes,identify the firm and individual providing the service. Paar,Melis&Associates PC Mount Airy,MD 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 pu•chaser's service providers. 2I Anderton Enterprises, Inc Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement 'NB t iry nitiyuai 4o,d, Planning&Community Development dam/ 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 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?0 Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑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. Applicant Signature Mark Anderton,President.Anderton Enterprises,Inc.t/a First Landing Autocare Print Name and Title �a`fZ/z1- Date Is the applicant also the owner of the subject property? ❑Yes i No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of wte 02/16/22 Signature %yj<' Print Name Michaels D McKinney I� 31 Anderton Enterprises, Inc Agenda Item 12 Page 11 Disclosure Statement Disclosure Statement \/33 City of Virginia licadi • Planning&Community Development 11‘. • Owner Disclosure Owner Name CLEMSON JBS,LLC,a Virginia limited liability company Applicant Name Anderton Enterprises,Inc. Is the Owner 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) James M Sykes,Managing 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 51 Anderton Enterprises, Inc Agenda Item 12 Page 12 Disclosure Statement • Disclosure Statement 1113 rite ol5',VM,a..Yn 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 p•cperty •Yes ❑No • if yes,identify the financial institutions providing the service Oscar L.Everett,III 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 Bruce Sedel,Sedel&Associates Realty,Inc. 3. Does the Owner have services for accounting and/or preparation of tax returns providee ir,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 individua 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 tc be operate°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 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?❑Yes I No • If yes,identify the firm and inoividual providing the sevice 61 ape Anderton Enterprises, Inc Agenda Item 12 Page 13 Disclosure Statement Disclosure Statement 1/13 c„„of.Virginia Sail, Planning&Community Development S 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'D Yes U No If yes,identify the firm and individual providing legal the service Owner 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,CBPA,Wetlands Board or any public body or committee in connection with this application. ner Signature James M.Sykes,Managing Member-Clemson JBS,11C Print Name and Title 10-14,21 Date Revised 11.09 2020 7 1 -a g e Anderton Enterprises, Inc Agenda Item 12 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. Anderton Enterprises, Inc Agenda Item 12 Page 15 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 12 Anderton Enterprises, Inc. [Applicant] Clemson JBS, LLC [Property Owner] Conditional Use Permit [Automobile Repair Garage] 4912 Rutherford Road, Suite 104 RECOMMENDED FOR APPROVAL — HEARD Madam Clerk: Our next agenda item is agenda item number 12, Anderton Enterprises, an application for a conditional use permit automobile repair garage, on property located at 4912 Rutherford Road, Suite 104, in the Bayside district. Eddie Bourdon: Thank you, Miss Sandloop. Mr. Chairman, members of the commission again, Eddie Bourdon Virginia Beach attorney, representing Anderton Enterprises Inc. The president of the company, Mark Anderton, is in attendance this afternoon. This is a unique application, all the years I've been doing this, and it's all because of where we're going in technology. And I want to thank Michaela, she did a nice job with this writeup and the discussion this morning. But it is technically under our 1973 Zoning Ordinance, considered to be an auto repair facility. Eddie Bourdon: Because we now have these vehicles that have the driver assist, that actually take over and stop your car, drive your car, that's all technological and way above my pay grade, always will be because I don't even have a computer. But to calibrate these when you inspect them and to make sure that they're working properly so they don't hit somebody, or do something to cause an accident, you have to have a climate controlled white room with the temperature at a specific slight range as I understand it, in order to do that work. You cannot do this work in your run of the mill repair garage. Eddie Bourdon: You can't have the interferences and whatever, it's got to be a pretty sterile environment, for lack of a better way to characterize it. Not like a hospital sterile. So my clients own two very well-established and successful auto repair, auto care, first landing auto care facilities nearby, and this is where we are going with motor vehicles. So they're getting out in front of it, and they have leased this space as an ancillary auxiliary space that will not be advertised, there won't be any signage, nothing of the sort, and that's in our application, where their technician will bring 1 the vehicle here, put it in the, so it's flex space through the door, and that's where the calibration and work will take place one car at a time. Eddie Bourdon: The public doesn't come there, the owner of the car doesn't even know where it's going, and that's where it's done. And we under our lease, only have two parking spaces. So we don't expect to actually ever use more than maybe one of them. Now, when they're putting the equipment in the building, there may be a few cars there to do that work, but as far as the operations concerned, there aren't going to be any people there other than the technician who comes to do the work, and there may be on other person there, that's it. Eddie Bourdon: No cars are stored outside at any point in time. There may be a car left inside overnight if they're in the middle of something, there's a problem, et cetera. But other than that, there's no cars parked outside. This is not about changing fluids, spark plugs, no brakes, brake pads, tires, windshield, windshield wipers, no washing of cars, no stereo installation, nothing of the sort. This is simply for those systems that have to have this very controlled, unique environment in order to be able to calibrate, and do whatever is necessary to makes you're that they are working properly and continue to work properly at an inspection period. Eddie Bourdon: It's a satellite facility solely, and it will not be advertised. There'll be a sign on the door that says Anderton Enterprises with an emergency phone number, that's it, okay? It's not like Midas Muffler down the street, there's not going to be anything like that here. No-one's going to know that it's any different than any other use in that flex space, and probably maybe less, certainly from an outdoor standpoint, impactful. Eddie Bourdon: All of the conditions as recommended by staff by the Planning Department, are all acceptable to us. Let me say, there are three or four conditions in there about signage, that's fine, keep them in there, but we're telling you we said from day one, we're not putting up any signage. And we don't control the lights and we're not putting up any lights, and the number of outdoor parking spaces that we are allocated in our lease is two. And as I said, we don't anticipate ever using them after hours, and most of the time they won't be used at all, or there might be one car there in a parking space. And that's it. Eddie Bourdon: I'll be happy to answer any questions. Jack Wall: 2 Okay, are there any questions for Mr. Bourdon. Eddie Bourdon: Thank you. Madame Clerk: Mr. Chair, we have one speaker, Richard De Petris. Richard De Petris: Good afternoon, my name is Richard De Petris, nice to meet you all. I live right across the street from the said operation they want to put in over here. What they're trying to do is, they're putting an ADACS system in over there, okay, which is called Advanced Diagnostic Systems for advanced driving cars. This type of system requires specific tooling, specific workers, specific training to be done in that area there. Richard De Petris: We have a... Typically, we're talking about glass repair, 95% of this type of cars, this repair is done in glass repair shops. The sensor is in the windshield, so I don't know why they're going to say they're doing this work without doing that, because this work is typically done in glass shops. So if they have that much work to do, they don't run a glass shop, they run an automotive repair garage. So I don't know whether they're going to be able to generate this type of work to fulfill the rent requirements for this place, but we feel very strongly that they're just going to use it as an excuse to go in there. Richard De Petris: If you look at the way they have this worded, we're very concerned about this. "To operate auto repair facility with vehicles with advanced driver system alignments and calibrations." Not only. So if they pull a car in and it has that, they can do whatever they want on it and say, "Well, it's got advanced driver assistance programs on it," you can do brake jobs, you can do whatever you want and it would meet that requirement. Richard De Petris: I have a petition from every single neighbor that lives on the street, that is 100% against this. Now, if we can guarantee that all they're going to be doing is doing these advanced ADACS systems, then I don't have a problem with that. But the way this is worded, working on vehicles with this, tells me that basically they can pull the car in and say, "Hey, my car has got ADACS, I'm working on a car with that system, I can do anything I want." It should read only those systems. So we have concerns about that. Richard De Petris: 3 Also, those type of tests are, there's dynamic and static testing with those type of things. Dynamic is when you actually test drive the car, so there will be test driving up and down the street, which my street you will not be able to do that because there's no markings. Those type of cars have to have marked road markers, to be able to do that. Static would be in the shop only. He's right, you have to have a specialized shop just for that. Richard De Petris: We're concerned about electric cars with NICAD batteries that are flammable. The building is made out of drywall, and sheet metal. So we're concerned if there's a fire, my house is 30 yards away. I mean, that building has been set up for a warehouse and office space. So we're highly concerned about that also. Richard De Petris: We have children on the street. And one more quick thing I'm sure, we've had to put up with a lot, the neighbors in that area, with existing buildings there, with people running in the street, exercise gyms, Two Men and a Truck. It's just been a nightmare, so... Jack Wall: All right, yeah, for sure. Richard De Petris: Two minutes doesn't give me enough time to exactly express what needs to be said, but that's just about it. If we can guarantee they would just do that, you know. Jack Wall: Okay. Are there any... Please stay up there for a second. Are there any questions? We don't have any questions? Jack Wall: I've got a few things. Yeah, you're very well... Do you work in the industry, or are you- Richard De Petris: I've been around cars my whole life. I own a restoration shop in Virginia Beach for 14 years. worked for the Navy as an aircraft machinist. David Weiner: Can you come up to the mic. Jack Wall: 4 Yeah. Mr. De Petris: Oh, I'm sorry. I worked the for Navy as an aircraft machinist, I had a restoration shop in Virginia Beach for 14 years. I've done a lot of car work and I'm pretty much up on computer operated systems. Like I said, that's a very specific type of work, and it does take a very specific type of thing. And according to them, they don't have any training, they don't have the systems, they don't have anything to do with it. We're afraid that it's just an excuse to get going there. Like he told me, "We need more space." Jack Wall: Okay. One question I have... I've got a couple of questions for you. So how do you like the new, because this is a fairly new facility. Richard De Petris: They just built it. And we certainly didn't expect would be putting an auto repair service in there. And if a guy was in a restoring cars or something, I don't have a problem with that. That's not the problem here. The building looks like crap. It's a sheet metal building and when you're coming down Pleasure House Road, you look at it, it looks terrible. I mean, the sister building next to it is made out of brick. But that's not so much on my concern, my concern is if they're going to be doing this type of work, do that only. Richard De Petris: That's fine. But not use that excuse to slip in the back door and then start doing overflow work from their shop. Jack Wall: All right. Appreciate it. Thank you very much. Richard De Petris: Thank you. David Weiner: I have a question. No, wait. Sorry, just have one more question. Sorry. I know you talked about traffic being behind it with the kids and stuff, but if they were office warehouses, you're probably going to have more traffic than you would with this type of business. Richard De Petris: Well, they'll be test driving cars. 5 David Weiner: But they're still... Okay, maybe once, twice a day, but you're not going to have people coming in and out, 8:00 to 5:00 working at an office warehouse. So, you know that's- Richard De Petris: Yeah. That's just a small concern. My concern is they're turning into a full bore automotive repair facility, which means they're not going to do that with the door shut. There's no air conditioning in the building. The building was never designed for that. Right now, if you go over, they poured the asphalt in my driveway. The asphalt's so bad. You go like this, it's running off in the street into the sewer. Richard De Petris: So the landlord doesn't really care. So if he just wanted to do that, I don't have a specific problem with setting that computerized system up only. But the way that's working on cars with those type of systems leads me to believe you can do anything you want to them as long as had that system on him. David Weiner: Okay, okay. Richard De Petris: Okay. Thank you some much for your time. David Weiner: All right. Thank you. Jack Wall: Mr. Bourdon? Eddie Bourdon: Thank you, Mr.[De Petris. I may be mispronouncing his name, I apologize. We have no aversion, whatsoever to its only for that type of work, only. I'm not sure which condition you want to modify, but that is exactly the case. We're not... My clients run a very successful and well, a good reputation in a part of town that is not the easiest in terms of Shore Drive and Thoroughgood Road. So, I mean, they have a very knowledgeable clientele and people who care about their community and their neighborhood, and certainly that would include Rutherford Road. Eddie Bourdon: 6 So we have absolutely no aversion to that, that's exactly what this is, it's for that purpose only. And not anything else. And another conditions, which you all have all read. I didn't go through and repeat them about no storage of equipment outside, etcetera, etcetera, are all... Make sure it will be nothing else but that. But I think it's a fine suggestion. Don't have any problems. Dee Oliver: No. Mr. Bourdon, would it be a burden to change the word with to only? Eddie Bourdon: No. Dee Oliver: Okay. Can we do that? Eddie Bourdon: Yep. Dee Oliver: All right. Eddie Bourdon: Yes, ma'am. Eddie Bourdon: Actually, I was looking at the conditions trying to figure out- Dee Oliver: I don't know where it is. Eddie Bourdon: Well, that was what I was... That's why I didn't want to be glib about it. I'm not sure exactly. David Weiner: It's not in the conditions. Jack Wall: It's no, yeah. 7 Eddie Bourdon: It's not, yeah. David Weiner: It's up top under here under background in summary proposal- Eddie Bourdon: Right. David Weiner: ... third garage with the occupied suite office warehouse building will have a total of 1,710 square feet auto repair business, will provide light auto repairs, consistent alignments and calibrations on vehicles equipped with the ADAS system. And then after, it does say there will be no fluid services, oil changes, or tire mountings. Eddie Bourdon: But it's only to do the calibrations and alignments on vehicles equipped with Advanced Driver Assistance Systems, ADAS systems. Because I don't want to tell the staff, or you all had ... Robert J. Tajan: We can add it to condition number five, where it talks about the operations for the use where it currently says, no motor vehicle repair works shall take place outside of the building. All repair shall take place inside the building with the bay door closed and repair shall only be for vehicles in need of alignments and calibrations equipped with Advanced Driver Assistance Systems. Dee Oliver: Great. Jack Wall: Okay. Sounds good. Dee Oliver: Perfect. Jack Wall: Okay. Thank you. And are there additional questions for Mr. Bourdon? Okay. I'm going to open it up for discussion. 8 Donald Horsley: Redmond. Jack Wall: Mr. Redmond. David Redmond: And with that, I would move approval of the application with the change to condition number five, as Mr. Tajan stated, restricting the work only to vehicles with those certain navigation's rules. David Weiner: I second. Carolyn Smith: So could I jump in? I think you're still not resolving his issue. Dee Oliver: We're not. Carolyn Smith: Because he's... What he... I'm sorry. He's saying that any vehicle with that system could be worked on and get an oil change in that garage. What he's asking is that the only repair work that's done is on those systems. Right? So I think you should say the work shall be limited to just repair of- David Redmond: No. Carolyn Smith: ... advanced, whatever. David Redmond: I think we've addressed it myself. Fine. There's a condition after it or before it that says, there are not going to be any fluids. There are not going to be this. I mean, I think this is kind of overworking this as it is. And I think we kind of addressed it in my view. How big is this suite, Mr. Bourdon, that they're going into? 9 Eddie Bourdon: 1,700 square feet. David Redmond: Yeah. It's not that much you can do in 1,700 feet anyway, for crying out loud, you mean storing and tires and brakes and racks and all, putting lifts in the ground and all that stuff. No. So, in any event, I think we're kind of... I think we addressed it is my view with that addition in that condition. Yeah. I thought the other conditions, frankly, were sufficient, but if it helps, let's do that. And with that (- Jack Wall: Okay. And I agree with Mr. Redman that this is a very low-key operation. They have two parking spaces that they can use that are associated with this building or with this business. The speaker had a good point that it may turn into more maybe it's in a more expanded operation. But I think with the added condition repair should only be for the ADAS, vehicles with the ADAS system should be sufficient. So the added condition to number five. Jack Wall: Okay. So we have a motion to approve agenda item number 12 with amended modified condition number five. Do I have a second? Second. Okay. A second by Mr. Weiner. Madame Clerk: Vote is open. Mr. Redmond. Madame Clerk: By recorded vote of 10 in favor, zero against agenda item number 12 has been recommended for approval. Eddie Bourdon: Thank you all very much. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE 10 Wall AYE Weiner AYE CONDITIONS 1. The Category VI landscaping requirement which includes a solid privacy fence, minimum of six feet in height, with evergreen shrubs planted on the outside of the fence will not be installed. This is a deviation to the City Zoning Ordinance. 2. The landscaping on site shall be installed in conformance with the approved Landscape Plan entitled "Landscape Plan", prepared by Gallup Surveyors & Engineers, date July 10, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 4. There shall be no outside storage of equipment, parts, tires, or materials. 5. No motor vehicle repair work shall take place outside of the building. All repairs shall take place inside the building with the bay door closed. Work shall be limited to repairs of alignments and calibrations of vehicles equipped with and for Advanced Drive Assistance Systems (ADAS). 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. Vehicles associated with the operation, employees or otherwise, shall not exceed more than four (4) at any given time. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. There shall be no signs that 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. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11 11. 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 property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 12 From: Jerry Snyder To: Michaela D.Mckinney Subject: Complaint about auto repair shop Date: Tuesday,January 11,2022 2:09:23 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, I would like to voice my concerns about an auto repair shop trying to open on my street, we already have a big Al's on our corner and have had nothing but trouble with them flying through neighborhood. I am helping raise my 4 grandchildren ages 11 to 4 years, we don't need any more auto traffic testing their repairs on our street, the business in question is Anderson enterprise s Inc , 4912 Rutherford road, I have lived at 4901 Rutherford Rd, Virginia Beach, VA 23455 for 28 years, please give this your utmost attention, thank you Jerry Snyder From: Rick Deoetris To: Michaela D.Mckinney Subject: 4912 Rutherford rd.Suit 104 Anderson ent.Auto repair Date: Monday,January 10,2022 12:50:08 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. My name is Richard depetris, I live at 4909 Rutherford rd. I have included a petition signed by every resident on our street. We are adamantly opposed to granting this variance. We know the wording on his application is just a nice way of fooling people to think he he will be a quiet tenant. A representative of the applicant spoke to the residents trying to persuade them into falling for that. Auto repair services create many obstacles for a residential area. Examples include excessive noise, cars parked everywhere possible,test driving cars, late hours, and the depreciation of property values. The reason for our concerns are evident all over the city.Just look at the other 2 repair shops within a qtr. Mile of here and you will see examples of this. There are small children living in 4 homes on this street and we are fearful for there safety. For these reasons and many others we respectfully request this variance be denied. I will be attending the Jan. 12 hearing to express our concerns. Thank you . Sent from my Verizon.Samsung Galaxy smartphone From: swhite621Ca�aol.com To: Michaela D. Mckinney Subject: Complaint against:4912 Rutherford Rd,Ste 104(Conditional Use Permit)-Jan 12th Date: Monday,January 10,2022 8:07:52 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. Please forward this email to the"Virginia Beach Planning Commission"for January 12, 2022 My name is Mrs. Shelley Nestor, 4905 Rutherford Rd. I live across the street from 4912 Rutherford Rd., property owned by Anderton Enterprises,Inc.. I am absolutely against the"Conditional Use Permit" in question. My side of the street is zoned Residential while the other side is Commercial. We already have to endure noise from commercial trucks coming and going from the units that Anderton Enterprises, Inc. rents. An Auto Repair would bring in more noise from vehicles needing repair, and their Air Compressors (which are loud) being used to assist the repairs! We pay taxes and want as much peace and quiet as possible, but we don't get much of that because Rutherford Road is also a cut-thru for A LOT of traffic off of Independence Blvd. going to Lake Smith Condominiums and Bayville Apts.. Both have large amounts of units. The noise and traffic becomes intolerable at times. Noise most of the day. None of the residents on this street neither want or approve of an Auto Repair Facility. DO NOT APPROVE this request! How would you like to have an Auto Repair Facility across the street from your Home! There has to be limits to this Commercial Rental Property when you have Homeowners directly across the street. Don't drive our property values down any further by letting any type of business move in across our street! There are plenty of Commercial properties where they could go and wouldn't bother any residential homeowners. Thank you for your consideration on this matter, Mrs. Shelley L Nestor From: Connie Knipp To: Michaela D.Mckinney Subject: Anderton Enterprises Inc. Date: Monday,January 10,2022 5:33:54 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. I am concerned about Anderton Enterprises wanting to locate at 4912Rutherford Road in Va Beach 23455. Our street is very tiny with all buildings in front of us zoned commercial. This particular business would not be a good fit for our little neighborhood. I think it would become a traffic and parking problem for us, and a bit noisy. This street really does not have room for such a business. I hope you will take this into account and deny the business a place here. Thank you Connie Knipp 4921 Rutherford Rd. Va Beach 23455 we feel allowing this vari , J- - 4' mmertng,air tools,loud cars fr.. m M G �1 s designed as office warehouse _ `�� `- with no fire w ,.„``k 6� -Y� D1/P C. is no extra on street parking,since each shop only has 4 designated party s � a � f»�� is will result in cars ii -- 9 iy parked as there is in many other auto shops.if this approved im sure eventual) the whole building will become a repair facility.�'/•This wi ill also advers ley affect our property values.The residential Property owners have I lved here for 20-50-years Therefore�e .____ ��- - _respectfully we request this variance be de riled Thank you the residents of Rutherford rd.and Bayside �� ---------------------- # Printed Name L addres• a rd4.� r , Rd mod. ' , .-.-1, ,....„,,__ exile, N -.1 0,./ 11 f-Pilo c pi,± e,, ,,, 4- k . _"...Y12_____. 1 4-thke r rd 8. '� �, `�-� i� _�1P 11;? I /emu f/Ze� d r ,S _ _ _ 419___. 1- igt4tkiSar4.._ ____ S Zip hi 5 _ tt 2c IC_ er 10. - 1 1. .. / . 4105:.:_e if 90,-5.. 11=irir''' 4 '-, ,. , ,,,,,,,.. 12. , iir,41,0.01 i i._ -.. if -.."..",....... .4 I. _ ti..... ./ i I) 14. 1-1),.,s4-:,,„ c bi.„. i.tif , ' • " _ , , 4.--- I ...4 Ifrolv.7.,. .....,--v-_-:-.. :_.. 15. 7.C,...r...,124___ Lti NIA. _ ,icit4465akLiiieb rs,1)_,._._ 17. 18. --- { 14. 21. 2. 23. -- _71_---__-_—__ __ _______:—_ "77________- 29. - .- 30. J`:1C1ara1STOP SIGN PETITION FORM.doc 1 \__________i \-----\\__::\ \ \ \ z \,, 0 \ ,, \:::\ OR \ \ 1 ' , ______------- \ S \ \ , c. \ co \ jiII \ OR 1 \ , R5S \ �5th Street OR RT3 N %/ Site w '�� r Ralph Brian Sloop \ _W Property Polygons 313 15th Street s QZoning Building ii. mi Feet 0 10 20 40 60 80 100 120 I eui. >i 4t3.4 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: RALPH BRIAN SLOOP [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 313 15th Street (GPIN 2427163367). COUNCIL DISTRICT 5, formerly Beach. MEETING DATE: March 1, 2022 • Background: The applicant is requesting to operate a four-bedroom Short Term Rental unit located at 313 15th Street. The site is zoned Oceanfront Resort (OR) and is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District. The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or four spaces in this instance. • Considerations: The site is surrounded by a mixture of residential uses and a religious institution to the south. Four parking spaces are required for the four-bedroom Short Term Rental request, which the applicant has provided entirely on-site within the driveway. In addition, all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. The use of the dwelling as a Short Term Rental can help achieve the year-round resort destination goal of the Resort Area Strategic Action Plan (RASAP) 2030, as it provides diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. A nearby property on Arctic Crescent previously requested to operate a Short Term Rental but was denied by City Council on July 6, 2021. Although the Arctic Crescent property is walking distance from the subject property, it is not located in the Oceanfront Resort Short Term Rental Overlay. The applicant was found to be operating prior to City Council approval. Staff reached out to the applicant about this and they removed all online Short Term Rental listings on the same day, January 14, 2022, noting that they did not understand the prohibition while in the review process. 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. Ralph Brian Sloop Page 2 of 4 • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 313 15th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 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 residential 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 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. 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. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 Department of Planning and Ralph Brian Sloop Page 3 of 4 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. 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 Rental. 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 ($1,000,000.00) 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, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been Ralph Brian Sloop Page 4 of 4 installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearings Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department A , City Manager:/ Applicant & Property Owner: Ralph Brian Sloop Agenda Item Planning Commission Public Hearing:January 12, 2022 City Council District District 5,formerly Beach 16 Citq of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation `') 0, 0 Approval SW r Staff Planner zba � 13° y 1 iiii Hank Morrison � , Jenizza Badua 'g'h�tte•, -i \ .18th Stteet • olevatd Location a a�hg° 16th5tre�t Ka • 313 15th Street tstrs stqr-A___ \ GPIN , obey . 24271633670000 tgth Stje� � A 1 Net tlth 5"g 1 �'Pe tOth Street F_Norfolk Avenue SO,Street t ` 10th S" so, twee Existing Land Use and Zoning District �h5t �ry�artdpye�ue.,.- pot el Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings/OR Oceanfront Resort South ,,l 15th Street : `� , ,t_ v _; Star of the Sea Catholic Church /RT-3 Resort '' �' �— ' '" . l i + Tourist - ; *-- ,v4v East ..4. %.., 1 , .. t �- i \ •1'' �. Townhouse/OR Oceanfront Resort ' �<. � 9U. '� �irr: r 4w, ‘-' r t West 1 i' I �` i'. �5th Sitee Townhouse/OR Oceanfront Resort ' -.. Y i a t : ti _ Ralph Brian Sloop Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • The site contains a 2,500 square foot,four bedroom, single-family dwelling constructed in 2015 on property zoned Oceanfront Resort District. • No previous zoning violations related to Short Term Rental use were found associated with this address. • Staff inspected the site on November 19, 2021 to observe site conditions and take photographs for this report. • Known Short Term Rental activity as of December 2, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes 11/2021 No Short Term Rentals in the Vicinity eke, r s- � a � `I 1110 • ee o f .c e m ..i. ' V:.LV-1 .t? \ 35g 16166 \tiWi-A3 S i i - --- lik' 1400 -\ I ,1 iiii •y ' r z. 11F*AO _ � �• itt. IltSSAI. //, '41 f Jett*__,k- t�: '�i�i ♦ . `. Short Term Rentals/�� A' CUP Stags • siti tik = 4 z t t ,- • moo.., `t '` - e—;-st, t�"\ • 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 Ralph Brian Sloop Agenda Item 16 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required):4 • Number of off-street parking spaces provided: 4 1 1 1 \ t , 1 ti I I \ DR p s _ _ '' - \\ Zoning History ,t +6a'S«e -' # Request —3,-- - - 16 1 NON(Expansion of a Nonconforming Structure)Approved 04/14/2009 OR 2 CUP(Church/school expansion)Approved 05/09/1995 , Ike . Ir. - - . 1 ,,;' CUP(Church and Accessory Uses)Approved 11/09/2004 CRZ(From A-12 Apartment District and R5-S Residential - --to il\rs District to Conditional RT-3 Resort Tourist District) 1--- _ S�tis«.�' OR Approved 11/9/2004 111 3 CUP(School Expansion)Approved 05/25/2004 _i_____,.......4*. \7 ------ ! o3 CUP(Church Addition)Approved 04/12/1994 RT-3 STC(Street Closure)Approved 03/10/1992 R-ss 1Cil4 STC(Street Closure)Approved 12/16/1997 \____....\_ t '—'. Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a four-bedroom Short Term Rental in a single-family home. The property is zoned OR and is surrounded by a mixture of residential uses and a religious institution. Four parking spaces are required for the use, which the applicant has provided entirely on-site within the driveway. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year- round resort and will enable the Resort Area to become a more walkable community.Thus,the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. A nearby property on Arctic Crescent requesting to operate a Short Term Rental was denied by City Council on July 6, 2021. Though walking distance from one another,the subject property (313 15th Street) is located within the Short Term Rental Overlay District while the property on Arctic Crescent is located outside the District. As the property is within the boundaries of the Residential Parking Permit Program (RPPP), where on-street parking is limited,Staff recommends Condition 3 that would limit the number of guest and temporary passes while the Conditional Use Permit is active. In addition,the requirements of Section 241.2 and Section 2303 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. Ralph Brian Sloop Agenda Item 16 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 313 15th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 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 residential 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 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. 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. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 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. 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. Ralph Brian Sloop Agenda Item 16 Page 4 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 Rental. 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 ($1,000,000.00) 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,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. Ralph Brian Sloop Agenda Item 16 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 December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 27, 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 December 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 13, 2022 and February 20, 2022. • 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 February 14, 2022 • 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 February 25, 2022. Ralph Brian Sloop Agenda Item 16 Page 6 Site Layout & Parking Plan r \_, • - ` . ‘ ,,,,, , \.:,,,t, . \ - - . . . - t A •• ;" , _ _ - *): ' \ _ _ .,004 t ' 1ilt `. 1- — , . , ' '444 _ 4 \‘, _I" , 1 . N N,.., ‘11:\ __ N. N.. r t 2 . i N :,.--.. ail?' - 7 ' ...IA ;41 �., `. .z r 1 ,..,-r A - "" . 1 _ `' ' ` gyp 4 t*- 4 ' ' ';.-.!..44.4"_ ,'*. ..,,,i314 * A i - . y , -0 \ 15:c 9' x 18' driveway parking t space i Ralph Brian Sloop Agenda Item 16 Page 7 Site Photos i - time III • N EN i ////��.. 1 r, a ,1 • gull ii.. ' 't_ "- -_ r. L ? 111/Iiiiiit 1111011 iiiim _ - / lil I ,` I t s de il yii, Nip ,I Ralph Brian Sloop Agenda Item 16 Page 8 Disclosure Statement Disclosure Statement Vii tlty q Vnv /ma 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 S Applicant Name (K4, 1 ~ 3f\`A0J (oor Does the applicant have a representative? tYes ❑No • If yes,list the name of the representative. Si€rk� t2)C Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?2 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) r►K i�' R.4).1 +o CA- 1/4lib w A L.) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 3 D u:loiPRS love-3A 1`� L. L& "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 snare the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 11Page Ralph Brian Sloop Agenda Item 16 Page 9 Disclosure Statement Disclosure Statement N/13 Planning&Community Development. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beth have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes Mg 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 anDIfinancing in connection with the subject of the application or any business operating or to be operated on the property? Yes Cl No • It yes,identify the financial institutions providing the service. PennyMac (Purchased from TowneBank Mortgage, Chris Busching) 2. Does the applicantpl have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes L�'tic 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?L1�Yes ❑No • If yes,identify the firm and individual providing the service. 1 elrek 1_3 Fc l e 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 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. 2IPag Ralph Brian Sloop Agenda Item 16 Page 10 Disclosure Statement Disclosure Statement it.4f,,,pir.,,,r,, Planning&Co trTtenc 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 Si/No • if yes,identify the company and individual providing the service 7 Does the applicant have an engineer/surveyor/agent in core ection with the subject of the application or any business operating or to be operated on the property?❑Yes irt No • If yes,identify the firm and individual providing the service 8 is the applicant receiving legal services;n nnection with the subject of the application or any business operating or to be operated on the property?0 Yes Gr7 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,aria 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,VI3DA.COPA,Wetlands Board or any public body or committee in connection with this application. _ l APPlicant C'r _ . . . atwee !< 73R.1/44g loor ow N�� Print Name and Title — i0 5 i- 1 Date ,�(/,, is the applicant also the owner of the subject property? li yes ❑No • if yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications p ® Vo chan�et as or Darr �8 2022 • Si$nriure • a-I IWagon � 1.4.1.40IL — 1— — 1►rt�t is me�Hannk W Igo 1 -- 3iPage Ralph Brian Sloop Agenda Item 16 Page 11 • 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. Ralph Brian Sloop Agenda Item 16 Page 12 STR VICINITY MAP RALPH BRIAN SLOOP ____...---i,,1. 1 . tr ,, __,___ .,,., f, 1--:..., ,,, 20-13-- a silli .-.-- ,Ller. --' ' 1,. To ,4 , VS `�� 1 ► a it �k /,1 •___.H:.01:/L..-11)01A _ - ___-- . W_ ._._-- , 01‘16., i -S.s...4.------_----:------- . ' -''1,,.•,, ,,,,. ------- .',fir _ --__ 7----':-----t '\, ._ V: -7.... ,p..------ : ' s'tt0 \--- \..7.1 111 '. -, ':',-*" W --- -------.--01 O 1111111 1 _ 1 -------- __\.• -*I . --- - . \\I ‘. 11; .7\ \=)..------ _s, _iti ts ',-.,_--- 6 i ,,, -..._-_:--: - , .. .. ____------------" 117 e ..„,,,,- * 0 'V ___ _ _-' 7 ....,,,,,,,,,,,,\ ,, _..:, '1111,,04 ii-_. _,...ick73,. .:-• -13-* .\ V-:z.----. am Q; ..,:-.---..-.- ----,, .- IllirleA __ ____ ••f . . ..„' w % Ti `�, j 1�V , ; �� . ti ICI *.; Short Term Rentals WOW •_. Frg. -iitill. \\ __,A 201-_-, - ,, i, STo F. 'its ty1111111 1 CUP status 'i, e 0 Approved � 1 P illOtT ii\`‘etrI\ I_ k\1.-- .,, ,r . Denied , .. r Under Review 1 �� Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 16 Ralph Brian Sloop [Applicant & Property Owner] Conditional Use Permit [Short Term Rental] 313 15th Street RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: 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. The Zoning Ordinance staff and Planning Commission supports the applications and there are no speakers signed up to the comments. Jack Wall: For? George Alcaraz: For comments. Jack Wall: Right. 15 and 16. George Alcaraz: For 15 and 16. 15 is Todd Sweigart for a Short-Term Rental at 505 19th Street in the Beach District. Jack Wall: Yeah, that's fine. George Alcaraz: Okay. And number... What's the last one, 16? David Weiner: 16, yeah. George Alcaraz: 1 And 16 is Ralph Brian Sloop for Conditional Use Permit fora Short-Term Rental at 313 15th street on the Beach District. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 9 NAY 0 ABSTAIN 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 313 15th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 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 residential 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 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, 2 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. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 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. 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 Rental. 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 ($1,000,000.00) 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. 3 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, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 OR. \, _ __---- \ fri,..„‘ C\3 1 43 OR ri.t. 0 1,2____\____a \:::\ 17. yco OR ,,, .:. -3 - 4tstc0et h �gth\ , Street � � h Street _ \\OR Agt OR OR i N // Site Todd Sweigart W ,��' Property Polygons 505 19th Street s OZoning Building m momi• mili Feet 0 1020 40 60 80 100 120 Zb CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TODD SWEIGART [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 505 19th Street, Unit A (GPIN 2427071526). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: March 1, 2022 • Background: The applicant is requesting to operate a three-bedroom Short Term Rental unit located at 509 19th Street. The 7,064 square foot site is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District and is zoned Oceanfront Resort (OR). The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or three spaces in this instance. • Considerations: The site is within the ViBe Creative District, which consists of single-family and multi-family residential dwellings, as well as multiple commercial uses that are oriented to resort living and activities. The applicant is proposing three parking spaces on-site to meet the requirement for the three-bedroom Short Term Rental request. Two of the parking spaces can be accommodated on the concrete driveway and one on the compacted gravel area that has been on the property for a number of years. 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, all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. The use of the dwelling as a Short Term Rental can help achieve the year-round resort destination goal of the Resort Area Strategic Action Plan (RASAP) 2030, as it provides diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. 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 January 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention, to recommend approval of this request. Todd Sweigart Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 505 19th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 Permit; 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. Todd Sweigart Page 3 of 4 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 that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 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, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke Todd Sweigart Page 4 of 4 alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearings Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. L Submitting Department/Agency: Planning Department 70 City Manager: "Ni1B Applicant & Property Owner:Todd Sweigart Agenda Item Planning Commission Public Hearing:January 12, 2022 City Council District District 6, formerly Beach 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation1%---.4 D` t+Stjeet SthHa‘`5ttee` Approval r° '6'_ 5„mot 25th 2,thNa1tsjjee, ve ert '. Staff Planners `2„hSt�eet y2,,dsa Jenizza Badua ss,, , Z9,1SttQet v la Hank Morrison a 22,,o d,Street r ytb Location ' • , ' 1 505 19th Street '� • m �, oa GPIN ��`6"a % 1110 M` S`rel 24270715260000 1 "col m S -+4I4 ` 15th y 3 Site Size `29'S"eet J 11th Sheet i la*. „thst,eet 7,064 square feet 12th S" Or'''e `` t _' r k Existing Land Use and Zoning District Single Family Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts 20 ", - 1 8 North _ (�: , Single Family Dwelling/OR Oceanfront Resort A.., -: - " South .�, .v0 19th Street . �~ • `` ' Single Family Dwelling/OR Oceanfront Resort F '''s''�- -•\ . -g -i! East or 4.- s- Single Family Dwelling/OR Oceanfront Resort 10 a., i s West _A, Single Family Dwelling/OR Oceanfront Resort � Todd Sweigart Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,000 square foot parcel is located within the Oceanfront Resort District and consists of a three-bedroom single-family dwelling that was constructed in 1945, according to City records. • No previous zoning violations related to Short Term Rental use were found associated with this address. • On-street parking is not permitted on this portion of 19th Street • Staff visited the site on November 19, 2021 to observe site conditions and take photographs for this report. • Known Short Term Rental activity as of December 3, 2021: LAST KNOWN REGISTERED WITH THE CURRENTLY ADVERTISED RENTAL COMMISIONER OF THE REVENUE Yes* (*As 30 day or more rental:The applicant has rented 12/21 No this property for the last 17 years with long-term lease contracts.) Short Term Rentals in the Vicinity _50.-4 -__----vn. 010\-ii4v4Viti-A , \ ------"-"2=01,,\i 1 0 rkr 7 0 •sigatt,t\ 11 Vie....„, , 0 ,� 1111 'wok n , _ iswor.,i.L:1_0,. _..„ --, ),I , , ___04-6-- \ te---,;:lig-ti,toss . 7,,,_, AC AO 4:.,s,, - - '01,0107. -------------5 - 11 5 \ ,�l!� y" ,=111111� 4 °.I' - AS %IOW W _-- r ,1--- ,,,itiwv_ ' . sr: „1-1--014, .3w- --7-- ‘-at, - \ ix- .:,_14.....-:. \:,. : _c_______--------9, tlistfe---_,,171,014 oil - -,--, a__, • . - go. - __ Short Term Rentals ��' 1tisel l�ll A c p per-,t. ' .� G740-tea° - \\ CUP Staws � � 10104 . AiGn.ea , • ��ner i �1 . c .tfeet Un Oer Rer.t.� . bo �� - {l , Todd 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 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 .sn e‘ _ 1 a .--1-V11314-5-1-1°' Ili III II-- "-... --iti,'r'-:-:''''' DR ' w,sues , ' Zoning History ";° k °R # Request 1 % 1 CUP(Short Term Rental)Approved 07/06/2021 m \ ' Is 1 , �� 2 NON(Expansion of Nonconforming Single-Family Home % 0111i ', !' .- OR Under Previous RT-3 Zoning)Approved 04/27/1993 Ago _ r_,.t,.� 3 ALT(Special Exception for Alternative Compliance) 3; Approved 08/17/2021 RR .414A attii.....\_\ oil Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The site is within the ViBe Creative District in the Resort Strategic Growth Area (SGA), which consists of single-family and multi-family residential dwellings, as well as multiple commercial uses that are oriented to resort living and activities. Along with the Virginia Museum of Contemporary Art (MOCA) and 17th to 22nd Street corridors,the ViBe Creative District has been identified as part of the Central Beach District in the Resort Area Strategic Action Plan (RASAP) 2030.The resort-oriented mixed-uses and activities in the Central Beach District play a key role in achieving the goal of a year- round resort. Thus,the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. The applicant is proposing three parking spaces on-site to meet the requirement for the three-bedroom Short Term Rental request. Two of the parking spaces can be accommodated on the concrete driveway and one on the compacted gravel area that has been on the property for a number of years. As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Todd Sweigart Agenda Item 15 Page 3 This site and the property to the west, 507 19th Street,share a driveway that provides vehicular access from 19th Street to the rear of both dwelling units.The western 4.1-feet of the subject property contains an ingress/egress easement for use by the property to the west, 507 19th Street (lot 7) (Deed Book 680, page 172).The applicant also owns 507 19th Street,which was approved by City Council for a Short Term Rental Conditional Use Permit on July 6, 2021. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 505 19th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 Permit; 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. Todd Sweigart Agenda Item 15 Page 4 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 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,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 Sweigart Agenda Item 15 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021, and January 2, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 13, 2022 and February 20, 2022. • 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 February 14, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/gover nment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 25, 2022. Todd Sweigart Agenda Item 15 Page 6 Site Layout & Parking Plan �i NI 7675.15- E t 5r�' .2o 7.40 •1--0-i Ez caAR 'lOvF�a F SHED 9 x 18 parking j space V a t LOT-5 It :. I Compacted BL IC. -38 ;!!;!:! gravel area (3)9y18' p k s Pkt Ak *CP ♦�i/Ir •�`�• ��' ••'M— 0 TO CLEAR '‘,N i i 4$01104*— ., . st :::!,.. ;•' ,•••• 2 r • rwf1.' . • 3622 V•a I / It) i , N. ,f::.. % t-STY. FR. kV) ) !f w/ WJYL SIDING • le .9,'J05r s ve'awC ••3 # b a�twr tSJJ.75• • •.&O. Y• c 4 05. •°.: :' .50' 4a;Pe614 • d `' S76'15'15" W e1 4 g� , M X x X Jr 044W aft roickt L35" CN/iffat L/NK / 19TH STREET (8O' R/W) (FORMERLY VIRGINIA AVE.) Todd Sweigart Agenda Item 15 Page 7 Site Photos yy��// s� t t�:i ryM_�"T 4 yy •�•i1.�' .i 3 t- r fr:t j _ ` DOD's='� a ".T � f' . • I�. /''>'<- li ,,fr .1' . r. .':, el • AO _ g, 111 11 S ilt,,,,„1 . ..la • 2,ti,_ IYf` 3 is i . ,- y : "a Ste-"'*k3" +_. L ..•r • Todd Sweigart Agenda Item 15 Page 8 Site Photos ,.. -',„ , _ .,.., t. 41.:„-4,-- . ., 4 1,'', 1;, 'tj: • • Ir.--,.--. , jr„,....,.... : s.i.- .. t .• , ...., :.,g -,. .._ , :.4..„ -,,.-„,„, _ .. „ft t ,. .. - ...:Ai.,_ aNE: .'-. . .Ai,,, 0.4- .to,-,, '•. - ... , .:... . .,,,t, 4.-... 4,..„ . , ... .., , . ... 4 : . .,... .. t„,470. j k 4_,r t i '.1 rQO ill )1 1 i IA.' t 4411 LI '''* ii---- r ' Ark ,, g s � , � � 'fit:.'4 y ems: 'i .. .. it -yam. - � ,-;-- - . - r y,4. 'Z'` - R - ...:, . :I ,..- - i tC:- "T°'!...744-zA,,--' 'N''A i T , 03 yil $�, « _ _ 'a. i ♦ art-'>..gff'.0.� Todd Sweigart Agenda Item 15 Page 9 Disclosure Statement Disclosure Statement NIB City of Virginia Bah 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 Todd Sweigart Applicant Name Does the applicant have a representative? ❑Yes IN 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) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessilg 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 • Todd Sweigart Agenda Item 15 Page 10 Disclosure Statement Disclosure Statement (Iry of virgiii Sorb Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. David Brotman,Jacobson Brotman PC 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 . Todd Sweigart Agenda Item 15 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the appl cation or any business operating or to be operated on the property?❑Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes al 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,CPA,Wetlands Board or any public body or corn ee in connection with this application. r_Applicant Signature Todd E.Sweigart,Owner _ Print Name and Title October 28,2021 Date Is the applicant also the owner of the subject property? Yes ❑No • If yes,you co noI 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 l ® rw d�nee�w or Date 2/8/2022 •`�• • B�ttQB�Print waste ' • SOn Todd Sweigart Agenda Item 15 Page 12 • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Todd Sweigart Agenda Item 15 Page 13 : i), ..„...L.-- .77::::4;oroci______....... nix.ii______1_,..,_, \ IT ' ___.. ,:_:._,:,............1:- _.__ _3:..... ' \ , ' --:----r------f - '\ _.;, ... f&atitt, ..• • - ' . - ''', \-1-A--, • .. ,•---- �,�' - , „. 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' 41 Fl _,-__-- c__.7 P47,- ' ' '---,, tri CI) 51 N.y1- \\ flifi = ri. tu \ \ € R) E' !' 5 • RI 4 ` 4 (Y c '�1 Vl r j Ci J V Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 15 Todd Sweigart [Applicant& Property Owner] Conditional Use Permit [Short Term Rental] 505 19th Street RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: 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. The Zoning Ordinance staff and Planning Commission supports the applications and there are no speakers signed up to the comments. Jack Wall: For? George Alcaraz: For comments. Jack Wall: Right. 15 and 16. George Alcaraz: For 15 and 16. 15 is Todd Sweigart for a Short-Term Rental at 505 19th Street in the Beach District. Jack Wall: Yeah, that's fine. George Alcaraz: Okay. And number... What's the last one, 16? David Weiner: 16, yeah. George Alcaraz: 1 And 16 is Ralph Brian Sloop for Conditional Use Permit for a Short-Term Rental at 313 15th street on the Beach District. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 9 NAY 0 ABSTAIN 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 505 19th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on 2 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. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 Permit; 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 that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 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, which number shall not include minors under the age of 16, provided that in no case may the total number of 3 persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 19. 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 4014 OR 1111111 OR T. \ 0;R /". h Sire et 40� • tre set 4p OR OR r Site A40x �' E � Suzanne Ling �J. Property Polygons 4005 Atlantic Avenue, Unit 114 S Zoning Building - Feet 012.525 50 75 100 125 150 F�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUZANNE LING [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 114 (GPIN 24280514483910). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: March 1, 2022 ■ Background: The applicant is requesting to operate a one-bedroom Short Term Rental unit located at 4005 Atlantic Avenue, Unit 114. The site is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District and is zoned Oceanfront Resort (OR). The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or one space in this instance. The applicant will likely present their case for the possibility of two rental contracts during any consecutive seven days, as there are several other Short Term Rental units within the building that operate without this condition as they are grandfathered properties. Despite the applicant not being amenable with the one rental contract provision, this provision limiting the number of rental contracts to one per week is indicated in Condition 13 below. • Considerations: The proposed Short Term Rental unit is in the Oceans II Condominiums at the northern terminus of the Boardwalk along the Atlantic Ocean. Eight Short Term Rental Conditional Use Permits have previously been approved on the property. The surrounding area is a mixture of high-rise multi-family dwellings, hotels, and other commercial and resort-oriented uses. One parking space is required for the one-bedroom Short Term Rental request, which the applicant has provided off-site in a parking lot adjacent to the subject property. The lot is one of two lots dedicated to Oceans II Condominium tenants. 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, all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. The use of the unit as a Short Term Rental can help achieve the year-round resort destination goal of the Resort Area Strategic Action Plan (RASAP) 2030, as it provides diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. Suzanne Ling Page 2 of 5 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Two letters of opposition were received by Staff from an owner within the building and a nearby property owner adjacent to the Oceans II Condominiums. Both letters noted concerns related to the proliferation of Short Term Rentals at the oceanfront. Three letters of support were also received from property owners within the condominium development. There were no speakers in attendance at the hearing, other than the applicant. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 114, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 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 and to be physical present at the Short Term Rental within one (1) hour. Suzanne Ling Page 3 of 5 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 Permit; 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.A11 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 that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 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, which number shall not include minors under the age of 16, provided that in no case Suzanne Ling Page 4 of 5 may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearings Letters of Support (3) Letters of Opposition (2) Suzanne Ling Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. SubmittingDepartment/Agency: ��,Planning Department / City Manager: Applicant & Property Owner: Suzanne Ling Agenda Item Public Hearing:January 12, 2022 City Council District District 6, formerly Beach 17 city+( Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation A8t,s --A Approval t ,.— t say co A6ths"e' 'ac a Staff Planner .xhsu..t ,Ntn s Jenizza Badua woo r _ ♦sie Hank Morrison 1 0c9w_d Ilkic Location Rid ' tyR►l 4005 Atlantic Avenue, Unit 114 m0 h 11040 1111 GPIN •-'`e f 24280514483910 t, \ to I t j50 st Site Size P"' �ccaRo 5 sot*t* C 14,500 square feet 4 le,_ ___:rostt.** Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North + d , .1 Ilk ' Multi-family dwellings/OR Oceanfront Resort ; South { _ • . 40th Street (pedestrian beach access), hotel/ k " ' ` rF ilt \ '.OR Oceanfront Resort ,* '- _..- oi * ..400!: . East ,- , Public beach of the Atlantic Ocean/OR a - 4olh'St`ee` -4-:, -vt Oceanfront Resort - -L,'s�.,- ,: ii L! v 1 ,t t West 1Atlantic Ocean c ' _ "" Multi-family dwellings/OR Oceanfront Resort Suzanne Ling Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This 14,500 square foot parcel contains the Oceans II Condominiums in the Oceanfront Resort District. • According to City records, Oceans II Condominiums includes 42 condominium units constructed in 1976. However, part of the building was previously a motel that was constructed in 1973 1956. • There are 42 off-street and off-site parking spaces within walking distance of the property. Each condominium unit is assigned one parking space. Twenty-two of these spaces are located in a parking lot across the street(40tl Street connector park)to the south adjacent to the Holiday Inn. The remaining 20 parking spaces are located in a lot diagonally across the street from the condominium development. • On-street parking is not permitted on this portion of Atlantic Avenue. • Eight Conditional Use Permits for Short Term Rentals have been approved on this site by the City Council. • No past zoning violations were found on this property. • The applicant purchased the subject unit (#114) in January 2021. • Known Short Term Rental activity as of December 3, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity owl / 440 Street i ,� 43r a�a43rd Stet i.�: rem �. 42Nd"3 street D`rye ` ry Cr8yalie ", ,. . :-.44.1 ot , —- 1 ''' '''''''''Air:•3'4\ -..*-1)..,:;:c-14C;.:: :-.':', b st;e1 T‘ 1 t t,,F,.... :. � � 1 -,1:. I-.n L Wi : ' t 7 Short Term Rentals n R M a. S' OM s CUP Status . t ggth Street Suzanne Ling Agenda Item 17 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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 \ \ n Zoning History �R2 # Request 1 CUP(13 room addition to 30-room motel)Approved 10/08/1973 CUP(Short Term Rentals-5)Approved 08/25/2020 CUP(Short Term Rentals-2)Approved 02/04/2020 CUP(Short Term Rentals-1)Approved 11/17/2020 s , 2 CUP(Condominium)Approved 2/18/1972 NON(Stockbroker's office)Approved 11/10/1980 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The proposed Short Term Rental unit is located in the Oceans II Condominiums, directly adjacent to the public beach , where Short Term Rental use is to be expected. Eight Short Term Rental Conditional Use Permits have previously been approved on the property. The condominium building is at the northern terminus of the Oceanfront boardwalk. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round resort and will enable the Resort Area to become a more walkable community.Thus,the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. There are two nearby off-site parking lots dedicated to Oceans II Condominiums,as shown on the parking plan provided in this report. The applicant has one assigned parking space (#29) in parking lot 2, thus,fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section Suzanne Ling Agenda Item 17 Page 3 2303 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. Staff has received ewe two letters of opposition from an owner within the building and a nearby property owner adjacent to the Oceans II Condominiums. One letter of support was also received from the property owners of one of the units in the condominium development. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 114, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 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 and to be physical present at the Short Term Rental within one (1) hour. 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 Permit; 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. Suzanne Ling Agenda Item 17 Page 4 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 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,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 Ling Agenda Item 17 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021, and January 2, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 13, 2022 and February 20, 2022. • 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 February 14, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.corn/government/departments/city-clerk/city-council/DocumentsjBookmarkedAgenda.pdf on February 25, 2022. Suzanne Ling Agenda Item 17 Page 6 Site Layout & Parking Plan rya • m s;s -' ,rr,ln;u t�_'ill ' :I sans 11 °nd° oc 11111 ‘,_., _ , it \I. ,- , -I . .v., - -, , 0 Wiff-,-;,--f:— ., . . 4.4 r)4 '':-,--- t . .vit--- - . - It, -�� -3 011_,----1-----1-'---41111Y�S1.n•"ram - - _ -., - - mik Vif.iiik. ' ..., , 11 ....i , - ..._ --- --011 ' 1 .' • • ' 1 `} �y parking 1.0t t. r . . Is ----SS 1 - z., • • IR I --ii- V ' ;I* "--t . _ I 4 ter.., 7 , s'..- _!,' \''' \ '. \ ...-- 4,4,7,:: _ - . ,rw 1 _ 4. 's- 10 -- ..i.,!. II .....- . Parking °t 2 ' 1 liday Inn H°to • 10 r - 7_, . •1:c7e. ; - -- - * • ' • ,,,ri\r'cli i it he '"'*- . . , Suzanne Ling Agenda Item 17 Page 7 Site Layout & Parking Plan Parking Lot 2 Updated June 2020 (Entrance) C = Owner 0 0 Owner = rD N co Oceanfront Escape; o o Cunningham co w LLC W o Yarup A 2, Brinkley - Johnson n Eberly CID W - Stcrioyanov a) 8)) LongCreek, LLC o Red Lion �; Heidel a) Properties, LLC W o Simons OD Joynes o rn Minor co co Oleszko -- Tritsch o o Burroughs Ruloff Long Creek. LLC cr) Kelsey ,W N Wilbourne o 0) Minor was the previous owner of Unit 114. The applicant (Suzanne Ling) purchased the unit in January 2021. Parking space #29 is the assigned space for Unit 114. Suzanne Ling Agenda Item 17 Page 8 Site Photos - --groomenw .... ,_ ... 7.-__--_- . • - .—- '----.--z - - _ .V ill MINI eiltZoill I -..,..apmionq4P.. , . ___' 0111 I , gm. A maw,sour _ ,,,` .,., ,• i . -....,4 --........11.11111..1 - = _-------------.7----......................................_--...- -...T -" `- ."411111111111.1111111. ./ I - - '1 ...... 111114r . to .4111 — ,„„..... , . a - -7 • - ' • -, 4:4`...'1111k ' V;, / , .ii.,./i., ,,- ---, .........-__-______ _ ! I— t't,. .A.stVr:. . '• "::‘,14010_ ) ,. Hi .., . - • ,.. - ---,-,..- .. ,...... - . . --, . --•,, . ..„ . Suzanne Ling Agenda Item 17 Page 9 Site Photos 111.71"41k, i liNot\ \ \ - SIII\111/4 1 11114Z1ilAYN k‘ ---,----, 147 lik. 1 ZiaNiN INNNiiik at,esz,_.,- ..... ___ ______ , . ... 4 '1.1, -•0" ill‘iftli . Mit i I ill*Ilblehtab" . '..----- V .-- 0 Ilk- 11110*"11011111 P.k --,-- ,, 4-0 .4 . :64 - i 1 t 7 If,' - ,I i - _111111111 . ...44111110. ..., _JP...O......... .... 1 111111111111111111111 - 1 . I t , ' '...." ..e ,.0000 e- 4 4 -ire,- . pir ir=...., _ ..... ..., _ , ....„ - r, = _ i I, • aut,,, • -- - p— —ul , 1 — , , ill -- IUM11.1141.11111111.111 bsaness-e-Atie ....- - 11111111 .4 ..,-• - _i •• 41 — - , • A I „ - .....' eVIIII;Ilt‘-- • .* ........ a r lillir ' Suzanne Ling Agenda Item 17 Page 10 Disclosure Statement Disclosure Statement cxy Voymeo,:e fl Planning&Community Development ` 111000 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 Ling 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 •NO • if yes,list the names of all officers directors,members,trustees,etc.below. (Attach a list if necessity) • 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 2 1 Suzanne Ling Agenda Item 17 Page 11 Disclosure Statement Disclosure Statement twi t'upyrx:fray, Planning&Community Development -r d 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-collateralitation,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. Sun West Mortgage Zan Du Roy 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 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. Revrsed 11 099.2020 2 Suzanne Ling Agenda Item 17 Page 12 Disclosure Statement Disclosure Statement \43 Planning&Community Development 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 1 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 buskess operating or to be operated on the property?0 Yes 11 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 11 No • If yes,Identify the firm and Individual providing the service ADDIICant 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. Cit Sigrsaf ——_ ---- ----- u2arr-e Print Name and Title 6/21/2021 Ostia Is the applicant also the owner of the subject property? ■ Yes ❑ No • if yes,ycu do not need to fill out the owner d closure 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 pin changes as or DIM 2/8/2022 Signature • , �levuae� Print Mans ----Fraft-mornson II Suzanne Ling Agenda Item 17 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. Suzanne Ling Agenda Item 17 Page 14 STR VICINITY MAP SUZANNE LING \ 1-'1\ 7A L\--c-\ , a,�.p, Ni ree hst `- mg et d�,,tafeet • �_ r„,,t__\ 1`� tree � � - �N� priv _.,_ IT-_,-,__ . \ . - 4 11� \J° c __ _ v-_____\... -,,x7______- ,7`,>„ .1 ..,. \\ / )\ \.---AliN' '''''\'',\ \ c'---i'l _._Ii--- 40. tb-S \---- 0 VININI 13 - — \ O. t'')5s-i---3 Short Term Rentals co\ ��-- STR Permits r- t4i)--- CUP Status �- .-------- AD proved \A \ :.\ Dented \ J \ -et \ Jnder Rev J7iew \ t 3/��\/t 1`/sue ��,� / 1 � l \ l Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 17 Suzanne Ling [Applicant& Property Owner] Conditional Use Permit [Short Term Rental] 4005 Atlantic Avenue, Unit 114 RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our next agenda item is agenda item number 17, Suzanne Ling, an application for a Conditional Use Permit Short-term Rental on property located at 4005 Atlantic Avenue, Unit 114 in the Beach District. Ms. Ling is a virtual attendant today. So Ms. Ling, if you would wait two to three seconds, please state your name. And if you are in favor of the conditions as recommended for your application. Suzanne Ling: Hi. This is Suzanne Ling. I just... you'll have to just bear with me for my inexperience in this matter and obtaining permits. But I just want to make sure that the conditions that I am agreeing to are the most up to date and enforced, because I do take this very seriously. And it seems like there's some overlap in the Ordinance and confusion as to particularly the section 241.2. Suzanne Ling: And what I'm referencing is these two Ordinances, one dated July 13th, 2021 and that's Ordinance number 3668. And then on September 7th, 2021, Ordinance number 3674, which seems to contradict and is the latest ordinance. Jack Wall: Okay. Ms. Ling, appreciate your input. So does anybody on staff? Mr. Tajan. Robert J. Tajan: Thank you, Chairman Wall. Ms. Ling, it's my understanding that you have concerns about the requirement where you're based on the City Council approved Ordinance that you are limited to only one rental per seven-day period. That is the correspondence I also received that you had sent council member tower recently. Robert J. Tajan: Based on the Ordinance you are in the Oceanfront Resort, Short-term Rental Overlay District, which does limit and have that limitation of one rental per seven-day period. That same 1 condition was the condition that was imposed by City Council on 95% of the short-term rentals that came through the process since 2019. Robert J. Tajan: So although it was codified and written down, regardless of what time you would've applied for, that condition would've been either imposed on you by the City Council at their direction to staff or through the current ordinance. If you go ahead and pause two to three seconds and you can go ahead and reply to that. Suzanne Ling: Okay. But the current ordinance is dated September 7th, 2021, which allows two contracts per seven days. Jack Wall: Mr. Tajan, please. Robert J. Tajan: No, ma'am. What code section applies to you is section 2303 of the Zoning Ordinance. wouldn't necessarily refer to just the individual ordinance you're reading. It does provide a lack of context to the regulations that are in place. Again,just to reiterate, you are in a Short-term Rental Overlay District, which has the requirements that are separate from 241.2. Robert J. Tajan: It specifically calls out that there are certain sections of section 241.2 that are overridden by those requirements in section 2303. And so... And it is, it does limit that rent that you have one rental per seven-day period. Suzanne Ling: What is... The 3674 is amending 24.2. And that was the latest ordinance pertaining to short-term rentals. So why wouldn't we go with that when it... And then there's nothing referring to 2303 in this Ordinance, 3674 dated in September. Robert J. Tajan: Thank you. Thank you, Mr. Wall. Ma'am, again, it's... I think you're only looking at one portion of the Ordinances that were adopted by City Council. Again, Section 2303 is what applies to your property, section 241.2 does not apply to your property. Your property is in a Short-term Rental Overlay District, which then points you to section 2303 of the Zoning Ordinance, which then says you're only permitted to have one rental per seven-day period. Like I said, reading the Ordinance individually is a little bit out of context, not looking at what your zoning classification is. 2 Suzanne Ling: Okay. Just one other question. So when you referenced the ordinance and looking at the application process 241.2, it's also citing 3674. And I guess it's just very confusing to people new to this process to have all of these different pieces, but still contradicting each other. I'm just having a hard time understanding that, why wouldn't I... When you look at the application process, 241.2, and then referencing 3674 in the latest document online, and then that is the latest ordinance to go along with it. I just... Can you maybe shed a little bit more light on this a little bit more? Suzanne Ling: And then I do have some other remarks on, I don't know if you're familiar with the actual property and the units that are already short-term rentals and it's not a vacation home in a residential area. It's a condo unit with several short-term units already in the building. And we have hotels on all around us and building more. So I think this is a little bit, in addition to the ordinance issue, a unique situation and also is a studio. So people were not normally going to spend more than three or four days. And that's why I would like to request more than just up to two rental contracts for seven days. Jack Wall: Okay. Thank you. Ms. Ling, this is Jack Wall with the Chairman of the Planning Commission. So we appreciate your input and we understand that... I don't have the ordinance in front of me or we can really bounce that off, but we'll take a look at that. Jack Wall: Mr. Tajan has stated that it's... You may be taking something out of context. And so it's... We're prepared to approve your application with one rental per seven-day period as it stands, because that's just the standard conditions that have been for the past few years. And now it's, it is in the ordinance. And in terms of your specific location, Oceans 2, we've had numerous applications come before us. Jack Wall: And all of those of late, all the ones within, I believe the past two years, it's been one rental per seven-day period. And so there's nothing out of the ordinary or unfair with that or with anything with Oceans 2. So we're hoping that you in an agreement with this, with the condition number 13. And that's... Yeah, we're going to discuss it a little bit further. But hoping that this matter can be resolved. Suzanne Ling: From my understanding... Robert J. Tajan: 3 Ms. Ling, I'm sorry, your comments got cutoff. And please pause two to three seconds and start your comments over again. Suzanne Ling: Sorry about that. From my understanding, Randy Talbor and Jerri Lynn Talbor, they have just received last summer and they're... All of the current short-term, or I guess at least three, they own four units. They all have two rentals per seven days. Jack Wall: Ms. Ling, I can't speak on that. I don't, if... I find that very unlikely. Robert J. Tajan: No. It's true. Jack Wall: Oh, it is true. Robert J. Tajan: Yeah. That as I knew it. There was- Dee Oliver: It was before the ordinance changed. Jack Wall: Before the ordinance changed. Okay. So that was before the ordinance changed. Robert J. Tajan: And as 95... When I said a 95%, remember there was a long debate with the Planning Commission and the City Council with the concern of how many rentals per week before that condition was added. Jack Wall: Okay. Dee Oliver: We put it in there. Robert J. Tajan: 4 So I will say that there are probably some applicants that do have two days in this area, but as noted by City Council's previous actions, they've directed us and to maintain the one rental per week in this... In the Overlay District. Jack Wall: Okay now. David Weiner: Yes. Ms. Ling, I have a question for you. Personally, I am ready to move forward with an approval on your application for what item 13 or condition 13 states, one rental per seven-day period. Are you in agreement with that to move forward? Suzanne Ling: Yes. I guess, I don't really have another choice. David Weiner: You can work, go up to your City Council and work and talk with them about this, but to get this through us to City Council. I'm 90% sure that's what we're going to agree on. Jack Wall: Okay. I'm going to close it for questions and just going to open it up for discussion. But before do that, I just want to make a note that, for the record, Mr. Redmond has left the Planning Commission. Madam Clerk: So noted. Thank you. Jack Wall: So I'm going to open up for discussion. Anybody? Dee Oliver: I'm going to make a motion to go ahead and approve. What's this application? Item number 17. Ms. Klein: I'll second. Jack Wall: All right. We have a motion by Ms. Oliver and a second by Ms. Klein. 5 Madame Clerk: Vote is open. Madam Clerk: By recorded vote of nine in favor, zero against agenda item number 17 has been recommended for approval. AYE 9 NAY 0 ABSTAIN 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 114, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 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 6 within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 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 Permit; 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 that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 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, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units 7 constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 8 Kristina Heidel 2755 Checketts Drive Sandy Hook, VA 23153 804-212-9773 kristina.a.heidel@gmail.com January 9, 2022 Planning Department Virginia Beach, VA 23452 To Whom It May Concern: I, Kristina Heidel, am the owner of an Oceans II Condo, 4005 Atlantic Avenue, Unit 113, Virginia Beach, VA, 23451, which is located near the unit owned by Suzanne Ling (Unit#114). Suzanne Ling has made me aware that she is applying for a Conditional Use Permit subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals, and I am sending this email, to indicate that I have no objection to her being approved for a Conditional Use Permit, which would allow her to rent out her unit on a short-term basis. Sincerely, Kristina Heidel Planning Department Virginia Beach,VA 23452 To Whom It May Concern: I, Randall G. Tabor am the owner of an Oceans II Condo,4005 Atlantic Avenue, Units [ 110, 111, 210, 212, 218],Virginia Beach,VA, 23451,which is located near the units owned by Suzanne Ling(Unit#114). Suzanne Ling has made me aware that he is applying for a Conditional Use Permit subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals, and I am sending this email,to indicate that I have no objection to her being approved for a Conditional Use Permit,which would allow him to rent out her unit on a short-term basis. Sincerely, Randall G.Tabor 757-581-1282 Rtabor1282@gmail.com Planning Department Virginia Beach,VA 23452 To Whom It May Concern: We, Pamela Russell and Linda Urgo, are the owners of an Oceans II Condo,4005 Atlantic Avenue, Unit 107,Virginia Beach,VA, 23451, which is located near the unit owned by Suzanne Ling(Unit#114). Suzanne Ling has made me aware that she is applying for a Conditional Use Permit subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals,and I am sending this email,to indicate that I have no objection to her being approved for a Conditional Use Permit,which would allow her to rent out her unit on a short-term basis. Sincerely, Pamela Russell, 804-335-6930, phrussel@aol.com Linda Urgo, 804-301-6899, lauthehut@aol.com Jenizza Badua From: Charlene Leahy <cwleahy@gmail.com> Sent: Thursday, December 30,2021 10:27 AM To: Hank Morrison Subject: Short Term Rental-4005 Atlantic Avenue,Unit 114 Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Morrison, I have become increasingly concerned at the number of Short Term Rental Conditional Use Permit requests that I am receiving. I have property adjacent to Oceans II and the new Marriott Condos, and am opposed to the number of those units now requesting short term rental approval. Use of those properties for short term rentals subjects the owners of adjacent properties to multiple renters who may not follow applicable HOA or Virginia Beach rules. Our property value will be decreased if we are in an area that is surrounded by multiple short term rentals. Being next to a hotel is bad enough, but at least the hotel management has the right to govern misbehavior immediately. Finding and contacting the owners of units where renters are flouting noise, smoking, parking, or other rules puts an undue burden on individuals affected by the behavior. I want to go on record as opposing any and all Short Term Rental Conditional Use Permits for this area. Thank you for your attention to this matter. Charlene and David Leahy The Oceans, CS 13 4004 Atlantic Avenue Virginia Beach,VA 23452 Hank Morrison From: jimnora@aol.com Sent: Sunday,January 9, 2022 10:51 PM To: Hank Morrison Subject: short term rental hearing, Wednesday,January 12, 2022 Follow Up Flag: Follow up Flag Status: Flagged 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 J. Morrison Conditional Use Permit This is in reference to GPIN(s) 2428051448 4005 Atlantic Avenue, Unit 114 We would like to express our desire to not allow any more STR on our property. We also are a STR, we like to think of ourselves as hybrids we use our unit for a vacation house but also rent it out, we have been for the last 20 years, starting out with a concierge on the property, then to a rental agency, and finally by owner platform. We feel hospitality is a gift and talent to be used to serve others with what you have. We thoroughly enjoy hosting others. The reasons we are expressing our desire to not allow another STR at the above address is because we have 42 studio units and approximately 20 maybe more are rentals with approximately 15 maybe more being STR. Our property does not have an on site manager nor any security to speak of, and the building is wide open. Anyone can walk off the street and roam around the property, because we have many change overs of guests, sometimes only here for a couple of days. As owners to be honest we really don't know who is a guest or who just walked off the street and doesn't belong on the property. We also have a restaurant on the property and there are no gates or locks to keep patrons from wandering around the property. While we love our little place it can be very vulnerable. STR here are way over the top, we don't need any more. Almost every few weeks we get a letter from someone wanting to buy our unit, they're reasonably affordable, so investors come in and buy them up, in multiples, some buy them put them on a platform and we rarely see the owner or maybe never. The nature of our building is not the safest with it being wide open and some units on the back side, some upstairs on the back, some down a hallway. With the nature of the building we just don't need anymore guests or strangers walking around on the property. If there is such a thing to stop this type of thing getting out of control, maybe expressing our feelings as owners, will help. We do have a board of directors but some guests violate our rules and regulation and the board's expectations are that the owners, that are physically on the property, are to confront violators and enforce the rules. So adding another new STR here is only adding another guest or two to be responsible for. If the hearing for application is just a formality and the applicant has the right to rent, please make sure they, and any others applying; post the STR, ID sign close to their door of their unit so if there is an issue with conduct from a guest we know who to contact. Thank you, for your time and service. Sincerely, James & Nora Bonner L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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=e222e668204505c88d 157079c3715f1 b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 1, 2022. CITY OF VIRGINL4 BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/15/2022 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS HCEEME S S EOE I H R YBS S ERNN CITY COUNCIL'S BRIEFING A. GENERAL ASSEMBLY LEGISLATIVE Debra M.Bryan, UPDATE Legislative Affairs Liaison II. CITY MANAGER'S BRIEFING A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance III- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y YYY VI. A-E F. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y YYYY Y Y February 1,2022 G. MAYOR'S PRESENTATIONS 1. 60te ANNIVERSARY AWARDS Dr.Edward E.Brickell,Jr. (Heidi Brickell Ullrich accepted the proclamation in honor of Dr.Brickell,Jr.) Clancy Holland 2. AFRICAN AMERICAN HERITAGE MONTH Rev.Dr.Carla Lightfoot,Vice President United Order of Tents Southern District#1 Dr.Brenda D.Reid,Deputy United Order of Tents Virginia Beach District H. PUBLIC COMMENT 1. Ordinance to Amend the Calendar Year 2022 Tax 5 SPEAKERS Levy on Personal Property and Machinery and Tools to Provide a "Taxpayer Dividend" (Requested by Council Member Moss) I. PUBLIC HEARING 1. ACQUISITION,BY AGREEMENT OR 1 SPEAKER CONDEMNATION Temporary and Permanent Easements re Salem Road Sidewalk Improvements Project, CIP#100423.026(Formerly CIP#2-111.026) K.1. Resolution to ADD a Legislative Request to the ADOPTED 10-1 Y Y Y Y YNYYY Y Y 2022 Legislative Agenda re Amendment of the Marriage Provision of the Constitution of Virginia (Requested by Council Member Berlucchi) K.2. Ordinance to AMEND the scope of CIP Project ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y #100334"Replacement of Rudee Inlet Dredge"re CONSENT allow for Capital Maintenance of the Existing Dredge CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/15/2022 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N C O M O O L O C N Y L ONOUWS T HCE EME S S EOE I H R Y B S S E RNN K.3. Ordinance to APPROPRIATE$379,000 in Fund ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Balance from the Police Federal &State Seized CONSENT Assets Special Revenue Fund to the FY 2021-22 Police Department Operating Budget re purchase vehicles,equipment,and training K.4. Resolution to ESTABLISH Midwest Medical ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Transport Company, LLC and AUTHORIZE CONSENT annual EMS Permit re private ambulance service K.5. Ordinances to ACCEPT and APPROPRIATE Funding from the Virginia Resources Authority Virginia Community Flood Preparedness Fund: a. $3-Million to Capital Project #100551, ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y "Stormwater Green Infrastructure,"re design and CONSENT construction of nature-based drainage improvements in two locations near the Eastern Branch of the Elizabeth River b. $1,925,000 to Capital Project#100600,"Seatack ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Neighborhood Improvements"re complete design CONSENT and construction of drainage improvements in the Seatack Neighborhood along South Birdneck Road between Hughes Avenue and Sea Street K.6. Ordinances to ACCEPT and APPROPRIATE to the FY 2021-22 Police Department Operating Budget: a. $25,000 from the Department of Criminal Justice ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Services, via the Southern Virginia Internet CONSENT Crimes Against Children(ICAC)Task Force and the Bedford County Sheriff's Office re overtime, purchase of equipment,travel,and training to enhance efforts to address internet crimes against children b. $374,850 from the Department of Emergency ADOPTED,BY 11-0 Y Y Y Y YYYY Y Y Y Management via the U.S. Department of CONSENT Homeland Security Federal Emergency Management Agency re purchase equipment to the prevent and respond to potential acts of terrorism L.1. ASWINI KUMAR PRADHAN & APPROVED/ 11-0 Y Y Y Y Y YYYY Y Y PUSPALATA PRADHAN for a Modification of MODIFIED/ Proffers to a Conditional Change of Zoning re PROFFERED,BY change side yard setback at 1521 Taylor Farm CONSENT Road and 2617 Horse Pasture Road DISTRICT 5 (Formerly District 3-Rose Hall) L.2. DRAGAS ASSOCIATES, INC. /HAWKINS APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MILLS,LC/HAWKINS MILL at HAYGOOD MODIFIED/ CONDOMINIUM ASSOCIATION,INC.,for a PROFFERED,BY Conditional Change of Zoning from R-10 CONSENT Residential District to Conditional A-24 Apartment Districts and Modification of Proffers re increase the number of multi-family dwellings by sixteen (16) at 5000 & 5024 Haygood Road DISTRICT 4(Formerly District 4 -Bayside) _ _ CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/15/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R Y B S S ERNN L.3. ENVISION STUDIO, INC. / WOODWAY APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y KNOB HILL,LLC for a Conditional Use Permit CONDITIONED, re tattoo parlor at 6361 Indian River Road,Suite BY CONSENT 107 DISTRICT 1 (Formerly District 1 - Centerville) L.4. WATSON REAL ESTATE II, LLC for a APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y Conditional Use Permit re animal hospital & CONDITIONED, commercial kennel at 2497 North Landing Road BY CONSENT DISTRICT 2 (Formerly District 7 - Princess Anne) L.5. MEIRONG NEWLON / LANDSTOWN APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y COMMONS OWNER,LLC for a Conditional CONDITIONED, Use Permit re tattoo parlor at 3312 Princess Anne BY CONSENT Road DISTRICT 2(Formerly District 7-Princess Anne) L.6. WINNER'S PROPERTY, LLC / THE DENIED 8-3 Y Y N Y Y YYYNN Y RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales& service at 3736 Sentara Way DISTRICT 3 (Formerly District 3-Rose Hall) Deferred from December 7,2021 L.7. MITCHBTATTOOS,LLC DBA GREYSCALE APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y TATTOO GALLERY / MITCHELL CONDITIONED, ANTHONY BAER / SOUTHERN STAR BY CONSENT COMMONS,LLC for a Conditional Use Permit re tattoo parlor at 265 Jersey Avenue,Suite 106 DISTRICT 4(Formerly District 4-Bayside) L.8. METRO TOWING COMPANY, INC. / APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y INTRACOASTAL ASSETS, LLC for a CONDITIONED, Conditional Use Permit re bulk storage yard at BY CONSENT 1194 Bells Road DISTRICT 6(Formerly District 6-Beach) L.9. CECILIA PATTERSON / CHAMBORD APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y COMMONS,LLC for a Conditional Use Permit CONDITIONED, re tattoo parlor at 328 North Great Neck Road, BY CONSENT Suite 103 DISTRICT 6 (Formerly District 6- Beach) L.10. Resolution to ADOPT and AMEND the Virginia REFERRED TO 8-3 Y Y Y N YNNY Y Y Y Beach Comprehensive Plan 2016 re Stormwater PLANNING Impacts for Discretionary Land Use COMMISSION Applications(Deferred from February 1,2022) FOR REVIEW M. APPOINTMENTS RESCHEDULED B Y C ON SENS U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/15/2022 PAGE: 4 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N C 0 M 0 0 L O C N Y L 0 N 0 U W S T H C E E ME S S E O E I H R Y B S S E R N N OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD CLEAN COMMUNITY COMMISSION Reappointed: Scott Kellam 3 Year term 4/1/2022-3/31/2025 HEALTH SERVICES ADVISORY BOARD Reappointed: Laura Heiby Betty Rouse 3 Year term 4/1/2022-3/31/2025 HUMAN RIGHTS COMMISSION Reappointed: Frances Knight- Thompson Emiliano Orencia Mark Stevens 3 Year term 4/1/2022-3/31/2025 PLANNING COUNCIL Reappointed: Council Member Sabrina Wooten 1 Year term 4/1/2022-3/31/2023 TRANSITION AREA/INTERFACILITY Reappointed: TRAFFIC AREA CITIZENS ADVISORY Dawn Flora COMMITTEE 3 Year term 3/1/2022-2/28/2025 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 10:14 PM