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7-5-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA ,EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL CPIIA.$ MAYOR ROBERT M. "BOBBY"DYER,At Large 4` ,,,� 6 VICE MAYOR ROSEMARY WILSON,At Large 8' t MICHAEL F.BERLUCCHI,Rose Hall—District 3 LINWOOD O.BRANCH,Lynnhaven—District 5 U f ll' BARBARA M.HENLEY,Princess Anne—District 7 •} N.D. "ROCKY"HOLCOMB,Kempsville—District 2 `, .? << ; VACANT,Bayside—District 4 �. -`=- .t" JOHND.MOSS,At Large °' °UR Noois AARON R.ROUSE,At Large GUYK TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES BUILDING 3(FORMERLY BUILDING 1) CITY MANAGER-PATRICK A.DUHANEY 2403 COURTHOUSE DRIVE CITY ATTORNEY-MARKD.STILES CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 CITY ASSESSOR—SUE CUNNINGHAM PHONE:(757)385-4303 CITY AUDITOR-LYNDONS.REMIAS July 5 2022 FAX(757)385-5669 CITY CLERK-AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 3:00 PM A. VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBCPS) SCHOOL REPLACEMENT UPDATE Melisa A. Ingram, Executive Director, Office of Facilities—VBCPS II. CITY MANAGER'S BRIEFINGS A. TREE REPLACEMENT Frank L. Fentress, Landscape Management Administrator—Parks and Recreation 3:30 PM B. SUSTAINABILITY PLAN Neva L. White, Chief Strategy Officer—Office of Performance& Accountability 3:45 PM III. CITY COUNCIL LIAISON REPORTS 4:15 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER 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 Pastor Tom Holland Retired Minister with the Billy Graham Evangelistic Association C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 21, 2022 G. MAYOR'S PRESENTATION 1. PARKS AND RECREATION MONTH Michael Kirschman, Director H. PUBLIC HEARINGS 1. PROPOSED IMPOSITION OF DISPOSABLE PLASTIC BAG TAX (Requested by Council Member Tower) 2. DEDICATION OF EASEMENT TO DOMINION ENERGY VIRGINIA at 2521 Shorehaven Drive 3. LEASE OF CITY PROPERTY—FARMERS MARKET Outside Circle Suite 814 to Chapman's Flowers, Inc., d/b/a Coastal Garden I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax (Requested by Council Member Tower) 2. Ordinance to AUTHORIZE the Dedication of a 300 square feet (0.007 acre) Utility Easement to Dominion Energy Virginia at 2521 Shorehaven Drive re service a City-owned Pump Station 3. Ordinances to AUTHORIZE the City Manager to EXECUTE a lease for City-owned property: a. known as Outside Circle, Suite 814, at the Farmers Market with Chapman's Flowers,Inc., d/b/a Coastal Garden for up to five(5) years b. 4th Street and Atlantic Avenue with Ocean Water LLC for one(1)year,with four(4) one- year renewal options re overflow parking(Deferred from June 21, 2022) 4. Resolution to APPOINT Nell Ford as Associate City Attorney, effective July 28, 2022 5. Resolution to RENEW a permit to ALLOW Delta Medical Transport, Inc. to operate in the City K. PLANNING 1. HENDRICKS FAMILY DENTISTRY, PC /CLAYBORN PROPERTIES, LLC for a Change in Nonconformity re expansion of dental office at 737 Little Neck Road DISTRICT 8 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL 2. ALEXIS MORALES-CRUZ / EDWIN & ALEXIS CRUZ for a Conditional Use Permit re family day-care home at 3049 Barberry Lane DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. THE HERTZ CORPORATION/REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re motor vehicle rentals at 1940 Laskin Road, Suite 308 DISTRICT 6 (Formerly District 6 —Beach) RECOMMENDATION: APPROVAL 4. EYES ON YOU ARTISTRY BY BREONA AU'NICE, LLC / DIAMOND SPRINGS SHOPPES ASSOCIATES, LLP for a Conditional Use Permit re tattoo parlor at 1270 Diamond Springs Road, Suite 113 DISTRICT 9 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 5. CHERYL SCOTT/PEMBROKE NORTH ASSOCIATES,LLC for a Conditional Use Permit re tattoo parlor at 544 Independence Boulevard DISTRICT 9 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE 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=e499c6f2 15983963e35a4999ccecl cb2b 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 5, 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 3:00 PM A. VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBCPS) SCHOOL REPLACEMENT UPDATE Melisa A. Ingram, Executive Director, Office of Facilities—VBCPS II. CITY MANAGER'S BRIEFINGS A. TREE REPLACEMENT Frank L. Fentress, Landscape Management Administrator—Parks and Recreation 3:30 PM B. SUSTAINABILITY PLAN Neva L. White, Chief Strategy Officer—Office of Performance & Accountability 3:45 PM III. CITY COUNCIL LIAISON REPORTS 4:15 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER 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 Pastor Tom Holland Retired Minister with the Billy Graham Evangelistic Association C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 21, 2022 G. MAYOR'S PRESENTATION 1. PARKS AND RECREATION MONTH Michael Kirschman, Director foitlt../,.., iA B�qc. 1,4 G 1R 1 . th; !y 4 t � �'A ,56 `lam R NAt��ta vp BU 44 to ctamation Whereas: Since 1956,'Virginia Beach Parks andXecreation has provided place for afgenerations to play, explore,connect,and reconnect through leisure experiences,nature,and the outdoors and Whereas Parks and&creation provides programs and events in our community recreation centers and park that are inclusive andaccessi6le to all ages anda6ifties and 'harem Parks and Aecreation promotes a healthy(Ifestyle for our citizens through expanding Outdoor Fitness programs,initiatives,and equipment in the parks and 'Whereas Parks and creation maintains over three hundred(300)parkandfacilIty amenities,seven(7) community recreation centers,and over 7,100 acres of parkland and open space,as well as city 6uilding and school grounds,the resort area,sports fields,and roadways;and Whereas: Sixty-eight percent(68%)of the community resides within a 10-minute wal ,to a parr;and Whereas: Parks and Recreation plays an integral part in advancing its Outdoors Plan as well as City Council's visions of the Sustainabifity Plan,Active Transportation Plan,and Vr6an(Forest Management Plan;and Whereas: Parks and Wecreation s environmental initiatives contri6ute to sustaina6ifity through improved water and air quality,Fitter reduction,and prvtection of our wild&fe habitat;and Whereas: Parks and Wecreation has been a CAM Accredited agency for twenty-three(23)years andfor the second consecutive year is a 2022 National Gold Meda(Awardfinalst. 9(ow,'Therefore I,4,6ert M. "Bo66y'Dyer,Mayor of the City of'Virginia Beach,'Virginia,do hereby proclaim: 7ULY2022 FAKES z Ec4c11w(9fwfTh" In'Vaginia Beach,I pledge to prioritize safe andequitabCe access to high-quality parks and green spaces,while encouraging all citizens,civic organizations,and city members to join me in supporting Parks and Wecreation 6y visiting a community recreation center,par*,or natural area. In Wntness Whereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, 'Virginia,to be affzxed this Pith day of July,Two'Thousand and Twenty-Two. <v Aa6ert M. "Bo6by'(Dyer 'IN" Mayor H. PUBLIC HEARINGS 1. PROPOSED IMPOSITION OF DISPOSABLE PLASTIC BAG TAX (Requested by Council Member Tower) 2. DEDICATION OF EASEMENT TO DOMINION ENERGY VIRGINIA at 2521 Shorehaven Drive 3. LEASE OF CITY PROPERTY—FARMERS MARKET Outside Circle Suite 814 to Chapman's Flowers, Inc., d/b/a Coastal Garden R't U•� S 4a e•1 PUBLIC NOTICE NOTICE OF PROPOSED IMPOSITION OF DISPOSABLE PLASTIC BAG TAX The City Council of Virginia Beach,Virginia,at its Formal Session on Tuesday,July 5,2022,at 6:00 p.m.in the City Council Chamber of City Hall, will hold a public hearing upon the proposed imposition of a disposable plastic bag tax. As authorized by Virginia Code§58.1- 1745,such tax is in the amount of five cents($0.05)for each disposable plastic bag provided to a consumer of tangible personal property by retailers in grocery stores, convenience stores,or drugstores. The revenues from such tax are statutorily limited to "environmental cleanup, providing education programs designed to reduce environmental waste, mitigating pollution and litter, or providing reusable bags to recipients of Supplemental Nutrition Assistance Program(SNAP)or Women,Infants,and Children Program(WIC)benefits." The tax does not apply to bags used solely to avoid contamination or damage of ice cream, meat, and perishable food items.If adopted,the effective date of such tax is January 1,2023. A draft of the proposed ordinance is on file with the City Clerk. This hearing is open to the public,and all interested citizens will have an opportunity to be heard.Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303.If you are physically disabled or visually impaired and need assistance at this meeting. please call 385-4303: hearing impaired,call TDD-711. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at httos://vbgov.webex.com/vbeov/onstage/goh o ?MTID=e499c6f215983963e35a4999ccec1cb a 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on July 5,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,June 19,2022 (Uh�e + LS + •- • pP rt PUBLIC HEARING DEDICATION OF EASEMENT The Virginia Beach City Council will hold a PUBLIC HEARING at its formal session on Tuesday,July 5,2022,at 6:00 p.m.in the Council Chamber of the former City Hall, Building 3 (formerly Building 1), 2403 Courthouse Dr., Virginia Beach, Virginia 23456,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input on the dedication of the following easement to Virginia Electric and Power Company(d/b/a Dominion Energy Virginia): a 300 sq. ft. utility easement across City-owned property located at 2521 Shorehaven Drive(GPIN: 1499-60-8184) to install and maintain underground electric facilities to improve electric service to an adjacent City-owned pump station. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing impaired,call 1-800- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N. Landing Road,Building 23,Municipal Center at(757)385-4161. 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: u� .. vbgov.webex.com/vbg ov/onstage/g.oho?MTI D=e49 9c6f215983963e35a4999cc ec1c 2h 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on July 5,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JUNE 26,2022 „v.,4,....,„„„,,._,..,., ko,; ,...,,,,,,,, ,u, ..;_ ,-F: 4tK Id``v �h*t t4i5,j°,p O L° wn,.."0,j, PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council wit hold a PUBUC HEARING on July 5,2022 at 6:00 p.m. in the Council Chamber, Building 3 (formerly Building 1)at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed leasing of the following City-owned property, located at the Virginia Beach Farmers Market,and as defined below: • Outside Circle Suite 814, approximately 3,156+/-square feet of space to Chapman's Flowers,Inc.,d/b/a Coastal Gardens If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. 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://vbEov,webex.com/vbaov/o nsta>ye/g.oho?MTID=e499c6f2159 83963e35a4999ccec1cb2b 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 5,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon: Sunday,June 26,2022 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax (Requested by Council Member Tower) 2. Ordinance to AUTHORIZE the Dedication of a 300 square feet (0.007 acre) Utility Easement to Dominion Energy Virginia at 2521 Shorehaven Drive re service a City-owned Pump Station 3. Ordinances to AUTHORIZE the City Manager to EXECUTE a lease for City-owned property: a. known as Outside Circle, Suite 814, at the Farmers Market with Chapman's Flowers,Inc., d/b/a Coastal Garden for up to five(5) years b. 4th Street and Atlantic Avenue with Ocean Water LLC for one(1)year, with four(4) one- year renewal options re overflow parking(Deferred from June 21, 2022) 4. Resolution to APPOINT Nell Ford as Associate City Attorney, effective July 28, 2022 5. Resolution to RENEW a permit to ALLOW Delta Medical Transport, Inc. to operate in the City r,v` 1 ,e-,,,,, ,5( ,,, to j is o �.. •V.., .�`V V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Article XVI to Chapter 35 of the City Code to Establish a Disposable Plastic Bag Tax MEETING DATE: July 5, 2022 • Background: The General Assembly has adopted enabling legislation to allow localities to impose a tax upon disposable plastic bags provided to customers in grocery stores, convenience stores, and drugstores. The tax is in the amount of five cents for each disposable plastic bag. This tax is administered by the Virginia Department of Taxation, and the applicable grocery store, convenience store, and drugstore will retain one cent of the amount collected as a "retailer discount." The tax does not apply to bags used solely to avoid contamination or damage of ice cream, meat and perishable food items. • Considerations: While this tax will generate revenue, it is generally intended to discourage the use of disposable plastic bags, which often end up in waterways, parks, and streets. The use of generated revenue is statutorily limited to "environmental cleanup, providing education programs designed to reduce environmental waste, mitigating pollution and litter, or providing reusable bags to recipients of Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children Program (WIC) benefits." (Va. Code § 58.1-1745(B)) The proposal for a disposable plastic bag tax was brought forward from a group of supporters including Lynnhaven River Now, the Chesapeake Bay Foundation, TFC Recycling, Surfrider Foundation, Virginia League of Conservation Voters, and the Virginia Beach Green Ribbon Committee, Clean Community Commission, Parks and Recreation Foundation, and Aquarium Foundation. If approved, the tax would be effective January 1, 2023. • Public Information: This tax concept was briefed to the City Council on June 7, 2022. A public comment was held on June 21 , 2022. Because this would be a new tax, a statutorily required public hearing will be held on July 5, 2022. • Attachments: Ordinance Requested by Councilmember Tower REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO ADD ARTICLE XVI TO CHAPTER 35 2 OF THE CITY CODE TO ESTABLISH A DISPOSABLE 3 PLASTIC BAG TAX 4 5 SECTIONS ADDED: 35-300; 35-301; 35-302; and 35-303 6 7 WHEREAS, a public hearing upon the imposition of a plastic bag tax was held at 8 the July 5, 2022 City Council meeting; 9 10 WHEREAS, the City Council hereby finds it appropriate to impose a plastic bag 11 tax and utilize the proceeds therefrom in accordance with Virginia Code § 58.1-1745; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. Article XVI of Chapter 35 is hereby added to the City Code to read as follows: 17 18 Chapter 35 — Taxation 19 20 ... 21 22 ARTICLE XVI. — DISPOSABLE PLASTIC BAG TAX 23 24 Sec. 35-300. — Levy; tax rate. 25 26 Pursuant to Va. Code § 58.1-1745, as amended, the City imposes a tax in the amount of 27 five cents ($0.05) for each disposable plastic bag provided to a consumer of tangible 28 personal property by retailers in grocery stores, convenience stores, or drugstores. This 29 tax shall be collected whether or not such disposable plastic bag is provided free of charge 30 to the consumer. 31 32 Sec. 35-301. — Administration; collection; enforcement; appropriation. 33 34 (a) The tax on disposable plastic bags imposed pursuant to this Article shall be 35 collected by the retailer, along with the purchase price and all other fees and taxes, 36 at the time the consumer pays for such tangible personal property. The state Tax 37 Commissioner shall then collect, administer, and enforce this tax from the retailer 38 in accordance with Virginia law and distribute the tax revenue to the City in 39 accordance with Virginia law and the applicable guidelines adopted by the state 40 Tax Commissioner in accordance with Va. Code§ 58.1-1748, as amended. 41 42 (b) All revenues accruing to the City from the tax imposed by this Article shall be 43 subject to the appropriation limitation set forth in Virginia Code § 58.1-1745, as 44 amended. 45 46 Sec. 35-302. — Retailer discount. 47 48 (a) Beginning January 1, 2023, every retailer that collects the tax imposed under this 49 Article shall be allowed to retain one cent ($0.01) from the tax collected on each 50 disposable plastic bag. 51 52 (b) Any retailer that retains a discount pursuant to this Section shall account for it in 53 the form of a deduction when submitting its tax return and payment to the Virginia 54 Department of Taxation. 55 56 Sec. 35-303. — Exemptions. 57 58 The tax imposed under this Article shall not apply to the following: 59 60 (a) Durable plastic bags with handles that are specifically designed and manufactured 61 for multiple reuse and that are at least four mils thick; 62 (b) Plastic bags that are solely used to wrap, contain, or package ice cream, meat, 63 fish, poultry, produce, unwrapped bulk food items, or perishable food items in order 64 to avoid damage or contamination; 65 (c) Plastic bags used to carry dry cleaning or prescription drugs; and 66 (d) Multiple plastic bags sold in packages and intended for use as garbage, pet waste, 67 or leaf removal bags. 68 69 2. The effective date of this ordinance is January 1, 2023. 70 71 3. The City Manager is hereby directed to assemble a plan for the proposed use of 72 the revenue resulting from this ordinance. As provided in Virginia Code § 58.1-1745, the 73 appropriation of such funds are limited to "environmental cleanup, providing education 74 programs designed to reduce environmental waste, mitigating pollution and litter, or 75 providing reusable bags to recipients of Supplemental Nutrition Assistance Program 76 (SNAP) or Women, Infants, and Children Program (WIC) benefits." 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 of the members of City Council. APP VED AS TO LEGAL SUFFICIENCY: City Att Office CA5782 R-1 June 23, 2022 ^•111 roS4Fh�i f S1 4'&.y }, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Dedication of a 300 sq. ft. (0.007 acre) Utility Easement on City Property Located at 2521 Shorehaven Drive to Dominion Energy Virginia to Serve a City Pump Station MEETING DATE: July 5, 2022 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at 2521 Shorehaven Drive (GPIN: 1499-60-8184), known as Great Neck Park (the "Property"). The Property is adjacent to a City-owned pump station parcel located at 2653 Shorehaven Drive (GPIN: 1498-69-7559) (the "Pump Station"). Virginia Electric and Power Company (d/b/a Dominion Energy Virginia) ("Dominion") has requested that the City dedicate a 300+/- sq. ft. easement (the "Easement") across the Property to install and maintain underground electric facilities that will service the Pump Station. • Considerations: Currently, Dominion provides electrical service to the Pump Station through overhead facilities. Dominion is requesting this Easement as part of its undergrounding program to reduce power outages in storms. The Pump Station's electrical service will benefit from this protection. City staff has reviewed the proposed Easement and has no objections. • Public Information: A public hearing will be held on July 5, 2022, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate ///City Manager: ---___ ;A-kNemX i>.Qr►rvIN.q1 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 300 SQ. FT. (0.007 ACRE) UTILITY EASEMENT 3 ON CITY PROPERTY LOCATED AT 2521 4 SHOREHAVEN DRIVE TO DOMINION ENERGY 5 VIRGINIA TO SERVE A CITY PUMP STATION 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 located at 2521 Shorehaven Drive (GPIN: 1499-60-8184), known as Great Neck 9 Park (the "Property"); 10 11 WHEREAS, the City also owns an adjacent parcel of land located at 2653 12 Shorehaven Drive (GPIN: 1498-69-7559)that is improved with a City-owned pump 13 station (the "Pump Station"); 14 15 WHEREAS, Virginia Electric and Power Company (d/b/a Dominion Energy 16 Virginia) ("Dominion") has requested that the City dedicate a 300+/- sq. ft. 17 easement over a portion of the Property that is adjacent to the Pump Station, as 18 shown on Exhibit A attached hereto (the "Easement"); and 19 20 WHEREAS, the Easement would allow Dominion to underground its electric 21 facilities that service the Pump Station, as part of Dominion's undergrounding 22 program to reduce power outages. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager, or designee, is hereby authorized to execute any 28 documents necessary to dedicate the Easement to Virginia Electric and Power 29 Company (d/b/a Dominion Energy Virginia), as shown on Exhibit A, attached 30 hereto and made a part hereof, and pursuant to such other terms, conditions and 31 modifications as may be acceptable to the City Manager and in a form deemed 32 satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 35 day of , 2022. 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". • `,A. .� Oa N •• ,4..4 641, _"4-1'*(4- (f) i' OS -:''..'=''-'':=Alt *Olt?Ali 3.-17-j r-‘ "i .- ,0 low ' UJ CO lila i 10 Ak4# - BP.,eilloi •ems i mg • - • ._. ..it- , -. 4),,,,,01.31wniad is #*10111111 /c). ..... ...,\ Lit 40 LLI Airt's."141 ,,••• a- Pk, ---, i'N.O • - -i''..- ,#4.1- „It; , • ..-4". du . _ , 4 Iv* _ . ,,J, . ii, -44- - . ,. _ i- - _ . '''''iCkit;.t.,k"lk.: 1 - 2 - ( . 11%, , , y i.. .- : i ...1 le"- -47 f. \45..-. ' ice+.$ _ ; _ f cy, -,7 ite.::::-....... . . u., i _ -0 W1 In k*4, , 1* " •ir ♦•••♦•♦/. c CD H n CI '`g CD 1 �. W ��/ ca w ; r V °_,,_,wrip,"4/0 _ , K Q1 III a a) co o a 441166 -0 c4,". 0 :L.' ; Cr) 0 N I la, Vlfaatk _ XII Disclosure Statement • City of Virginia Bead, Planning & Community Development -a 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 Virginia Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? I Yes ❑ No • If yes, list the name of the representative. Sharlene Cohoon,SUG Marketing and Communications Coordinator 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) See attached • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA '"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. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement - City of Viz nnia Beath • 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 Ii 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. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Disclosure Statement IS3 City of Virginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ii No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 5 1 'vt/4.44, a �`I6BrL Applicant Signature Sharlene Cohoon,SUG Marketing and Communication Coordinator Print Name and Title 9 June 2021 Date Is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications lG No changes as of Date Signature Print Name 1 3hAC _ Lo r'G rc aID Revised 11.09.2020 3 I P a ' e Disclosure Statement /13 City ojvuynn is Bench Planning&Community Development Continue to Next Page for Owner Disclosure 4 I P a g e Revised 11.09.2020 Disclosure Statement City of Virginia Balch Planning & Community Development — Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Electric and Power Company dba Dominion Energy -Virginia 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) • 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? ❑ Yes MI No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement1/3 - City of Virginia Beach Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 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 ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I F Disclosure Statement _ 'NB . City of Virginia Beach 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 Print Name and Title Date Revised 11.09.2020 7 I P a g e Vir:inia Zlectric ier C- ,-any Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Executive Vice President, Chief of Staff and Corporate Reid, Carter M. Secretary Senior Vice President - Regulatory Affairs and Customer Arnett, Corynne S. Experience Senior Vice President - Nuclear Operations & Fleet Bischof, Gerald T. Performance Senior Vice President, General Counsel and Chief Brown, Carlos M. Compliance Officer Senior Vice President, Controller and Chief Accounting Cardiff, Michele L. Officer Curtis, Katheryn B. Senior Vice President - Generation Frederick, Michael D. Senior Vice President - Administrative Services Mitchell, Mark D. Senior Vice President - Project Construction Senior Vice President - Corporate Affairs & Murray, William L. Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President - Power Delivery Avram, Emil G. Vice President - Business Development Bassey, Utibe O. Vice President - Customer Experience Bennett, Joshua J. Vice President - Offshore Wind Name Title Curtis, J. Kevin Vice President - Transmission Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President - Distribution Operations Purohit, Prabir Vice President - Finance Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President - System Operations Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction Tornabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President - Shared Services Windle, Keith Vice President - Financial Management Woomer, Joseph A. Vice President - Grid & Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President - Surry Power Station Mladen, Fred Site Vice President - North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza" J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary s 4� aF! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Chapman's Flowers, Inc., d/b/a Coastal Gardens, for City-Owned Property Known as Outside Circle Suite 814, in the Virginia Beach Farmers Market MEETING DATE: July 5, 2022 • Background: Chapman's Flowers, Inc., a Virginia corporation, d/b/a Coastal Gardens ("Coastal Gardens"), would like to enter into a new lease with the City of Virginia Beach for Outside Circle Suite 814 in the Virginia Beach Farmers Market (the "Lease"). The premises consists of 3,156 +/- square feet and will be utilized for the sale of locally grown vegetable and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical gifts and seashells; beekeeping equipment; seasonal items; decorative flags, garden statues and related items; and for no other purpose. • Considerations: The initial term of the Lease is one (1) year with four (4) renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the ordinance. • Public Information: A public hearing was advertised on June 26, 2022 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the spaces. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH CHAPMAN'S FLOWERS, INC., D/B/A/ 4 COASTAL GARDENS, FOR CITY-OWNED 5 PROPERTY KNOWN AS OUTSIDE CIRCLE SUITE 6 814, IN THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, Chapman's Flowers, Inc., a Virginia corporation, d/b/a Coastal 13 Gardens ("Coastal Gardens"), would like to enter into a new lease with the City for 14 Outside Circle Suite 814 in the Farmers Market, consisting of 3,156 +/- square feet (the 15 "Premises"); 16 17 WHEREAS, the Premises will be utilized for the sale of locally grown vegetable 18 and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical 19 gifts and seashells; beekeeping equipment; seasonal items; decorative flags, garden 20 statues and related items; and for no other purpose; and 21 22 WHEREAS, Coastal Gardens has agreed to pay the City an initial rental rate of 23 $1,200.00 per month ($14,400.00 per year) for the first year subject to a five percent 24 (5%) annual rent escalation for each renewal year for the use of the Premises. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Coastal Gardens and the City for the Premises, in accordance with the 31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 60//:}474) j7—c-/Li City Attorney Public Works/Facilities Management CA15220 \\vbgov com\dfsl\applications\citylaw\cycom32\wpdocs\d031\p022\00748874 doc R-1 June 23, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR OUTSIDE CIRCLE SUITE 814 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chapman's Flowers, Inc., a Virginia corporation, d/b/a Coastal Gardens PREMISES: Suite 814 consisting of 3,156 +/- square feet TERM: Initial Term —August 1, 2022 — July 31, 2023 (1 year) Renewal Term 1—August 1, 2023— July 31, 2024 (1 year) Renewal Term 2—August 1, 2024— July 31, 2025 (1 year) Renewal Term 3—August 1, 2025— July 31, 2026 (1 year) Renewal Term 4—August 1, 2026 —July 31, 2027 (1 year) RENT: Initial rent of$1,200.00 each month totaling $14,400.00 for the first year, subject to five percent (5%) annual rent escalation for each renewal year. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of locally grown vegetable and flower plants; local produce and honey; jams, jellies, sauces and ciders; nautical gifts and seashells; beekeeping equipment; seasonal items; decorative flags, garden statues and related items; and for no other purpose. • Maintain Premises, including all electrical repairs, heating and air conditioning units and/or heat pump units, if any. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. Location Map / % Bldg.8 .„ _ R V / /// /, gir• -Sui.e-Tto Coolers _ tp-4. 311 — /�� , _ �� 23 2d 25 p : 36 : 37 / .,-- rt- // // 20 19111117116 15 14.13 12 11 H 9 t ,T t 3 4 / - III I { { / O i 7 6 5 4 3 2 1'� s� d � \ Bkig.4 � � '222h, Z pp l " `�cs,wws Z ! 19 11 12 13 14 15 16 1T U ��'� y 4- �ti,,� Bia9 \Rest4ur4 N Z /Frac_ ,, 1 e ‘ ; ,/ ,. . 1 1 ..1 ,:,f, o C _ ibI kI111-1iI1- I � I T n a3 ---...... 1:\I ....._\_..N :_if \ a D 7._ 0 0 \\` f I , 1 i \ 4,4/' _____i o, ! I 1 • / • / / 1 j s .0 / '8 \ . \ / L ,., j DAM NECK ROAD 3640 Dam Neck Road, Outer Circle Suite 814 Virginia Beach, VA 3,156 sq. ft. Retail Space . __ - . , ... _ • IDisciosure tement _ 1B . ... iro .. City of Virginia Bench Planning &Community w _ 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 C ' P lAA i' )'LCT)ri e15---S -4-Y`i C -* C 0`12-0 Cam; 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 necessary) ( CJrJey- - A C W'to Ay ) • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 11 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e 'NBDisclosure Statement City of Virginia Bead! Planning & Community iMir = , . __ Development 111111\11c-- ,.., . Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes in No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes K No • If yes,identify the financial institutions providing the service. 2. Does the appli ant 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 • If yes,identify the firm and individual providing the service. )2cNo 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 • 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 o • If yes,identify the purchaser and purchaser's service providers. NJ Revised 11.09.2020 2 I P a g a Disclosure Statement City of Vuyinia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the company and indivi ual providing the service. 7. Does the applicant have an engineer/surveyor/agent in con ection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in onnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and indivi ual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt •f notification that the application has been scheduled for public hearing, I am responsible for updating the information •rtvided herein, wo weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any publ c •o• r corn i e 'onnection with this application. Appli•-nt Signature k CM4IJ �--� ( - Print Name nd Titl Date Is the applicant also the owner of the subject property? 0 Yes • 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 Print Name Revised 11.09.2020 3 I P a g e ri �77 rt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease of City-Owned Property Located at 4th Street and Atlantic Avenue with Ocean Water LLC for One (1) Year, with Four(4) One-Year Renewal Options PUBLIC HEARING DATE: June 21, 2022 MEETING DATE: July 5, 2022 • Background: The City of Virginia Beach (the "City") owns two parcels of land consisting of approximately 17,507 sq. ft. (0.40 acre), located at the intersection of 4th Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-22-9617 and 2427-22-8656) (collectively, the "Premises"). Ocean Water LLC, a Virginia limited liability company ("Ocean Water") has leased the Premises since 2012 to provide overflow parking for the guests, customers and employees of Waterman's Surfside Grille and Ocean Key Resort. Ocean Water is requesting to continue leasing the Premises. • Considerations: The lease would be for a term of one (1) year, with four (4) one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the lease for any reason with ninety (90) days' notice. Ocean Water would pay the City $1,957.16 per month ($23,485.92 annually) for the first year, with a 3% escalation each year thereafter. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing. Public information will also be provided through the normal City Council agenda process. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statements Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: cis W 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF CITY- 3 OWNED PROPERTY LOCATED AT 4T" STREET 4 AND ATLANTIC AVENUE WITH OCEAN WATER 5 LLC FOR ONE (1) YEAR, WITH FOUR (4) ONE- 6 YEAR RENEWAL OPTIONS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two 9 parcels of land consisting of approximately 17,507 sq. ft. (0.40 acre), located at 10 the intersection of 4th Street and Atlantic Avenue (GPIN: 2427-22-9617 and 11 2427-22-8656) (collectively, the "Premises"); 12 13 WHEREAS, Ocean Water LLC, a Virginia limited liability company, 14 ("Ocean Water") desires to lease the Premises from the City for a term of one (1) 15 year, with four (4) one-year renewal options; 16 17 WHEREAS, Ocean Water has agreed to pay the City $1,957.16 per month 18 ($23,485.92 annually) for the use of the Premises for the initial term, with a three 19 percent (3%) escalation each year thereafter; and 20 21 WHEREAS, the Premises would be utilized as overflow parking for 22 patrons, guests and employees of Waterman's Surfside Grille and Ocean Key 23 Resort and for no other purpose. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for the term 29 of one (1) year, with four (4) one-year renewal options, between Ocean Water 30 LLC and the City for the Premises in accordance with the Summary of Terms 31 attached hereto as Exhibit A, and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a 33 form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: • Public Work / • Facilities Management CA15598 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p042\00800597.doc R-1 June 8, 2022 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 4TH STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water, LLC PREMISES: Approximately 17,507 sq. ft. (0.40 acre) of City-owned property located at the intersection of 4th Street and Atlantic Avenue (GPINs: 2427-22-9617 and 2427-22-8656) TERM: August 1, 2022 through July 31, 2023, with four(4) one-year renewal options (the "Term") RENT: $1,957.16 per month ($23,485.92 annually) for the first year and escalated by three percent (3%) each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for overflow parking for guests, customers and employees of Waterman's Surfside Grille and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) per occurrence, issued by an insurance company licensed to conduct business in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason, upon ninety (90) days' written notice. 110, , r- ______ • . .. ____ _ __ gaoki--IIIIIIk „ , ---„,...,‘, . i / , :... __ _ AI LAN-t L moo= �—� • - _-------"----- - -'------7 ._ __.._ ' 'i \ ,--- . 1 \ lb Tv rni ?4t 1.- -*;1 U N • ' fa NI".\ \ ! a_ N 4 1 __ X Niy1_ j I- Ni ley �1 • 1..11 -,•,. \ t ti \ 'fl- tii\ • a II • • J • O OCal- ' W ' Z 2— o p Q , t6 op 3 CO OCCId . • o • 11 mt CI) s O N p o co + lfi i\ \ a N � � I CA o pi, CNA • O x -�----��- L _ CL _ -- ter - rr r PA _-- • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Ocean Water,LLC Does the applicant have a representative? t Yes ❑ No • If yes,list the name of the representative. Joe Cantrell, President of Ocean Key Owners Association(managing member) 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) Ocean Key Owners Association-Managing Member t 1416 LLC-Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Ocean Key Owners Association;Vacation Sales Associates,L.L.C.;VSAAM,LLC;VSA Management Corp;Atrium Corp;Vacation Sales,Inc.;Vacanza,LLC;Atrium Owners Association;Ocean Sands Owners Association;Vacatia,Inc.;OSKAR,LLC1 Yccc(44 c1 44?/dr,s itc "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage • 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? El Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Lori Overholt,Resort Advisory Commissioner,high level employee of VSA Management Corp 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 ii 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 at 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? I Yes 0 No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman,LLC-Michael Hanger,Partner 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the firm and individual providing the service. 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. 1 �e (71Cfflt Signature i2 4cx f t Presie/ei# t Name and Title 22 Date Is the applicant also the owner of the subject property? 0 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 ElNo changes as of Date Signature Print Name Revised 11,09.2020 3 I P a g e • Continue to Next Page for Owner Disclosure 4 ' P a g e Revised 11.09.2020 Owner Disclosure - -- Owner Name Ocean Key Owners Association(OKA) & a n f yt'/ L L r Applicant Name Ocean Water, LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? © Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) OKA-Joe Cantrell-President,Scott Weber-. 'e cC 7Steve Lim-!r< Gor{( • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Vacation Sales Associates,L.L.C.;VSAAM, LLC;VSA Management Corp;Atrium Corp;Vacation Sales,Inc.;Vacanza,LLC;Atrium Owners Association;Ocean Sands Owners Association;Vacatia, Inc.;OSKAR,LLC U(xtttil c— kt�tC,(lltip S Z LC 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 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Lori Overholt, Resort Advisory Commissioner,high level employee of VSA Management Corp 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. a"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 5 I P a g e • 1 I[:.- /{.7 Owner Services Disclosure 1, Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,Identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes I No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman,LLC-Michael Hanger-Partner 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 IN 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? 0 Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e • 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 it 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. OF A 0 , ati,' Ow • SI_'ature /a t Print Name and Title ; — ( - z7 Date Revised 11.09.2020 7 I P a g e Disclosure Statement City of Virginia Bcrh Plan_ Planning & Community _ Dev elopment 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 VC),r PAA BIZN.A0k ALA Does the applicant have a representative? ❑ Yes jaitNo • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Disclosure Statement City of Virginia Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 'Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 1/4- rD'V'S <S i•i\kr•PrA44.4c 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 Jj 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 -1 N o • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes gt No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes -No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement City of Vrgiruu Beach Planning & Community Development - F 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 ANo • 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 ,--1 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 121 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes ENO • 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 Print Name Revised 11.09.2020 3 I P a g e 161 - -,.„ 1 ,,k,-- •,,,,., ,..,.........„:„ .„,.... CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Appointing Nell Ford to the Position of Associate City Attorney MEETING DATE: July 5, 2022 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: This Resolution appoints Nell Ford as an Associate City Attorney, effective July 28, 2022. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney"0 City Manager: 1 A RESOLUTION APPOINTING NELL FORD TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Nell Ford is hereby appointed to the 8 position of Associate City Attorney, effective July 28, 2022. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2022. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA15856 R-1 June 14, 2022 rort...-FA,, --\ ,,Q.,,,------„4 N--- - )fi fri ..,,,x.,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Renew a Permit Allowing Delta Medical Transport, Inc. to Operate in the City of Virginia Beach MEETING DATE: July 5, 2022 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: A renewal application has been received and evaluated by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support by Delta Medical Transport, Inc., and EMS recommends renewal of the permit. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Service.' City Manager: 6)___ -/---I -t4,-lilATAx 4.D.Ah."\ 1 A RESOLUTION TO RENEW A PERMIT ALLOWING DELTA 2 MEDICAL TRANSPORT, INC.TO OPERATE IN THE CITY OF 3 VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS,an application for permit renewal has been received from Delta Medical 11 Transport, Inc.; and 12 13 WHEREAS, the above-listed private ambulance agency performs services not 14 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 15 transports, which include both basic and advance life support calls. 16 17 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 18 VIRGINIA BEACH; 19 20 1. That the City Council hereby grants a renewed permit to Delta Medical 21 Transport, Inc.; and 22 23 2. That this permit shall be effective from July 1, 2022 to June 30, 2024; and 24 25 This ordinance goes into effect July 1, 2022. 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: E rgency Me al S ices City Attorney's Office CA15859 R-1 June 21, 2022 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have - conflicts of interest in the application you are bringing before them. Organization name: -1 Indicate if you receive any of the following services, and if so, from whom: YSE NO SERVICE PROVIDER(useaditional sheets if 1 needed)I Accounting and/or preparation of tax returns I-1 j 'ti1�� 14)1 ` rt rt,ry t.•,n Financial Services (include bank institutions, lending institutions, and current mortgage holders as bC4 1 1i- 1)-,,,,,„,.(,, i applicable) - ( "N/ 1, }-.?z,J-/".'". S \...)LLegal Services --- CERTIFICATION; I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X _ �--� APPIICANSIGNAT4 ��- — __ _ • 4')J./ 1 I ' (WC/ /7 4'1 2.1 PRINT NAME DATE �i4e.: xm - .:-c ,•:.sZt-:-::assaa.s.t! Fv-::Ewn,-_-:;.c.v_„.:::•.r5s::. :,es•e�s'e,.:-ts�..cs..M•:.r`C,a�t.'.i .J;7r. atse:emsE1.5, 5�" 't ....! ..r- �, ...:rrre' s'�'.S.r t!:irG"t'_• ':;�e eN ;cr ca-+u'st,Aey—,z.�'S�E+!c-.. .._:`�`�i S.:vs3:T_�S-..�+iS.�Gn�: -- - • .._. . .a.:nicte K. PLANNING 1. HENDRICKS FAMILY DENTISTRY, PC /CLAYBORN PROPERTIES, LLC for a Change in Nonconformity re expansion of dental office at 737 Little Neck Road DISTRICT 8 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL 2. ALEXIS MORALES-CRUZ / EDWIN & ALEXIS CRUZ for a Conditional Use Permit re family day-care home at 3049 Barberry Lane DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. THE HERTZ CORPORATION/REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re motor vehicle rentals at 1940 Laskin Road, Suite 308 DISTRICT 6 (Formerly District 6 —Beach) RECOMMENDATION: APPROVAL 4. EYES ON YOU ARTISTRY BY BREONA AU'NICE, LLC / DIAMOND SPRINGS SHOPPES ASSOCIATES, LLP for a Conditional Use Permit re tattoo parlor at 1270 Diamond Springs Road, Suite 113 DISTRICT 9 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 5. CHERYL SCOTT/PEMBROKE NORTH ASSOCIATES,LLC for a Conditional Use Permit re tattoo parlor at 544 Independence Boulevard DISTRICT 9 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL • NOTICE OF PUBLJC HEARING A Public Hearing of the Virginia Beach City Council wil be held on Tuesday,July 5,2022 at 6:00 p.m. in the Council Chamber at City Hall, 2nd Floor at 2403 Courthouse Drive(Old City Hall), Buildirg 3,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestrearrr on www.vbgov.com,broadcast on VB1V,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WabEx by completing the two-step process be low.All interested parties are invited to observe. If you wish to make comments virtually during the pubic hearing,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbkov.webex.com/vb ov/onstage/g.php ?MT1D=e499c6f 215983963e35a 4999cce c 1cb 2b 2. Register with the City Cle rk's Office by callirg 757- 385-4303 prior to 5:00 p.m.on July 5,2022. The following requests are scheduled to be heard: Hendricks Family Dentistry,PC (Applicant)Clayborn Properties, LLC (Property Owner) Change in Nonconformity Address:737 Little Neck Road GPIN(s): 1488803791 Council District:District Alexis Morales-Cruz(Applicant) Edwin& Alexis Cruz (Property Owners)Conditional Use Permit(Family Day- Care Home)Address: 3049 Barberry Lane GPIN(s): 1495304965 Council District:District 2 The Hertz Corporation (Applicant) Regency Hilltop Associates(Property Owner)Conditional Use Permt (Motor Vehicle Rentals)Addresses:1940 Laskin Road, Suite 308 GPIN(s): 2407387103 Council District District 6 Eyes On You Artistry By Breona Au'nice,LLC(Applicant) Diamond Springs Shoppes Associates,LLP(Property Owner)Conditional Use Permit(Tattoo Parlor)Address 1270 Diamond Springs Road, Suite 113 GPIN(s):1469201140 Co uncil District:District 9 Cheryl Scott(Applicant)Pembroke North Associates,LLC (Property Owner)Conditional Use Permit(Tattoo Parlor) Address: 544 Independence Boulevard GPIN(s): 1477485260 Co until District:District9 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 webpag?5 days prior to the meeting. If you require a reasonable accommodation for the 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 Relayat 711 for TDD service. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Please check ourwebsite 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-JUNE 19,2022&JUNE26,2022-1 TIME EACH R10 0 , ' NN\ s'-'N /> / ,, N. 0 ,, Q R10 v NN • < / NNc/\-). 4 . isbp ' ;'N>. -- / , , __. _______-- / ,,,- /R54:1 4,,,e(' / 0 / NN.. .-- ,/v RSD v R10 - N 0 1 * t-9 . �� i „ / / -N /* G, ® / ✓ / / / N ./// i/7/ 0 • �� Site W A E Hendricks Family Dentistry, PC ^ Property Polygons s NW Zoning 737 Little Neck Road Building Feet 0 2040 80 120 160 200 240 Ci CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HENDRICKS FAMILY DENTISTRY, PC [Applicant] CLAYBORN PROPERITES, LLC [Property Owner] Change in Nonconformity (Expansion of Dental Office) for the property located at 737 Little Neck Road (GPIN 1488803791). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: July 5, 2022 • Background: Since 1966, this parcel zoned for residential use has been developed with a dental office. The site was developed prior to the adoption of the Zoning Ordinance by Princess Anne County. The applicant proposes to continue this use; however, is requesting an expansion of the building. Since the use is nonconforming, the proposed expansion requires City Council action. On January 23, 2007, City Council granted an expansion to this nonconforming use for an addition to the rear of the building and to renovate the exterior of the building to blend better with the surrounding residential area. The applicant is now seeking an additional expansion to construct a one-story, 533 square foot addition to the north side of the building. The building addition will include two additional operating rooms, a small office space, and a 112 square foot utility closet. • Considerations: The submitted building elevations depict a façade similar to the existing building with building materials consisting of stucco azek fascia, and veneer stone. The minimum of 10 required parking spaces can continue to be met on-site. Conditions are recommended regarding screening and operational practices to ensure continued compatibility with the neighborhood. Specifically, these conditions include maintenance of existing buffers and screening and limiting hours of trash pick-up. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 8, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Hendricks Family Dentistry, PC Page 2 of 2 1. All conditions attached to the previous Nonconforming Use application granted on January 23, 2007, are hereby deleted and superseded by the following conditions. 2. The proposed enlargement shall be developed substantially as depicted on the conceptual site plan entitled "OFFICE EXPANSION — Dr. A. Clayborn Hendricks, D.D.S", dated October 4, 2021, prepared by Gallup Surveyors & Engineers, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Hendricks Family Dentistry — 737 Little Neck Road", dated August 31, 2021, prepared by Hendrix & Anderson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. 4. The roll-out dumpster on the property shall be dumped only between the hours of 7:30 a.m. and 8:30 a.m. and after business hours between the hours of 5:30 p.m. and 8:00 p.m., when the dental office is closed for business. 5. All existing landscape screening on the property shall be maintained. • Attachments: Resolution Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (/-7 City Manager: _vzoL. 1 A RESOLUTION AUTHORIZING AN EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 737 LITTLE NECK ROAD 4 5 WHEREAS, Hendricks Family Dentistry, PC (the "Applicant") has made application 6 to the City Council for authorization to expand the structure containing the dental practice 7 at 737 Little Neck Road and zoned R-5D Residential Zoning District with the expansion 8 of the structure containing the dental practice; 9 10 WHEREAS, this parcel currently contains a structure which contains a dental 11 practice, which is not allowed in the R-5D Zoning District, but the use was started prior to 12 the adoption of the applicable zoning regulations making it illegal and is therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on June 8, 2022; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded will be 21 equally appropriate or more appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structure containing the dental 27 practice as expanded, will be equally appropriate to the district as is the existing structure 28 containing the dental practice under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the structure containing the dental practice is hereby 34 authorized, upon the following conditions: 35 36 1. All conditions attached to the previous Nonconforming Use application granted 37 on January 23, 2007, are hereby deleted and superseded by the following 38 conditions. 39 40 2. The proposed enlargement shall be developed substantially as depicted on the 41 conceptual site plan entitled "OFFICE EXPANSION — Dr. A. Clayborn Hendricks, 42 D.D.S", dated October 4, 2021, prepared by Gallup Surveyors & Engineers, 43 which has been exhibited to the Virginia Beach City Council and is on file in the 44 Department of Planning & Community Development. 45 46 3. The exterior of the proposed building expansion shall substantially adhere in 47 appearance, size, materials to the submitted elevations entitled "Hendricks 48 Family Dentistry-737 Little Neck Road," dated August 31, 2021, prepared by 49 Hendrix & Anderson Architects, which has been exhibited to the Virginia Beach 50 City Council and is on file in the Department of Planning & Community 51 Development. 52 53 4. The roll-out dumpster on the property shall be dumped only between the hours of 54 7:30 a.m. and 8:30 a.m. and after business hours between the hours of 5:30 p.m. 55 and 8:00 p.m., when the dental office is closed for business. 56 57 5 All existing landscape screening on the property shall be maintained. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning a Comm nity City Attorney's Office Development CA15852 R-1 June 3, 2022 2 IN/B Applicant Hendricks Family Dentistry, PC Agenda Item Property Owner Clayborn Properties, LLC Planning Commission Public Hearing June 8, 2022 City Council District District 8,formerly Lynnhaven 3 Virginia Beach Request Change in Nonconformity (Expansion of Dental Office) Staff Recommendation ' Approval 1 ' ill_ Staff Planner / A Marchelle Coleman sf x. Location 737 Lithe Neck Road / . , GPIN .4111F ► f 4�,�'� 1488803791 = uare p /feet 't' --� AICUZ . ..I„,3 :- Less than 65 dB DNL Watershed .\ ' \ r \ ' / -_ Chesapeake Bay r IOW ♦ alb t Existing Land Use and Zoning District �\.,:, = � N Dentist office/R-5D Residential !� ''� ?� t. Surrounding Land Uses and Zoning Districts .,,,, „gt `! '•- �.1., t�` y . , :. North •' .• 1, . ,.- Wit' > Church/R-10 Residential `1. - , South •::, �'° • r Single-family dwelling/ R-5D Residential •'` " : +e. . .4;' East • , -,: s Little Neck Road ' , ,". # Church/R-10 Residential + ,_• .-- West - `ye ��' Single-family dwelling/ R-5D Residential 1!:.. ,, 1kill,I.i. /:kto:-.b . ,... 1 Hendricks Family Dentistry, PC Agenda Item 3 Page 1 Background & Summary of Proposal • Since 1966,this 14,679 square foot R-5D Residential District-zoned parcel has been developed with a dental office. The applicant proposes to continue this use; however, is requesting an expansion of the building. Since the use is nonconforming,the proposed expansion requires City Council action. • On January 23, 2007,City Council granted an expansion of this nonconforming use to expand the rear of the building and to renovate the exterior of the building to blend better with the surrounding residential area. • The applicant is now seeking an additional expansion of the dentist office to construct a one-story, 533 square foot addition to the north side of the building. The building addition will include two additional operating rooms, office space, and a small utility closet. • The building elevations depict a façade that will match the existing building with exterior materials consisting of stucco, azek fascia, and veneer stone. • No other changes are proposed on site. All existing signage will remain, and no new signage is proposed. • Per Section 203 of the Zoning Ordinance, one parking space is required for every 330 square feet of floor area.As the office is 3,210 square feet and there are 10 parking spaces on the site,the parking requirement is met. R 1 // \ //f// ,'. ,I� Zoning History�/�� # Request �//,� 1 NON(Expansion of Use)Approved 01/23/2007 2 CUP(Day care)Approved 09/23/2003 MODC(Columbarium)Approved 08/26/2003 • 411 CUP(Columbarium)Approved 04/08/2003 . / / R10 2 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 Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(d) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Hendricks Family Dentistry, PC Agenda Item 3 Page 2 In Staff's opinion,the applicant's request to expand the nonconforming use on the property is reasonable and acceptable. The proposed 533 square foot one-story addition is minor in scale and will not detrimentally alter the use of the site. The property only has vehicular access from Little Neck Road and any increase in vehicular traffic will not impact the adjacent residential properties. Ultimately,the request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the dental office provides a service to the community and the modifications will not detract from the existing desirable characteristics of the surrounding residential area. As mentioned previously, even with the increase in floor area,the minimum parking requirement is met on site.As depicted on the conceptual site plan,three of the parking spaces will be restriped and provided in front of the newly proposed building addition. One of the parking spaces will be in front of the roll-out dumpster enclosure. Staff has proposed, and the applicant concurs,that the dumpster will only be emptied before and after business hours,so that it will not interfere with the parking on site. To ensure potential noise, sight, and safety impacts are adequately addressed, conditions are recommended related to screening and trash removal that were crafted with the residential properties in the vicinity in mind. Based on these considerations, Staff concludes that the proposed expansion is appropriate for the existing nonconformity and recommends approval of this request with the conditions listed below. Recommended Conditions 1. All conditions attached to the previous Nonconforming Use application granted on January 23, 2007, are hereby deleted and superseded by the following conditions. 2. The proposed enlargement shall be developed substantially as depicted on the conceptual site plan entitled "OFFICE EXPANSION—Dr. A. Clayborn Hendricks, D.D.S", dated October 4, 2021, prepared by Gallup Surveyors & Engineers, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Hendricks Family Dentistry—737 Little Neck Road", dated August 31, 2021, prepared by Hendrix&Anderson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning&Community Development. 4. The roll-out dumpster on the property shall be dumped only between the hours of 7:30 a.m. and 8:30 a.m. and after business hours between the hours of 5:30 p.m. and 8:00 p.m., when the dental office is closed for business. 5. All existing landscape screening on the property shall be maintained. 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. Hendricks Family Dentistry, PC Agenda Item 3 Page 3 Previous Conditions —Approved 1/23/2007 1. The proposed enlargement shall be developed substantially as depicted on the site plan entitled "Concept Plan, Office Expansion for Dr. A. Clayborn Hendricks, D.D.S.", dated September 27, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department. 2. The architectural design of the addition to the existing structure shall be substantially as depicted on the submitted elevation drawing entitled "Renovation and New Construction, Clay Hendricks Dentistry,Virginia Beach, Virginia", a copy of which has been exhibited to the City Council and is on file in the Planning Department. 3. Signage for the site and building shall be limited to a wall sign not to exceed two (2) square feet in size and a monument style freestanding sign.The monument style sign shall be as depicted on the submitted elevation drawing entitled, "New Sign for A. Clayborn Properties, 737 Little Neck Road", a copy of which has been exhibited to the City Council and is on file in the Planning Department. The monument style sign shall not exceed seven (7)feet in length,two (2)feet in depth and five feet-six inches (5'6") in height. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts This 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 Little Neck Road 15,000 ADT' 28,200 ADT 1 LOS 4"C") Existing Land Use 2—90 ADT Proposed Land Use 3—116 ADT 'Average Daily Trips 2 as defined by a 2,677 square 3 as defined by a 2,677 square foot °LOS=Level of Service foot dentist office dentist office with a 533 square foot addition Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Little Neck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. There is no current CIP to upgrade this roadway at this time. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Hendricks Family Dentistry, PC Agenda Item 3 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 9, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 22, 2022 and May 29, 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 May 23, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 2, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 19, 2022 and June 26, 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 June 20, 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 July 1, 2022. Hendricks Family Dentistry, PC Agenda Item 3 Page 5 Proposed Site Layout 7 Ld•lrtSCr, -�:11 /"A".. l•H••O W♦ TIAGG r�•11 r t•• •TN•T•.Tt�,(M.•Ta N r,7t♦•! ,••TT.T f+• r-.Te•YT.••T/." • OM to. w Mr•�7+U •••ia•Tto- • Ill M Tw•A OP • M.C. ft T T>r _�.�•�—�•` � - .,u1•••.wlrs arr py •T'••••1 • 4 „, l S. TTa 4.••tall... R4 w r•�} f-RF 11011E W1 Sil: y Y•a fJ ^uNH • •r1C� C0 V C OSL -- SSW I Mac!Ws/ - , •t _ - _ . Y.S SO ale•an u•aw' _ --. ' "•�••t + ,� - Proposed Proposed Roll-Out Dumpster I Previously Approved One-story '`"' Fully Enclosed w/6-foot Solid i. �� One-Story Addition Building PVC Fence • PROPOSED I 7.—RY *al 4a1""° r , 1,103 SF Addition %AMC %.all �•• - S33 SF 1 _ 1.KC ` Existing Building •o • -- 11_*Ilir !• T..•nN 1,574 SF - �s�;s•; I a M ,� 1 i l _ .TTO.11 . M , ran v T•tv ea• • 1 _ d _ �� #oft•W ip t Ori•a Ml,., 3L•: .•iTlwr.•�'• .* RbOCAf�PM*w•ww mum...WO ( ,, - "WV MO I I• • 1 to.11aR _ �I T /y 1 I •!tilt IN 94 Mn... WOOS • Y ,,_ i In TTt ; T } li • -- ! titN MLh•N KW*Ts MU, - '41Ir I trvair.f ap''',r Is aft? # 21 11,11.....0, k t sac serum_ ., ,,- ..,...".. ..,_ w....er MOW. MOMS/1C LOGI.t0 A..._ 4.1161 _ _ Zi+;�t •.ant 4------------------ --- ..........a!ot — -G.;.•---.-` • O.s.• 1•: •..---- ----- •u•MMM OWN,10 It Natal rs Ort.TT.+1wr{ 422 Jelat H Tr.Rai u¢>M tt sr may o-sr UT NECK ROAD 80' RAW •:••c.66.1.v. atl00•..6 ••••Teuea 0 Tr ar 00 Hendricks Family Dentistry, PC Agenda Item 3 Page 6 Proposed Elevation Plans t r 4\i,....... I I 'i 7.77. ' 4 Ti ,, ' 4 .Ao,-ti._,.__) y PARZ 1 AL EA ST E LLB VA'Tt or,1 but.A.L.V4"•ire 14ENCEICK.5 FAcHtL'! OW-11STtz-e 131 Ln-1 LE. ►-r w 4d).O bUL- 11,2.04.1 _ _ F ..�� - N. II /k Z.t..„-.Fes CG A TO N.7,-41 . _ _ -- - -- ---S1i>>.,L-rD MA-7csl iiiilroo• __- --,-- EX►.57rwl6 - 1 Oil _ E1GST/•-q..- i i. ,; e'''.1-,1# ., , - !-- /-1 i rt.ocrsm c � . s - NOftr7 H ELF-VA-t t0 tJ 1-111\SDRic cS FDtMri-Y DE1--ri c72Y MCAt,f t/4',t'o• 737 Lt-t-tt.a Mtc.i- Rom A or- to,'WLt Hendricks Family Dentistry, PC Agenda Item 3 Page 7 Resolution 1 A RESOLUTION AUTHORIZING AN EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 737 LITTLE NECK ROAD 4 5 WHEREAS,Hendricks Family Dentistry,PC(the"Applicant")has made application 6 to the City Council for authorization to expand the structure containing the dental practice 7 at 737 Little Neck Road and zoned R-5D Residential Zoning District with the expansion 8 of the structure containing the dental practice; 9 10 WHEREAS, this parcel currently contains a structure which contains a dental 11 practice,which is not allowed in the R-5D Zoning District, but the use was started prior to 12 the adoption of the applicable zoning regulations making it illegal and is therefore 13 nonconforming; 14 15 WHEREAS,the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on June 8, 2022;and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structure as expanded will be 21 equally appropriate or more appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structure containing the dental 27 practice as expanded,will be equally appropriate to the district as is the existing structure 28 containing the dental practice under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the structure containing the dental practice is hereby 34 authorized, upon the following conditions: 35 36 1. All conditions attached to the previous Nonconforming Use application granted 37 on January 23, 2007,are hereby deleted and superseded by the following 38 conditions. 39 40 2. The proposed enlargement shall be developed substantially as depicted on the 41 conceptual site plan entitled "OFFICE EXPANSION—Dr. A. Claybom Hendricks, 42 D.D.S", dated October 4,2021, prepared by Gallup Surveyors& Engineers, 43 which has been exhibited to the Virginia Beach City Council and is on file in the 44 Department of Planning& Community Development. 45 Hendricks Family Dentistry, PC Agenda Item 3 Page 8 Resolution 46 3. The exterior of the proposed building expansion shall substantially adhere in 47 appearance, size,materials to the submitted elevations entitled"Hendricks 48 Family Dentistry-737 Little Neck Road,"dated August 31,2021, prepared by 49 Hendrix&Anderson Architects, which has been exhibited to the Virginia Beach 50 City Council and is on file in the Department of Planning&Community 51 Development. 52 53 4. The roll-out dumpster on the property shall be dumped only between the hours of 54 7:30 a.m.and 8:30 a.m.and after business hours between the hours of 5:30 p.m. 55 and 8:00 p.m.,when the dental office is closed for business. 56 57 5. All existing landscape screening on the property shall be maintained. Adopted by the Council of the City of Virginia Beach, Virginia,on the __ day of ,2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. 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' .40.. pr. •••:."10-'414. 4,-..4.#k.• 41:- 1.311 .- • '••••-• ,... . -.- ....,,,,..........•,---,*la., Hendricks Family Dentistry, PC Agenda Item 3 Page 10 Site Photos , ,t-,• , ,„., ..1,1.,:i;!:::.-7;j:sit::e0.t--Ptii..,„.,:,,,v . - ' 4..41rr' '- a ,_.,_,_ ,‘ _.4.e._ 4.... ... ..^. 11. 1, . . ....„,... ,. .. .. _ .... . ;... ... . -- ---, "1111 ,..;-41 .,.:-_I --- * VAIL , � i- {. . ♦ .. 1 ,. i ,Y 1t a • r 'ash .-_ "Act j �« 7e �. 11* .1111 ../d/I' Vir:,i'LL ' • W- . 14. ' ..,.., b r.:',,,,,+,..r, N..it ,,„,' s„'7., . - \\ ., ,ice,. 1' :,`. A _mi e* # iii""' i ', ) ,... ‘,.. 7.,..tg._: i.: , .. 4 ' .' j Ar A♦ 1 , ' r3diti li'ars3' 1 Hendricks Family Dentistry, PC Agenda Item 3 Page 11 Disclosure Statement Disclosure Statement \113 f 1Ir,,I Frvieaa Bemis Planning&Community xT 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 Hendricks Family Dentistry,PC,a Division of Atlantic Dental Care,PLC 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.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? a Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Harlan Kent Hendricks,DDS;A.Clayborn Hendricks,DOS • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Clayborn Properties,LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Hendricks Family Dentistry, PC Agenda Item 3 Page 12 Disclosure Statement Disclosure Statement Cut/of tb92rao Balch _�.__, . 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 FA 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 aplicant 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 prope-ty ❑Yes ■No • If yes,identify the financial institutions providing the service. To be Determined 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 o•cvidec in col nection with the subjer or 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 Yates,CPA,Zuckerman&Associates 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. Wayne Anderson,Covington,Hendrix&Anderson Architects 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IN No • If yes,identify the purchaser and purchaser's service providers. 2 ( Hendricks Family Dentistry, PC Agenda Item 3 Page 13 Disclosure Statement {! .:.`f.t.. s .:j :vv •. ..•- ., ♦ . t• '�.-.�.. .•iRrr J.t iW+l.� V - • .::.n......._:+•az r - • ..n: .:.h,.44';Y...• Iq =fi-• 1. :: :. „.��,yi u ;i V A •v J • r+th ltA►.F. r �r .t {•s..i'._,: :j.�G' �� ` • - _ - ,r y a sxfi. }5�.�1�.f.' >� ,i rl.�� • ..i- ' � • � L -'��•4''.�Ck_r 1�t'�YC'.t�.r+—•�.:� - • fr t Y', . 'y.:ri rag--e.-tv;On�rTsi t•-7'• • _ fi^ ' • J7a'oiolci.720- 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 IN No • If yes,Identify the company and individual providing the service. To be Determined 7. Does the applicant have an engineer/surveyor/agent in connect on with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. David Butler,Gallup Surveyors&Engineers,Ltd. 8, Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. R,Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disc.osure Statement Form is complete,true,and accurate. I understand t"at, upon receipt of notification that the application has beer 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 /.&.s 5 — P,�� «e Q ' ev oe-AH Si- Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes IN No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosurta must he updated two(1)w[rcks prior to any Planning Commission and City Council meeting; that pertains to the applications ® No changes as of Di2Q 6/14/2022 signature { Print Name Marchelle L. Coleman Revised 11.09.2020 3 I P a g e Hendricks Family Dentistry, PC Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement t'i?�r.ti^I rir.Rrtxf. Planning&Community Development N. Owner Disclosure Owner Name Clayborn Properties,LLC,a Virginia limited liability company Applicant Name Hendricks Family Dentistry,PC,a Division of Atlantic Dental Care,PLC 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) A.Clayborn Hendricks,DOS,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach list if necessary) Hendricks Family Dentistry,a Division of Atlantic Dental Care,PLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have al.1terest 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 Hendricks Family Dentistry, PC Agenda Item 3 Page 15 Disclosure Statement EDisclosure Statement 1/13 Cit,of tlriniu Beuoh Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes • No • If yes,identify the company and individual providing the service. 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?I Yes E No • If yes,identify the firm and individual providing the service. David Yates,CPA,Zuckerman&Associates 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?PE Yes ❑ No • If yes,identify the firm and individual providing the service. Wayne Anderson,Covington,Hendrix&Anderson Architects 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 111 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?t Yes ❑ No • If yes,identify the firm and individual providing the service. David Butler,Gallup Surveyors&Engineers,Ltd. 6I Hendricks Family Dentistry, PC Agenda Item 3 Page 16 Disclosure Statement '1 L 1 S. rr~ '.� 7j J ,•• Z►tekii- wsr J Y:. w.N '11.• .L } herr - lt j•S •t • ' ''clll 1 �C•JiiF 011E YZ•Al- • .i •rt �•• a• ,,,;11ft 1:.V ,))117z7 71 ! _fl%11 .M1..1 ..- r� •,•qj. x! J'• •+LLB.. 8. •s the Owner receiving legal services in connection with the subject of the applicat'on or any business operating or to be operated on the property?U Yes ❑No • If yes,identify the firm and individual providing legal the service. R.Edwarc Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 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 heroin 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. Q-A.\ 7 Owner Signature cS .�.s Print Name and TitR✓ Date Revised 11.09.2020 7 l P a g e Hendricks Family Dentistry, PC Agenda Item 3 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Hendricks Family Dentistry, PC Agenda Item 3 Page 18 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 3 Hendricks Family Dentistry, PC [Applicant] Clayborn Properties, LLC [Property Owner] Change in Nonconformity Address: 737 Little Neck Road RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Okay. Thank you. So the next order business is the Consent Agenda, and I'm going to turn that over to our vice chair, Mr. Alcaraz, to run that portion of the meeting. George Alcaraz: Thank you, Mr. Chair. Today we have 10 items on the Consent Agenda. These items are recommended for approval by staff and the Planning Commission has concurred and there are no speakers signed up in opposition. Item #3, Hendricks Family Dentistry at 737 Little Neck Road, please come forward. Eddie Bourdon: Thank you, Mr. Alcaraz, Mr. Chairman. For the Commission, my name's Eddie Bourdon, Virginia Beach attorney representing the Hendricks family and the dentistry practice. Harlan Hendricks has come down... Excuse me. Clay Hendricks has come down today for this hearing. We appreciate this matter being on the consent agenda. All five conditions as recommended by staff are acceptable to us and greatly appreciate Marchelle Coleman's assistance and professionalism in handling this matter. Thank you. George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked commissioner Barry Frankenfield to read this item. Barry Frankenfield: All right. Thank you. Hendrick's Family Dentistry is a change in non-conformity. This building's been here since 1966. It has been expanded one time previously. The applicant is now asking for an additional expansion of 533 square feet. We have received building elevations that are acceptable and very attractive and fit in with the neighborhood. In addition, they have met all the requirements for parking and operation and those types of things. Staff has recommended approval. The request is fairly small and modest and will not alternate... No, that's not right. Will not alter. Thank you very much for your help. Will not alter the appearance or compatibility with the neighborhood. So, we support approval. Thank you. George Alcaraz: Thank you, Mr. Frankenfield. George Alcaraz: Thank you. Mr. Chair, that was the last Consent Agenda item. The Planning Commission places, the following applications on the Consent... items number#3, #4, #6, #7, #8, #9, #11, #12, #13, and #14. Jack Wall: Okay, thank you Mr. Alcaraz. Planning Committee: Second. Jack Wall: Well, he didn't motion. So that's... Planning Committee: You didn't motion? Jack Wall: No, he just stated it. No, thanks for trying. Do I have a motion to approve by consent items?#3, #4, #6, #7, #8, #9, #11, #12, #13 and #14? George Alcaraz: I'll make a motion. Jack Wall: Okay. David Weiner: Second. Jack Wall: And there's a second. Okay. Madam Clerk: Weiner. Jack Wall: Hearing a second, are there any Planning Commissioners that need to abstain from voting on these items? Okay. Hearing none, the motion was made by Mr. Alcaraz, the second by Mr. Weiner, is that right? Planning Committee: Yep. Jack Wall: Okay. Madam Clerk: Vote is open. By vote of 8 in favor, 0 against agenda items, #3, #4, #6, #7, #8, #9, #11, #12, #13, and #14 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar ABSENT Frankenfield AYE Horsley ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the previous Nonconforming Use application granted on January 23, 2007, are hereby deleted and superseded by the following conditions. 2. The proposed enlargement shall be developed substantially as depicted on the conceptual site plan entitled "OFFICE EXPANSION — Dr. A. Clayborn Hendricks, D.D.S", dated October 4, 2021, prepared by Gallup Surveyors & Engineers, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building expansion shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Hendricks Family Dentistry — 737 Little Neck Road", dated August 31, 2021, prepared by Hendrix &Anderson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. 4. The roll-out dumpster on the property shall be dumped only between the hours of 7:30 a.m. and 8:30 a.m. and after business hours between the hours of 5:30 p.m. and 8:00 p.m., when the dental office is closed for business. 5. All existing landscape screening on the property shall be maintained. 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. , _ . w (.1 ...... ___ \ air— q. .0 , 7". ,, .i.; j O o � � o � o�0 0 o 0 t o 0 N (7- , . 1 ‘- cN L. / .Q. 0 a77- 1 4). .co fit. ,_ 1 09 y\ ,, , 0 ,s ,/ FftZ *0 I c? L' f ' 2' ,e. K> 0 _ x-f.- ,, / . c),,, ___ r---1 i /-_- Etz ' o p 3\ N a) U 40 .-. o 64. a CD Ti a) 0 \ 0 -2 • \\Ce <K? � o m� \\.\ � � M d 0,0 <, 6 (-0 - \ iJ � 7c.\ x(t `e 0 nd Is ‘ --OcV \ .,- in 0 0 o ce3 0 ,'( 3..(: .7 Go 0 . w,t)c:,„\ioN\ i r, <0 1\ - 1 C3' C3 \ )\ Ki' 7 <) \\ ;,,, ,_ o a 0 cp ° '99\ o z 'c'v . o a_ 0 � C C c__-\ \ C3 D -- - � /.,/� A o, �a \ r;\ 0 \ N � , [ -ii a sC a/ I.L0 0 '.~ '' ,, il Sl ii 'J is CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXIS MORALES-CRUZ [Applicant] EDWIN & ALEXIS CRUZ [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 3049 Barberry Lane (GPIN 1495304965). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: July 5, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home within her single-family dwelling in the Lake Placid neighborhood. The 7,200 square foot parcel is zoned R-5 Residential District. A Family Day-Care Home with four or less children is permitted by-right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. • Considerations: While the applicant intends to care for up to six children, Staff and the Planning Commission typically recommend approval for up to 12, as over time it has been common for applicants to increase the number of children, thereby requiring a modification and additional consideration by both the Planning Commission and the City Council. The ultimate number will be determined by the Department of Social Services based on their permitting criteria. In-home day care is a valuable service to the community and is consistent with the Comprehensive Plan's vision of creating and maintaining "great neighborhoods" which are sustainable, stable, and supported by complementary non-residential uses. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 8, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. Alexis Morales-Cruz Page 2 of 2 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: ,,/_: 1 Applicant Alexis Morales-Cruz Agenda Item Property Owners Edwin & Alexis Cruz Planning Commission Public Hearing June 8, 2022 City Council District District 2,formerly Princess Anne 7 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) 7 r1 Staff Recommendation zipi. Approval Ns• c` / iN,,,,,‘ - Alp 111 WI Staff Planner 4/ b Michaela McKinney 4 Location d 3049 Barberry Lane Barb• • ri' GPIN *a -/ 1495304965 1 Site Size T j' . 7,221 square feet \ , AICUZ r Lel- i U 70-75 dB DNL - I ,,, Watershed Southern Rivers �a laso-terifirarai., ,i'Mr, Existing Land Use and Zoning District t _ Single-family dwelling / R-5D Residential •Surrounding Land Uses and Zoning Districts `- t t North ti, �► e/ , Barberry Lane i - 101r! r Single-family dwelling / R-5D Residential , litis �- - South °�� < - Single-family dwelling /R-5D Residential - �� . i ,,. r , . ("1-7 East Single-family dwelling /R-5D Residential 4 4% , A•. -, 014I . t .r.:** West ftt' yo , a Single-family dwellingR-5D Residential o . ‘ f',. -„or. . '0000 '� "' Alexis Morales-Cruz Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to six children within her single-family dwelling in the Lake Placid neighborhood. The 7,221 square foot parcel is zoned R-5D Residential District. • The applicant has over 12 years of experience caring for children and now she wishes to increase the number above four which requires a Conditional Use Permit. • The designated outdoor play area is located in the backyard and is enclosed with a six-foot tall, solid privacy fence. • The proposed hours of operation are 6:00 a.m. to 6:00 p.m. R5D Q •* • �, ,�,�i,♦ Zoning History f � ♦ O / •�i E # Request i, 1 LUP(Landstown Meadows)Approved 10/10/1983 ! RSD CI C 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 request for Conditional Use Permit for a Family-Day Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. A Family Day-Care Home with four or less children is permitted by-right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. While the applicant intends to care for up to six children, Staff typically recommends approval for up to 12, as over time it has been common for applicants to increase the number of children,thereby requiring a modification and additional consideration by both the Planning Commission and the City Council.The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process, due to ages of the children, whether an assistant is employed, and other policies established by the Department of Social Services; however, it is recommended that the number of children not exceed 12. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at one time to alleviate the potential for congestion in the right-of-way. Alexis Morales-Cruz Agenda Item 7 Page 2 In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1)additional employee/volunteer,who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 of Virginia Beach. The general planning principles for the Suburban Area focus on creating and maintaining"great neighborhoods"which are sustainable, stable, and supported by complementary non-residential uses. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Alexis Morales-Cruz Agenda Item 7 Page 3 Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Barberry Lane No Data Available Existing Land Use -10 ADT Proposed Land Use -34 ADT 'Average Daily Trips 2 as defined by a Single Family 3 as defined by a Single-family Dwelling dwelling with Family Day-Care home. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Barberry Lane in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are 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 May 9, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 22, 2022 and May 29, 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 May 23, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 2, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, June 19, 2022 and June 26, 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 June 20, 2022 Alexis Morales-Cruz Agenda Item 7 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 1,2022. Alexis Morales-Cruz Agenda Item 7 Page 5 Site Layout r — r 6-foot TaII • r Privacy Fence r r rA ‘ r St r t .�tirrg r � 044 ark frs Alexis Morales-Cruz Agenda Item 7 Page 6 Site Photos . -„.... �..`ti"_tea - IT !....J— ..-,-- ilk , . , ! r. • '^.4,i • ...,`^ ` } ,--4_ fj -; 7 1 . {, , , . , , Isar i , - • . .. . .. .. ,..... f . , . i' 1 ,,,li , . , • IIIIrNNrIIEII > lk:t 414 _ °x: itililliMfr Alexis Morales-Cruz Agenda Item 7 Page 7 Disclosure Statement Disclosure Statement 11 Planning&Community 1 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 Alexis Morales-Cruz Does the applicant have a representative? 0 Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local 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. kev sec'12.09.2020 1 I P a g e Alexis Morales-Cruz Agenda Item 7 Page 8 Disclosure Statement Disclosure Statement 'NB eery of VcrvaTta Beach Planning&Community Development Known Interest by Public Official or Emaloyee 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 II No • If yes,what is the name of the official or employee and what is the nature of the interest? Ajicant 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. Penny Mac 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 ENo • 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 IN No • If yes,identify the purchaser and purchaser's service providers. 2:1_0 21Page Alexis Morales-Cruz Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement \fl3 Crty of 15rprau&orb 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 N 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 111 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in cornection 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. )141;0 Applicant Signature Alexis Morales-Cruz Print Name and Title 03/29/2022 Date Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Dat• 06/22/2022 signature 21 Print Name Michaela D. McKinney Revised 11 09.2020 Wage Alexis Morales-Cruz Agenda Item 7 Page 10 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. Alexis Morales-Cruz Agenda Item 7 Page 11 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 7 Alexis Morales-Cruz [Applicant] Edwin & Alexis Cruz [Property Owners] Conditional Use Permit(Family Day-Care Home) Address: 3049 Barberry Lane RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: Thank you. Agenda item #7 for Alexis Morales Cruz for a family daycare at 3049 Barberry Lane. Please come forward and state your name. Madam Clerk: Commissioner Alcaraz, this applicant is joining us by WebEx. George Alcaraz: Thank you, Madam Clerk: Calling Alexis Morales Cruz. If you would please pause for two to three seconds while we unmute your audio feed and then state your name and if the conditions are acceptable as applied to your application. Alexis Morales Cruz: Alexis Morales Cruz. And yes, I agree. George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked commissioner Bradley to speak on this for the record. David Bradley: The applicant is requesting a conditional use permit to operate a family daycare home for up to six children within her single family dwelling in the Lake Placid neighborhood. The 7,221 square foot parcel is zoned R-5D residential district. The applicant has over 12 years of experience caring for children and now she wishes to increase the number above four which requires a conditional use permit. The proposed hours of operation are 6:00 AM to 6:00 PM. Staff recommends approval. Since there's no opposition, we've placed it on our Consent Agenda. George Alcaraz: All right, thank you. Agenda item #8, the Hertz Corporation for motor vehicle rental at 1940 Laskin Road. Is there a representative here? Please come forward. If you could just state your name for the record. Jimmie Williams: Good afternoon. My name is Jimmie Williams here on behalf of the Hertz corporation. George Alcaraz: Do you accept the conditions? Jimmie Williams: I do. Yes. George Alcaraz: Thank you. You may be seated. Jimmie Williams: Thank you. Dee Oliver: It's me. George Alcaraz: Okay. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, asked Ms. Oliver to speak on this project. Dee Oliver: The applicant is requesting a conditional use permit for motor vehicle rentals with an existing 2,400 square foot storefront. This unit is located within the Regency Hilltop Shopping Center along Laskin Road on property zoned B-2 in the community business district. The applicant proposes to keep no more than 10 vehicles for rent at any time on the site, the display areas are located in the far west portion of the shopping center. No automotive repair is proposed and staff is recommending a condition to prohibit that activity. The rental of box trucks, moving vans, trailers, heavy duty pickup trucks, are also prohibited at this site. The hours of operation are proposed 8:00 to 6:00 AM and PM Monday through Friday and 9:00 AM to 12:00 PM on Saturdays. There'll be no significant modification to the site or the exterior of the building. For the reason stated above, staff recommends approval of this application. The applicant is agreeable to the conditions listed, and so therefore we've placed it on the Consent Agenda. George Alcaraz: All right, thank you. Agenda item #9, please come forward for Pembroke North Associates for a tattoo parlor at 544 Independence Boulevard. Hi. Just state your name please. Cheryl Scott: Cheryl Scott. George Alcaraz: Did you accept the conditions? Cheryl Scott: I do. George Alcaraz: All right, thank you. You may be seated. Is there any opposition to this being placed on the consent agenda? Hearing none, I've asked Mr. Klein to read this item for the record. Robyn Klein: The applicant is requesting a conditional use permit in order to operate a tattoo parlor, specifically for permanent makeup known as microblading, within an existing beauty salon. The unit is located within the Pembroke Park Shops shopping center along with Independence Boulevard on property zoned B-2, community business district. The planning staff finds the application acceptable and the commission agrees. George Alcaraz: Thank you. The next item is agenda item #11 is there a representative today here? Madam Clerk: Mr. Alcaraz, they're with us via WebEx. George Alcaraz: Thank you. Madam Clerk: Calling Victoria Cozial. If you would pause two to three seconds while we unmute your audio feed and then state your name and if the application... Or the conditions applied to your application are acceptable. Victoria Cozial: This is Victoria Cozial and they are acceptable. George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none... Mr. Weiner to read this. Yes. David Weiner: Thank you, Mr. Alcaraz. This is a conditional use permit for a short term rental at 901 Pacific Avenue, Unit C. It is in the O-R district. We recommend approval and put it on the Consent Agenda. George Alcaraz: Thank you. The next item is agenda item #12 for Long Creek LLC, short term rental at 4005 Atlantic Avenue. Please come forward. Sorry, just state your name. Randall Tabor: Good afternoon. My name's Randall Tabor. I'm the representative. George Alcaraz: Are the conditions acceptable to you? Randall Tabor: Yes. George Alcaraz: All right. Thank you. You may be seated. Randall Tabor: Thank you. George Alcaraz: Is there any opposition of this item being placed on the Consent Agenda? Hearing none, I ask Commissioner Weiner to read this item for the record. David Weiner: Thank you, sir. This is another conditional use permit for a short term rental at 4005 Atlantic Avenue, Unit 218. It is in the O-R district and we have put it on the Consent Agenda. George Alcaraz: All right, thank you. Agenda item #13 for a short term rental at 425 21st. Please come forward. Madam Clerk: Mr. Alcaraz, this applicant is also WebEx. Thomas Lapresti. If you would pause two to three seconds and then please state your name and if the conditions applied to your application are acceptable. Thomas Lapresti: Good afternoon. My name is Tom Lapresti and the conditions are acceptable. George Alcaraz: He said... Okay. Madam Clerk: He said "are." George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I ask again Mr. Weiner to read this item for the record. David Weiner: Thank you, Mr. Alcaraz. Request for conditional use permit for a short term rental at 425, 21st Street in the O-R district and we have put this on the Consent Agenda. George Alcaraz: Thank you. And our last Consent Agenda item is item #14 for short term rental at 515, 20th Street. Please come forward. Hi, you can just state your name for the record. Craig Dean: My name is Craig Dean. George Alcaraz: Thank you. Are the condition's acceptable to you? Craig Dean: Absolutely. George Alcaraz: Thank you. You can be seated. Craig Dean: Thanks. George Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing none again, asked Mr. Commission... I mean... Mr. Commissioner... Mr. Weiner. David Weiner: Thank you, Mr. Alcaraz. Again, a conditional use permit for a short term rental at 515 20th Street in the O-R district. And we have put this on the Consent Agenda. George Alcaraz: Thank you. Mr. Chair, that was the last Consent Agenda item. The Planning Commission places, the following applications on the Consent... items number#3, #4, #6, #7, #8, #9, #11, #12, #13, and #14. Jack Wall: Okay, thank you Mr. Alcaraz. Planning Committee: Second. Jack Wall: Well, he didn't motion. So that's... Planning Committee: You didn't motion? Jack Wall: No, he just stated it. No, thanks for trying. Do I have a motion to approve by consent items?#3, #4, #6, #7, #8, #9, #11, #12, #13 and #14? George Alcaraz: I'll make a motion. Jack Wall: Okay. David Weiner: Second. Jack Wall: And there's a second. Okay. Madam Clerk: Weiner. Jack Wall: Hearing a second, are there any Planning Commissioners that need to abstain from voting on these items? Okay. Hearing none, the motion was made by Mr. Alcaraz, the second by Mr. Weiner, is that right? Planning Committee: Yep. Jack Wall: Okay. Madam Clerk: Vote is open. By vote of 8 in favor, 0 against agenda items, #3, #4, #6, #7, #8, #9, #11, #12, #13, and #14 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar ABSENT Frankenfield AYE Horsley ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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. 0178 OOL 09g OZt 08Z O1LOL 0 6uiplin8 20£ a4 nS `13e0N ui)sel 01761. 6u!uoz s uoi;eaodao3 zpaH aul suo6AIOd AJodoad .NPi'm N ) E3 -_ - t kV et]//,7 NO`\ ' -in C=D qi\eri, tin2 Lot - % ZI,V 6 8 IN6A, o ZEI .4, �5-,1?� • \ -- `: Is4; ózO \ , y" -♦ ___ \ • ir zs / . ‘‘ . \-7;2 c \. , ,,, \ 0 14:I 0 - -0 oa , /el < >' _ _ , 'if .,-/":1-A0‘. ,c2 .- \\,_ , . /// -_- --_,---7'00----- -\\,, ',, i' ------------ ------- 7 --'-'--.1-----9 a zs e Zs Z-8 a-5� Z8 �_ o �,- ,: • a / itotr, it -_,6",- --, Do __ wow \ • --- tive41 wit] 31 ECEIN 112:a.' litiai4:- OA Nit'2 - ) 5 al 81 d ZI ,. ,i, , oTe4 _ . -t� 3 [ re'2_7.6tV_a 1 9,6- 8 I.V ,...: the 4,8--. T-Pilq PL:1 ° '. 6- alomf - :_--c---7----.-:--- •-------_____-------euft.iii Hi - -aa- su: _viol". 8 �d.... Val: :41- Asp i 41 � i� ; +� \s ) / au�1 Cg Id 8 I,d eld t " —__ -- -- C4•1y 1 rS�' Liy 21 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE HERTZ CORPORATION [Applicant] REGENCY HILLTOP ASSOCIATES [Property Owner] Conditional Use Permit (Motor Vehicle Rentals) for the property located at 1940 Laskin Road, Suite 308 (GPIN 24073871030). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: July 5, 2022 • Background: The applicant is requesting a Conditional Use Permit for Motor Vehicle Rentals within an existing 2,400 square foot storefront in the Regency Hilltop Shopping Center in the Hilltop Strategic Growth Area. The property with frontage along Laskin Road is zoned B-2 Community Business District and is within the greater than 75 dB noise zone as well as Accident Potential Zone 2. The applicant proposes to display up to 10 vehicles for rent at any one time on the site. Vehicles awaiting pick-up will be located in areas designated on the site that include behind the front facades of the shopping center and in areas not frequently used by either employees or customers. • Considerations: The Comprehensive Plan specifies that the Hilltop Strategic Growth Area is a regional retail destination featuring restaurants, and a variety of shops and grocers. While this use is not specifically in conformance with recommendations for desired land uses in the SGA, this use will provide a service to surrounding residents and will occupy a small, existing unit in the shopping center. The applicant intends to limit the type of motor vehicles rented at this location to cars, sedans, small to medium pick-up trucks and park them out of view of any right-of-way and outside of high traffic customer areas, the use will be less visually impactful than a box truck rental operation. As the property is within the highest noise zone and Accident Potential Zone 2, many land uses are restricted, as identified in Article 18 of the Zoning Ordinance. However, retail trade, such as the proposed Motor Vehicle Rental, is considered to be a compatible use. 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. The Hertz Corporation Page 2 of 3 • Recommendation: On June 8, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The total number of vehicles displayed for rent shall be limited to a total of 10 cars, SUVs, and small and medium pickup trucks. 2. No more than 10 vehicles for the purpose of renting shall be allowed on the site at any one time. Rental cars shall be located only in the area on the site that has been designated on the exhibit entitled, "Site Plan — Regency Hilltop Shopping Center — Virginia Beach, VA 23454", prepared by S.L. Nusbaum Realty Co., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The rental of box trucks, moving vans, trailers, and heavy duty pickup trucks are prohibited at this site. 4. 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. 5. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 6. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 7. No maintenance, auto repair, or service of motor vehicles shall be permitted on site. 8. All rental vehicles associated with this request shall not be detailed, washed, or cleaned on-site. 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 11 .There shall be no outside audio speakers for any purpose. The Hertz Corporation Page 3 of 3 12.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department0 City Manager: INIB Applicant The Hertz Corporation Agenda Item Property Owner Regency Hilltop Associates Planning Commission Public Hearing June 8, 2022 City Council District District 6,formerly Beach 8 Virginia Beach Request Conditional Use Permit (Motor Vehicle Rentals) i---rx,, f e lotto- c‘, ----\ Staff Recommendation ;c .1 Approval F Wolf anaeRoad ‘...--\ A 7D ~ v I <II � Z $ y Staff Planner �� / j j� r g cii4 Michaels McKinney \ %i , PM Location s t 1940 Laskin Road, Suite 308 & R d ed. Vaimagaile G P I N i7 E.. 0 d M 6 ;I" ` . t illr 24073871030 d " At' �\ Site Size . '" 24 acres (2,400 square foot suite) iliike,,,:o r. 6. T n AICUZ • <1_. ? la Greater than 75 dB DNL; APZ-2 3-'" a Watershed ' Chesapeake Bay Wie•; Y =S r 2 Ma, Existing Land Use and Zoning District ; °" '�"�" IP ° iitiki`� ' ' Shopping Center/ B 2 Community Business o. =Ftm� te r1& .I -c , ' * .' cis i °°*� = ' •w ` _„..i - s t -.. Surrounding Land Uses and Zoning Districts ky;: .. -- ,_ -" a - •' .. ` Multi-family dwellings/A 18 Apartment , ; , \- \- k. South a `, s... ,. ..�war. 1'��`F`. d`• ` .. ' i.• Funeral home, cemetery, religious use/ B-2 -'1-1";- _ . P :0, 4.,� p ' I. �'. . Community Business R-10 Residential .., ' ' East r7 Vrs�. . a a.' • Laskin Road, Regency Drive •�s. .• . 3"�' Shopping Center/ B-2 Community Business . .�i `,:� �`'` " C� /..3': . ti' rr 7 West T'' 4 s :'s4... . ..; �o. ...k �. >r Wolfsnare Creekit.4.- p 'N 9i ; , i'n �-` Ff�c i. it A r w 3 \` ;�, Sit 'gyp T .:I !11 .l «,, , f,� .1.: Multi-family dwellings/A-18 Apartment . v._. % �,�w- .. `A ,, .. - The Hertz Corporation Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Motor Vehicle Rentals within an existing 2,400 square foot storefront.This unit is located within the Regency Hilltop Shopping Center along Laskin Road on property zoned B-2 Community Business District. • The applicant proposes to keep no more than 10 vehicles for rent at any one time on the site.The display areas are located in the far west portion of the shopping center. No automotive repair is proposed, and Staff is recommending a condition to prohibit that activity. • Typical hours of operation are proposed as 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m.to 12:00 p.m. on Saturdays. • There will be no significant modifications to the site or to the exterior of the building. 5 f; .' ---— a w it p R-v,,` 111,477,1 vl..,__,,,r,:::::41 ,:_lt yt Si.,,,l,, • 7,114,;.,./.:..t......4,:z.--61.q.'14 179..01...r.Ai 8 Lowe lite...;6 ci.,..:4 ..,.. ,.„ It. ,„,,utc.,-.a--; . . • , 7,,,st." -e , " wii. _F__-- -�% ,„, . . , Zoning History _ i El # Request I q 2 ei �i♦♦♦�� , ‘' •• 1 CUP(Motor Vehicle Repair)Approved 03/17/2015 � / ,: P(Cemetery)Approved 08 12 2015 / ♦ / � � 2 CUP Ce e / / iO 3 CUP(Tattoo Parlor)Approved 03/15/2022 R10 Cl.•• #4 i i Al \\c' 1.14:-"' y 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 request for a Conditional Use Permit for Motor Vehicle Rentals, in Staff's opinion, is acceptable given that the use, with limited rental vehicle storage, will be compatible with the other existing commercial businesses in the shopping center and throughout the area. The property is located within the greater than 75 dB noise zone and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). Many uses within this AICUZ are restricted, as identified in Article 18 of the Zoning Ordinance; however, retail trade, such as the proposed motor vehicle rental, is considered to be a compatible use. The Comprehensive Plan specifies that the Hilltop Strategic Growth Area is a regional retail destination featuring home- grown restaurants, a plethora of grocery stores, and a variety of shops,yet introduces more greenspace. While this use is not in conformance with the Hilltop Strategic Growth Area within the Comprehensive Plan,this use is consistent with the existing shopping center and current uses and will provide a service to surrounding residents. The Regency Hilltop The Hertz Corporation Agenda Item 8 Page 2 Shopping center includes retail, restaurants, and personal services. As the applicant intends to limit the type of motor vehicles rented at this location to sedans, SUVs and small and medium pickup trucks, and park them out of view of any right-of-way and outside of high traffic customer areas, the use will be less visually impactful than a box truck rental operation. No auto repair is contemplated and Staff recommends a condition to ensure this will be the case. Rental cars will be detailed and washed off-site at a nearby carwash. The existing vegetation provided by the Shopping Center screens the vehicles awaiting rental. No signage is proposed to distinguish the display area parking as the cars are intended to blend in with the regular parking lot. However,the applicant proposes signage to include front lit channel letters consisting of black perforated film and hertz yellow vinyl. A separate sign permit must be obtained from the Department of Planning& Community Development to ensure it meets all zoning requirements. In sum, the use of Motor Vehicle Rentals is considered to be a compatible one within the shopping center. Staff does not anticipate a significant increase in traffic volume with the addition of this use into the existing shopping center. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The total number of vehicles displayed for rent shall be limited to a total of 10 cars, SUVs, and small and medium pickup trucks. 2. No more than 10 vehicles for the purpose of renting shall be allowed on the site at any one time. Rental cars shall be located only in the area on the site that has been designated on the exhibit entitled, "Site Plan—Regency Hilltop Shopping Center—Virginia Beach,VA 23454", prepared by S.L. Nusbaum Realty Co., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The rental of box trucks, moving vans,trailers, and heavy duty pickup trucks are prohibited at this site. 4. 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. 5. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 6. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 7. No maintenance, auto repair, or service of motor vehicles shall be permitted on site. 8. All rental vehicles associated with this request shall not be detailed,washed, or cleaned on-site. 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 11. There shall be no outside audio speakers for any purpose. The Hertz Corporation Agenda Item 8 Page 3 12. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Hilltop Strategic Growth Area (SGA). Guiding principles for the Hilltop SGA are to build a network of streets to improve traffic flow, provide a mix of retail, restaurants, and office uses, comply with AICUZ land use zoning requirements, and reduce land areas devoted to parking and replace with more productive uses. Natural & Cultural Resources Impacts The site is located in Chesapeake Bay Watershed.There are no known natural or cultural resources associated with this site as it is fully developed with a shopping center and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 30,000 ADT1 36,900 ADT 1(LOS 3"D") No Change Anticipated 1 Average Daily Trips 2 average daily trips are not 3 LOS=Level of Science expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two, 2-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. There is a roadway CIP project for Laskin Road in front of this site. Laskin Road—Phase III is a City managed project for construction of a six-lane divided highway with bike accommodations from Republic Road to just west of Phillip Avenue, a distance of approximately 0.7 miles.The existing service/feeder roads along Laskin Road from Regency Hilltop to Republic Road will also be removed with this project. Aesthetic improvements such as landscaped median and verge areas will be provided to enhance the roadway corridor. This project is scheduled to begin construction in 2032. There is a roadway CIP project for Laskin Road under construction just outside this parcel's boundaries. Laskin Road— Phase IA(CIP 2-156/CIP 2-126) is a VDOT managed project for the construction of an eight-lane divided highway from Republic Road to Winwood Drive and a six-lane divided highway from Winwood Drive through the Linkhorn Bay Bridge with shared-use path, sidewalk, and wide outside lanes for bicyclists. These limits also include a six-lane divided The Hertz Corporation Agenda Item 8 Page 4 highway on First Colonial Road from 1-264 to Laurel Lane with full intersection improvements along this corridor within the project limits. This construction is expected to be completed in May 2023. 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 May 9, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 22, 2022 and May 29, 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 May 23, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 2, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 19, 2022 and June 26, 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 June 20, 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 July 1,2022. The Hertz Corporation Agenda Item 8 Page 5 Conceptual Layout of Shopping Center Al- 4111 ----,. ---____,__ IA i yea ` e • , �i\�, ��,"�` ~fib'►? e/ 4 , um, i. �'- l _,-- OVIVilil .' /I) - Unit 2 1 - , �. _ RtthlN�'.. ....a. 1, ifittffffliffilffifffififfiri 1 M V' s N - _ I tf. i ° t--� \• �M�111111111illill111111,111111 unit 2g , _�� ' 11-Jw , _Ma-.�.k..,, co \ _ t kard —+- r.....;,,,,i= t Q Er: *wiper tun% svr<t•wet - Z \ r.i.,t da -� - cc s,,,,, % -5. f I— \ iii; - t Z al. trN. V • \' 5 _ t \a \ Q. \ ".....141.4ilit .-T TT" i ,i ,,) I 1 L tl 41 O >? S C _ tia m CI A 1.9 11.1 Z NU s CC LJLJ The Hertz Corporation Agenda Item 8 Page 6 Sign Rendering N H a z 0 O z u W O O V V W u �_ H VIZ V' W N W 'VI- W p`--N >O g Z V Z W V O V Z <b m X NO � ~ 1 W C a Y< 4 m L ------J \ ---__________________ ) '¢W .i < L Z<¢ 'J„ O J >6' omOa �__ ~tea �zz,, °f� // /^\ M et \ 0 v ____________IL: -------------)' : ° N" - H N N z \ Z° H __> ?6 ~ Q O Vf Ika ------_______ N L. mmilmmIll60 m • • • • E c I. a ¢ a m � n n 5 8 o w € E B n ' 3 T it f d Ail CZ “ZL/ ••000 a .IOC ®®00© The Hertz Corporation Agenda Item 8 Page 7 Sign Rendering [7_1762.70:71 (C(-/-7 assotionammaimx 1H©u[ ©l1 Operatean Typical Usage& Placement endery o Freckly Saturday 2:Z arirt L1CCprril Sunday aosed The Hertz Corporation Agenda Item 8 Page 8 Site Photo y ti mma_ K ilk zM IN -14�� .: "' I'or!.Yaw ..__ men ear I ;.. . s The Hertz Corporation Agenda Item 8 Page 9 Site Photos of Rental Display Areas « : n - .- . -- ' .%;:7444e-XIIIN,' .a".14°*, V. *'''' . . —**af':- -glioe.--Pli /7'.41tIA.' "' f ` a _. -...." .� '". � - P y,�-Y• • i '�(- ?' 9J' _P- 4 i sue• � 5 J''; :.--. �^♦a ,#._ . .STY .`b. i� Y ! � - j . �S.Y k�. _ .`_,� „kf� � ""=i•� ma • n ,- 0 s • W s • f The Hertz Corporation Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement \/13 r u v Vemu Sr.* 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 The Hertz Corporation Does the applicant have a representative? Yes ❑No • If yes,list the name of the representative Jimmie Williams Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? IL Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached list • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity?relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I p a R e The Hertz Corporation Agenda Item 8 Page 11 Disclosure Statement Ilir Disclosure Statement 1A3 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 W 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,crass-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes V No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes A No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes III 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 I. No • If yes,identify the purchaser and purchaser's service providers. Revised,1.09.2020 2 1 P k The Hertz Corporation Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement Ctt y of t'uyutw Bwd, ,w. Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. Lease is being finalized,once finalized,a construction contract will be awarded. 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?0 Yes in No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature rint Name and Title Jimmie Williams-Corporate Real Estate Manager Stephen A.Blum-SVP Real Estate&Facilities Date 4/14/2022 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 Date 06/22/2022 Signature Z7 /7�,�� /`+y (/ Print Name Michaels D. McKinney! �/l 31 The Hertz Corporation Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement 'V\B i'R y 0 SIvrot dexA Planning&Community Development i, 1 Owner Disclosure r? Owner Name �? /11;iil� / Si;i4 ,s L•L c_ 1 Applicant Name The Hertz Corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? V Yes 0 No • If yes,list the names of all officers,directors,members,trustee' etc..elow. (Attach a list if necessary) ter.. i � , :l ` �, z_LC..f.._C?'�an� fr>ti- f-, - �Qse(2A s else. f f .. . __Ivm—gi4,1_,L.C. / ilha.-.)45 ir)5 M(ti-Ap lc—6.1k.,,710c Zia5 Iv/1 • 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>ve an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 0 t o • If yes,what is the name of the official or employee and what is the nature of the interest? s"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 entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 1.1.09./020 5 1 P a g e The Hertz Corporation Agenda Item 8 Page 14 Disclosure Statement Disclosure Statement Planning&Community , .t Development Owner Services Disclosure 1. Does the Owner hav,any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing In con,f•ction with the subject of the application or any business operating or to be operated on the property? ❑Yes CO. No • If yes,identify the financial institutions providing the service. 2. Does/he Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Q/Yes ❑No • if yes,identify the company an;:individual provi;i;ng the s rvice. r_ 1 1 3. Does the Owner have services for accounting and/or preparation of tax returns provide9frfonnection with the subject of the application or any business operating or to be operated on the property?❑Yes re-No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner providedif,ieonnection 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 y+No • if yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor/connection with the subject of the application or any business operating or to be operated on the property?0 Yes ©No • If yes,idently the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agesi connection with the subject of the application or any business operating or to be operated on the property?0 Yes L No • If yes,identify the firm and individual providing the service. Revised 17.t6.2020 6 1 1 a`}`, The Hertz Corporation Agenda Item 8 Page 15 Disclosure Statement Disclosure Statement \B 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?0 Yes Q f o • If yes,identify the firm and individual providing legal the service. Owner Signature 1 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. A Owner Signature i r- J>r T • Print Name and to - C)/aX 2--- _ - Date X altiL ,Q 634/W4-14"-a_i w 2- 1- P (7),Le �-. �' 3/31/22 414nalei R,.✓ict.111.09.l020 7 I P a g e The Hertz Corporation Agenda Item 8 Page 16 Members List for the Hertz Corporation Hertz Entity Name: The Hertz Corporation Name Title !Smith Suenon Nestar, Laura C. Executive Vice President,Global Marketing and Customer Experience Adams, Jeffrey Senior Vice President,Remarketing and Transportation Network Company Allen, Dane Assistant Secretary Arrincitor. Darren Executive Vice President,Revenue Management 8 Fleet Acquisition Barton. Robert Senior Vice President,Global Franchise Operations Blum, Stephen A. Senior Vice President,Real Estate and Facilities Bray, Anoela Iris President-Hertz International Brevard, Courtney Assistant Secretary Brooks, Alexandra D. Senor Vice President and Chief Accounting Officer Bums,John C. Vice President and Assistant Treasurer Cangialosi, Mark Vice President,Fleet Procurement Cheung, Kenny Executive Vice President and Chief Financial Officer Costello, Lesley Assistant Secrete y Drake, Jute Vice President,Real Estate and Immigration Law Dubin, Clark Vice President,Global Risk Management Fields, Mark Interim CEO Galalnena, M David Executive Vice President,General Counsel and Secretary Hankins Lauren Assistant Secretary Nevis, Marc Vice President,Global Tax Honor, Maurice Vice President,Travel Distribution Sales Johnson, Mark E. Senior Vice President and Interim Treasurer Kennedy, Patrick Vice President and Assistant Treasurer Langley-Hawthorne, Tim Executive Vice President and Chief Information Officer Lay, Brian Chief Audit Officer Leef, Eric Executive Vice President and Chief Human Resources Officer McGinley, Dennis Assistant Secretary Muracco, Dominick J. Vice President,Chief Compliance Officer Nieman,Jeffrey C. Senior Vice President,Delivery Services Patel, Jayesh Senior Vice President,Strategy Pendleton, Sally Assistant Secreta v Potarivo, Matthew C Vice President,Associate General Counsel and Assistant Secretary Rawlinson, Johann Vice President,Investor Relations Schloss, Adam R. Assistant Secretary Sell, Monica Assistant Secretary Stone, Paul President and Chief Executive Officer Timoerio, Ronald Senior Vice President,Procurement White, Randall Vice President,Labor and Employment Law The Hertz Corporation 8501 Williams Road Estero,FL 33928 The Hertz Corporation Agenda Item 8 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Hertz Corporation Agenda Item 8 Page 18 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 8 The Hertz Corporation [Applicant] Regency Hilltop Associates [Property Owners] Conditional Use Permit (Motor Vehicle Rentals) Address: 1940 Laskin Road, Suite 308 RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: All right, thank you. Agenda item #8, the Hertz Corporation for motor vehicle rental at 1940 Laskin Road. Is there a representative here? Please come forward. If you could just state your name for the record. Jimmie Williams: Good afternoon. My name is Jimmie Williams here on behalf of the Hertz corporation. George Alcaraz: Do you accept the conditions? Jimmie Williams: I do. Yes. George Alcaraz: Thank you. You may be seated. Jimmie Williams: Thank you. Dee Oliver: It's me. George Alcaraz: Okay. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, asked Ms. Oliver to speak on this project. Dee Oliver: The applicant is requesting a conditional use permit for motor vehicle rentals with an existing 2,400 square foot storefront. This unit is located within the Regency Hilltop Shopping Center along Laskin Road on property zoned B-2 in the community business district. The applicant proposes to keep no more than 10 vehicles for rent at any time on the site, the display areas are located in the far west portion of the shopping center. No automotive repair is proposed and staff is recommending a condition to prohibit that activity. The rental of box trucks, moving vans, trailers, heavy duty pickup trucks, are also prohibited at this site. The hours of operation are proposed 8:00 to 6:00 AM and PM Monday through Friday and 9:00 AM to 12:00 PM on Saturdays. There'll be no significant modification to the site or the exterior of the building. For the reason stated above, staff recommends approval of this application. The applicant is agreeable to the conditions listed, and so therefore we've placed it on the Consent Agenda. George Alcaraz: All right, thank you. Agenda item #9, please come forward for Pembroke North Associates for a tattoo parlor at 544 Independence Boulevard. Hi. Just state your name please. Cheryl Scott: Cheryl Scott. George Alcaraz: Did you accept the conditions? Cheryl Scott: I do. George Alcaraz: All right, thank you. You may be seated. Is there any opposition to this being placed on the consent agenda? Hearing none, I've asked Mr. Klein to read this item for the record. Robyn Klein: The applicant is requesting a conditional use permit in order to operate a tattoo parlor, specifically for permanent makeup known as microblading, within an existing beauty salon. The unit is located within the Pembroke Park Shops shopping center along with Independence Boulevard on property zoned B-2, community business district. The planning staff finds the application acceptable and the commission agrees. George Alcaraz: Thank you. The next item is agenda item #11 is there a representative today here? Madam Clerk: Mr. Alcaraz, they're with us via WebEx. George Alcaraz: Thank you. Madam Clerk: Calling Victoria Cozial. If you would pause two to three seconds while we unmute your audio feed and then state your name and if the application... Or the conditions applied to your application are acceptable. Victoria Cozial: This is Victoria Cozial and they are acceptable. George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none... Mr. Weiner to read this. Yes. David Weiner: Thank you, Mr. Alcaraz. This is a conditional use permit for a short term rental at 901 Pacific Avenue, Unit C. It is in the O-R district. We recommend approval and put it on the Consent Agenda. George Alcaraz: Thank you. The next item is agenda item #12 for Long Creek LLC, short term rental at 4005 Atlantic Avenue. Please come forward. Sorry, just state your name. Randall Tabor: Good afternoon. My name's Randall Tabor. I'm the representative. George Alcaraz: Are the conditions acceptable to you? Randall Tabor: Yes. George Alcaraz: All right. Thank you. You may be seated. Randall Tabor: Thank you. George Alcaraz: Is there any opposition of this item being placed on the Consent Agenda? Hearing none, I ask Commissioner Weiner to read this item for the record. David Weiner: Thank you, sir. This is another conditional use permit for a short term rental at 4005 Atlantic Avenue, Unit 218. It is in the O-R district and we have put it on the Consent Agenda. George Alcaraz: All right, thank you. Agenda item #13 for a short term rental at 425 21 st. Please come forward. Madam Clerk: Mr. Alcaraz, this applicant is also WebEx. Thomas Lapresti. If you would pause two to three seconds and then please state your name and if the conditions applied to your application are acceptable. Thomas Lapresti: Good afternoon. My name is Tom Lapresti and the conditions are acceptable. George Alcaraz: He said... Okay. Madam Clerk: He said "are." George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I ask again Mr. Weiner to read this item for the record. David Weiner: Thank you, Mr. Alcaraz. Request for conditional use permit for a short term rental at 425, 21st Street in the O-R district and we have put this on the Consent Agenda. George Alcaraz: Thank you. And our last Consent Agenda item is item #14 for short term rental at 515, 20th Street. Please come forward. Hi, you can just state your name for the record. Craig Dean: My name is Craig Dean. George Alcaraz: Thank you. Are the condition's acceptable to you? Craig Dean: Absolutely. George Alcaraz: Thank you. You can be seated. Craig Dean: Thanks. George Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing none again, asked Mr. Commission... I mean... Mr. Commissioner... Mr. Weiner. David Weiner: Thank you, Mr. Alcaraz. Again, a conditional use permit for a short term rental at 515 20th Street in the O-R district. And we have put this on the Consent Agenda. George Alcaraz: Thank you. Mr. Chair, that was the last Consent Agenda item. The Planning Commission places, the following applications on the Consent... items number#3, #4, #6, #7, #8, #9, #11, #12, #13, and #14. Jack Wall: Okay, thank you Mr. Alcaraz. Planning Committee: Second. Jack Wall: Well, he didn't motion. So that's... Planning Committee: You didn't motion? Jack Wall: No, he just stated it. No, thanks for trying. Do I have a motion to approve by consent items?#3, #4, #6, #7, #8, #9, #11, #12, #13 and #14? George Alcaraz: I'll make a motion. Jack Wall: Okay. David Weiner: Second. Jack Wall: And there's a second. Okay. Madam Clerk: Weiner. Jack Wall: Hearing a second, are there any Planning Commissioners that need to abstain from voting on these items? Okay. Hearing none, the motion was made by Mr. Alcaraz, the second by Mr. Weiner, is that right? Planning Committee: Yep. Jack Wall: Okay. Madam Clerk: Vote is open. By vote of 8 in favor, 0 against agenda items, #3, #4, #6, #7, #8, #9, #11, #12, #13, and #14 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar ABSENT Frankenfield AYE Horsley ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The total number of vehicles displayed for rent shall be limited to a total of 10 cars, SUVs, and small and medium pickup trucks. 2. No more than 10 vehicles for the purpose of renting shall be allowed on the site at any one time. Rental cars shall be located only in the area on the site that has been designated on the exhibit entitled, "Site Plan — Regency Hilltop Shopping Center—Virginia Beach, VA 23454", prepared by S.L. Nusbaum Realty Co., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The rental of box trucks, moving vans, trailers, and heavy duty pickup trucks are prohibited at this site. 4. 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. 5. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 6. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 7. No maintenance, auto repair, or service of motor vehicles shall be permitted on site. 8. All rental vehicles associated with this request shall not be detailed, washed, or cleaned on- site. 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 11. There shall be no outside audio speakers for any purpose. 12. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. B2 / \ 6 ' C:1 \ �� i CI---_:: ' R40 4",,,, - e R40\ \ \ \ \ \‘‘ -0. ,0 0 B'224..\ N 0 a., - \ \ . ‘.(), , co PM \d' , \ o .‘ ,.. \ 0 . \\ \ \1 \ , \ , Al 0 A. ,, 0 's , iR5p I- \ 00.\ / / co N Site w TW/- Att& F Property Polygons Eyes On You Artistry By Breona Au nice, LLC s 0 Zoning 1270 Diamond Springs Road, Suite 113 Building Feet 0 2040 80 120 160 200 240 D.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EYES ON YOU ARTISTRY BY BREONA AU'NICE, LLC [Applicant] DIAMOND SPRINGS SHOPPES ASSOCIATES, LLP [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1270 Diamond Springs Road, Suite 113 (GPIN 146820114). COUNCIL DISTRICT 9, formerly Kempsville MEETING DATE: July 5, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor specifically for the application of permanent makeup, known as microblading, within an existing 800 square-foot suite in the Diamond Springs Shoppes shopping center on Diamond Springs Road. The shopping center property is zoned B-2 Community Business District. Typically, services are planned to be offered by appointment only during business hours between 10:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. to 2:00 p.m. on Saturdays. At present, the applicant is anticipated as the only employee and, as a permanent makeup artist, will provide the microblading services. • Considerations: It is believed that the proposed use will be compatible with the other existing commercial businesses in the area and within the existing shopping center. The Diamond Springs Shoppes are part of a small commercial node in a primarily residential area; the application of permanent makeup is a type of personal service that is compatible with this type of development and proximity to residential areas. Prior to operation on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received two letters of opposition to this request, one of which stated concerns that additional adult uses would locate here following this approval and concerns of negative effects on their property value. • Recommendation: On June 8, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Eyes on You Artistry by Breona Au'nice, LLC Page 2 of 2 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site must be in accordance with the sign regulations of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Eyes on You Artistry by Breona Au'Nice, LLC1)B Agenda Item Property Owner Diamond Springs Shoppes Associates, LLP Planning Commission Public Hearing June 8, 2022 City Council District District 9, formerly Kempsville 6 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation �oort . -. l Pan 0 Approval I° Op r�\\ v 1 C, Staff Planner is Elizabeth Nowak -;--'' t6s Location 1270 Diamond Springs Road, Suite 113 GPIN 1, 146820114 �� - .....1.Site Size �oc0� �� 800 square feet aole F ( AICUZ c 4` *Ilk I ill Less than65dBDNL `'� o a Watershed ; 111114? =t ► ice c Chesapeake Bay Existing Land Use and Zoning District w Shopping center/ B-2 Community Business . - ; ; ,. 4 " - Surrounding Land Uses and Zoning Districts ', `' - . North4. \c y ~--� Shell Road ... ... • r ' .. z 4 ; Retail, office, single-family dwelling/B-2 •_ ' ''7 *‘� Community Business, R-40 Residential way t * t ' , �� ` ys,? South i r• \ , . • - : \ \ .Single-family dwelling/ R-5D Residential t % '� -'r• ,'s,- 3 `a East - AEA , . o.. .•f.. ,y *. f� Single-family dwelling/ R-40 Residential, R-5D -; of ,p 4.ssv . se �` ,, kriirs\; Residential s'�;� L ,tv, '�>` , 41, West A .: OP Diamond Springs Road v •` n ,. r Apartments, retail A-18 Apartment, B-2 f 'f Community Business Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor specifically for the application of permanent makeup, known as microblading, within an existing 800 square-foot suite in the Diamond Springs Shoppes shopping center on Diamond Springs Road. The shopping center property is zoned B-2 Community Business District. • Services are planned to typically be offered by appointment only. Regular business hours will be between 10:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m.to 2:00 p.m. on Saturdays • At present,the applicant is anticipated as the only employee and, as a permanent makeup artist,will provide microblading services. • The only exterior alteration to the building will be a wall sign. • Diamond Springs Shoppes has 109 parking spaces for the 19 commercial suites in the center,which meets the minimum parking requirements as set in Section 203(a)(33) of the Zoning Ordinance. w— OD 0 �, i�/ O CR40 a Zoning History . � R�0 # Request / 1 CUP(Truck Rentals)Approved 05/22/2012 ��//�$ n CUP(Religious Use)Approved 06/14/2005 � • REZ(R-5 to B-2)Approved 3 12 1985 j 2 REZ(B-2& I-1 to Conditional A-18)Approved / / 9,, _CY---- ,..___,.,,,,.. . 11/21/1983 g �� e° 3 CRZ(B-2& I-1 to A-18)Approved 11/22/2011 q.6 oo M e\ V� 4 CUP(Car Wash Facility)Approved 9/26/2006 8 16 4 a50 CUP(Auto Service Station)Approved 7/12/2005 Emmy 0 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 request for a Conditional Use Permit for a Tattoo Parlor, in Staff's opinion is acceptable.The use will be compatible with the other existing commercial businesses in the area and will be located within an existing shopping center.The Diamond Springs Shoppes are part of a small commercial node in a primarily residential area;the application of permanent makeup is a type of personal service that is compatible with this type of development and proximity to residential areas. As the proposed use is considered a normal shopping center commercial use,there is no anticipated traffic impact with the addition of this use to the strip commercial building. Available parking for the shopping center exceeds the minimum number of spaces required by the Zoning Ordinance,though is within the threshold of maximum parking for this size of development. In Staff's opinion, parking needs are adequately met for the shopping center and this additional use. Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 2 Prior to operation on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Chapter 23 mentions the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site must be in accordance with the sign regulations of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city, adjacent to the Burton Station Strategic Growth Area. One of the guiding development principles of the Suburban Area is the creation and maintenance of "Great Neighborhoods,"which are stable and sustainable,and supported by complementary non-residential uses. Enhancement of existing commercial centers is encouraged by the Comprehensive Plan through means of innovative products,services, and design provided to the neighborhoods in which they are located. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No historical or cultural resources are present on the site nor will be affected by this project. Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Diamond Springs Road 20,300 ADT1 32,700 ADT 1(LOS 2"D") No Change Anticipated 3 1 Average Daily Trips 2 LOS=Level of Service 3 Average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The Master Transportation Plan calls for a six lane major arterial with a right-of-way of 150 feet in the vicinity of this project. Diamond Springs Road is presently a four lane divided minor arterial; however,there are currently no Capital Improvement Projects scheduled for Diamond Springs Road in this area. Public Utility Impacts Water The site is currently connected to City water.There are existing 12-inch City water transmission mains on Diamond Springs Road and Shell Road. Sewer The site is currently connected to City sewer. There is an existing eight-inch City sanitary sewer gravity main along the intersection of Diamon Springs Road and Shell Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 9, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 22, 2022 and May 29, 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 May 23, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 2, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 19, 2022 and June 26, 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 June 20, 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 July 1, 2022. Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 4 Site Photos -, ._.,------ .„--.:.--„,•-•„.___.,,, k, ... ---,-.7.. 1 ..... - ,_ eigri-- . _ - . - &,..., v......,,,,,w,.. -_4 t.,-.•.,---:Ate, .; , . --,,L'Li. 1,,,__,IczAt:-S.;-;;•,..1.,-,4it-i.1,n.-.1'2.7 . • '-- . • ' . ' 7 .(i.'"-7,7'-2--:1:„....,_,t-'3•14.;;:r•-•;;A . .0 1 , -,-;- .' r iv•_„..41,.... ..,*,1,;-, •,. . - -: • -,.,- 44' 4--..-.,--- , .-!-., ' - -..,'7,:',. :• . :,`, 'r •,,,, 11%.... . ' ''''''' 11.,'Itt„... • •?4,,,• '. . 41:'' ' ' 4 * • ...7.,••', .47;:, • .'.• • , '," , 't .. i„...,:iiiti.,,ii..i.r.",..,..14.........ass;::.:K•,(4.44'11111.•,,,W.....ivet,;‘,..(,,..•••,...,_ .,...,,,,:tle, .. 6 '', , ';'•",.' ' "- :.-°I..- '. r . ' ''', _ 114.. .., - IAN Aral ;1__,..,..,--77,"2,••--4- r-' ,.'••il 1 _ # . — ....._. N.:,..-, , \ - • ---- __ ...„----- n rr t Cr- Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 5 0 'a 0 to a. (11 cr7t. z Internally Lit LED Channel Letter, Raceway Mounted e 'a.. SIDE VIEW . f + INSTALL LOCATION: ' 4 1 270 Diamond Spring Rd Ste 1 1 3 FRONT LINEAR LENGTH:20 ft SIGN DIMENSIONS:3.5 ft x 9 ft SIGN AREA:31 5 rqft • SIGN ELEVATION: 10 ft .�UL Electric Sign Certified ,/Installation 1 inch: 5.20 ft LED Lighting and Drivers ✓2-Year Sign Warranty •/County/City Permitinci $ 1550 This sign is intended to be installed in accordance UL CERTIFIED . with the requirements of Article 600 of the National ELECTRICAL SIGN Comm,DOES NO rataispitiotraistiastostpi e4uUpward Business Solutions f bats tottentlesalartanosastollar Electrical Code and/or other applicable local codes oc_A.•m,,, EaraseneasMMs t.Molla oalost>rtlrlaltiMill timil This includes grounding bonding t Jts/rsf ritnM �n�antams'e►srgs proper groandi and Dondi of the sign 1irhssslirK Lao OsrrllMMrl fD Client Name: Proof No: Date: Acceptance Signature EOY 003 04/29 D 11741 3133 Magic Hollow Blvd. Virginia Beach, VA 23463 v�wa Tel: (757)222-0224 Email: order@)upwardsigns.com BUSINESS 50LU1rION5 VEHICLE WRAPS www.UpwardSigns.com (D-z O l7Dq cu rD D c CL Z a� v r+ nu rD M Disclosure Statement Disclosure Statement 1113 Ci,y rf Virginia Bead Planning&Commanity 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 Name4je,c O 1110A,� i_L7_1i- i Does the applicant have a representative? 0 Yes No I iyIf yes,list the narni,91 the representative. t'41)A A./ / 4:_,VittUtt ti Is the applicant a corporation,pa rtnership,Lirsu,business,trust or an unincorporated business? Yes 0 No If yes,list the na les of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 7 Disclosure Statement Disclosure Statement VB Cizy c f Yv vitia Bern Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Be ch have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • if yes, dentify 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,i entify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • If yes,identify the firm and individual providing the service. yNo 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 5 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?[3 Yes 10 • If yes,identify the purchaser and purchaser's service providers. ✓ 2I ' Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement V3 tltyofV irginiiBead: Planning&Community Development 6. Does the applicant have a construction contra r in connection with the subject of the application or any business operating or to be operated on the property?ElYes o • 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?❑Yes No • If yes,identify the firm and indiv. al 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. i -._.„. Al.. 11/I, w"-nt Signatu,- ', r_ A ' 4. Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes ®No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY 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 chances as of ' Date 06/21/2022 Sig"atwa Eu� � NCGL!> ,I ® i _ -- -- Mot Nam Nowak 31 Pag ,. Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 9 Disclosure Statement Disclosure StatementNB City of Wyiria Borah Plannmg&Commmnity .,...+" Development Owner Disclosure Owner Name 1a4'vtov'4J rr 5 %f/3I74'5G, L(� ` 44,24 S 4, r Applicant Name A 1-C 0 V1 j j•-• i� �J Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?$1,Yes ❑No • if yes,list the names f all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • E-imu�, r lei.>*-' )'o_ . Tr E .�- c..n,.4 ��st,.�. T"oe t,iL • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) 4b # A u(- 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 Ul No • If yes,what is the name of the official or employee and what is the nature of the interest? 3-Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. RO'•i;fed 11 Ot 2020 5 I P a g e Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement cay of*Oda Faodt 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 financingl in connection with the subject of the application or any business operating or to be operated on the property? 8,1 Yes ❑No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future islet of the subject property? Si Yes 0 No ( ,1,c,> • If yes,identify the company and individual providing the service. 010e t's ft/ 1. •*- 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 Vb No • tf 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 4C1 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 NZNo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 141 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Ieidseriil09202J 6IPage Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement \?43 City ofVI,0i Iad,C 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?0 Yes ]No • If yes,identify the firm and individual providing legal the service. Owner S nature 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 Coundl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner ignature _f) �S. erg i & ,iy-a) Print Name and Title 3a , Date Revised 11.09.2020 7 I P a g e Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Eyes on You Artistry by Breona Au'Nice, LLC Agenda Item 6 Page 13 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 6 Eyes on You Artistry by Breona Au'nice, LLC [Applicant] Diamond Springs Shoppes Associates, LLP [Property Owner] Conditional Use Permit (Tattoo Parlor) Address: 1270 Diamond Springs Road, Suite 113 RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Okay. Thank you. So the next order business is the Consent Agenda, and I'm going to turn that over to our vice chair, Mr. Alcaraz, to run that portion of the meeting. George Alcaraz: Thank you, Mr. Chair. Today we have 10 items on the Consent Agenda. These items are recommended for approval by staff and the Planning Commission has concurred and there are no speakers signed up in opposition. George Alcaraz: Thank you. The next it item #6 for Eyes on You Artistry by Breona Au'nice, LLC at 1270 Diamond Springs Road for a tattoo parlor. Please come forward and state your name. Hi. Breona Ridgeway: Good morning. I'm Brianna Ridgeway representing Eyes on You Artistry by Breona Au'Nice. George Alcaraz: Are the conditions acceptable to you? Brianna Ridgeway: Yes. George Alcaraz: All right. Thank you. You may be seated. Brianna Ridgeway: Thank you. George Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing none... Sorry. David Weiner: Me. George Alcaraz: I've asked Mr. Weiner to read this item for the record. David Weiner: Thank you, Mr. Alcaraz. The applicant is requesting a conditional use permit to operate a tattoo parlor specifically for the application of permanent makeup known as microblading. Services are planned to typically be offered by appointment only. We recommend approval and put it on the Consent Agenda. George Alcaraz: Thank you. Mr. Chair, that was the last Consent Agenda item. The Planning Commission places, the following applications on the Consent... items number#3, #4, #6, #7, #8, #9, #11, #12, #13, and #14. Jack Wall: Okay, thank you Mr. Alcaraz. Planning Committee: Second. Jack Wall: Well, he didn't motion. So that's... Planning Committee: You didn't motion? Jack Wall: No, he just stated it. No, thanks for trying. Do I have a motion to approve by consent items? #3, #4, #6, #7, #8, #9, #11, #12, #13 and #14? George Alcaraz: I'll make a motion. Jack Wall: Okay. David Weiner: Second. Jack Wall: And there's a second. Okay. Madam Clerk: Weiner. Jack Wall: Hearing a second, are there any Planning Commissioners that need to abstain from voting on these items? Okay. Hearing none, the motion was made by Mr. Alcaraz, the second by Mr. Weiner, is that right? Planning Committee: Yep. Jack Wall: Okay. Madam Clerk: Vote is open. By vote of 8 in favor, 0 against agenda items, #3, #4, #6, #7, #8, #9, #11, #12, #13, and #14 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Bradley . AYE Coston , AYE . Cuellar ABSENT Frankenfield AYE Horsley ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site must be in accordance with the sign regulations of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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. From: Doug Glass To: Elizabeth D.Nowak Subject: Accela Record 2022-PCCC-00090 Conditional Use Permit(Tattoo Parlor)Diamond Springs Shoppes 1270 Diamond Springs Rd Suite 113 Date: Wednesday,June 1,2022 11:51:24 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: I would like to express my strong view that a Conditional Use Permit NOT be granted for a tattoo parlor at 1270 Diamond Springs Rd Suite 113. First, there are many parlors in the Virginia Beach area. The fact that they need a conditional use permit shows that it is a business best kept from neighborhoods. Sajo Farms is a wonderful place to live and bring up a family. There are many children here. This type of business has no place being in proximity to them. Secondly, once a business like this gets established it opens the door to other adult businesses which also have no place near a neighborhood. Thirdly, many quality businesses do not want to be associated in the same shopping area as a tattoo parlor or another adult oriented business. This tattoo parlor will be the downfall of Diamond Springs Shoppes and more importantly make Sajo Farm Subdivision a less desirable place to live. If you honestly look at this situation, I believe you would not want this business near your home or next to your neighborhood. Please do not misunderstand; I have nothing against people who have tattoos. Most of my family has them! I believe there are proper places for tattoo parlors; however adjacent to Sajo Farm Subdivision is not one of them. Thank you for your time and I hope you will do the right thing and rule against this conditional use permit. Sincerely, James D Glass 5585 Conservatory Ave From:Don Waldy<waldydm@gmail.com> Sent:Friday,June 3,2022 9:31 AM To:Madison B.Harris<MBHarris@vbgov.com> Subject:Application 1270 Diamond Springs,Road Suite 113,Tattoo Parlor 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. We are opposed to the approval of this application. Eileen and Don Waldy 5568 Memorial Drive Virginia Beach,VA 23455-3797 I0o . 0 . N I I Ej t ( rly0e I Ng 1 Q _---- 11 1 I ‘- _,---- I SO I LRI \ , /----- 11 \ \ ,-- _ • , _.... CU _ . 1 N: ' w littli L-I Eiji - r. co t Ce tIPC10—xi ,1 . --a eal-CA -0 -- 0 cl) ' --------- -0 641U- . 3, 0) c/) CJ C .. -0 . \*. Ni ED IE: i 1 - w c .c w D 0. 61 I CC -a , c------ -____ ' - Tr / 13-MA01110a/ e,tULlTh" in / ----------______ 1 %itiepi -id ePUI V / , '--------______\,.., i( : c=j1E1-Ji Ce ___n_ -L___• E . trec / a) tr-7 ,47 P_BOILUOIAI e;nUlliti a 0 cn >, / 0 . icaTri ceti a .c ii ,r, ,_.7 1----\ r--• .,-2 2 g V) E7 r' 0 - 0 Li- 1- t I- -1_, w CL N CO • ----- 01 u",1 • 0 , IS•1-3 '1_ C W 0 0 I *He. 5 ---- X in I-----r . 4N r.,0-v.s yyL. T i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHERYL SCOTT [Applicant] PEMBROKE NORTH ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 544 Independence Boulevard (GPIN 1477485260). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: July 5, 2022 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor specifically for the application of permanent makeup known as microblading. The use will occur within a private room within an existing beauty salon at the Pembroke Park Shoppes Shopping Center. The hours of operation of the microblading use will mimic those of the salon of 10:00 am to 6:00 p.m., Monday through Sunday. There is one employee anticipated and no new signage is proposed. • Considerations: The proposed request is an acceptable use at this location as the property is surrounded by commercial properties. No additional parking is required within the shopping center. The applicant is not proposing any new signage. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 8, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Cheryl Scott Page 2 of 2 4. All signage on the site shall be in accordance with the sign regulations of the Zoning Ordinance and all signage on the door and windows of this unit shall be removed unless deemed in compliance with the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 - W „k R..tie Applicant Cheryl Scott Agenda Item "\i/ Property Owner Pembroke North Associates, LLC �' Planning Commission Public Hearing June 8, 2022 City Council District District 9,formerly Bayside 9 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Y/i,19ins °" Approval s hey , - • \ 0ki ilStaff Planner Ciover west / .�Q Michaela McKinney i / f m t,1 i F a 7/ f/I/I, Location J 4 1 Be^netI..e �in�ale sue., di 544 Independence Boulevard 3 cip, if:_.,j j GPIN 4,ke, 1477485260 `a"e 1___ Site Size Valley Forge Lane R..� 7 • Crown Point lane �b 33,078 square feetII 7 Corporation Lane AICUZ earn Less than 65 dB DNL , Watershed Chesapeake Bay Existing Land Use and Zoning District �: e - Shopping Center/B-2 Community Business Surrounding Land Uses and Zoning Districts North „ `� Church/R-7.5 Residential 'f _,, _ South ° __ Single-family dwelling / R-7.5 Residentialf• re} vt, East 1 . r iasilt v 1 f King George Road ' Townhouses /A-12 Apartment r . - = r .r, „ West ,., Independence Boulevard - • }� Open space area, single-family dwellings/ R-7.5 • Residential Cheryl Scott Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit in order to operate a Tattoo Parlor specifically for permanent makeup, known as microblading,within an existing beauty salon. The unit is located within the Pembroke Park Shoppes Shopping Center along Independence Boulevard on property zoned B-2 Community Business District. • Microblading will take place in a small private room within the hair salon. • According to the applicant, one employee is anticipated. • The typical hours of operation are proposed as 10:00 a.m. to 6:00 p.m., Monday through Saturday. • No exterior changes to the building are proposed, as well as no new signage. /./t�I SQ �° S ] i & doll Q J6 R7.5 Al __ strew • /� Zoning History ° j WO # Request tt z r y Li �►��'' 1 CRZ(0-2 to A-12)Approved 08/16/2019 irs 2 CRZ(AG-2 to Conditional B-2)Approved 07/07/2009 R7 ate mai Rl p o '. 3 D. mut - °DIc 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 request for a Conditional Use Permit for a Tattoo Parlor, in Staffs opinion, is acceptable given that the use will be compatible with the other existing commercial businesses in the area.The Tattoo Parlor will be for the application of permanent makeup, rather than traditional tattooing. Prior to operation on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Chapter 23 mentions the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. The Tattoo Parlor use is considered to be a compatible one within the shopping center. Staff does not anticipate a significant increase in traffic volume with the addition of this use into the existing beauty salon and shopping center. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Cheryl Scott Agenda Item 9 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site shall be in accordance with the sign regulations of the Zoning Ordinance and all signage on the door and windows of this unit shall be removed unless deemed in compliance with the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources associated with this site as it is fully developed with a shopping center and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 52,500 ADT1 55,500 ADT 1(LOS 3"D") No Change Anticipated 'Average Daily Trips 2 average daily trips are not 3 LOS=Level of Science. expected to change. Cheryl Scott Agenda Item 9 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Boulevard in the vicinity of this application is considered a six-lane major urban arterial. The MTP proposes an eight-lane facility within a 150-foot right-of-way. There are no proposed CIP projects for this portion of Independence Blvd. 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 May 9, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 22, 2022 and May 29, 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 May 23, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 2, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,June 19, 2022 and June 26, 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 June 20, 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 July 1, 2022. Cheryl Scott Agenda Item 9 Page 4 Existing Site Layout ,/ ' p ,te a , : : ' ..' ' 1 41 i / �' rhsd ale St 1 ,,,,�_ INDERE 1 D NCir‘ '`� HINSD LE to < . t._ r ig ci tat .11 aCO 1 17 lei If C ' fill ii I 4 1 I ,. a iv . f , ._ ... C, i d : lib a t i 25 aaj - 1 ?c• inamt- 0 ;' 1 i I i flifil , t". R i Cheryl Scott Agenda Item 9 Page 5 Site Photos -1111.11111cir 544 • 90,100" - • • ..i�. • _ - i y •• �- a- ry _IL • Cheryl Scott Agenda Item 9 Page 6 Disclosure Statement 1.1.00000.1111111.1.101.4041 . Disclosure Statement Co,ofi.v6.*NA 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 Disdosure 1 Applicant Name GIl e t^1 1 SC °1 Does the applicant have a representative? 0 Yes ®No • If yes.list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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(ill)there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1(P a g e Cheryl Scott Agenda Item 9 Page 7 Disclosure Statement Disclosure Statement rv.avr.:.a Planning&Community tkvelopment iI 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 EN 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?0 Yes .4E 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 r No • If yes,identify the purchaser and purchaser's service providers. gc Revised 11.09.2020 2 I p a Cheryl Scott Agenda Item 9 Page 8 Disclosure Statement I — Disclosure Statement Planning&Community I)evelopment 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property'0 Yes ®No • If yes,identify the company and Individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes At 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 gt,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. Ch 111 Applicant Sign ure Owns Print Name a Title 1 to zZ Date Is the applicant also the owner of the subject property? 0 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 Coundl meeting ® s pertainsDate Sr eatcrc `.. � � --`p g 6/2ti�22 s /Lr�.¢f.Cc. . /��:C/l that to the applications on "o than es as of "1-7 "inn"""e !Michaela D. McKinney 3IPage urvr:rd 11 09 2020 Cheryl Scott Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement rri av►s.aP 11••A Planning&Community Development Owner Disclosure t �/`,� / Owner Name 1 L�fo rd4 ALV4 4s5A-#4t-1 es L1 Applicant Name Citify/ is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?CJ Tes ❑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 Owner. (Attach a list if necessary) Hinie 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 EirNo • 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 4 2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Wage Revised 11 09.2020 i - l Cheryl Scott Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement 11/4B f ire 4/.Q+i,e•,d+ Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralltatlon,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 • t yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property, ❑Yes 2/No ▪ If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes L!S tVo • 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?0 Yes 'No • If yes,identify the firm and individual providing the service. r S. 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 contractorp connection with the subject of the application or any business operating er to be operated on the property?0 Yes le"No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent t in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Lt3"lrio • If yes,identify the firm and individual providing the service. 61Pagc Cheryl Scott Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement n„1NW.a«A 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?0 Yes t�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 Sta:ement 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/ ei i;4C J, /hilt Cli G r �1�//xl�c�l Print Name and Tide I I. J ix— Date Cheryl Scott Agenda Item 9 Page 12 Members List Frederick J.Napolitano Trust 1 r Fredtr+c-k T Net r.1`�""�-) Emilio Olivieri Family Company No.1,L.L.C. (Tahn Oil v!er'� Richard D.Guy Revocable Trust Agreement dated July 11,2006(2ch6rd b 6"1) Shenandale Associates,L.L.C. £ Vlnt viu'1-) Blue Ridge Associates of Virginia,L.L.C. (Freekricic J AfIcl11-4";) Cheryl Scott Agenda Item 9 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. Cheryl Scott Agenda Item 9 Page 14 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 9 Cheryl Scott [Applicant] Pembroke North Associates, LLC [Property Owners] Conditional Use Permit (Tattoo Parlor) Address: 544 Independence Boulevard RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: All right, thank you. Agenda item #9, please come forward for Pembroke North Associates for a tattoo parlor at 544 Independence Boulevard. Hi. Just state your name please. Cheryl Scott: Cheryl Scott. George Alcaraz: Did you accept the conditions? Cheryl Scott: I do. George Alcaraz: All right, thank you. You may be seated. Is there any opposition to this being placed on the consent agenda? Hearing none, I've asked Mr. Klein to read this item for the record. Robyn Klein: The applicant is requesting a conditional use permit in order to operate a tattoo parlor, specifically for permanent makeup known as microblading, within an existing beauty salon. The unit is located within the Pembroke Park Shops shopping center along with Independence Boulevard on property zoned B-2, community business district. The planning staff finds the application acceptable and the commission agrees. George Alcaraz: Thank you. The next item is agenda item #11 is there a representative today here? Madam Clerk: Mr. Alcaraz, they're with us via WebEx. George Alcaraz: Thank you. Madam Clerk: Calling Victoria Cozial. If you would pause two to three seconds while we unmute your audio feed and then state your name and if the application... Or the conditions applied to your application are acceptable. Victoria Cozial: This is Victoria Cozial and they are acceptable. George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none... Mr. Weiner to read this. Yes. David Weiner: Thank you, Mr. Alcaraz. This is a conditional use permit for a short term rental at 901 Pacific Avenue, Unit C. It is in the O-R district. We recommend approval and put it on the Consent Agenda. George Alcaraz: Thank you. The next item is agenda item #12 for Long Creek LLC, short term rental at 4005 Atlantic Avenue. Please come forward. Sorry, just state your name. Randall Tabor: Good afternoon. My name's Randall Tabor. I'm the representative. George Alcaraz: Are the conditions acceptable to you? Randall Tabor: Yes. George Alcaraz: All right. Thank you. You may be seated. Randall Tabor: Thank you. George Alcaraz: Is there any opposition of this item being placed on the Consent Agenda? Hearing none, I ask Commissioner Weiner to read this item for the record. David Weiner: Thank you, sir. This is another conditional use permit for a short term rental at 4005 Atlantic Avenue, Unit 218. It is in the O-R district and we have put it on the Consent Agenda. George Alcaraz: All right, thank you. Agenda item #13 for a short term rental at 425 21 st. Please come forward. Madam Clerk: Mr. Alcaraz, this applicant is also WebEx. Thomas Lapresti. If you would pause two to three seconds and then please state your name and if the conditions applied to your application are acceptable. Thomas Lapresti: Good afternoon. My name is Tom Lapresti and the conditions are acceptable. George Alcaraz: He said... Okay. Madam Clerk: He said "are." George Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I ask again Mr. Weiner to read this item for the record. David Weiner: Thank you, Mr. Alcaraz. Request for conditional use permit for a short term rental at 425, 21st Street in the O-R district and we have put this on the Consent Agenda. George Alcaraz: Thank you. And our last Consent Agenda item is item #14 for short term rental at 515, 20th Street. Please come forward. Hi, you can just state your name for the record. Craig Dean: My name is Craig Dean. George Alcaraz: Thank you. Are the condition's acceptable to you? Craig Dean: Absolutely. George Alcaraz: Thank you. You can be seated. Craig Dean: Thanks. George Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing none again, asked Mr. Commission... I mean... Mr. Commissioner... Mr. Weiner. David Weiner: Thank you, Mr. Alcaraz. Again, a conditional use permit for a short term rental at 515 20th Street in the O-R district. And we have put this on the Consent Agenda. George Alcaraz: Thank you. Mr. Chair, that was the last Consent Agenda item. The Planning Commission places, the following applications on the Consent... items number#3, #4, #6, #7, #8, #9, #11, #12, #13, and #14. Jack Wall: Okay, thank you Mr. Alcaraz. Planning Committee: Second. Jack Wall: Well, he didn't motion. So that's... Planning Committee: You didn't motion? Jack Wall: No, he just stated it. No, thanks for trying. Do I have a motion to approve by consent items?#3, #4, #6, #7, #8, #9, #11, #12, #13 and #14? George Alcaraz: I'll make a motion. Jack Wall: Okay. David Weiner: Second. Jack Wall: And there's a second. Okay. Madam Clerk: Weiner. Jack Wall: Hearing a second, are there any Planning Commissioners that need to abstain from voting on these items? Okay. Hearing none, the motion was made by Mr. Alcaraz, the second by Mr. Weiner, is that right? Planning Committee: Yep. Jack Wall: Okay. Madam Clerk: Vote is open. By vote of 8 in favor, 0 against agenda items, #3, #4, #6, #7, #8, #9, #11, #12, #13, and #14 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar ABSENT Frankenfield AYE Horsley ABSENT Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site shall be in accordance with the sign regulations of the Zoning Ordinance and all signage on the door and windows of this unit shall be removed unless deemed in compliance with the Zoning Ordinance. 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. L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE 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 ************************* CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/21/2022 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L R T I 0 C A DNC MOOL O CNY L 0 0 U W S HCE E M S S EOE I H R Y B S E RNN CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Robert J.Tajan, Director Carolyn A.K.Smith. Planning Administrator II. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV-V CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A-E F. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y 1. INFORMAL and FORMAL SESSIONS June 7,2022 2. SPECIAL FORMAL SESSION APPROVED 9-0 Y Y Y Y Y Y A Y Y Y June 14,2022 B S T A N E D G. MAYOR'S PRESENTATIONS 1. 60TH ANNIVERSARY AWARDS Frank Drew C.Mac Rawls 2. RESOLUTION IN RECOGNITION Ronald D.Agnor—Real Estate Assessor H. PUBLIC COMMENT 1. PLASTIC BAG TAX 18 SPEAKERS (Requested by Council Member Tower) I. PUBLIC HEARING 1. PROPOSED LEASE OF CITY-OWNED 1 SPEAKER PROPERTY 205 4th Street and 400 Atlantic Avenue CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/21/2022 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L R T I 0 C A DNC MOO L O C N Y L 0 0 U W S H C E E M S S E OE I H R Y B _ S E R N _ N ADD ON a. Resolution to APPOINT Sue Cunningham to ADDED 9-0 Y Y Y Y A Y Y Y Y Y the position of Real Estate Assessor B S T A N E D b. Resolution re compensation of the City Real ADDED 9-0 Y Y Y Y A Y Y Y Y Y Estate Assessor B S T A N E D K.1. Ordinance to AUTHORIZE the City Manager to DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y EXECUTE a lease of City-Owned Property at JULY 5,2022,BY 4th Street and Atlantic Avenue with Ocean Water CONSENT LLC for one (1) year, with four (4) one-year renewal options re overflow parking K.2. Ordinance to INCREASE and REALIGN ADOPTED,BY 10-0 Y Y Y Y Y YYYY Y certain parking fees for implementation of CONSENT a Resort Area Mobility Plan(RAMP)re operation,infrastructure replacement, and maintenance K.3. Ordinance to PROVIDE direction to the City DEFERRED 10-0 Y Y Y Y Y Y Y Y Y Y Manager re individual assistants for City INDEFINITELY Council Members (Requested by Council Members Henley and Moss) K.4. Ordinance to AWARD a $5,000 Community ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Services Micro-Grant to New Vision Youth Services Inc. re support their Youth Uplift Project Expansion II (Requested by Council Member Berlucchi) K.5. Ordinances re Compensation to City Council ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Appointees effective July 1,2022: CONSENT (Requested by the City Council) a. City Manager b. City Attorney c. City Clerk d. City Auditor CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/21/2022 PAGE: 3 B AGENDA L R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L R T I 0 C A DNC MOOL O C N Y L 0 0 U W S T HCEEM S S EOE I H R Y B S E R N N K.6. Ordinance to EXTEND the date for satisfying ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y the conditions re closing a street dedication CONSENT adjacent to Norfolk&Southern Corp.right- of-way and a private road northeast of Tolliver Road for DHW Joint Venture,L.L.C. K.7. Ordinance to APPOINT three(3)viewers for ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y one-year terms beginning July 1,2022,re view CONSENT each street or alley proposed to be closed K.8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of: a. City-Owned Property known as Treasure Canal, ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y located at the rear of 2237 Leeward Shore Drive CONSENT re maintain existing pier walkway and pier platform, and to construct and maintain a covered boat lift DISTRICT 8 (formerly District 6-Beach) b. City Property known as Lake Rudee, located ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y adjacent to property owned by Joseph J. CONSENT Lamontagne re construct and maintain rip- rap,wood open sided boathouse,wood pier, wood wharf, and wood pier DISTRICT 5 (formerly District 6-Beach) K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y S80,000 of American Rescue Plan Act(ARPA) CONSENT funding from the Commonwealth to the FY 2021-22 Department of Human Services Operating Budget re information technology infrastructure K.10. a. Resolution to APPOINT Sue Cunningham to ADOPTED,BY 9-0 Y Y Y Y A Y Y Y Y Y the position of Real Estate Assessor CONSENT B S T A N E D b. Resolution re compensation of the City Real ADOPTED,BY 8-1 YYYY A NY Y Y Y Estate Assessor CONSENT B S T A N E D L.1. T-MOBILE CAMPUS EAST COMMUNITY APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y ASSOCIATION, INC for a Modification of MODIFIED,BY Conditions re communication tower at 5642 CONSENT Campus Drive DISTRICT 4(formerly District 2-Kempsville) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/21/2022 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L R T I 0 C A D N C MO 0 L O C N Y L 0 O U W S T H C E E M S S E OE I H R Y _ B S E R N N L.2. AUTOBELL CAR WASH,LLC/ APPROVED/ 10-0 Y Y Y Y Y YYY Y Y BRENNEMAN FARM RETAIL CONDITIONED, ASSOCIATES,LLC for a Conditional Use BY CONSENT Permit re develop car wash facility at 4577 South Plaza Trail DISTRICT 1(formerly District 2-Kempsville) L.3. SUITE MANAGEMENT FRANCHISING, APPROVED/ 10-0 Y Y Y Y Y YYY Y Y LLC/HILLTOP SQUARE INVESTORS, CONDITIONED, LLC for a Conditional Use Permit re tattoo BY CONSENT parlor at 550 First Colonial Road,Suite 23C DISTRICT 6(formerly District 6-Beach) L.4. Ordinance to ADD Section 209.5, DELETE DEFERRED 10-0 Y Y Y Y Y YYY Y Y Section 242.1 and AMEND Section 901 of the INDEFINITELY, City Zoning Ordinance(CZO)re tattoo parlors BY CONSENT and body piercing establishments as permitted uses in B-2 Zoning(Requested by Vice Mayor Wilson and Council Member Berlucchi) M. APPOINTMENTS RESCHEDULED B Y CO N SENS U S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORM WATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/21/2022 PAGE: 5 B E AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L R T I O C A DNC MOO L 0 CNYL 0 OUWS T HCE E M S S EOE I H R Y B S E RNN GREEN RIBBON COMMITTEE Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Courtney White- Represents High School Student Juliette Deley- Represents High School Student 1 Year Term 7/1/2022-6/30/2023 HEALTH SERVICES ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Dr.Alveta Green 3 Year Term 6/21/2022-5/31/2025 HISTORICAL REVIEW BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Bernice Pope Unexpired Term thru 10/31/2022 +3 Year Term 11/1/2022- 10/31/2025 STOP Inc. Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Vince Medina 5 Year Term 6/21/2022-5/31/2027 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 9:05 PM