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HomeMy WebLinkAbout7-12-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL Qyt��•B MAYOR ROBERT M. "BOBBY"DYER,At Large c'y. VICE MAYOR ROSEMARY WILSON,At Large 4 MICHAEL F.BERLUCCHI,Rose Hall-District 3 LINWOOD O.BRANCH,Lynnhaven-District S BARBARA M.HENLEY,Princess Anne-District 7 U ` `�' Sc N.D. "ROCKY"HOLCOMB,Kempsville-District 2 • :" VACANT,Bayside-District 4 `+.r JOHND.MOSS,At Large `of o,,, AARONR.ROUSE,At Large GUYK.TOWER,Beach-District 6 SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES BUILDING 3(FORMERLY BUILDING 1) CITY MANAGER-PATRICKA.DUHANEY 2403 COURTHOUSE DRIVE CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 CITY ASSESSOR-SUE CUNNINGHAM PHONE:(757)385-4303 CITY AUDITOR-LYNDON S.REMIAS July 12,2022 FAX(757)385-5669 CITY CLERK—AMANDA BARNESE-MAIL:CITYCOUNCIL@vbgov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -City Council Chamber- 1:00 PM A. MILITARY AVIATION MUSEUM Dr. Glenn R. Carwell B. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1:30 PM James B. (Jimmy)Wood, Chair C. 5/31 MEMORIAL COMMITTEE UPDATE 2:15 PM Dr. Larry Schooler,Director—Kearns&West Members of the 5/31 Memorial Committee II. CITY MANAGER'S BRIEFING 3:00 PM A. TIDEWATER COMMUNITY COLLEGE (TCC)HOTEL UPDATE Taylor V. Adams,Deputy City Manager III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 PM IV. CITY COUNCIL AGENDA REVIEW 3:30 PM V. INFORMAL SESSION -City Council Chamber- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION li C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL N IL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 5,2022 G. MAYOR'S PRESENTATION 1. 60a'ANNIVERSARY AWARDS Tom Leahy H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services I. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE Crown Castle Fiber, LLC Vero Fiber Networks, LLC 2. PROPOSED INCREASE TO MAXIMUM RATES FOR TAXICABS J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to GRANT Nonexclusive Franchise Agreements for Telecommunication Services: a. Crown Castle Fiber, LLC b. Vero Fiber Networks, LLC 2. Ordinance to AMEND City Code Section Chapter 23,Article II re noise(Requested by Council Members Tower and Moss) (Deferred from June 7, 2022) 3. Ordinance to REPEAL Section 36-73 and AMEND Section 36-172 of the City Code re taxicabs (Requested by Vice Mayor Wilson) 4. Resolution to DIRECT the City Manager to WITHDRAW his letter (dated May 16, 2022) withdrawing the City from the Master Agreement with Hampton Roads Economic Development Alliance(HREDA)re regional economic development 5. Resolution to SUPPORT the City's 2022 Project Applications to the Virginia Department of Transportation(VDOT) SMART SCALE Program 6. Ordinance to DONATE a surplus fire engine and equipment to the Alicia Volunteer Fire Department in Alicia,Arkansas 7. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 donation from AARP Virginia to the FY 2022-23 Parks and Recreation Operating Budget re reimburse for some of the costs associated with the FitLot Dedication and Fun Day event b. $5,722,478 in State revenue to the FY 2022-23 School Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022-23 Schools Categorical Grants Fund c. $101,640 In Lieu of Park Reservation from the Prosperity at the Pines Subdivision to the CIP#100320, Parks/Special Use Facility Development and Renovations III L. PLANNING 1. CRAIG M. & KRIS C.KIRBY for a Street Closure re 563 square feet of an unimproved alley adjacent to 631 Vanderbilt Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 2. VICTORIA KOZIOL for a Conditional Use Permit re short term rental at 901-C Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 3. LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 218 DISTRICT 6(Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. THOMAS C. LOPRESTI for a Conditional Use Permit re short term rental at 425 21' Street DISTRICT 6(Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. CRAIG & APRIL DEAN for a Conditional Use Permit re short term rental at 515 20th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and 1-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from May 17, 2022) RECOMMENDATION: APPROVAL M. 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 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE 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 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************************** 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.comigoveim ent;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 TCheliusgvbgov.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=ef3bdce56b8353f31 f8b2078b 1 a83d4b4 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 12, 2022. I. CITY COUNCIL'S BRIEFINGS - City Council Chamber- 1:00 PM A. MILITARY AVIATION MUSEUM Dr. Glenn R. Carwell B. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1:30 PM James B. (Jimmy) Wood, Chair C. 5/31 MEMORIAL COMMITTEE UPDATE 2:15 PM Dr. Larry Schooler, Director—Kearns & West Members of the 5/31 Memorial Committee II. CITY MANAGER'S BRIEFING 3:00 PM A. TIDEWATER COMMUNITY COLLEGE (TCC) HOTEL UPDATE Taylor V. Adams, Deputy City Manager III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 PM IV. CITY COUNCIL AGENDA REVIEW 3:30 PM V. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 5, 2022 G. MAYOR'S PRESENTATION 1. 60th ANNIVERSARY AWARDS Tom Leahy H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services td2) ( .as r `GCS''+o ,, REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE AGREEMENTS FOR THE USE OF CITY RIGHTS-OF-WAY The City of Virginia Beach has received two proposals for non-exclusive franchise agreements to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing and maintaining network facilities for telecommunications services within and through the City. Copies of the full text of the proposed ordinances are on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing.The right to reject any and all bids is hereby expressly reserved. Further information,including copies of the proposed franchise agreements,may be obtained by calling the Department of Information Technology at(757)385-1381. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber,2.Floor at 2403 Courthouse Drive(Old City Hall),Building 3,Municipal Center,Virginia Beach,Virginia on July 12,2022 at 6:00 p.m.,and after reading of the bids,the Council will either proceed with the consideration of the ordinances awarding the aforesaid franchise agreements or will defer the matters to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY,JULY 8,2022,AT 5:00 P.M. 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://vbguv.webex.comivbgu,utistageig.Uia) MTI D=ef3bdce56b8353f31f8b2078b1a83d4b4 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on July 12,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,June 26 and July 3,2022 I. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE Crown Castle Fiber, LLC Vero Fiber Networks, LLC 2. PROPOSED INCREASE TO MAXIMUM RATES FOR TAXICABS I 5 'SF NOTICE OF PUBLIC HEARING On July 12,2022,at 6:00 p.m.,in the Council Chamber, 2^, Floor at 2403 Courthouse Drive (Old City Hall), Building 3, Municipal Center,Virginia Beach,Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of Crown Castle Fiber LLC to be granted a nonexclusive franchise agreement to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for communications services. Any questions concerning this matter should be directed to the Department of Information Technology at 757- 385-1381. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303;Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). 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/vbgovionstage/g.ohp? MTI D=ef3bdce56b8353f31f8b2078b 1a83d4 b4 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on July 12,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,July 3,2022 44;r,�.�Qi.. fob (1412 t' `se4�9 .. �'e6* �y*a�3A"bKJb= �i NOTICE OF PUBLIC HEARING On July 12,2022,at 6.'00 p.m.,in the Council Chamber, 2n° Floor at 2403 Courthouse Drive (Old City Hall), Building 3, Municipal Center,Virginia Beach,Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of Vero Fiber Networks,LLC to be granted a nonexclusive franchise agreement to use and occupy the City's streets and public rights-of-way for the purposes of constructing,installing,and maintaining network facilities for communications services. Any questions concerning this matter should be directed to the Department of Information Technology at 757- 385-1381. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303;Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). 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.we bex.com/vbgov/onstage/g.oho? MTI D=ef3bdce56b8353f31f8b2O78b1a83d4b4 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on July 12,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,July 3,2022 a 1 J�y:�dd . 1i,I Lt=-:A' i wtkv* PUBLIC NOTICE NOTICE OF PROPOSED INCREASE TO MAXIMUM RATES FOR TAXICABS The City Council of Virginia Beach,Virginia, at its Formal Session on Tuesday,July 12, 2022, at 6:00 p.m. in the City Council Chamber of City Hall, will hold a public hearing on a proposed fare increase for taxicabs. Currently, City Code § 36- 172(a)(1)provides that the maximum rate for the first one-eighth of a mile or fraction thereof (the pickup fee) is $3.25; the proposed increase would raise that amount to $6. A draft of the proposed ordinance is on file with the City Clerk. (� This hearing is open to the public,and all (.. 1 interested citizens will have an opportunity III to be heard.Individuals desiring to provide written comments may do so by contacting A 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/vbgov/ons tape/g.oh o?MTI D=ef3bdce5648353 f31f8b2078b1a83d4b4 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 12,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Pilot:Saturday,July 2,2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to GRANT Nonexclusive Franchise Agreements for Telecommunication Services: a. Crown Castle Fiber, LLC b. Vero Fiber Networks, LLC 2. Ordinance to AMEND City Code Section Chapter 23,Article II re noise(Requested by Council Members Tower and Moss) (Deferred from June 7, 2022) 3. Ordinance to REPEAL Section 36-73 and AMEND Section 36-172 of the City Code re taxicabs (Requested by Vice Mayor Wilson) 4. Resolution to DIRECT the City Manager to WITHDRAW his letter (dated May 16, 2022) withdrawing the City from the Master Agreement with Hampton Roads Economic Development Alliance(HREDA)re regional economic development 5. Resolution to SUPPORT the City's 2022 Project Applications to the Virginia Department of Transportation(VDOT) SMART SCALE Program 6. Ordinance to DONATE a surplus fire engine and equipment to the Alicia Volunteer Fire Department in Alicia, Arkansas 7. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 donation from AARP Virginia to the FY 2022-23 Parks and Recreation Operating Budget re reimburse for some of the costs associated with the FitLot Dedication and Fun Day event b. $5,722,478 in State revenue to the FY 2022-23 School Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022-23 Schools Categorical Grants Fund c. $101,640 In Lieu of Park Reservation from the Prosperity at the Pines Subdivision to the CIP #100320, Parks/Special Use Facility Development and Renovations III �GN 1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Granting a Nonexclusive Franchise Agreement to Crown Castle Fiber LLC to Install, Operate and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of- Way MEETING DATE: July 12, 2022 • Background: Crown Castle Fiber LLC ("Crown Castle") currently builds and operates fiber networks and related communication services in the City of Virginia Beach pursuant to a Temporary Nonexclusive Revocable License Agreement ("License"). The License was executed on September 5, 2007 between the City of Virginia Beach ("City") and NextG Networks Atlantic, Inc., a predecessor in interest to Crown Castle, and expires on September 5, 2022. Crown Castle desires to continue utilizing the City's public streets and rights-of-way to install, operate and maintain a fiber network and provide related communications services. Crown Castle is therefore seeking to enter into a nonexclusive franchise agreement ("Franchise") with the City. • Considerations: The term of the Franchise will be effective on September 6, 2022 and will be for 10 years. The term will automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the ordinance. • Public Information: A solicitation for bids was advertised on June 26, 2022 and on July 3, 2022, as required by Virginia Code §15.2-2101. The bid opening is scheduled for July 12, 2022. A public hearing was advertised on July 3, 2022, as required by Virginia Code §15.2-1800, and public notice via the normal City Council agenda process. The public hearing will be held on July 12, 2022. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technology City Manager: 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCISE AGREEMENT TO CROWN CASTLE FIBER 3 LLC TO INSTALL, OPERATE AND MAINTAIN 4 NETWORK FACILITIES FOR TELECOMMUNICATION 5 SERVICES IN THE CITY'S PUBLIC STREETS AND 6 RIGHTS-OF-WAY 7 8 WHEREAS, Crown Castle Fiber LLC, a New York limited liability company ("Crown 9 Castle"), builds and operates fiber networks and related communication services; 10 11 WHEREAS, Crown Castle currently operates a fiber network in the City of Virginia 12 Beach pursuant to a Temporary Nonexclusive Revocable License Agreement that will 13 expire on September 5, 2022; 14 15 WHEREAS, Crown Castle desires to continue utilizing the City of Virginia Beach's 16 ("City") public streets and rights-of-way to install, operate and maintain a fiber network; 17 18 WHEREAS, Crown Castle is seeking to enter into a nonexclusive franchise 19 agreement ("Franchise") with the City to use and occupy the City's public streets and 20 rights-of-way; 21 22 WHEREAS, the Franchise will allow Crown Castle to continue to install, operate 23 and maintain fiber optic cable for the purpose of operating a fiber optic network; and 24 25 WHEREAS, City staff supports allowing Crown Castle to continue using the City's 26 public streets and rights-of-way for the aforesaid purposes, subject to the terms and 27 conditions set forth in the summary of terms, attached hereto as Exhibit A, ("Summary of 28 Terms"). 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby authorizes the City Manager to execute the Franchise 34 with Crown Castle for a maximum term of 40 years, in accordance with the Summary of 35 Terms, and such other terms, conditions or modifications, as may be acceptable to the 36 City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A/i"--%/a. Information Technology City Attorney's Office CA15762 R-2/June 23, 2022 EXHIBIT A SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Crown Castle Fiber LLC ("Crown Castle") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Crown Castle may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Crown Castle shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Crown Castle must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Crown Castle shall be required to return the public streets and rights-of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of$5 Million. Surety Requirements: $50,000 surety bond Indemnity: Crown Castle shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. CITY OF VIRGINIA BEACH, VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH CROWN CASTLE FIBER,LLC This Nonexclusive Franchise Agreement (hereinafter "Agreement") is made and entered into as of this day of July, 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia municipal corporation (hereinafter "City" or "Grantor") and CROWN CASTLE FIBER LLC, a New York limited liability company, hereinafter ("Crown Castle" or "GRANTEE"), having its principal office at 8020 Katy Freeway, Houston,TX 77024. WHEREAS, GRANTEE is a corporation duly organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, GRANTEE desires to use and occupy the streets and public rights-of- way (as hereinafter defined) located within the City for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within and through the City; and WHEREAS, pursuant to Article VII, Section 9 of the Constitution of Virginia and Chapter 21 of Title 15.2 of the Virginia Code, the City has the authority to grant franchises and other authorizations for the use and occupancy of the streets and public rights-of-way; and WHEREAS, the City is agreeable to allowing GRANTEE to use the streets and public rights-of-way, subject to the terms and conditions hereinafter set forth and subject to any lawful telecommunications regulatory ordinance that may be adopted by the City in the future; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the City and GRANTEE agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the City hereby grants to GRANTEE the non-exclusive right to construct, install, maintain, locate,move,operate,place,protect,reconstruct,reinstall,relocate,remove and replace fiber optic or other cable and related facilities for the provision of telecommunications service in the public streets and public rights-of-way in the City of Virginia Beach. GRANTEE shall be solely responsible for obtaining any required consents from State agencies or private parties to the extent that its operations affect State or private property. It is expressly agreed that this Agreement does not give GRANTEE the right to occupy any public rights-of-way 1 with permanent aboveground cabinets, pads and other similar structures except pursuant to the express approval of the City pursuant to the applicable provisions of Chapter 33 of the City Code or any successor ordinance and that nothing in this Agreement shall be construed as consent by the City for GRANTEE to provide cable service television service within the City. (b) GRANTEE acknowledges that this grant of authority is for the benefit of GRANTEE only, and that GRANTEE is not authorized to lease, sublease, assign or otherwise allow other providers to use or occupy the public rights-of-way except in accordance with provisions of this Agreement. (c) GRANTEE acknowledges that, to the extent allowed by State and Federal law, the City has the authority, to adopt ordinances regulating the use of the public rights- of-way, so long as such ordinances apply equally to all certificated providers of telecommunications services and are related to using the public streets and public rights-of- way in the City. GRANTEE agrees to be bound by all such future lawful ordinances so long as it operates telecommunication services or has property or equipment within the public streets or rights-of-way located in the City. (d) This Agreement is not a grant by the City of any fee simple or other property interest except as expressly contemplated by this Agreement and is made subject and subordinate to the prior and continuing right of the City of Virginia Beach to use the public streets and public rights-of-way occupied by GRANTEE for the purpose of laying,installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other equipment for municipal uses and with the right of ingress and egress, along, above, over, across and in said public streets and public rights- of-way. (e) This Agreement shall be in full force and effect from and after the date of its approval by the City Council governing body;provided,however,that notwithstanding such approval,this Agreement shall not become effective until all required bonds,letters of credit, certificates of insurance and other instruments required by this Agreement have been filed with, and accepted and approved by the City, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. Section 2. Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: 2 "Affiliate"means a person or entity that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person or entity. "Cable service" shall have the same meaning as in the 47 U.S. Code § 522, and shall be synonymous with the term "cable television service." "City" means the City of Virginia Beach, Virginia, and where appropriate to the context, its officers, agents, employees and volunteers. "City Attorney" means the City Attorney or his designee. "City Council"means the City Council of the City of Virginia Beach. "City Engineer"means the City Engineer or his designee. "City Manager"means the City Manager or his designee. "City property"means and includes all real property owned by the City, including all property held in a proprietary capacity by the City. "Conduit"means any materials, such as metal or plastic pipe, that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunications service. "Duct"means a pipe,tube,channel or similar item for carrying wires,lines,cables, fiber optic cable, or other technology for the provision of telecommunications service. "Fiber optic or other cable and related facilities" means fiber optic cables or other cable, facilities, conduits, converters, splice boxes,handholds,manholes,vaults, equipment, drains, surface location markers, appurtenances and related facilities located or to be located by GRANTEE in the public streets or rights-of-way of the City used or useful for the transmission of telecommunications services. "GRANTEE"or "Crown Castle"means Crown Castle Fiber, LLC. "Grantor"means the City of Virginia Beach. 3 "Public streets and public rights-of-way" or `public ways" include the surface of, and the space above and below, any public street, road, highway, avenue, sidewalk,way, bridge, viaduct, alley or other public right-of-way, including unimproved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, water or sewer service or other public use, whether present or future, to the extent of the City's right, title, interest or authority to grant a franchise or lease to occupy and use such streets and easements for the purpose of providing telecommunications services. "Public works project or public improvements" include, without limitation, the construction, realignment, paving or repaving, or other work on any public street or public right-of-way, change of grade or alignment of any public street or public right-of-way, the construction or reconstruction of any water,sanitary sewer,storm sewer,force main,drainage or communications facility of the City. "Telecommunications facilities" means the plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, fiber optic and other cables, circuits, and wires, and any other equipment and property used by GRANTEE to provide telecommunications service. "Telecommunications service" means the providing or offering for rent, sale or lease,or in exchange for other value received, the transmittal of signals, including but not limited to,voice, data, image, graphic or video or other programming information, except cable television service, between or among points by wire, lines, cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other telecommunications facilities, but not including cable television service. Section 3. Term of Agreement. (a) The term of this Agreement shall be for an initial term of ten years, commencing on September 6, 2022 ("Initial Term"). Unless either party gives ninety (90) days written notice of its intention to terminate the Agreement prior to the end of the Initial Term, the Agreement shall thereafter automatically renew for up to three(3) additional ten(10)year terms,for a maximum of forty(40)years(each a"Renewal Term"); provided, however, that either party may, upon giving ninety (90) days written notice prior to the end of a Renewal Term, terminate the Agreement. Upon termination of this Agreement as herein provided, and unless the parties are in active good faith negotiation of a replacement agreement or otherwise agree in writing to an extension, GRANTEE shall be prohibited from further access to the public rights-of-way in the City of Virginia Beach. (b) Upon the termination or expiration of this Agreement, including any 4 Renewal Term, or if any portion of GRANTEE's facilities is abandoned, GRANTEE shall remove its telecommunications facilities at its own expense; provided, however, that if directed by the City in writing, GRANTEE may abandon some or all of the facilities in place, and such facilities shall become the property of the City upon their abandonment. If in the event GRANTEE fails to remove its facilities within thirty (30) days after abandonment or termination, except facilities abandoned in place at the direction of, or with the consent of the City, the City may cause such facilities to be removed, without further notice, and charge the cost for removal to GRANTEE, which shall pay such costs within thirty(30) days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction to enforce this section 3(b). Section 4. Compliance With Applicable Law. GRANTEE shall at all times during the term of this Agreement, including any renewal period, comply with all applicable federal,state,and local laws,ordinances, and regulations. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public. Section 5. Construction; Location or Relocation of Facilities. All facilities of GRANTEE shall be constructed, installed and located in accordance with the following terms and conditions,unless otherwise specified by the City. 5.1. OMITTED 5.2. Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a particular segment of a street or public right- of-way of the City, GRANTEE shall also install its telecommunications fa c i l i t i e s underground. 5.3. Whenever existing overhead electric utilities, cable facilities or telecommunications facilities are relocated underground within a particular segment of a street or public right-of-way of the City, GRANTEE shall relocate its facilities underground within a reasonable period of time after notification by the City that such facilities must be relocated. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public streets or public rights-of-way. 5.4. GRANTEE shall obtain all required permits for the construction or installation 5 of its facilities as required in this Agreement, provided, however, that nothing in this Agreement shall prohibit the City and GRANTEE from agreeing to an alternative plan to review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. 5.5. In the performance and exercise of its rights and obligations under this Agreement, GRANTEE shall not interfere in any manner with the existence and operation of any public street and public or private right-of-way,sanitary sewer,water line,storm drain gas main, pole, overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers, or City property, without the prior approval of the City. 5.6. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Virginia Beach to perform any public works or public improvements. If any facilities of GRANTEE interfere with the construction, operation, maintenance, repair or removal of such public works or public improvements, within thirty (30) days after written notice by the City of Virginia Beach(or such other period of time set forth in Section 5.7 or as may be agreed upon in writing by the City of Virginia Beach and GRANTEE), GRANTEE shall, at its own expense protect, alter, remove or relocate facilities, as directed by the City Manager or City Engineer. If GRANTEE fails to so protect, alter, remove or relocate equipment within such period, the City may break through, remove, alter or relocate the facilities of GRANTEE without any liability to City, and GRANTEE shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation. GRANTEE shall also reimburse the City for or bear any additional cost actually incurred by the City as a result of GRANTEE's failure to comply with the City's request to protect,alter or remove equipment under this Agreement. The City may collect such costs, and any reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to the City,by bringing action in any court of competent jurisdiction or exercising the City's rights to draw on bonds or letters of credit, or in any other lawful manner, individually or in combination. 5.7. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any life-threatening emergency. The City will endeavor to notify GRANTEE of such emergencies which may impact its telecommunications facilities.Nothing herein shall create any duties or obligations on the City to so notify GRANTEE nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify GRANTEE. 5.8. The facilities of GRANTEE shall be located so as not to interfere with the 6 public safety or,to the extent possible,with the convenience of persons using the public streets or rights-of-way. GRANTEE shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer,water, drainage, electrical, signal and fiber optic facilities of the City. 5.9. The City shall have the right to specifically designate the location of the facilities of GRANTEE with reference to sewer and water mains,drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, cable television facilities, and railway, communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to designate the location of GRANTEE's facilities shall not relieve GRANTEE of its responsibilities in matters of public safety, as provided in this Agreement. 5.10. Except in the cases of emergencies, GRANTEE shall not move, alter, change or extend any of its telecommunications system in any public street or public right- of-way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted, or such requirement is waived, by the City Manager. The City Manager shall use his best efforts to either approve or deny GRANTEE's request to relocate it facilities within fifteen (15) days of receipt of GRANTEE's request. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public, the City or by any other public utility, public service corporation or cable operator for their respective purposes and functions. Such work by GRANTEE shall also be coordinated with the City's annual paving program through the Office of the City Engineer. 5.11. GRANTEE shall not open, disturb or obstruct, at any time, any more of the public streets or public rights-of-way than is reasonably necessary to enable it to proceed in laying or repairing its telecommunications system. GRANTEE shall not permit any public street or public right-of-way so opened, disturbed or obstructed by it to remain open, disturbed or obstructed for a longer period of time than shall be reasonably necessary. In all cases where any public street or public right-of-way is excavated, disturbed or obstructed by GRANTEE, GRANTEE shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give 7 notice, protection and warning to the public of the existence of all actual conditions present. 5.12. After the installation, removal, relocation or construction or maintenance of the fiber optic or other cable and related facilities is completed, GRANTEE shall, at its own cost, repair and return the public streets or public rights-of-way to a minimum of the same or similar condition existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City. GRANTEE shall be responsible for damage to City street pavements, existing utilities, curbs, gutters and sidewalks due to GRANTEE's installation, construction, maintenance, repair or removal of its telecommunications facilities in the public streets,public rights-of-way, and shall repair, replace and restore in kind, the said damaged property at its sole expense. Upon failure of GRANTEE to repair, replace and restore said damaged property, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City, after thirty (30) days notice in writing shall have been given by the City, the City may cause such necessary repairs to be made and may collect the costs incurred from GRANTEE, including but not limited to, exercising the City's rights to draw on bonds or letters of credit. The City may collect such costs, and any expenses and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action in any court of competent jurisdiction or in any manner allowed by law. 5.13. Neither GRANTEE, nor any person acting on GRANTEE's behalf, shall take any action or permit any action to be done which may impair or damage any City property, including, but not limited to, any public street, public right-of-way or other property located in, on or adjacent thereto. 5.14. In the event of an unexpected repair or emergency, GRANTEE may commence such repair and emergency response work as required under the circumstances,provided GRANTEE shall notify the City as promptly as possible,before such repair or emergency work is started or as soon thereafter as possible if advance notice is not practicable. 5.15. GRANTEE shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. 5.16. GRANTEE shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents 8 which are likely to cause damages, injuries or nuisances to the public. 5.17. GRANTEE shall obtain all required permits from the City and any other governmental entity having jurisdiction prior to commencing work of any nature and shall comply with all terms and conditions of any such permit. GRANTEE shall furnish detailed plans of the work and other required information, and shall pay all required fees prior to issuance of a permit in accordance with the rates in effect at the time of payment. GRANTEE shall comply with all applicable ordinances and permitting requirements. A single permit may be issued for multiple excavations to be made in public streets and rights-of way;provided,however, any applicable fees established by the City shall apply to each such excavation unless otherwise provided by ordinance. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in a public street or public right-of-way without a permit, GRANTEE shall make a report of each such excavation to the City within two (2) working days and pay the applicable fee. Any permit application and inspection related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay GRANTEE in efficiently discharging its public service obligation and in any event shall be granted or denied within forty-five (45) days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. 5.18. (a) Promptly after installation, repair or extension of the telecommunications system or any portion thereof or any pavement cut by GRANTEE in any public way of the City,the incidental trenches or excavations shall be refilled by GRANTEE in a manner acceptable to the City Manager. Pavement, sidewalks,curbs, gutters or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by GRANTEE at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, GRANTEE shall use materials whose type,specification and quantities exceed or are different from those used in the installation, then GRANTEE at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, GRANTEE shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the City Engineer and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring or as determined by the City Engineer. GRANTEE shall maintain, repair and keep in good condition for a period of one(1)year 9 following such disturbance all portions of public ways disturbed by GRANTEE,provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by GRANTEE. (b) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City. 5.19. (a) GRANTEE shall promptly remove or correct any obstruction, damage, or defect in any public street or public right-of-way caused by GRANTEE in the installation, operation, maintenance or extension of GRANTEE's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by GRANTEE after proper notice to do so, given by the City to GRANTEE, may be removed or corrected by the City, and the cost thereof shall be charged against GRANTEE and payable on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, telecommunication facilities or other property resulting from construction or maintenance of GRANTEE telecommunications system shall be borne by GRANTEE and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by GRANTEE to the City. (b) If weather or other conditions do not permit the complete restoration required by this Section, GRANTEE shall temporarily restore the affected property. Such temporary restoration shall be at GRANTEE's sole expense and GRANTEE shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (c) GRANTEE or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations,including,but not limited to,the flagging requirements of the Virginia Department of Transportation. 5.20. Except in the case of the City's negligence or intentional or willful misconduct, the City, its officers, agents, or employees, shall not be liable for any damage to or loss of 10 any of GRANTEE's telecommunications services or telecommunications facilities within the public ways or any other areas of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work or activity or lack of any activity of any kind by or on behalf of the City. 5.21. GRANTEE shall cooperate with the City in coordinating its construction activities as follows: (a) GRANTEE shall provide the City with a schedule of its proposed construction activities prior to commencing any expansion of its backbone system; (b) Upon request, GRANTEE shall meet with the City and other users of the public ways to coordinate construction in the public ways; and (c) All construction locations, activities and schedules shall be coordinated, as directed by the City Engineer, to minimize public inconvenience, disruption or damages. GRANTEE shall submit a written construction schedule to the City Engineer at least ten(10) working days before commencing any work in or about the public streets or public rights- of-way. GRANTEE shall further notify the City Engineer not less than five (5) working days in advance of such excavation or work and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act,Virginia Code Section 56-265.14,et. seq. Section 6. Mapping. (a) GRANTEE shall maintain an accurate map of its telecommunications facilities. GRANTEE shall provide the City with "as built" drawings and an accurate map or maps showing the location of its facilities, including pole lines and conduit lines and any other facilities requested by the City, to include a digitized map(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system certifying the location of all Telecommunications facilities within the City. GRANTEE shall, upon request, provide updated maps annually. (b) If any of the requested information of GRANTEE in this Agreement is considered proprietary, confidential or a trade secret, GRANTEE will notify the City of this opinion and the City will keep such information confidential to the extent permitted by the Virginia Freedom of Information Act (Virginia Code Sections 2.2-3700 thr. -3714) or other any successor statute or law. GRANTEE will submit an existing Facilities Map as a condition precedent to the City's approval of this Agreement. As for new installations,after the effective date of this Agreement, GRANTEE shall submit the proposed Mapping of its 11 plans for new construction to the City prior to any construction. As-built drawings of any new construction of facilities shall be furnished to the City within sixty (60) days of completion of such construction. All as-built maps and drawings shall be drawn to scale and reference to a physical City benchmark to the extent the physical benchmark is in reasonable proximity to GRANTEE new installation. All mapping shall be provided in a format compatible to the City's present and future mapping systems. Alternatively,GRANTEE will pay for the cost of making the mapping compatible. (c) Prior to its installation of any Telecommunications facilities in the public streets or public rights-of-way and after GRANTEE provides the City with its proposed plans for the Telecommunications facilities, the City may in its discretion designate certain locations to be excluded from use by GRANTEE for its Telecommunications facilities, including,but not limited to, ornamental or similar specially designed streets lights or other facilities or locations which, in the reasonable judgment of the City Engineer, do not have electrical service adequate for or appropriate for GRANTEE's facilities or cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed Telecommunications facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been designated or planned for other use or are not otherwise proprietary, legal or other limitations or restrictions as may be reasonably determined by the City. In the event such exclusions conflict with reasonable requirements of GRANTEE, the City will cooperate in good faith with GRANTEE to attempt to find suitable alternatives, if available, provided that the City shall not be required to incur financial costs nor require the City to acquire new locations for GRANTEE. GRANTEE shall,prior to any excavation or installation within the public streets or public rights-of-way, provide sufficient notification and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights-of-way as may be provided for by a separate City policy. Such notification and adopted policies shall be designed to maximize co-location of providers to minimize the disturbance to the public streets or public rights-of- way and maximize its useable capacity. Section 7. Insurance Requirements. At all times during the term of this Agreement and any renewal period, GRANTEE shall, at its expense,maintain the following insurance policies.Any required insurance shall be in a form and with an insurance company authorized to do business in the Commonwealth of Virginia and have a rating of no less than A-VII by A.M. Best Co. (a) Commercial General Liability. Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or 12 liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for such coverage shall be Two Million Dollars ($2,000,000) combined single limit for any one occurrence. However, the parties acknowledge that GRANTEE may meet the policy limit in this section by combination of GRANTEE's General Commercial Liability Policy and GRANTEE's Umbrella or Excess Liability Policy. (b) Contractual Liability. Broad form Contractual Liability insurance, including the indemnification obligations of GRANTEE set forth in this Agreement. (c) Workers' Compensation. Workers' Compensation insurance covering GRANTEE's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. (d) Automobile Liability. Automobile Liability insurance having minimum limits of liability of One Million Dollars($1,000,000)combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. (e) Pollution Liability Insurance. GRANTEE shall maintain during the life of this Agreement Pollution Liability Insurance in the amount of One Million Dollars ($1,000,000) for each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall also provide coverage for cleanup costs. (f) Umbrella Coverage. The insurance coverages and amounts set forth in this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of Five Million Dollars($5,000,000). (g) Prior to commencing construction pursuant to this Agreement or within ten (10)days after the granting of this Agreement,whichever is sooner,GRANTEE shall provide the City with a memorandum certificate or certificates of insurance, showing the type, amount, effective dates and date of expiration of the policies, and thereafter prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certificate or certificates and evidence of insurance shall include the City,its officers,agents, and employees as additional insureds, except for (c) Workers' Compensation. GRANTEE shall obtain a written obligation on the part of each insurance company to notify GRANTEE at least thirty (30) days before cancellation of any such insurance, except for non-payment of premium. Upon receipt of such notice from GRANTEE's insurance company, GRANTEE will 13 immediately notify the City of Virginia Beach on any of the required coverages that are not replaced. Section 8. Surety. (a) Within ten (10) days after this Agreement is approved by the City, and prior to the commencement of any construction by GRANTEE, GRANTEE shall furnish and file with the City an irrevocable bond, in a form and by a surety authorized to do business in the Commonwealth of Virginia, in the amount of Fifty Thousand Dollars ($50,000) securing its faithful performance of the terms and conditions of this Agreement. GRANTEE shall maintain such bond for the duration of this Agreement, unless otherwise agreed to in writing by the City. Failure to maintain the bond shall be deemed a material default by GRANTEE of this Agreement. The bond shall guarantee GRANTEE's faithful performance of the terms and conditions of this Agreement, including, but not limited to: (1) the timely completion of construction; (2) compliance with applicable plans, permits, technical codes and standards; (3) proper location of the facilities as specified by the City; (4) restoration of the public ways and other property affected by the construction as required by this Agreement; (5) the submission of "as-built" drawings after completion of the work as required by this Agreement; (6) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work; and (7) the payment by GRANTEE of all lawful liens, taxes, damages, claims, costs or expenses which the City has been compelled to pay or has incurred by reason of any act or default of GRANTEE under this Agreement and all other payments due the City from GRANTEE pursuant to this Agreement. (b) Whenever the City determines that GRANTEE has violated one (1) or more terms, conditions or provisions of this Agreement for which relief is available against the bond, a written notice shall be given to GRANTEE. The written notice shall describe in reasonable detail the violation so as to afford GRANTEE an opportunity to remedy the violation. GRANTEE shall have twenty(20)days subsequent to receipt of the notice in which to correct the violation before the City may make demand upon the bond. Failure to maintain the bond shall be a martial default under this Agreement. (c) Such bond shall be in addition to any performance or defect bond or other surety required by the City in connection with the issuance of any construction permit issued pursuant to Chapter 33 of the City Code or any successor ordinance. 14 Section 9. Transfer of ownership. Notwithstanding any provision of this Agreement, GRANTEE may not assign, transfer, lease, or sell any of the rights and privileges granted hereunder without the approval of the City Manager,which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that no consent need be obtained to assign,transfer,lease or sell any rights and privileges granted hereunder to any of GRANTEE's affiliates or any party providing financing to GRANTEE, provided that no assignment, transfer, lease or sale shall be effective until the assignee, transferee, lessee, or the purchaser, including an affiliate, has filed with the City of Virginia Beach a duly executed instrument reciting the fact of such assignment, transfer, lease or sale and accepting the terms of the Agreement and agreeing to perform all of the conditions thereof. Section 10. Indemnification. GRANTEE agrees to indemnify, defend and hold harmless the City, its officers, employees and agents from and against all claims, demands, losses, damages, liabilities, fines, and penalties, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the losses), arising out of any breach by GRANTEE of the terms and conditions of this Agreement, except to the extent proximately caused by the negligence or willful misconduct of the City of Virginia Beach, its officers, employees and agents. In addition, GRANTEE shall protect, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all demands for fees, claims, suits,actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any Telecommunication facilities or the provision of Telecommunication service, except to the extent proximately caused by the negligence or willful misconduct of the City of Virginia Beach, its officers, employees or agents. Section 11. Hazardous Substances. In its performance of this Agreement, GRANTEE shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Agreement, and in any event GRANTEE shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage,transport,release,or disposal of hazardous material,substances or waste.Regardless of the City's acquiescence,GRANTEE shall indemnify and hold the City,its officers,agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from GRANTEE's violation of this section and agrees to reimburse City for all costs and expenses incurred by the City in eliminating or remedying such violations. GRANTEE also agrees to reimburse the City and hold the City,its officers, agents,employees and volunteers harmless 15 from any and all costs,expenses,attorney's fees and all penalties or civil judgments obtained against any of them as a result of GRANTEE's use or release of any hazardous substance or waste onto the ground, or into the water or air from, near or upon the City's premises. For purposes of this Section,the following definitions shall apply: "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance,rule, order,regulation or standard in effect on the date hereof including, without limitation, the Resource Conservation and Recovery Act(42 U.S.0 6901,etseq.), as amended,the Federal Insecticide,Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq), as amended, and the Toxic Substance Control Act(15 U.S.C. 2601, et seq), as amended. As used in this Section, "release" includes the placing, releasing, depositing, spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping of any substance. Section 12. General provisions. (a) Authority. GRANTEE warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City, and upon request by the City will provide evidence of such authority. (b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or GRANTEE may have, at law or in equity, for enforcement of this Agreement. (c) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (d) Nonenforcement. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party, upon any one or more occasions, to insist upon strict performance of this Agreement or to seek the other party's 16 compliance with any one or more of such terms or conditions of this Agreement. (e) Conflicts of law. If there is a conflict between the provisions of this Agreement and any law, whether federal, state, or City, including all future laws and ordinances, the law and conflicting Agreement provision will, to the extent reasonably possible, be construed so as to be consistent with each other and if such construction is not reasonably possible,the conflicting provision of this Agreement shall be deemed superseded by such law and have no effect, notwithstanding the contract clause of the United States Constitution. (f) Controlling law and venue. By virtue of entering into this Agreement, GRANTEE agrees and submits itself to a court of competent jurisdiction in the City of Virginia Beach, Virginia or in the United States District Court for the Eastern District of Virginia,Norfolk Division, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims,disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws or by any regulatory body with jurisdiction,including the Federal Communications Commission. (g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (h) Nondiscrimination. During the performance of this Agreement, GRANTEE agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, handicap or national origin. GRANTEE agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. GRANTEE, in all solicitations or advertisements for employees placed by or on behalf of GRANTEE, will state that GRANTEE is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. GRANTEE agrees to comply with the good faith minority business efforts required by the Virginia Beach City Code. (i) Compliance with Virginia Human Rights Act. The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the 17 performance of this Agreement, GRANTEE shall comply with the Virginia Human Rights Act, as amended. (j) Notices. (a) Notices given pursuant to this Agreement shall be in writing and addressed as follows: To the City: City Manager Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456. With a Copy to: City Attorney Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456. To GRANTEE: Crown Castle Fiber LLC 2000 Corporate Drive Canonsburg, PA 15317 Attn: Network Contracts Management With a Copy to: Crown Castle Fiber LLC 2000 Corporate Drive Canonsburg, PA 15317 Attn: Ken Simon, General Counsel (b) Either party may change the address at which it will receive notices by providing written notice of the change to the other party. IN WITNESS WHEREOF, the parties have duly executed this Agreement. 18 (81 CROWN CASTLE FIBER LLC a company By: Name: Title: State of City/County of , TO WIT; The foregoing instrument was acknowledged before me this day of , 2022, by , of Crown Castle Fiber, LLC, a company. Notary Public My commission expires: My registration number: 19 CITY OF VIRGINIA BEACH a Virginia municipal corporation By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Amanda Barnes, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: My registration number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by Amanda Barnes, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: My registration number: Approved as to Content: Approved as to Legal Sufficiency: Information Technology City Attorney's Office Department 20 iZ 4 .105BURi\i?jS1)J luounRetrejAi xsrJ of sE panoJddy yljr` fj, I A+'. 1 C)tjiOJp � = Virginia Beach _ 4 APPLICANT'S NAME_Crown Castle Fiber 'e. LLC DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/alI disclosures must be updated toao(2 r weeks prior to any ; Page 1 of 5 Plannrny Corrrrr,rss,ori and City Council meetrny tli t pertains to the aoplrcatlon+.s; APPLICANT NOTIFIED OF HEARING 612V JZGZZ air NO CHANGES AS OF DATE raze I2.07_2. REVISIONS SUBMITTED DATE 17, - • Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_Crown Castle Fiber LLC, a New York limited liability company If an LLC, list all member's names: _Crown Castle Fiber Holdings LLC is the sole member of applicant If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Crown Castle Fiber Holdings LLC is a wholly-owned indirect subsidiary of Crown Castle International Corp., which is a publicly-owned corporation See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Li Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. Page 2 of 5 • ,.�xt'r' S,.z__:r s„ v ,, i _ w erS�. .sue : (Sri,of Virginia Beach (A) List the Property Owner's name:___N/A, installations will be in City rights-of- way If an LLC, list the member's names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach 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 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 �`#Y.r�` �ti �ids . f .tt.-.a 1t�4 4;.€-Sy ;�,. ✓ t s: }� f , ry _ ItifB E is�,�, t ,c '�s� ..^ � "ice+ ..s ✓- `. �.. Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ 2s. Accounting and/or preparer of your tax return ❑ 24, Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ S the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ r purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors TBD - will be provided with permit applications ❑ E Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ (� Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have JE)❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Crown Castle International Corp. is a publicly-traded company with widely Page 4 of 5 +.' m s w - $ ..R} 3 yi R jy r f"F:n 3 I•fr ! . .^•a ) t z +f i�g ryF n Ott sta C . e�'A". 4 r :� r x� ,.°'T ,' S''ts�i'"�J iv3"rl.♦ r'F•G,-''2 -9.j'" z -.j ' r �,..o,•�..M°.� ��i,? {'�.� $, ,c - NA:3 Virginia Beach held shares. No official or employee of the City of Virginia Beach'holds a 5% or greater interest in CCIC. Crown Castle has no knowledge but cannot verify if any official or employee holds a smaller number of shares. CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. IZo S 1 . Nrri r .N rf 12 I Siva 41)921" APPLICANT'S SIGNATURE PRINT NAME D TE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 4 ,,,,,,, ,--CF-"...Z"4, ` ,_, .w„,, � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise Agreement to Vero Fiber Networks, LLC to Install, Operate and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of- Way MEETING DATE: July 12, 2022 • Background: Vero Fiber Networks, LLC ("Vero") desires to utilize the public streets and rights-of-way in the City of Virginia Beach to install, operate and maintain a fiber network and provide related communications services. Vero is seeking to enter into a nonexclusive franchise agreement ("Franchise") with the City. • Considerations: The term of the Franchise will be ten years. The term will automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the ordinance. • Public Information: A solicitation for bids was advertised on June 26, 2022 and on July 3, 2022, as required by Virginia Code §15.2-2101. The bid opening is scheduled for July 12, 2022. A public hearing was advertised on July 3, 2022, as required by Virginia Code §15.2-1800, and public notice via the normal City Council agenda process. The public hearing will be held on July 12, 2022. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technology° City Manager: 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCISE AGREEMENT TO VERO FIBER 3 NETWORKS, LLC TO INSTALL, OPERATE AND 4 MAINTAIN NETWORK FACILITIES FOR 5 TELECOMMUNICATION SERVICES IN THE CITY'S 6 PUBLIC STREETS AND RIGHTS-OF-WAY 7 8 WHEREAS, Vero Fiber Networks, LLC, a Colorado limited liability company 9 ("Vero"), builds and operates fiber networks and related communication services; 10 11 WHEREAS, Vero desires to utilize the City of Virginia Beach's ("City") public 12 streets and rights-of-way to install, operate and maintain a fiber network; 13 14 WHEREAS, Vero is seeking to enter into a nonexclusive franchise agreement 15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way; 16 17 WHEREAS, the Franchise will allow Vero to install, operate and maintain fiber optic 18 cable for the purpose of operating a fiber optic network; and 19 20 WHEREAS, City staff supports allowing Vero to use the City's public streets and 21 rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth in 22 the summary of terms, attached hereto as Exhibit A, ("Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a Franchise 28 with Vero for a maximum term of 40 years, in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /61.2 ,12, Ak-evt Information TechnologyCityAttorney's Office Y CA15853 R-1/June 22, 2022 EXHIBIT A SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Vero Fiber Networks LLC ("Vero") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Vero may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Vero shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Vero must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Vero shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: Vero shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. EIR. 0 F,be,' Ne7'-wA June 29, 2022 City of Virginia Beach ATTN: City Attorney's Office 2401 Courthouse Drive Virginia Beach, VA 23456 RE: Vero Fiber Franchise Bid Please accept this letter of confirmation of Vero Fiber Network, LLC's ("Vero") formal response to the City of Virginia Beach, Virginia's request for bids for a nonexclusive franchise. Vero has provided a bid in the form of a signed agreement for a nonexclusive franchise agreement for the purposes of constructing, installing, and maintaining fiber optic network facilities for telecommunications services within and through the City of Virginia Beach. The Franchise agreement would be for a term of ten (10) years, with three (3), ten-year (10) extensions. This agreement would allow Vero to apply for and receive permits to construct fiber optic network within the city rights of way. Upon acceptance of Vero's bid, Vero will provide the required certificates of insurance and bonds to the City of Virginia Beach. Vero respectfully requests that the Mayor of the City of Virginia Beach read Vero's bid at bid opening on July 12, 2022. If there is any additional information that you would like prior to bid opening please let me know. I can be reached at dhill@veronetworks.com, or at 803-550-5959. Thank you very much for your time and assistance with this. Sincerely, David Hill — VP Operations Vero Fiber Networks, LLC Z 1023 Walnut St., Boulder, CO 80302 L www.Veronetworks.com CITY OF VIRGINIA BEACH,VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH VERO FIBER NETWORKS, LLC This Nonexclusive Franchise Agreement (hereinafter "Agreement") is made and entered into as of this day of July 2022, by and between the CITY OF VIRGINIA BEACH, a Virginia municipal corporation (hereinafter "City" or "Grantor") and VERO FIBER NETWORKS, LLC, a Colorado limited liability company, hereinafter ("VERO" or "GRANTEE"), having its principal office at 1023 Walnut, Boulder, Colorado, 80302. WHEREAS, GRANTEE is a limited liability company duly organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, GRANTEE desires to use and occupy the streets and public rights-of- way (as hereinafter defined) located within the City for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within and through the City; and WHEREAS, pursuant to Article VII, Section 9 of the Constitution of Virginia and Chapter 21 of Title 15.2 of the Virginia Code, the City has the authority to grant franchises and other authorizations for the use and occupancy of the streets and public rights-of-way; and WHEREAS, the City is agreeable to allowing GRANTEE to use the streets and public rights-of-way, subject to the terms and conditions hereinafter set forth and subject to any lawful telecommunications regulatory ordinance that may be adopted by the City in the future; and NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the City and GRANTEE agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement,the City hereby grants to GRANTEE the non-exclusive right to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace fiber optic or other cable and related facilities for the provision of telecommunications service in the public streets and public rights-of-way in the City of Virginia Beach. GRANTEE shall be solely responsible for obtaining any required consents from State agencies or private parties to the extent that its operations affect State or private property. It is expressly agreed that this Agreement does not give GRANTEE the right to occupy any public rights-of-way with permanent aboveground cabinets, pads and other similar structures except pursuant to the 1 express approval of the City pursuant to the applicable provisions of Chapter 33 of the City Code or any successor ordinance and that nothing in this Agreement shall be construed as consent by the City for GRANTEE to provide cable service television service within the City. (b) GRANTEE acknowledges that this grant of authority is for the benefit of GRANTEE only, and that GRANTEE is not authorized to lease, sublease, assign or otherwise allow other providers to use or occupy the public rights-of-way except in accordance with provisions of this Agreement. (c) GRANTEE acknowledges that, to the extent allowed by State and Federal law, the City has the authority, to adopt ordinances regulating the use of the public rights- of-way, so long as such ordinances apply equally to all certificated providers of telecommunications services and are related to using the public streets and public rights-of- way in the City. GRANTEE agrees to be bound by all such future lawful ordinances so long as it operates telecommunication services or has property or equipment within the public streets or rights-of-way located in the City. (d) This Agreement is not a grant by the City of any fee simple or other property interest except as expressly contemplated by this Agreement and is made subject and subordinate to the prior and continuing right of the City of Virginia Beach to use the public streets and public rights-of-way occupied by GRANTEE for the purpose of laying,installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other equipment for municipal uses and with the right of ingress and egress, along, above, over, across and in said public streets and public rights- of-way. (e) This Agreement shall be in full force and effect from and after the date of its approval by the City Council governing body;provided,however,that notwithstanding such approval,this Agreement shall not become effective until all required bonds,letters of credit, certificates of insurance and other instruments required by this Agreement have been filed with, and accepted and approved by the City, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. Section 2.Defmitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Affiliate"means a person or entity that directly, or indirectly, through one or more 2 intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person or entity. "Cable service"shall have the same meaning as in the 47 U.S. Code § 522, and shall be synonymous with the term "cable television service." "City" means the City of Virginia Beach, Virginia, and where appropriate to the context, its officers, agents, employees and volunteers. "City Attorney"means the City Attorney or his designee. "City Council"means the City Council of the City of Virginia Beach. "City Engineer"means the City Engineer or his designee. "City Manager"means the City Manager or his designee. "City property"means and includes all real property owned by the City,including all property held in a proprietary capacity by the City. "Conduit" means any materials, such as metal or plastic pipe, that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunications service. "Duct"means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic cable, or other technology for the provision of telecommunications service. "Fiber optic or other cable and related facilities" means fiber optic cables or other cable, facilities,conduits, converters, splice boxes,handholds,manholes,vaults, equipment, drains, surface location markers, appurtenances and related facilities located or to be located by GRANTEE in the public streets or rights-of-way of the City used or useful for the transmission of telecommunications services. "GRANTEE"or "Vero"means Vero Fiber Networks, LLC. "Grantor"means the City of Virginia Beach. "Public streets and public rights-of-way" or "public ways" include the surface of, and the space above and below, any public street, road, highway, avenue, sidewalk, way, 3 bridge, viaduct, alley or other public right-of-way, including unimproved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, water or sewer service or other public use, whether present or future,to the extent of the City's right,title,interest or authority to grant a franchise to occupy and use such streets and easements for the purpose of providing telecommunications services. "Public works project or public improvements" include, without limitation, the construction, realignment, paving or repaving, or other work on any public street or public right-of-way, change of grade or alignment of any public street or public right-of-way, the construction or reconstruction of any water,sanitary sewer,storm sewer,force main,drainage or communications facility of the City. "Telecommunications facilities" means the plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, fiber optic and other cables, circuits, and wires, and any other equipment and property used by GRANTEE to provide telecommunications service. "Telecommunications service"means the providing or offering for rent, sale or lease, or in exchange for other value received,the transmittal of signals, including but not limited to, voice, data, image, graphic or video or other programming information, except cable television service,between or among points by wire,lines,cable,fiber optics,circuits,laser or infrared, microwave, radio, satellite or other telecommunications facilities, but not including cable television service. Section 3. Term of Agreement. (a) The term of this Agreement shall be for an initial term of ten years, commencing on the date of approval of this Agreement by the City Council ("Initial Term"). Unless either party gives ninety (90) days written notice of its intention to terminate the Agreement prior to the end of the Initial Term,the Agreement shall thereafter automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40)years(each a"Renewal Term");provided,however,that either party may, upon giving ninety (90) days written notice prior to the end of a Renewal Term, terminate the Agreement. Upon termination of this Agreement as herein provided, and unless the parties are in active good faith negotiation of a replacement agreement or otherwise agree in writing to an extension, GRANTEE shall be prohibited from further access to the public rights-of-way in the City of Virginia Beach. (b) Upon the termination or expiration of this Agreement,including any Renewal Term, or if any portion of GRANTEE's facilities is abandoned, GRANTEE shall remove its 4 telecommunications facilities at its own expense; provided, however, that if directed by the City in writing, GRANTEE may abandon some or all of the facilities in place, and such facilities shall become the property of the City upon their abandonment. If in the event GRANTEE fails to remove its facilities within thirty (30) days after abandonment or termination, except facilities abandoned in place at the direction of, or with the consent of the City,the City may cause such facilities to be removed,without further notice,and charge the cost for removal to GRANTEE, which shall pay such costs within thirty(30)days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction to enforce this section 3(b). Section 4. Compliance With Applicable Law. GRANTEE shall at all times during the term of this Agreement,including any renewal period,comply with all applicable federal, state, and local laws, ordinances, and regulations. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public. Section 5. Construction; Location or Relocation of Facilities. All facilities of GRANTEE shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified by the City. 5.1. INTENTIONALLY DELETED 5.2. Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a particular segment of a street or public right-of- way of the City, GRANTEE shall also install its telecommunications facilities underground. 5.3. Whenever existing overhead electric utilities, cable facilities or telecommunications facilities are relocated underground within a particular segment of a street or public right-of-way of the City, GRANTEE shall relocate its facilities underground within a reasonable period of time after notification by the City that such facilities must be relocated. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public streets or public rights-of-way. 5.4. GRANTEE shall obtain all required permits for the construction or installation of its facilities as required in this Agreement, provided, however, that nothing in this Agreement shall prohibit the City and GRANTEE from agreeing to an alternative plan to 5 review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. 5.5. In the performance and exercise of its rights and obligations under this Agreement, GRANTEE shall not interfere in any manner with the existence and operation of any public street and public or private right-of-way,sanitary sewer,water line,storm drain gas main, pole, overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers, or City property, without the prior approval of the City. • 5.6. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Virginia Beach to perform any public works or public improvements. If any facilities of GRANTEE interfere with the construction, operation, maintenance, repair or removal of such public works or public improvements, within thirty (30) days after written notice by the City of Virginia Beach(or such other period of time set forth in Section 5.7 or as may be agreed upon in writing by the City of Virginia Beach and GRANTEE), GRANTEE shall, at its own expense protect, alter, remove or relocate facilities, as directed by the City Manager or City Engineer. If GRANTEE fails to so protect, alter, remove or relocate equipment within such period, the City may break through, remove, alter or relocate the facilities of GRANTEE without any liability to City, and GRANTEE shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation. GRANTEE shall also reimburse the City for or bear any additional cost actually incurred by the City as a result of GRANTEE's failure to comply with the City's request to protect,alter or remove equipment under this Agreement. The City may collect such costs, and any reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to the City,by bringing action in any court of competent jurisdiction or exercising the City's rights to draw on bonds or letters of credit, or in any other lawful manner, individually or in combination. 5.7. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any life-threatening emergency. The City will endeavor to notify GRANTEE of such emergencies which may impact its telecommunications facilities.Nothing herein shall create any duties or obligations on the City to so notify GRANTEE nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify GRANTEE. 5.8. The facilities of GRANTEE shall be located so as not to interfere with the public safety or, to the extent possible, with the convenience of persons using the public 6 streets or rights-of-way. GRANTEE shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer,water,drainage, electrical, signal and fiber optic facilities of the City. 5.9. The City shall have the right to specifically designate the location of the facilities of GRANTEE with reference to sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, cable television facilities, and railway, communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to designate the location of GRANTEE's facilities shall not relieve GRANTEE of its responsibilities in matters of public safety, as provided in this Agreement. 5.10. Except in the cases of emergencies, GRANTEE shall not move, alter, change or extend any of its telecommunications system in any public street or public right-of-way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted, or such requirement is waived, by the City Manager. The City Manager shall use his best efforts to either approve or deny GRANTEE's request to relocate it facilities within fifteen (15) days of receipt of GRANTEE's request. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public,the City or by any other public utility, public service corporation or cable operator for their respective purposes and functions. Such work by GRANTEE shall also be coordinated with the City's annual paving program through the Office of the City Engineer. 5.11. GRANTEE shall not open, disturb or obstruct, at any time, any more of the public streets or public rights-of-way than is reasonably necessary to enable it to proceed in laying or repairing its telecommunications system. GRANTEE shall not permit any public street or public right-of-way so opened, disturbed or obstructed by it to remain open, disturbed or obstructed for a longer period of time than shall be reasonably necessary. In all cases where any public street or public right-of-way is excavated,disturbed or obstructed by GRANTEE, GRANTEE shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 5.12. After the installation, removal, relocation or construction or maintenance of 7 the fiber optic or other cable and related facilities is completed, GRANTEE shall, at its own cost, repair and return the public streets or public rights-of-way to a minimum of the same or similar condition existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City. GRANTEE shall be responsible for damage to City street pavements, existing utilities, curbs, gutters and sidewalks due to GRANTEE's installation, construction, maintenance, repair or removal of its telecommunications facilities in the public streets, public rights-of-way, and shall repair, replace and restore in kind, the said damaged property at its sole expense. Upon failure of GRANTEE to repair, replace and restore said damaged property, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City, after thirty (30) days notice in writing shall have been given by the City,the City may cause such necessary repairs to be made and may collect the costs incurred from GRANTEE, including but not limited to,exercising the City's rights to draw on bonds or letters of credit. The City may collect such costs, and any expenses and attorney fees incurred in collecting such costs, as debts owed to the City,by bringing action in any court of competent jurisdiction or in any manner allowed by law. 5.13. Neither GRANTEE,nor any person acting on GRANTEE's behalf, shall take any action or permit any action to be done which may impair or damage any City property, including,but not limited to, any public street,public right-of-way or other property located in, on or adjacent thereto. 5.14. In the event of an unexpected repair or emergency, GRANTEE may commence such repair and emergency response work as required under the circumstances, provided GRANTEE shall notify the City as promptly as possible, before such repair or emergency work is started or as soon thereafter as possible if advance notice is not practicable. 5.15. GRANTEE shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. 5.16. GRANTEE shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. 5.17. GRANTEE shall obtain all required permits from the City and any other governmental entity having jurisdiction prior to commencing work of any nature and shall comply with all terms and conditions of any such permit. GRANTEE shall furnish detailed 8 plans of the work and other required information, and shall pay all required fees prior to issuance of a permit in accordance with the rates in effect at the time of payment. GRANTEE shall comply with all applicable ordinances and permitting requirements. A single permit may be issued for multiple excavations to be made in public streets and rights-of way;provided,however,any applicable fees established by the City shall apply to each such excavation unless otherwise provided by ordinance. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in a public street or public right-of-way without a permit, GRANTEE shall make a report of each such excavation to the City within two (2) working days and pay the applicable fee. Any permit application and inspection related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay GRANTEE in efficiently discharging its public service obligation and in any event shall be granted or denied within forty-five (45) days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. 5.18. (a) Promptly after installation, repair or extension of the telecommunications system or any portion thereof or any pavement cut by GRANTEE in any public way of the City, the incidental trenches or excavations shall be refilled by GRANTEE in a manner acceptable to the City Manager. Pavement,sidewalks,curbs,gutters or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by GRANTEE at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, GRANTEE shall use materials whose type, specification and quantities exceed or are different from those used in the installation, then GRANTEE at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, GRANTEE shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the City Engineer and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring or as determined by the City Engineer. GRANTEE shall maintain, repair and keep in good condition for a period of one(1)year following such disturbance all portions of public ways disturbed by GRANTEE, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by GRANTEE. (b) All trees, landscaping and grounds removed,damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities shall be replaced or restored, as nearly as may be practicable, to the condition 9 existing prior to performance of work. All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City. 5.19. (a) GRANTEE shall promptly remove or correct any obstruction, damage, or defect in any public street or public right-of-way caused by GRANTEE in the installation, operation,maintenance or extension of GRANTEE's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by GRANTEE after proper notice to do so, given by the City to GRANTEE, may be removed or corrected by the City, and the cost thereof shall be charged against GRANTEE and payable on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, telecommunication facilities or other property resulting from construction or maintenance of GRANTEE telecommunications system shall be borne by GRANTEE and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by GRANTEE to the City. (b) If weather or other conditions do not permit the complete restoration required by this Section, GRANTEE shall temporarily restore the affected property. Such temporary restoration shall be at GRANTEE's sole expense and GRANTEE shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (c) GRANTEE or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state,and local laws and regulations,including,but not limited to,the flagging requirements of the Virginia Department of Transportation. 5.20. Except in the case of the City's negligence or intentional or willful misconduct, the City, its officers, agents, or employees, shall not be liable for any damage to or loss of any of GRANTEE's telecommunications services or telecommunications facilities within the public ways or any other areas of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work or activity or lack of any activity of any kind by or on behalf of the City. 5.21. GRANTEE shall cooperate with the City in coordinating its construction activities as follows: 10 (a) GRANTEE shall provide the City with a schedule of its proposed construction activities prior to commencing any expansion of its backbone system; (b) Upon request, GRANTEE shall meet with the City and other users of the public ways to coordinate construction in the public ways; and (c) All construction locations, activities and schedules shall be coordinated, as directed by the City Engineer, to minimize public inconvenience, disruption or damages. GRANTEE shall submit a written construction schedule to the City Engineer at least ten(10) working days before commencing any work in or about the public streets or public rights- of-way. GRANTEE shall further notify the City Engineer not less than five (5) working days in advance of such excavation or work and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act,Virginia Code Section 56-265.14, et. seq. Section 6. Mapping. (a) GRANTEE shall maintain an accurate map of its telecommunications facilities. GRANTEE shall provide the City with "as built" drawings and an accurate map or maps showing the location of its facilities, including pole lines and conduit lines and any other facilities requested by the City, to include a digitized map(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system certifying the location of all Telecommunications facilities within the City. GRANTEE shall,upon request, provide updated maps annually. (b) If any of the requested information of GRANTEE in this Agreement is considered proprietary, confidential or a trade secret, GRANTEE will notify the City of this opinion and the City will keep such information confidential to the extent permitted by the Virginia Freedom of Information Act (Virginia Code Sections 2.2-3700 thr. -3714) or other any successor statute or law. GRANTEE will submit an existing Facilities Map as a condition precedent to the City's approval of this Agreement. As for new installations, after the effective date of this franchise, GRANTEE shall submit the proposed Mapping of its plans for new construction to the City prior to any construction. As-built drawings of any new construction of facilities shall be furnished to the City within sixty (60) days of completion of such construction. All as-built maps and drawings shall be drawn to scale and reference to a physical City benchmark to the extent the physical benchmark is in reasonable proximity to GRANTEE new installation. All mapping shall be provided in a format compatible to the City's present and future mapping systems. Alternatively,GRANTEE will pay for the cost of making the mapping compatible. 11 (c) Prior to its installation of any Telecommunications facilities in the public streets or public rights-of-way and after GRANTEE provides the City with its proposed plans for the Telecommunications facilities, the City may in its discretion designate certain locations to be excluded from use by GRANTEE for its Telecommunications facilities, including, but not limited to, ornamental or similar specially designed streets lights or other facilities or locations which, in the reasonable judgment of the City Engineer, do not have electrical service adequate for or appropriate for GRANTEE's facilities or cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed Telecommunications facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been designated or planned for other use or are not otherwise proprietary, legal or other limitations or restrictions as may be reasonably determined by the City. In the event such exclusions conflict with reasonable requirements of GRANTEE, the City will cooperate in good faith with GRANTEE to attempt to find suitable alternatives, if available, provided that the City shall not be required to incur financial costs nor require the City to acquire new locations for GRANTEE. GRANTEE shall,prior to any excavation or installation within the public streets or public rights-of-way, provide sufficient notification and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights-of-way as may be provided for by a separate City policy. Such notification and adopted policies shall be designed to maximize co-location of providers to minimize the disturbance to the public streets or public rights-of- way and maximize its useable capacity. Section 7. Insurance Requirements. At all times during the term of this Agreement and any renewal period, GRANTEE shall, at its expense, maintain the following insurance policies. Any required insurance shall be in a form and with an insurance company authorized to do business in the Commonwealth of Virginia and have a rating of no less than A"VII by A.M. Best Co. (a) Commercial General Liability. Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for such coverage shall be Two Million Dollars($2,000,000)combined single limit for any one occurrence. However,the parties acknowledge that GRANTEE may meet the policy limit in this section by combination of GRANTEE's General Commercial Liability Policy and GRANTEE's Umbrella or Excess Liability Policy. (b) Contractual Liability. Broad form Contractual Liability insurance, including 12 the indemnification obligations of GRANTEE set forth in this Agreement. (c) Workers' Compensation. Workers' Compensation insurance covering GRANTEE's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. (d) Automobile Liability. Automobile Liability insurance having minimum limits of liability of One Million Dollars ($1,000,000) combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. (e) INTENTIONALLY DELETED (f) Umbrella Coverage. The insurance coverages and amounts set forth in this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of Five Million Dollars ($5,000,000). (g) Prior to commencing construction pursuant to this Agreement or within ten (10) days after the granting of the franchise contemplated by this Agreement, whichever is sooner, GRANTEE shall provide the City with a memorandum certificate or certificates of insurance, showing the type, amount, effective dates and date of expiration of the policies, and thereafter prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certificate or certificates and evidence of insurance shall include the City,its officers, agents, and employees as additional insureds. GRANTEE shall obtain a written obligation on the part of each insurance company to notify GRANTEE at least thirty(30) days before cancellation or a material change of any such insurance. Upon receipt of such notice from GRANTEE's insurance company,GRANTEE will immediately notify the City of Virginia Beach on any of the required coverages that are not replaced. Section 8. Surety. (a) Within ten (10) days after this Agreement is approved by the City, and prior to the commencement of any construction by GRANTEE, GRANTEE shall furnish and file with the City an irrevocable letter of credit, in a form and by a surety authorized to do business in the Commonwealth of Virginia and approved by the City Attorney, in the sum of Twenty-Five Thousand Dollars ($25,000). The rights reserved to the City with respect to such letter of credit shall be in addition to all other rights Grantor may have under this Agreement or any other law. GRANTEE shall not use the Letter of Credit for other purposes and shall not assign,pledge or otherwise use such Letter of Credit as security for any purpose. The letter of credit shall contain the following endorsement: 13 "It is hereby understood and agreed that this letter of credit may not be canceled without the consent of the City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." The letter of credit shall guarantee GRANTEE's faithful performance of the terms and conditions of this Agreement,including,but not limited to: (1)the timely completion of construction; (2) compliance with applicable plans,permits, technical codes and standards; (3)proper location of the facilities as specified by the City; (4)restoration of the public ways and other property affected by the construction as required by this Agreement; (5) the submission of "as-built" drawings after completion of the work as required by this Agreement; (6) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work; and (7) the payment by GRANTEE of all lawful liens,taxes, damages, claims, costs or expenses which the City has been compelled to pay or has incurred by reason of any act or default of GRANTEE under this Agreement and all other payments due the City from GRANTEE pursuant to this Agreement. Provision shall be made to permit the City to make draws against the Letter of Credit. (b) Whenever the City determines that GRANTEE has violated one (1) or more terms, conditions or provisions of this Agreement for which relief is available against the Letter of Credit, a written notice shall be given to GRANTEE. The written notice shall describe in reasonable detail the violation so as to afford GRANTEE an opportunity to remedy the violation. GRANTEE shall have twenty (20) days subsequent to receipt of the notice in which to correct the violation before the City may make demand upon the Letter of Credit. (c) In addition to the letter of credit required by this section, GRANTEE shall provide a bond, in a form and by a surety authorized to do business in the Commonwealth of Virginia, in the amount of Fifty Thousand Dollars ($50,000) securing its faithful performance of the terms and conditions of this Agreement. GRANTEE shall maintain such bond for the duration of this Franchise,unless otherwise agreed to in writing by the City. (d) Such letter of credit and bond shall be in addition to any performance or defect bond or other surety required by the City in connection with the issuance of any construction permit issued pursuant to Chapter 33 of the City Code or any successor ordinance. 14 Section 9. Transfer of ownership. Notwithstanding any provision of this Agreement, GRANTEE may not assign, transfer, lease, or sell any of the rights and privileges granted hereunder without the approval of the City Manager,which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that no consent need be obtained to assign,transfer, lease or sell any rights and privileges granted hereunder to any of GRANTEE's affiliates or any party providing financing to GRANTEE, provided that no assignment, transfer, lease or sale shall be effective until the assignee, transferee, lessee, or the purchaser, including an affiliate, has filed with the City of Virginia Beach a duly executed instrument reciting the fact of such assignment, transfer, lease or sale and accepting the terms of the Agreement and agreeing to perform all of the conditions thereof. Section 10. Indemnification. GRANTEE agrees to indemnify, defend and hold harmless the City, its officers, employees and agents from and against all claims, demands, losses, damages, liabilities, fines, and penalties, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the losses), arising out of any breach by GRANTEE of the terms and conditions of this Agreement, except to the extent proximately caused by the negligence or willful misconduct of the City of Virginia Beach, its officers, employees and agents. In addition, GRANTEE shall protect, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all demands for fees, claims, suits, actions, causes of action,or judgments based on the alleged infringement or violation of any patent,invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any Telecommunication facilities or the provision of Telecommunication service, except to the extent proximately caused by the negligence or willful misconduct of the City of Virginia Beach, its officers, employees or agents. Section 11. Hazardous Substances. In its performance of this Agreement, GRANTEE shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Agreement, and in any event GRANTEE shall comply with all federal, state, and local laws,rules, regulations, and ordinances controlling air, water,noise, solid wastes, and other pollution, and relating to the storage,transport,release,or disposal of hazardous material,substances or waste.Regardless of the City's acquiescence,GRANTEE shall indemnify and hold the City,its officers,agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from GRANTEE's violation of this section and agrees to reimburse City for all costs and expenses incurred by the City in eliminating or remedying such violations. GRANTEE also agrees to reimburse the City and hold the City,its officers, agents,employees and volunteers harmless 15 from any and all costs,expenses,attorney's fees and all penalties or civil judgments obtained against any of them as a result of GRANTEE's use or release of any hazardous substance or waste onto the ground, or into the water or air from, near or upon the City's premises. For purposes of this Section, the following definitions shall apply: "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute,ordinance,rule,order,regulation or standard in effect on the date hereof including, without limitation, the Resource Conservation and Recovery Act(42 U.S.0 6901,etseq), as amended,the Federal Insecticide,Fungicide and Rodenticide Act (7 U.S.C. 135, et seq), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq), as amended, and the Toxic Substance Control Act(15 U.S.C. 2601, et seq), as amended. As used in this Section,"release"includes the placing,releasing,depositing,spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping of any substance. Section 12. General provisions. (a) Authority. GRANTEE warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City,and upon request by the City will provide evidence of such authority. (b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or GRANTEE may have, at law or in equity, for enforcement of this Agreement. (c) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (d) Nonenforcement. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party, upon any one or more occasions, to insist upon strict performance of this Agreement or to seek the other party's compliance with any one or more of such terms or conditions of this Agreement. 16 (e) Conflicts of law. If there is a conflict between the provisions of this Agreement and any law, whether federal, state, or City, including all future laws and ordinances, the law and conflicting Agreement provision will, to the extent reasonably possible, be construed so as to be consistent with each other and if such construction is not reasonably possible,the conflicting provision of this Agreement shall be deemed superseded by such law and have no effect, notwithstanding the contract clause of the United States Constitution. (f) Controlling law and venue. By virtue of entering into this Agreement, GRANTEE agrees and submits itself to a court of competent jurisdiction in the City of Virginia Beach, Virginia or in the United States District Court for the Eastern District of Virginia, Norfolk Division, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims,disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws or by any regulatory body with jurisdiction, including the Federal Communications Commission. (g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (h) Nondiscrimination. During the performance of this Agreement, GRANTEE agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, handicap or national origin. GRANTEE agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. GRANTEE, in all solicitations or advertisements for employees placed by or on behalf of GRANTEE, will state that GRANTEE is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. GRANTEE agrees to comply with the good faith minority business efforts required by the Virginia Beach City Code. (i) Compliance with Virginia Human Rights Act. The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the performance of this Agreement, GRANTEE shall comply with the Virginia Human Rights 17 Act, as amended. (j) Notices. (a) Notices given pursuant to this Agreement shall be in writing and addressed as follows: To the City: City Manager Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456. With a Copy to: City Attorney Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456. To GRANTEE: Licensee Vero Fiber Networks, LLC Chief Legal Officer PO Box 1110 Boulder, CO 80306 With a Copy to: Licensee Vero Fiber Networks, LLC Chief Operating Officer PO Box 1110 Boulder, CO 80306 (b) Either party may change the address at which it will receive notices by providing written notice of the change to the other party. 18 IN WITNESS WHEREOF, the parties have duly executed this Agreement. VERO FIBER NETWORKS, LLC A limited liability company By: Name: Title: State of City/County of , TO WIT; The foregoing instrument was acknowledged before me this day of , 2022, by , of Vero Fiber Networks, LLC, a company. Notary Public My commission expires: My registration number: 19 CITY OF VIRGINIA BEACH a Virginia municipal corporation By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Amanda Barnes, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: My registration number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by Amanda Barnes, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: My registration number: Approved as to Content: Approved as to Legal Sufficiency: Information Technology City Attorney's Office Department 20 r e Approved as to Risk Management: Risk Manager 21 Do tSign Envelope ID:C27A3ED7-968c-43c• 1110 • Virginia Beach APPLICANT'S NAME Vero Fiber Networks, LLC DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: GI ZS!ZGZ2 rel NO CHANGES AS OF DATE Ze f 2.022_. REVISIONS SUBMITTED DATE: DocuSign Envelope ID:C27A3ED7-96BC-43CD- )-0A7BCEEECCD4 C1ty OS Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_Vero Fiber Networks, LLC If an LLC, list all member's names: VFN Holdings Inc If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) VFN Holdings Inc Vero Broadband Holdings Inc Vero Broadband, LLC Full Tilt Communications, LLC OurayNet, LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Page 2 of 5 DocuSign Envelope ID:C27A3ED7-96BC-43CD- ;0-0A7BCEEECCD4 • Virginia Beach If an LLC, list the member's names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 DocuSign Envelope ID:C27A3ED7-96BC-43CD-A__J-0A7BCEEECCD4 • 111 City or Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ED Accounting and/or preparer of your tax return ❑ ED Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ En purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors Future-Primoris ❑ Engineers / Surveyors/ Agents NB&C Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property - = n SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 111 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 DocuSign Envelope ID:C27A3ED7-96BC-43CD 3-0A7BCEEECCD4 11/42B Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Pav,i41, David Hill 6/13/22 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 fr° � 11 6� `iaLvwi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 23, Article II of the City Code, Pertaining to Noise MEETING DATE: July 12, 2022 • Background: In 2009, the City Council adopted the current version of the noise ordinance after the Virginia Supreme Court declared the City's previous noise ordinance unconstitutionally vague. The current noise ordinance relies on sound pressure levels measured by noise meters. • Considerations: The proposed changes to the noise ordinance would streamline enforcement with reduced reliance on specialized sound meter equipment. The ordinance would establish a hybrid penalty structure, imposing civil penalties for some violations while preserving criminal penalties for repeat or severe violations. A key change in the noise ordinance is the addition of a "plainly audible" standard, where certain sounds that are plainly audible inside an individual's home or beyond a specified distance from its source would constitute violations. Sound is plainly audible if it can be heard by the human ear with or without a medically approved hearing aid or device. A violation of the plainly audible standard would result in a civil violation punishable by a fine of $250 for a first offense. Excessive noise as determined by decibel readings will continue to be violations under the proposed ordinance and may result in misdemeanor charges. The ordinance has been updated to address concerns raised by the Council during its May 24, 2022, workshop, such as clarifying the procedure to serve process on a business, reconciling the evening enforcement time, and defining "noise" and "noise source." Other clarifying changes have been proposed by staff, including the combining of largely duplicative provisions in Sections 23-66(a) and (b) and inserting language that makes clear that plainly audible sound that is contained on the private property where the noise source is located would not give rise to a civil violation. • Public Information: The proposed amendments to the noise ordinance were first publicly briefed during the City Council Workshop on May 24, 2022. The proposed ordinance was posted on the City website with detailed information on the Public Comment Session and how the public could provide input. Public comment was received by the City Council on June 7, 2022, on which date the Council deferred the item so additional public input could be received at a workshop that was held on June 28, 2022. The attached ordinance contains all of the changes that have been proposed since May 24, 2022. A redlined version that shows the changes between the current draft and the version that was included in the June 7, 2022 agenda is attached as an exhibit. • Recommendation: Approve updated ordinance • Attachments: Ordinance; Redlined Version Attachment REQUESTED BY COUNCILMEMBERS TOWER AND MOSS JUNE 28 REVISED VERSION 1 AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE II OF 2 THE CITY CODE, PERTAINING TO NOISE 3 4 SECTIONS AMENDED: §§ 23-63, -64, -65, -66, -67, -68, -69, -70, 5 AND -71 6 7 SECTIONS REPEALED: §§ 23-72, AND -73 8 9 WHEREAS, certain noise is a hazard to public health, welfare, peace and safety 10 and the quality of life of the citizens of Virginia Beach; and 11 12 WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled 13 to and should be ensured of an environment free from noise that jeopardizes public 14 health, welfare, peace and safety or degrades the quality of life; and 15 16 WHEREAS, it is the policy of the City of Virginia Beach to protect the health, 17 welfare, peace and safety of its residents and visitors and to promote an environment free 18 from sound and noise disruptive of peace and good order; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That Sections 23-63, -64, -65, -66, -67, -68, -69, -70, and -71 of the Code of the 24 City of Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 25 26 27 Chapter 23. OFFENSES 28 29 ARTICLE I. MISCELLANEOUS OFFENSES 30 31 . . . . 32 33 ARTICLE II. NOISE 34 35 36 Sec. 23-63. Declaration of findings and policy. 37 38 The city City council hereby finds and declares that certain noise scive sound 39 is a scriou: hazard to public health, welfare, peace and safety and the quality of life of 40 the citizens of Virginia Beach; 41 which excessive sound may be substantially abatcd; that the people have a right to and 42 should be ensured of an environment free from noise excessive—sue—that may 43 jeopardizes the public health, welfare, peace and safety or degrades the quality of life; 44 and that it is the public policy of the city council to prevent such noise cxcessive sound to 45 the extent such action is not inconsistent with state or federal law or Constitutional a 46 citizen-Is-First-Amendment rights. JUNE 28 REVISED VERSION 47 48 Sec. 23-64. Definitions. 49 50 The following words, terms and phrases, when used in this article, shall have the 51 meanings ascribed to them in this section, except where the context clearly indicates a 52 different meaning: 53 54 A-weighted sound level means the sound pressure level in decibels as measured 55 on a sound level meter using the A-weighting network. The level so read is designated 56 dB(A) or dBA. 57 58 59 60 61 62 63 specific sound generation itself. 64 65 Decibel(dB) means a unit for measuring the volume of a sound, equal to twenty (20) 66 times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured 67 to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons 68 per square meter). 69 70 Dwelling unit means one (1) or more rooms arranged, designed, or intended to be 71 occupied as living quarters, on a permanent or temporary basis, having rigid exterior wall 72 structures. 73 74 Emergency means any occurrence or set of circumstances involving actual or 75 76 77 Emergency and public safety work means any work performed for the purpose of 78 preventing or alleviating the physical injury,Of illness, or property damage threatened or 79 , or work performed by public and private service companies 80 constructing, inspecting, and repairing utilities, repairing and maintaining roads, bridges, 81 and highways, providing snow removal, and the operation of public safety and emergency 82 vehicles. 83 84 Enclosed dwelling unit means the dwelling unit has its doors and windows closed. 85 86 Enclosed vehicle means a vehicle with all operable doors, windows, sunroof, and 87 other openings closed. 88 89 Gross vehicle weight rating (GVWR) mea-Rs the value specified by the manufacturer 90 91 trailers and tractors are separable, the gross combination weight rating (GCWR), which JUNE 28 REVISED VERSION 92 93 , 94 95 , 96 , 97 , 98 99 Medical care facility is defined as set forth in Section 32.1-102.1 of the Code of 100 Virginia, 1950, as amended. 101 102 103 regulations apply pursuant to section 18 of the Federal Noise Control Act of 1972 (P.L. 104 , 105 106 Motorcycle means any motor vehicle designed to travel on not more than three (3) 107 108 hundred (500) pounds and equipped with an engine of less than six (6) horsepower, 109 excepting farm tractors. 110 111 Motor vehicle means every vehicle defined as a motor vehicle by 5 46.2-100 of Code 112 of Virginia (1950), as amended any self propelled device or device designed for self 113 , 114 upon-a-street or highway, e„cept devices moved by human power or used exclusively 115 . 116 117 Noise means the intensity, frequency, duration, or character of sounds from one or 118 more sources 119 . 120 121 Noise source means any equipment, facility, motor vehicle, conduct, activity or 122 operation, whether human, animal, mechanical, electronic or other, and whether 123 continuous, intermittent or sporadic, and whether stationary or ambulatory in nature, 124 which produces or results in an audible sound. 125 126 Person means any individual, corporation, cooperative, partnership, firm, 127 association, trust, estate, public or private institution, group, agency, political subdivision 128 of this state or any legal successor, representative, agent or agency of the foregoing. 129 130 Plainly audible means any sound or noise that can be heard by the human ear with 131 or without a medically approved hearing aid or device. Specific words or phrases need 132 not be discernible. The detection of bass reverberations is sufficient to constitute a plainly 133 audible sound. The sound must not be so faint that its source cannot be identified. 134 135 Private property of another means any privately owned property other than the 136 property where the noise source is located. 137 JUNE 28 REVISED VERSION 138 , 139 limited to, public rights of way, sidewalks, parks, and buildings. 140 141 Residential dwelling means any building or other structure in which one or more 142 , , 143 , 144 145 146 food or drink is available foreatingf}e-prcmisc*, in consideration for payment. For 147 phases of this chapter, the term restaurant includes, but is not limited to, bars, lounges, 148 ferns coffee shops and cafe 149 150 School means a public school subject to Title 22.1 of the Code of Virginia, 1950, as 151 amended, a private school serving children in one (1) or more grades between 152 kindergarten and grade twelve (12), a school for students with disabilities as that term is 153 defined in Section 22.1-319 of the Code of Virginia, 1950, as amended, a child day care 154 center as that term is defined in Section 63.2-100 of the Code of Virginia, 1950, as 155 amended, and any public or private institution of higher learning, as those terms are 156 defined in Section 23.1-100 of the Code of Virginia, 1950, as amended. 157 158 Sound amplifying equipment means any machine or device for the amplification of 159 the human voice, music or any other sound. This term shall not include warning devices 160 on authorized emergency vehicles, or horns or other warning devices on other vehicles 161 used only for traffic safety purposes. 162 163 Sound means an oscillation in pressure, particle displacement, particle velocity or 164 other physical parameter, in a medium with internal forces that causes compression and 165 rarefaction of that medium. The description of sound may include any characteristic of 166 such sound, including duration, intensity and frequency. 167 168 Sound generation means any conduct, activity or operation, whether human, 169 , 170 dible sound. 171 172 Sound level means the weighted sound pressure level obtained by the use of a 173 sound level meter and the A-frequency weighting network, as specified in American 174 National Standards Institute specifications for sound level meters. 175 176 Sound level meter means an instrument which includes a microphone, amplifier, 177 RMS detector, integrator or time averager, output meter and weighting networks used to 178 measure sound pressure levels. 179 180 181 Sec. 23-65. Administration and enforcement. 182 JUNE 28 REVISED VERSION 183 (a) The department of police shall be charged with administering and enforcing the 184 provisions of this article and may be assisted by other city departments as directed 185 by the city manager. The police depar+men+ y is ue a s Ammons for enforcement 186 187 188 (b) Any person operating, permitting, or controlling a source of noise shall be guilty of 189 any violation caused by that source. If the person operating,permitting, or controlling 190 the noise source cannot be identified, or the noise source is a business entity or 191 premises, any owner, tenant, resident, or manager physically present on the 192 property where the noise source is located may be charged if the circumstances 193 establish their dominion and control over the noise source. Nothing-in-this-section 194 ' 195 ' 196 (c) Whenever an authorized enforcement officer has reason to believe that a violation 197 of any provision of this article has occurred and may re-occur, such officer may give 198 notice of the violation to the person operating, permitting, or controlling a source of 199 noise in violation of this article, ordering the person to take such corrective measures 200 as are necessary to prevent such re-occurrence. If a noise source in violation of this 201 chapter is a business entity or premises, the notice of violation may be directed to 202 any owner, officer, director, or registered agent of such business. The notice and 203 order shall be in writing and shall be hand-delivered to the person to whom directed, 204 or if not found, by mailing a copy thereof by certified mail to his or her usual place of 205 abode and conspicuously posting a copy at the premises affected by notice and 206 order, if any. 207 (d) Nothing in this article shall prevent an authorized enforcement officer from making 208 efforts to obtain voluntary compliance through warning, conference or any other 209 appropriate means. 210 211 Sec. 23-66. Specific Prohibitions (Civil Violationsl. 212 213 of this article s-haH be deerned to be guilty of 214 a Class 3 misdemeanor for a first offense. Any person-who-v elates 215 216 Class 2 misdemeanor. 217 noise source ski-a-N be gay of any violation 218 caused by that source. If that cannot be determined, any owner, tenant, resident or 219 manager physically present on the property where the violation is occurring is rebuttably 220 presumed to be operating or controlling the noise source. 221 (c) In addition to and not in lieu of the penalties prescribed in this section, the city may 222 223 224 Subject to the exceptions provided in Section 23-70, any of the following acts, or the 225 causing or permitting thereof, is declared to be a civil violation of this Article without any JUNE 28 REVISED VERSION 226 requirement of scientific measurement of sound levels by a sound level meter or any 227 similar device. This enumeration shall not be construed to limit, in any way, the general 228 prohibitions contained in Section 23-67: 229 (a) Radios, television sets, musical instruments, loudspeakers, amplifiers and similar 230 devices. Using, operating, playing or permitting the operation or playing of any radio, 231 audio system in a motor vehicle, television, record, tape or compact disc player, 232 drum, musical instrument, loudspeaker, communication system, amplifier, or any 233 device capable of producing, reproducing or amplifying sound, or similar device in 234 such a manner or with such volume or duration that it is plainly audible (i) inside the 235 confines of another person's enclosed dwelling unit; or (ii) on private property of 236 another or on any public property at a distance of 100 or more feet in any direction 237 from the noise source between the hours of 7:00 a.m. and 10:00 p.m.; or (iii) on 238 private property of another or on any public property at a distance of 50 or more feet 239 in any direction from the noise source between the hours of 10:00 p.m. and 7:00 240 a.m. 241 (b) Vehicle horns, signaling devices and similar devices. Sounding or permitting the 242 sounding of any horn, whistle, signaling device, or similar device on any automobile, 243 motorcycle or other vehicle on any right-of-way or in any public space continuously 244 or intermittently for more than ten (10) consecutive seconds, except when the 245 sounding of any such device is intended as a danger warning. 246 (c) Non-emergency signaling devices. Sounding or permitting the sounding of any 247 amplified signal continuously or intermittently from any bell, chime, siren, whistle or 248 similar device intended primarily for non-emergency purposes from any one location 249 for more than ten (10) consecutive seconds in any hourly period; provided, however, 250 that this subsection shall not apply to the sounding of such devices by religious uses 251 or by public bodies or agencies for testing, traffic control or other public purposes. 252 (d) Emergency signaling devices, security, burglar and fire alarms, etc. Sounding or 253 permitting the continuous or intermittent sounding outdoors of any emergency 254 signaling device, or any security, burglar or fire alarm, siren, whistle, or similar 255 device, including without limitation any motor vehicle security alarm, siren, whistle, 256 or similar device, for a period in excess of ten (10) minutes in any residential area 257 and fifteen (15) minutes in any other area, except in response to a burglary, 258 attempted burglary, fire, or other emergency after giving notice and a reasonable 259 opportunity for the owner or person in possession of the premises served by any 260 such alarm to turn off the alarm. 261 (e) Explosive, fireworks and similar devices. Using or firing any explosives, fireworks or 262 similar devices which create impulsive sound in such a manner as to be plainly 263 audible (i) inside the confines of another person's enclosed dwelling unit; or (ii) on 264 private property of another or on any public property at fifty (50) or more feet from 265 the noise source. An exception to this subsection may be granted by the City 266 Manager through a fireworks permit. 267 (f) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of 268 10:00 p.m. and 7:00 a.m. in such a manner as to permit sound to plainly audible (i) 269 inside the confines of another person's enclosed dwelling unit; or (ii) on private JUNE 28 REVISED VERSION 270 property of another or on any public property at fifty (50) or more feet from the noise 271 source. 272 (g) Social gatherings and parties. Allowing any noise between 10:00 p.m. and 7:00 a.m. 273 generated from a gathering of two (2) or more people that is plainly audible (i) inside 274 the confines of another person's enclosed dwelling unit; or (ii) on private property of 275 another or on any public property, at fifty (50) or more feet from the gathering. 276 (h) Schools, public buildings, places of worship, and hospitals. The creation of any noise 277 on the grounds of or on any street adiacent to any school, court, public building, 278 place of worship, hospital, nursing home, or assisted-living facility while the same is 279 in use in a manner that is plainly audible within such building while it is use and 280 interferes with the operation of the institution. 281 (i) Vehicles. Operation of a motor vehicle or operation of a motorcycle within the city 282 with a putted muffler, muffler cutout, straight exhaust, or without an exhaust system 283 in good working order, as provided by Code of Virginia, 5.5 46.2-1047 and 46.2-1049. 284 (j) Construction equipment, pneumatic hammer, chain saw, etc. The operation of any 285 bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, 286 pneumatic hammer, chain saw, steam shovel, derrick, steam or electric hoist, or 287 other appliance or other construction equipment between the hours of 10:00 p.m. 288 and 7:00 a.m. except as provided in section 23-70 below, or as specifically deemed 289 necessary and authorized by a written document issued by the city manager or his 290 designee. 291 (k) Animals. Allowing any animal or bird to create sound or noise that is plainly audible 292 at least once a minute for twenty (20) consecutive minutes (i) inside the confines of 293 another person's enclosed dwelling unit; or (ii) on private property of another or on 294 any public property at a distance of fifty (50) feet or more from the animal or bird. 295 This subsection shall not apply to any bona fide agricultural activity. 296 (I) Commercial vehicle and trash collection vehicle operation. The operation of a trash, 297 refuse, waste, or recycling collection vehicle, or other commercial vehicle between 298 the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible 299 inside the confines of another person's enclosed dwelling unit. 300 (m) Lawn care activities. Creating any sound or noise plainly audible inside the confines 301 of another person's enclosed dwelling unit between 10:00 p.m. and 7:00 a.m. in 302 connection with lawn care, leaf removal, gardening, tree maintenance or removal or 303 other landscaping, lawn or timbering activities. 304 305 Sec. 23-67. Noise violations measured by sound level meter; maximum permitted 306 levels (Criminal Violations)Exeeptions. 307 308 309 of alerting persons to the existence of an cmergency; (2) the emission of sound-i -#he 310 , , 311 authorized by a permit issued p os„a„t to sections 4 1 or 2'I 6; or (5) activitie 312 the regulati e has been preempted by federal law. JUNE 28 REVISED VERSION 313 In addition to the specific prohibitions of Sections 23-66 above, certain other sounds 314 or noises shall be regulated on a decibel basis as measured by a sound level meter. 315 Subiect to the exceptions provided in Section 23-70, any of the following acts, or the 316 causing or permitting thereof, is declared to be a criminal violation of this Article: 317 (a) Operating, permitting, or causing any source of sound or noise to create a sound 318 level inside the confines of another person's enclosed dwelling unit between the 319 hours of 10:00 p.m. and 7:00 a.m. in excess of fifty-five (55) dBA, or between the 320 hours of 7:00 a.m. and 10:00 p.m. in excess of sixty-five (65) dBA, when measured 321 inside the enclosed dwelling unit at least four (4) feet from the wall nearest the 322 source, with doors and windows to the receiving area closed. 323 (b) Operating, permitting, or causing any source of sound or noise to create a sound 324 level that when measured in any public area, including but not limited to any public 325 street or sidewalk, or from other private property, between the hours of 7:00 a.m. 326 and 10:00 p.m. exceeds seventy-five (75) dBA, or between the hours of 10:00 p.m. 327 and 7:00 a.m. exceeds sixty-five (65) dBA; provided, however that the provisions of 328 this subsection shall not apply to any outdoor performance, parade, gathering, 329 dance, concert, show, sporting event, or other event sponsored by the city or for 330 which the city has granted a permit. 331 332 Sec. 23-68. Sound level meter measurement procedures (Criminal Violations)Use 333 . 334 335 The decibel level of any sound or noise regulated on a decibel basis by this article 336 shall be measured by a sound level meter. The text results Such measurements 337 shall be accepted as prima facie evidence of the level of sound or noise at issue in 338 any court or legal proceeding to enforce the provisions of this article if administered 339 er to implement and enforce 340 this article effectively, the chief of police sh 341 The 342 accuracy of the sound level meter may be tested by a calibrator. Any sworn report 343 of the results of any test of the calibrator for the accuracy of a sound level meter 344 shall be admissible in court in any criminal or civil proceeding, as evidence of the 345 facts therein stated. 346 An individual operating a sound level meter pursuant to the provisions of this article 347 shall issue a certificate to indicate: 348 (1) That the sound level meter used to take the decibel level reading was 349 operated in accordance with the manufacturer's specifications; 350 (2) That the city has on file a sworn report which states that the sound level meter 351 has been tested within the past twelve (12) months and has been found to be 352 accurate; 353 (3) The name of the accused; 354 (4) The location of the sound or noise; 355 (5) The date and time that the reading was made; and JUNE 28 REVISED VERSION 356 (6) The decibel level reading. 357 Such certificate, when attested by the operator taking the decibel level reading, shall 358 be admissible in court in any proceeding as evidence of the facts therein stated and 359 of the decibel level reading. A copy of the certificate shall be delivered to the accused 360 upon request. 361 362 Sec. 23-69. Violations and Penalties 363 dwellings. 364 365 (a) Civil Violations. Any person who commits, permits, or assists in any violation of 366 Section 23-66 of this article, whether by act or omission, shall be liable for a civil 367 violation as follows: 368 (1) The first violation by such person shall be punished by a civil penalty in the 369 amount of$250. 370 (2) The second violation, and any subsequent violation, committed by such 371 person within one year of any previous violation shall be punished by a civil 372 penalty in the amount of$500. 373 (b) Procedures for Civil Violations. 374 (1) If an authorized enforcement officer determines that a civil violation of this 375 article has occurred, the officer may cause a notice of the violation to be hand- 376 delivered to any or all persons committing, permitting, or assisting in such 377 violation, or if not found, by mailing a copy thereof by certified mail to his or 378 her usual place of abode and conspicuously posting a copy at the premises 379 which is the source of the noise, if any. 380 (2) The notice shall provide that the person charged with a violation may elect to 381 make an appearance in person, or in writing by mail, to the treasurer of the 382 city, and admit liability for or plead no contest to the violation, abate the 383 violation, and pay the civil penalty established for the violation, all within the 384 time period fixed in the notice. 385 (3) If a person charged with a civil violation does not elect to admit liability or 386 plead no contest, and abate the violation, the violation shall be tried in the 387 Virginia Beach General District Court upon a warrant in debt or motion for 388 judgment, with the same right of appeal as provided for civil actions at law. 389 (i) In the event the violation exceeds the jurisdictional limits of the General 390 District Court, the violation shall be tried in the Virginia Beach Circuit 391 Court. 392 (4) A finding or admission of liability or a plea of no contest to a civil violation 393 shall not be deemed evidence of a criminal violation for any purpose. 394 (5) A notice of civil violation as provided in this section may be issued or had, 395 notwithstanding that no prior notice of violation and ordering of corrective 396 measures as provided in Section 23-65 has been given. 397 (c) Criminal Violations. JUNE 28 REVISED VERSION 398 (1) Any person who commits, permits, or assists in any violation of Section 23- 399 67 of this article, whether by act or omission, shall be guilty of a misdemeanor 400 as follows: 401 (i) The first violation by such person shall constitute a class 2 402 misdemeanor. 403 (ii) The second violation, and any subsequent violation, committed by such 404 person within one year of any previous violation shall constitute a class 405 1 misdemeanor. 406 (2) Any person who knowingly refuses or neglects to comply with any injunction 407 order issued by a Court of competent iurisdiction or any written order to cease 408 or abate any violation of this article, issued by an authorized enforcement 409 officer pursuant to Section 23-65(c), shall be guilty of a misdemeanor as 410 follows: 411 (i) The first violation by such person shall constitute a class 2 412 misdemeanor. 413 (ii) The second violation, and any subsequent violation, committed by such 414 person within one year of any previous violation shall constitute a class 415 1 misdemeanor. 416 (d) Injunction. In addition to and not in lieu of the penalties prescribed in this section, 417 the city may apply to the Virginia Beach Circuit Court for an injunction against the 418 continuing, repeated, or intermittent violation of any of the provisions of this article 419 and may seek any other remedy or relief authorized by law. 420 (e) Each hour of a continued, repeated, or intermittent violation shall constitute a 421 separate offense, whether civil or criminal, under this article. 422 (a) Nighttime. No person shall permit, operate or causc a 423 ' 424 425 the residence at least four (4) feet from the wall--ncthe , 426 427 428 sound level in another pers the hours between 7:00 429 a.m. and 10:00 p.m. in excess of 65 dBA when mcastwred inside the residence at 430 , 431 receiving area „l„sea 432 433 , 434 measurements to determine sound levels from indoor common areas or other 435 h... when-requested to do so-by a residential-occupant 436 437 least four (4) feet from the wall, ceiling or floor nearest the noise source, with doors 438 439 (d) Exemptions. The following activities or sources of noise shall be exempt from-the 440 daytime prohibition se section: JUNE 28 REVISED VERSION 441 442 school sponsored activities on the grounds of public or private schools, 443 colleges, or universities. 444 (2) Athletic contests and other officia y-sanctioned--act+w#iec in cit„ parks „r 445 facilities. 446 {3) Activities related to the construction, repair, maintenance, remodeling or 447 , 448 (4) Gardening, lawn car , 449 activities, 450 (5) Agriculturalactivities. 451 {6) Church be , 452 {7) Religious or political gatherings to the exte. t th�tthh , activit s are 453 protected by the First Amendment to the United States Constitution. 454 (8) Public transportation, refuse c 455 456 Sec. 23-70. Exceptions ; 457 . 458 459 The prohibitions found in Sections 23-66 and 23-67 shall not apply to: 460 (a) Noise created for purposes of alerting persons to the existence of an emergency, 461 provided such noise ceases once any such threat is no longer imminent. 462 (b) Noise created in the performance of emergency and public safety work or law 463 enforcement activities, including radios, sirens, horns, and bells on police, fire, or 464 other emergency response vehicles. 465 (c) Noise created by and as a result of events or activities sponsored by the City. 466 (d) Activities permitted by law for which a specific license or permit has been granted 467 by the city, state or federal government; including, but not limited to, noise generated 468 by and necessary for the conduct of public festivals, parades, special events, and 469 celebrations of recognized federal, state and local holidays. 470 (e) Noise or sound produced by a horn or warning device of a vehicle when used as a 471 warning device, including back-up alarms for trucks and other equipment. 472 (f) Clocks, bells, and carillons between the hours of 7:00 a.m. and 10:00 p.m., provided 473 that any such sounds do not occur for more than five (5) consecutive or non- 474 consecutive minutes in any one (1) hour. 475 (g) Locomotives and other railroad equipment, and aircraft. 476 (h) Military activities of the Commonwealth of Virginia or of the United States of America. 477 (i) Activities for which the regulation of noise has been preempted by federal law. 478 (j) Agricultural activities conducted between the hours of 7:00 a.m. and 10:00 p.m. in 479 an agricultural area. 480 (k) Band performances or practices, athletic contests or practices and other school- 481 sponsored activities on the grounds of public or private schools, colleges, or 482 universities. JUNE 28 REVISED VERSION 483 (I) Normal and customary use of outdoor recreational facilities owned or leased by the 484 city. 485 (m) Normal and customary use of open-air venues for which a conditional use permit 486 has been issued pursuant to the city zoning ordinance. 487 488 489 490 491 the level set forth in the following table: 492 Sound level in dBA Vehicle Class Speed limit 35 Speed limit over MPH or less 35 MPH All motor vehicles of GVWR or GCWR of 6,000 88— 00 lbs. or more Any motorcycle 82 86-- vehicles towed by any-; ;;;ot c 76 82 493 494 {b) This section shall not apply to any motor carrier vehicle engaged in interstate 495 commerce. 496 497 498 any person to play or operate, or permit the playing, use or operation of, any radio, 499 tape player, compact disc player, loud speaker or other electronic device used for 500 ated or 501 502 t a distance of 503 504 505 The provisions of this subsection shall not apply to motor vehicle* driven in a duly 506 parade, nor to motor vehicle alarms or other security devices, nor to the 507 508 or the emission of sound in the performance of emergency work. 509 510 511 512 513 be construed to limit, in any way, the general prohibitions contained in section 23 69: 514 515 {a)Vehicle horns, signaling devices and similar devices. 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ZZ9 . tyo `ttaq Au 29 Aue to 6uipunos an 6uifliuuad Jo 6utpunos .seotnap 6uiteu6is Aoua6JawauoN(q) 0Z9 uP 61.5 ` 81.5 NOISb3A a3SIA2 18Z 3Nflf JUNE 28 REVISED VERSION 563 A determination of invalidity or unconstitutionality by a court of competent jurisdiction 564 of any clause, sentence, paragraph, section or part of this article shall not affect the 565 validity of the remaining parts thereto. 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: ,` / • l• at'Cl ‘41-t,k% Police Department City Attorney's Office CA15515 R-7 June 28, 2022 JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 1 AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE II OF 2 THE CITY CODE, PERTAINING TO NOISE 3 4 SECTIONS AMENDED: §§ 23-63, -64, -65, -66, -67, -68, -69, -70, 5 AND -71 6 7 SECTIONS REPEALED: §§ 23-72, AND -73 8 9 WHEREAS, certain noise is a hazard to public health, welfare, peace and safety 10 and the quality of life of the citizens of Virginia Beach; and 11 12 WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled 13 to and should be ensured of an environment free from noise that jeopardizes public 14 health, welfare, peace and safety or degrades the quality of life; and 15 16 WHEREAS, it is the policy of the City of Virginia Beach to protect the health, 17 welfare, peace and safety of its residents and visitors and to promote an environment free 18 from sound and noise disruptive of peace and good order; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That Sections 23-63, -64, -65, -66, -67, -68, -69, -70, and -71 of the Code of the 24 City of Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 25 26 27 Chapter 23. OFFENSES 28 29 ARTICLE I. MISCELLANEOUS OFFENSES 30 31 . . . . 32 33 ARTICLE II. NOISE 34 35 36 Sec. 23-63. Declaration of findings and policy. 37 38 The city City council hereby finds and declares that certain noise excessive sound 39 is a scrious hazard to public health, welfare, peace and safety and the quality of life of 40 the citizens of Virginia Beach; 41 ; that the people have a right to and 42 should be ensured of an environment free from noise cxccsvive sound that FRay 43 jeopardizes the public health, welfare, peace and safety or degrades the quality of life; 44 and that it is the public policy of the city council to prevent such noise cxceszivc sound to 45 the extent such action is not inconsistent with state or federal law or Constitutional a 46 citizen's First Amendment rights. JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 47 48 Sec. 23-64. Definitions. 49 50 The following words, terms and phrases, when used in this article, shall have the 51 meanings ascribed to them in this section, except where the context clearly indicates a 52 different meaning: 53 54 A-weighted sound level means the sound pressure level in decibels as measured 55 on a sound level meter using the A-weighting network. The level so read is designated 56 dB(A) or dBA. 57 58 59 60 61 62 the place where a specific sound generation is measured or evaluated, excluding-the 63 . 64 65 Decibel(dB) means a unit for measuring the volume of a sound, equal to twenty(20) 66 times the logarithm to the base ten (10)of the ratio of the pressure of the sound measured 67 to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons 68 per square meter). 69 70 Dwelling unit means one (1) or more rooms arranged, designed, or intended to be 71 occupied as living quarters, having rigid exterior wall structures. 72 73 74 75 76 Emergency and public safety work means any work performed for the purpose of 77 preventing or alleviating the physical injury,of illness, or property damage 78 , or work performed by public and private service companies 79 constructing, inspecting, and repairing utilities, repairing and maintaining roads, bridges, 80 and highways, providing snow removal, and the operation of public safety and emergency 81 vehicles. 82 83 Enclosed dwelling unit means the dwelling unit has its doors and windows closed. 84 85 Enclosed vehicle means a vehicle with all operable doors, windows, sunroof, and 86 other openings closed. 87 88 89 90 , 91 92 of the combination vehicle, shall be used. JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 93 94 , 95 , 96 97 98 Medical care facility is defined as set forth in Section 32.1-102.1 of the Code of 99 Virginia, 1950, as amended. 100 101 102 regulations apply pursuant to section 18 of the Federal Noise Control Act of 1972 (P.L. 103 104 105 106 107 , 108 excepting farm tractors. 109 110 Motor vehicle means every vehicle defined as a motor vehicle by§ 46.2-100 of Code 111 of Virginia (1950), as amended any self propelled device or device designed for self 112 y which any per 113 , 114 . 115 116 Noise means the intensity, frequency, duration, or character of sounds from one or 117 more source ich disturbs or tends to dim 118 . 119 120 Noise source means any equipment, facility, motor vehicle, conduct, activity or 121 operation, whether human, animal, mechanical, electronic or other, and whether 122 continuous, intermittent or sporadic, and whether stationary or ambulatory in nature, 123 which produces or results in an audible sound. 124 125 Person means any individual, corporation, cooperative, partnership, firm, 126 association, trust, estate, public or private institution, group, agency, political subdivision 127 of this state or any legal successor, representative, agent or agency of the foregoing. 128 129 Plainly audible means any sound or noise that can be heard by the human ear with 130 or without a medically approved hearing aid or device. Specific words or phrases need 131 not be discernible. The detection of bass reverberations is sufficient to constitute a plainly 132 audible sound. The sound must not be so faint that its source cannot be identified. 133 134 Private property of another means any privately owned property other than the 135 property where the noise source is located. 136 137 , 138 , JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 139 140 141 ary basis, including, but not limited to, houses, 142 143 144 145 146but is not limited to, bars, lounges, 147 . 148 149 School means a public school subject to Title 22.1 of the Code of Virginia, 1950, as 150 amended, a private school serving children in one (1) or more grades between 151 kindergarten and grade twelve (12), a school for students with disabilities as that term is 152 defined in Section 22.1-319 of the Code of Virginia, 1950, as amended, a child day care 153 center as that term is defined in Section 63.2-100 of the Code of Virginia, 1950, as 154 amended, and any public or private institution of higher learning, as those terms are 155 defined in Section 23.1-100 of the Code of Virginia, 1950, as amended. 156 157 Sound amplifying equipment means any machine or device for the amplification of 158 the human voice, music or any other sound. This term shall not include warning devices 159 on authorized emergency vehicles, or horns or other warning devices on other vehicles 160 used only for traffic safety purposes. 161 162 Sound means an oscillation in pressure, particle displacement, particle velocity or 163 other physical parameter, in a medium with internal forces that causes compression and 164 rarefaction of that medium. The description of sound may include any characteristic of 165 such sound, including duration, intensity and frequency. 166 167 , 168 , ' rmittent or sporadic, and 169 170 171 Sound level means the weighted sound pressure level obtained by the use of a 172 sound level meter and the A-frequency weighting network, as specified in American 173 National Standards Institute specifications for sound level meters. 174 175 Sound level meter means an instrument which includes a microphone, amplifier, 176 RMS detector, integrator or time averager, output meter and weighting networks used to 177 measure sound pressure levels. 178 179 180 Sec. 23-65. Administration and enforcement. 181 182 (a) The department of police shall be charged with administering and enforcing the 183 provisions of this article and may be assisted by other city departments as directed 184 by the city manager. The police department may issue a summons for enforcement JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 185 186 187 (b) Any person operating, permitting, or controlling a source of noise shall be guilty of 188 any violation caused by that source. If the person operating, permitting, or controlling 189 the noise source cannot be identified, or the noise source is a business entity or 190 premises, any owner, tenant, resident, or manager physically present on the 191 property where the noise source is located may be charged if the circumstances 192 establish their dominion and control over the noise source. 193 ' 194 195 (c) Whenever an authorized enforcement officer has reason to believe that a violation 196 of any provision of this article has occurred and may re-occur, such officer may give 197 notice of the violation to the person operating, permitting, or controlling a source of 198 noise in violation of this article, ordering the person to take such corrective measures 199 as are necessary to prevent such re-occurrence. If a noise source in violation of this 200 chapter is a business entity or premises, the notice of violation may be directed to 201 any owner, officer, director, or registered agent of such business. The notice and 202 order shall be in writing and shall be hand-delivered to the person to whom directed, 203 or if not found, by mailing a copy thereof by certified mail to his or her usual place of 204 abode and conspicuously posting a copy at the premises affected by notice and 205 order, if any. 206 (d) Nothing in this article shall prevent an authorized enforcement officer from making 207 efforts to obtain voluntary compliance through warning, conference or any other 208 appropriate means. 209 210 Sec. 23-66. Specific Prohibitions (Civil Violations.). 211 212 213 violates a provision of this 214 215 Class 2 misdemeanor. 216 217 caused by that source. If that came determined, any owner, tenant, resident or 218 219 resumed to be operating or controlling the noise source. 220 , 221 222 223 Subject to the exceptions provided in Section 23-70, any of the following acts, or the 224 causing or permitting thereof, is declared to be a civil violation of this Article without any 225 requirement of scientific measurement of sound levels by a sound level meter or any 226 similar device. This enumeration shall not be construed to limit, in any way, the general 227 prohibitions contained in Section 23-67: JUNE 28 REVISED VERSION—REDLINE[ ATTACHMENT 28 (a) Radios, television sets, musical instruments loudspeakers, amplifiers and similar 29 devices. OperatingUsing, operating, playing or permitting the operation or playing of 230 any radio, audio system in a motor vehicle, television, record, tape or compact disc 31 player, drum, musical instrument, loudspeaker, communication system, amplifier, or 32 any device capable of producing,- reproducing or amplifying sound, or similar 233 device in such a manner or with such volume or duration that it is plainly audible (i) '34 inside the confines of another person's enclosed dwelling unit; or (ii) on private '35 property of another or on any public property (ii) at a distance of 100 or more feet in '36 any direction from the opernoise source between the hours of 7:00 a.m. and '37 10:00 p.m.; or (iii) on private property of another or on any public property at a '38 distance of 50 or more feet in any direction from the operator noise source between '39 the hours of 10:00 p.m. and 7:00 a.m. '40 (-la) kerb dre-s - -U , '41 -epera , '42 -a-pable-of '43 amplifying-sound, i such device in a motor vehicle, for-any purpose '44 between the hours 0 sound '45 to- - aiF --awe (i} inside _ son's enclosed A-welling '46 unit; or (ii) at fifty (50) or more feet from the-devise, 247 (c)(b) Vehicle horns, signaling devices and similar devices. Sounding or permitting the 248 sounding of any horn, whistle, signaling device, or similar device on any automobile, 249 motorcycle or other vehicle on any right-of-way or in any public space continuously 250 or intermittently for more than ten (10) consecutive seconds, except when the 251 sounding of any such device is intended as a danger warning. 252 (d)(c) Non-emergency signaling devices. Sounding or permitting the sounding of any 253 amplified signal continuously or intermittently from any bell, chime, siren, whistle or 254 similar device intended primarily for non-emergency purposes from any one location 255 for more than ten (10) consecutive seconds in any hourly period; provided, however, 256 that this subsection shall not apply to the sounding of such devices by religious uses 257 or by public bodies or agencies for testing, traffic control or other public purposes. 258 (e)(d) Emergency signaling devices, security, burglar and fire alarms, etc. Sounding or 259 permitting the continuous or intermittent sounding outdoors of any emergency 260 signaling device, or any security, burglar or fire alarm, siren, whistle, or similar 261 device, including without limitation any motor vehicle security alarm, siren, whistle, 262 or similar device, for a period in excess of ten (10) minutes in any residential area 263 and fifteen (15) minutes in any other area, except in response to a burglary, 264 attempted burglary, fire, or other emergency after giving notice and a reasonable 265 opportunity for the owner or person in possession of the premises served by any 266 such alarm to turn off the alarm. 267 (f)(e)Explosive, fireworks and similar devices. Using or firing any explosives, fireworks or 268 similar devices which create impulsive sound in such a manner as to be plainly 69 audible (i) inside the confines of another person's enclosed dwelling unit; or (ii) oil 70 private property of another or on any public property at fifty (50) or more feet from JUNE 28 REVISED VERSION—REDLINED ATTACHMENT t71 the noise source. An exception to this subsection may be granted by the City 272 Manager through a fireworks permit. 273 (g)(f)Yelling shouting, etc. Yelling, shouting, whistling or singing between the hours of 274 10:00 p.m. and 7:00 a.m. in such a manner as to permit sound to plainly audible (i) 275 inside the confines of another person's enclosed dwelling unit; or (ii) on private 276 property of another or on any public property at fifty (50) or more feet from the noise 277 source-of-the-sou-Rd. 278 (h)(g) Social gatherings and parties. Allowing any noise between 10:00 p.m. and 7:00 279 a.m. generated from a gathering of two (2) or more people that is plainly audible (i) 80 inside the confines of another person's enclosed dwelling unit; or (ii) on private 81 property of another or on any public property , at fifty(50)or more 282 feet from the gathering. 283 (i)(h)Schools, public buildings, places of worship, and hospitals. The creation of any noise 284 on the grounds of or on any street adjacent to any school, court, public building, 285 place of worship, hospital, nursing home, or assisted-living facility while the same is 286 in use in a manner that is plainly audible within such building while it is use and 287 interferes with the operation of the institution. 288 (})L Vehicles. Operation of a motor vehicle or operation of a motorcycle within the city 289 with a gutted muffler,muffler cutout, straight exhaust, or without an exhaust system 290 in good working order, as provided by Code of Virginia §§ 46.2-1047 and 46.2-1049. 291 (k)f Construction equipment, pneumatic hammer, chain saw, etc. The operation of any 292 bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, 293 pneumatic hammer, chain saw, steam shovel, derrick, steam or electric hoist, or 294 other appliance or other construction equipment between the hours of 10:00 p.m. 295 and 7:00 a.m. except as provided in section 23-70 below, or as specifically deemed 296 necessary and authorized by a written document issued by the city manager or his 297 designee. 298 (t)(k)Animals. Allowing any animal or bird to create sound or noise that is plainly audible 299 at least once a minute for twenty (20) consecutive minutes (i) inside the confines of 00 another person's enclosed dwelling unit; or (ii) on private property of another or on 01 any public property at a distance of fifty (50) feet or more from the animal or bird. 302 This subsection shall not apply to any bona fide agricultural activity. 303 (m)(I) Commercial vehicle and trash collection vehicle operation. The operation of a 304 trash, refuse, waste, or recycling collection vehicle, or other commercial vehicle 305 between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly 306 audible inside the confines of another person's enclosed dwelling unit. 307 (n)(m) Lawn care activities. Creating any sound or noise plainly audible inside the 308 confines of another person's enclosed dwelling unit between 10:00 p.m. and 7:00 309 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or 310 removal or other landscaping, lawn or timbering activities. 311 312 Sec. 23-67. Noise violations measured by sound level meter; maximum permitted 313 levels (Criminal Violations)€-xeeptiens. JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 314 315 316 317 performance of emergency work; (3) activities sponsored by the city; (4) activities 318 ; 319 • 320 In addition to the specific prohibitions of Sections 23-66 above, certain other sounds 321 or noises shall be regulated on a decibel basis as measured by a sound level meter. 322 Subject to the exceptions provided in Section 23-70, any of the following acts, or the 323 causing or permitting thereof, is declared to be a criminal violation of this Article: 324 (a) Operating, permitting, or causing any source of sound or noise to create a sound 325 level inside the confines of another person's enclosed dwelling unit between the 326 hours of 10:00 p.m. and 7:00 a.m. in excess of fifty-five (55) dBA, or between the 327 hours of 7:00 a.m. and 10:00 p.m. in excess of sixty-five (65) dBA, when measured 328 inside the enclosed dwelling unit at least four (4) feet from the wall nearest the 329 source, with doors and windows to the receiving area closed. 330 (b) Operating, permitting, or causing any source of sound or noise to create a sound 331 level that when measured in any public area, including but not limited to any public 332 street or sidewalk, or from other private property, between the hours of 7:00 a.m. 333 and 10:00 p.m. exceeds seventy-five (75) dBA, or between the hours of 10:00 p.m. 334 and 7:00 a.m. exceeds sixty-five (65) dBA; provided, however that the provisions of 335 this subsection shall not apply to any outdoor performance, parade, gathering, 336 dance, concert, show, sporting event, or other event sponsored by the city or for 337 which the city has granted a permit. 338 339 Sec. 23-68. Sound level meter measurement procedures (Criminal Violations)Use 340 rs. 341 342 ( The decibel level of any sound or noise regulated on a decibel basis by this article 343 shall be measured by a sound level meter. The text results Such measurements 344 shall be accepted as prima facie evidence of the level of sound or noise at issue in 345 any court or legal proceeding to enforce the provisions of this articl 346 347 , 348 The 349 accuracy of the sound level meter may be tested by a calibrator. Any sworn report 350 of the results of any test of the calibrator for the accuracy of a sound level meter 351 shall be admissible in court in any criminal or civil proceeding, as evidence of the 352 facts therein stated. 353 (b) An individual operating a sound level meter pursuant to the provisions of this article 354 shall issue a certificate to indicate: 355 (1) That the sound level meter used to take the decibel level reading was 356 operated in accordance with the manufacturer's specifications; JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 357 (2) That the city has on file a sworn report which states that the sound level meter 358 has been tested within the past twelve (12) months and has been found to be 359 accurate; 360 (3) The name of the accused; 361 (4) The location of the sound or noise; 362 (5) The date and time that the reading was made; and 363 (6) The decibel level reading. 364 (c) Such certificate, when attested by the operator taking the decibel level reading, shall 365 be admissible in court in any proceeding as evidence of the facts therein stated and 366 of the decibel level reading. A copy of the certificate shall be delivered to the accused 367 upon request. 368 369 Sec. 23-69. Violations and PenaltiesMaximum sou„d levelr and residential 370 dwellings. 371 372 (a) Civil Violations. Any person who commits, permits, or assists in any violation of 373 Section 23-66 of this article, whether by act or omission, shall be liable for a civil 374 violation as follows: 375 (1) The first violation by such person shall be punished by a civil penalty in the 376 amount of$250. 377 (2) The second violation, and any subsequent violation, committed by such 378 person within one year of any previous violation shall be punished by a civil 379 penalty in the amount of$500. 380 (b) Procedures for Civil Violations. 381 (1) If an authorized enforcement officer determines that a civil violation of this 382 article has occurred, the officer may cause a notice of the violation to be hand- 383 delivered to any or all persons committing, permitting, or assisting in such 384 violation, or if not found, by mailing a copy thereof by certified mail to his or 385 her usual place of abode and conspicuously posting a copy at the premises 186 hich is the source of the noise, if any. 387 (2) The notice shall provide that the person charged with a violation may elect to 388 make an appearance in person, or in writing by mail, to the treasurer of the 389 city, and admit liability for or plead no contest to the violation, abate the 390 violation, and pay the civil penalty established for the violation, all within the 391 time period fixed in the notice. 392 (3) If a person charged with a civil violation does not elect to admit liability or 393 plead no contest, and abate the violation, the violation shall be tried in the 394 Virginia Beach General District Court upon a warrant in debt or motion for 395 judgment, with the same right of appeal as provided for civil actions at law. JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 396 (i) In the event the violation exceeds the jurisdictional limits of the General 397 District Court, the violation shall be tried in the Virginia Beach Circuit 398 Court. 399 (4) A finding or admission of liability or a plea of no contest to a civil violation 400 shall not be deemed evidence of a criminal violation for any purpose. 401 (5) A notice of civil violation as provided in this section may be issued or had, 402 notwithstanding that no prior notice of violation and ordering of corrective 403 measures as provided in Section 23-65 has been given. 404 (c) Criminal Violations. 405 (1) Any person who commits, permits, or assists in any violation of Section 23- 406 67 of this article, whether by act or omission, shall be guilty of a misdemeanor 407 as follows: 408 (i) The first violation by such person shall constitute a class 2 409 misdemeanor. 410 (ii) The second violation, and any subsequent violation, committed by such 411 person within one year of any previous violation shall constitute a class 412 1 misdemeanor. 413 (2) Any person who knowingly refuses or neglects to comply with any injunction 414 order issued by a Court of competent jurisdiction or any written order to cease 415 or abate any violation of this article, issued by an authorized enforcement 416 officer pursuant to Section 23-65(c), shall be guilty of a misdemeanor as 417 follows: 418 (i) The first violation by such person shall constitute a class 2 419 misdemeanor. 420 (ii) The second violation, and any subsequent violation, committed by such 421 person within one year of any previous violation shall constitute a class 422 1 misdemeanor. 423 (d) Injunction. In addition to and not in lieu of the penalties prescribed in this section, 424 the city may apply to the Virginia Beach Circuit Court for an injunction against the 425 continuing, repeated, or intermittent violation of any of the provisions of this article 426 and may seek any other remedy or relief authorized by law. 427 (e) Each hour of a continued, repeated, or intermittent violation shall constitute a 428 separate offense, whether civil or criminal, under this article. 429 430 431 hours between 10:00 p.m. and 7:00 a.m. in excess of 55 dBA when measured inside 432 , 433 . 434 (b) Daytime. No person shall permit, operate or cause any source of sound to create a 435604:144d-level-in-a-nother-pe-r-se-Ws-residential-dwettiRg-cl-ufing4he-hOUTS-between-7400 436 a.m. and 10:00 p.m. in excess of 65 dBA when meat JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 437 , 438 receiving arca closed. 439 (c) Measurements in multifamily dwellings or mixed use structures. In a structure used 440 , 441 measurements to determine sound levels from indoor common areas or other 442 dwelling units within the structure , when requested to do so by a residential 443 444 , 445 doors 446 (d) Exemptions. The following activities or sources of noise shall be exempt from the 447 448 , 449 school sponsored activities on the grounds of public or private schools, 450 colleges, or universities. 451 (2) Athletic contests and other officially sanctioned activities ' 452 facilities. 453 (3) Activities related to the construction, repair, maintenance, remodeling or 454 , 455 , 456 activities, 457 (5) Agricultural activities. 458 . 459 (7) Religious or political gatherings to the extent that those activities arc 460 protected by the First Amendment to the United States Constitution. 461 (8) Public transportation, refuse collection and sanitation services. 462 463 Sec. 23-70. Exceptions ; 464 . 465 466 The prohibitions found in Sections 23-66 and 23-67 shall not apply to: 467 (a) Noise created for purposes of alerting persons to the existence of an emergency, 468 provided such noise ceases once any such threat is no longer imminent. 469 (b) Noise created in the performance of emergency and public safety work or law 470 enforcement activities, including radios, sirens, horns, and bells on police, fire, or 471 other emergency response vehicles. 472 (c) Noise created by and as a result of events or activities sponsored by the City. 473 (d) Activities permitted by law for which a specific license or permit has been granted 474 by the city, state or federal government; including, but not limited to, noise generated 475 by and necessary for the conduct of public festivals, parades, special events, and 476 celebrations of recognized federal, state and local holidays. 477 (e) Noise or sound produced by a horn or warninq device of a vehicle when used as a 478 warning device, including back-up alarms for trucks and other equipment. JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 479 (f) Clocks, bells, and carillons between the hours of 7:00 a.m. and 10:00 p.m., provided 480 that any such sounds do not occur for more than five (5) consecutive or non- 481 consecutive minutes in any one (1) hour. 482 (g) Locomotives and other railroad equipment, and aircraft. 483 (h) Military activities of the Commonwealth of Virginia or of the United States of America. 484 (i) Activities for which the regulation of noise has been preempted by federal law. 485 (j) Agricultural activities conducted between the hours of 7:00 a.m. and 10:00 p.m. in 486 an agricultural area. 487 (k) Band performances or practices, athletic contests or practices and other school- 488 sponsored activities on the grounds of public or private schools, colleges, or 489 universities. 490 (I) Normal and customary use of outdoor recreational facilities owned or leased by the 491 city. 492 (m) Normal and customary use of open-air venues for which a conditional use permit 493 has been issued pursuant to the city zoning ordinance. 494 (a) No person shall operate or cause to be operated a public or private motor vehicle or 495 496 , 497 498 499 Sound level in dBA Vehicle Clare Speed limit 35 Speed limit over MPH or less 35 MPH All motor vehicles of GVWR or GCWR of 6,000 86 90— lbs. or more Any motorcycle 82 - 76 82 500 501 502 commerce. 503 504 , 505 any person to play or operate, or permit the playing, use or operation of, any radio, 506 tape player, compact disc player, loud speaker or other electronic device used for 507 , 508 parked on public or private property within the city, including any public or private 509 , 510 one hundred 511 ` 999 eqj uoamoq tuowdtnbe uottonajsuoo .to1110 JO `lltap otlewnaud `.tawweqmoef `.t . g g < jg E99 Seiei:fetttAttettijetSqfteiebtH4efis-se-Pesn-raufeq-stetbies-etitetittm-AitileetZ99 Jo `awoq 6uisinu leptdsoq 111100 `cI s.tona#o-aoetd `toogos Aue to foal (00Z) paapunq ona# 1.99 ayl 's-eoic ontgtsuas GstoN(o) 099 6179 Juana Jaw) JO 'wane 6u!pods `nnogs `paouoo `eau-ep `6upottte6 `aouewioliad g j75 ` LPG !(d)8P(9L)ant# A4Uanas spaao gI9 (09) Aly6ta spaaoxo 'w d 00: . . 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L1.9 91.9 •)l.tonn Aoua6JaWa Jo aouew.tojtad aye ut punos Jo uotss!we oqt JO 91.9 p1.5 oyl of aou `saotnop Alpnoos Jaw) JO swJefe &Iotgon JOIOW 01 aou `,paced pazpogjne E 1.5 Alnp e ut uonpp safotgan JoIow o1 Aldde lou Heys uottoasgns sty# #o suotstno.td au Z 1.5 1N301HOV11V 03N11a32i—NOIS213A 03SIA321 8Z 3Nflf JUNE 28 REVISED VERSION—REDLINED ATTACHMENT 557 558 manager or his designee. 559 560 Sec. 23-77. _ Souni•l lei • restaurants. 561 562 563 564 of eighty (80) dB(A), or between 11:00 p.m. a 565 , 566 or sidewalks, or other private property. 567 568 Sec. 23-713. Severability. 569 570 A determination of invalidity or unconstitutionality by a court of competent jurisdiction 571 of any clause, sentence, paragraph, section or part of this article shall not affect the 572 validity of the remaining parts thereto. 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: Police Department City Attorney's Office CA15515 R-26 June 728, 2022 r 0;� fi ro _i (" s� << CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Repeal City Code Section 36-73 and Amend City Code Section 36-172 Pertaining to Taxi Cabs MEETING DATE: July 12, 2022 • Background: State law authorizes the City Council to regulate the operation of taxi cabs, including the maximum rates charged by taxicabs that operate in the City. The current cap on rates was set by the City Council almost 14 years ago. As justification for a requested increase, representatives of the taxi cab industry have stated that a higher fare is necessary because of the greatly increased cost of owning, operating, and maintaining a taxicab. They request that the maximum rate for the first 1/8 of a mile or fraction thereof (the "pickup fee") be increased from $3.25 to $6.00, given the rate of inflation, the cost of gasoline, and the cost of parts and equipment. This would be a maximum rate, so a driver could charge less, if they so desired. Second, they requested that the requirement for a domelight be eliminated, because the expense of installing and maintaining a domelight is not required of ride sharing companies such as Uber and Lyft, and it serves little purpose given modern phone and app-based technology for requesting transportation. • Considerations: In addition to the two changes requested by the taxi cab industry, the ordinance adds a provision that authorizes businesses, non-profits and governmental agencies to enter into contracts with negotiated rates that may differ from the rates set forth in the City Code. If the current high price of gasoline and other expenses decreases in the future, the City Council could consider an additional change to the pickup fee. • Public Information: A public hearing will be held on July 12, 2022 for the City Council to receive public comment on the proposed rate increase. The hearing was advertised in the July 2, 2022 Virginian-Pilot, and a copy of the proposed ordinance has been available for public inspection in the Clerk's Office. • Attachments: Ordinance Requested by Vice Mayor Wilson REQUESTED BY VICE MAYOR WILSON 1 AN ORDINANCE TO REPEAL CITY CODE SECTION 2 36-73 AND AMEND SECTION 36-172 PERTAINING 3 TO TAXI CABS 4 5 SECTION REPEALED: § 36-73 6 SECTION AMENDED: § 36-172 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 36-73 of the Code of the City of Virginia Beach is hereby repealed 12 and Section 36-172 of the Code of the City of Virginia Beach is hereby amended and 13 reordained to read as follows: 14 15 16 17 , 18 Sec. 36-172. Maximum rates for taxicabs. 19 (a) No person owning, operating, controlling or driving a taxicab within the city shall 20 charge an amount to exceed the following rates of fare: 21 (1) For the first one-eighth of a mile or fraction thereof....$3.25 6.00 22 (2) For each succeeding one-eighth of a mile or fraction thereof....0.30 23 (3) Trunk charge....0.50 24 (4) For each minute of waiting time....0.30 25 (b) Notwithstanding the provisions of this section, any person who, pursuant to section 26 36-96 of this Code, operates in the city a taxicab that is duly licensed in another 27 locality while (i) transporting a fare from outside of the city into the city or (ii) 28 transporting a fare from the city directly to a destination outside of the city shall 29 charge the rates prescribed by the city or county in which they are licensed. 30 (c) Any application for a fare increase under this section shall include justification for 31 such fare increase and such financial and operating information as may be 32 requested by the city manager. The city council shall hold a public hearing before 33 acting on any such application for a fare increase, after public notice for at least ten 34 (10) days. 35 (d) Notwithstanding the above provisions of this section, a taxicab owner or operator 36 may enter into written contracts with businesses, non-profits, or governmental 37 entities to provide services on a negotiated basis with a fare schedule agreed upon 38 in the contract, and the rates to be charged for services under such contracts may 39 differ from the rates set forth in this section. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: k- - City Attorney's Office CA15861 R-1 July 1, 2022 ^\Nut rose � psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: A Resolution Directing the City Manager to Withdraw His Letter Withdrawing Virginia Beach from the HREDA Master Agreement for Regional Economic Development MEETING DATE: July 12, 2022 • Background: The Hampton Roads Regional Economic Development Alliance ("HREDA") is an organization dedicated to attracting and retaining economic development opportunities in the Hampton Roads region. To further its goal, HREDA, the City of Virginia Beach, and ten other cities and counties in the region have entered into a Master Agreement for Regional Economic Development dated as of July 1, 2019 (the "Master Agreement"). As set forth in the Master Agreement, each participating municipality is to make an annual contribution to HREDA based on that municipality's population. As the largest municipality, Virginia Beach is asked to make the largest contribution. City Council's budget for fiscal year 2022-23 included funds to satisfy Virginia Beach's obligations under the Master Agreement, but payment was conditioned on the City Manager negotiating more favorable terms. If terms, acceptable to Council were not agreed on prior to July 1, 2022, the City Manager was directed to withdraw from the Master Agreement. On May 16, 2022, the City Manager sent a letter indicating that Virginia Beach was withdrawing from the Master Agreement effective as of July 1 , 2022. Since that time, the City Manager and Council liaisons have engaged in discussions with HREDA leadership and have arrived at modified terms for the Master Agreement acceptable to Virginia Beach. Those modifications are documented in a letter from HREDA dated June 20, 2022. City Council therefore desires to direct the City Manager to withdraw his letter of May 16, 2022 and proceed with the Master Agreement, subject to the modifications set forth in HREDA's June 20, 2022 letter. • Considerations: Continued participation in the Master Agreement, as modified, would promote economic development in the City of Virginia Beach to the benefit of the residents. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution, Copy of June 20, 2022 Letter Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 A RESOLUTION DIRECTING THE CITY MANAGER TO 2 WITHDRAW HIS LETTER WITHDRAWING VIRGINIA 3 BEACH FROM THE HREDA MASTER AGREEMENT 4 FOR REGIONAL ECONOMIC DEVELOPMENT 5 6 WHEREAS, in the adopted FY 22-23 Operating Budget, the City Council approved 7 $459,470 to fund the City of Virginia Beach's contribution to the Hampton Roads 8 Economic Development Alliance ("HREDA") under a Master Agreement for Regional 9 Economic Development dated as of July 1, 2022 between Virginia Beach, HREDA and 10 ten other localities in Hampton Roads (the "Master Agreement"); 11 12 WHEREAS, that appropriation was contingent on the City Manager withdrawing 13 from the Master Agreement and negotiating terms more acceptable to the City Council; 14 15 WHEREAS, on May 16, 2022, the City Manager sent a letter to HREDA 16 withdrawing Virginia Beach from the Master Agreement effective as of July 1, 2022; 17 18 WHEREAS, since the May 16, 2022 letter, the City Manager and the two City 19 Council liaisons to HREDA have participated in discussions with HREDA leadership, and 20 have negotiated supplemental terms for the Agreement acceptable to the City Council; 21 22 WHEREAS, those supplemental terms are reflected in a letter from Douglas Smith, 23 President and CEO of HREDA to the City Manager dated June 20, 2022, a copy of which 24 is attached hereto as Exhibit A; and 25 26 WHEREAS, based on the terms contained in the letter, the City Council is of the 27 opinion that withdrawing the May 16, 2022 letter effective as of June 20, 2022 would be 28 in the best interests of the citizens of Virginia Beach. 29 30 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT: 32 33 The City Manager is directed to withdraw his May 16, 2022 letter to HREDA and 34 proceed with the implementation of the Master Agreement, subject to the supplemental 35 terms contained in the letter attached hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: A _ City Attorney Economic Development CA15793 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d001\p038\00814869.docx R-1 June 30, 2022 EXHIBIT A June 20, 2022 Mr. Patrick Duhaney City Manager City of Virginia Beach 2401 Courthouse Drive, Building 1 Virginia Beach, Virginia 23456 Re: Master Agreement for Regional Economic Development Dear Patrick: You and I have had several discussions concerning the future working relationship between the City of Virginia Beach ("Virginia Beach") and the Hampton Roads Economic Development Alliance ("Alliance") under the terms of the Master Agreement for Regional Economic Development ("Master Agreement"). Most recently, Alliance Board Chair ( -1 and I met with you, Deputy City Manager Taylor Adams, and Virginia Beach City Council liaisons for the Alliance Councilmembers Moss and Berlucchi. We discussed the desire of both parties to commit to a plan of action that adds more specific detail to some of their obligations under the Master Agreement. We hope the following plan is fully responsive to our joint concerns. The following performance metrics will be part of the Annual Plan called for in Section 4 of the Master Agreement for the fiscal year beginning July 1, 2022: PERFORMANCE METRICS REGIONAL NUMBERS TO BE ACHIEVED Number of unique (i.e., independent of VEDP) Regional leads 150 generated Number of business, retention, and expansion visits completed in 75 the region Number of projects won in the Region 7 Number of new jobs created in the Region 800 Total capital investment of projects won in the Region $50M Alliance will meet and discuss strategy, major initiatives, and 4 times review lead/project pipeline with Virginia Beach For the purposes of the Annual Plan, a Lead is an early-stage opportunity, where the Alliance has had an inquiry from or an initial conversation with a company, but capital I-1891862.4 June 20, 2022 Page 2 investment/job creation parameters have not been communicated. Projects are investments announced by a locality where the Alliance played some supporting or facilitating role. The Alliance will focus on supporting expansion projects and recruiting new companies with annual average wages more than $45,000. The Alliance will compile and report on the salaries achieved in its Annual Report. Report annually funding sources and use of funding. Virginia Beach wants to have a clear understanding of the financial condition of the Alliance including all funding sources (amount of private funding, public sector partner funding, commonwealth funding, federal funding, and in-kind donations) and funding uses (business development, project management, marketing, operations, personnel, and reserves). The Alliance will continue its practice of reviewing the financials of the Alliance at every board meeting. The Alliance will also continue to maintain its Finance Committee comprised of certain non-board member investors and the Treasurer. Each of the sources and uses of funds listed above will continue to be monitored by the staff, the board, and the Finance Committee. The Alliance will continue to contract for an annual audit, and the financial condition of the organization will continue to be detailed at the annual meeting and in the annual report Adjustment to Board setup and annual performance review of the President& CEO The Board Chair(or the Board Chair's designee) as part of the annual performance review of the Alliance President & CEO will solicit the feedback from the Mayor and City Manager of each City Investor serving on the Alliance Board of Directors. The feedback shall be used in evaluating the performance of the President and CEO in achieving the mission, goals, vision and intent of Alliance agreements and Board direction. As the largest investor in the Alliance Virginia Beach has permanent representation on the Board. Currently the By-Laws call for the position to be held by the Mayor or the Vice Mayor. The Alliance staff will recommend to the Board a change in the By-Laws that will allow Virginia Beach and other Public Investors to designate any member of council or Board of Supervisors to represent them on the Board. Relationship reflects VB status as largest investor in the Affiance As the largest investor, Virginia Beach receives priority access to Alliance trips, events, and marketing materials. The Alliance develops the annual travel calendar with input from the Regional Economic Development Team(RED team). That calendar is reviewed periodically with the RED Team, and it is in the Annual Plan. The Alliance will continue to publish an annual marketing calendar which will also be in the Annual Plan. I-1891862.4 June 20, 2022 Page 3 The Alliance will help Virginia Beach, as it has other communities, establish a Virginia Beach Business Retention & Expansion (BRE) program. Components of that program would include Business Intelligence, Business Outreach and Engagement, Marketing and Program Infrastructure, BRE Resources and Support and Process. The Alliance will also help Virginia Beach fully utilize Salesforce to track your activities. Protocols call for full sharing of information in both directions Sharing information between Virginia Beach and the Alliance is the key to a successful partnership. Coordinating strategy and tactics of the two organizations will include the coordination of the activities of the European consultants of the two organizations and post marketing trip debriefs between the two organizations. The Alliance will utilize its business intelligence software and personnel to support the activities of Virginia Beach. Communication plan will include frequency and consistency and consider all stakeholders: staff, City Council, investors, Affiance Board The Alliance will continue to improve communication with all Virginia Beach stakeholders as well as those of its other Public Investors. Earlier this spring the Alliance began having a Vice President attend all City of Virginia Beach Development Authority ("VBDA") meetings. The Alliance also created direct communication with all City Council members to include our newsletters,mid-year report, annual report, and invitations to our investor events. In addition, the Alliance will work with the Virginia Beach City Manager to identify opportunities to brief the Virginia Beach City Council on lessons learned from project recruitment successes and unsuccessful project recruitment ventures,regional economic development opportunities in which it desires the City of Virginia Beach to participate and on matters regarding the economic development competitiveness or lack of competitiveness of the Hampton Roads region. Marketing materials for the Alliance and VBDA will be shared, consistent and complimentary Virginia Beach will commit to consistent participation in the Regional Economic Development Team meetings with a senior staff member — either the Economic Development Director or if not available, a direct report to the Deputy City Manager for Economic Development. The RED team is an excellent forum for developing consistency of materials throughout the Hampton Roads region.The Alliance marketing team is a great resource for VBDA and has created materials for Virginia Beach and will continue to do so as needed. Reflect regional capacity building within the framework Energy, connectivity, and talent recruitment will be critically important for this region going forward. The Alliance hired PA Consulting to develop a regional energy assessment. That report will be completed in June and will contain a set of recommendations that can be the I-1891862.4 June 20, 2022 Page 4 foundation of a regional energy plan. The Alliance and the RED team work closely with HRPDC and HRTPO on connectivity issues. We are having a great deal of conversation about the role of the Alliance in Talent Recruitment in this very tight labor market. Virginia Beach and the Alliance will work together to frame this initiative going forward. Leverage the role of the Alliance as regional convener The Alliance Board will be more widely used for regional discussions and the RED Team will be recognized as the regional strategy group for economic development for appropriate participation. Thank you very much for your willingness to discuss the issues outlined above and to continue our work together in promoting economic development for the Hampton Roads region of Virginia. Very truly yours, Douglas Smith, President& CEO Hampton Roads Economic Development Alliance AGREED TO this day of June, 2022. Patrick Duhaney, City Manager City of Virginia Beach I-1891862.4 ro .- -17, Sj CITY OF VIRGINIA BEACH AGENDA ITEM A' ITEM: A Resolution in Support of the City's 2022 Round 5 Applications for the Virginia Department of Transportation SMART SCALE Program MEETING DATE: July 12, 2022 • Background: The Virginia General Assembly passed legislation on April 6, 2014 requiring development of a prioritization process directing the Commonwealth Transportation Board (CTB) to develop a scoring process for project selection. Virginia's SMART SCALE program is about selecting the right transportation projects for HB1887 funding and ensuring the best use of limited tax dollars. Transportation projects are scored based on an objective, outcome- based process that is transparent to the public and allows decision-makers to be held accountable to taxpayers. The SMART SCALE process evaluates projects on the following six weighted criteria: Congestion Mitigation (45%), Safety (5%), Accessibility (15%), Environmental Quality (10%), Economic Development (5%) and Land Use Coordination (20%). Resiliency is also given consideration however is not factored into the score. SMART SCALE is a grant program, and funds are only available on a reimbursement basis. Based on the aforementioned SMART SCALE evaluation measures, the following seven (7) transportation projects have been identified as candidate projects for SMART SCALE Round 5 funding. 1. Clearfield Avenue (Council District 4) — This project will install a continuous left-turn lane from Cleveland Street to Virginia Beach Boulevard, approximately 0.3 miles. The continuous left-turn lane addresses congestion and safety by adding a dedicated turn lane for left-turn movements. The project will also include pedestrian facility improvements by adding a 5' sidewalk. The Total Project Cost is approximately $14.9 million. The City will request $9.9 million in SMART SCALE funds and commit $5 million (34%) of FY26 and/or FY27 local funds. 2. Dam Neck Road (Council Districts 4 & 10) — This project will widen Dam Neck Road from 4 lanes to 6 lanes from Holland Road to Drakesmile Road. These improvements will add capacity to address congestion and improve access to Naval Air Station (NAS) Oceana. This project works in conjunction with the existing Dam Neck Road / Holland Road Intersection Improvements Project (CIP 100537) funded through the CMAQ (Congestion Mitigation and Air Quality) Program. Proposed improvements also include stormwater improvements, pedestrian facility improvements including a 10 ft wide shared-use path and 5 ft wide sidewalk, and pedestrian signals. The Total Project Cost is approximately $17.4 million. The City will request $11.9 million in SMART SCALE funds and commit $5.5 million (32%) of FY26 and/or FY27 local funds. 3. First Colonial Road (Council District 6)—This project will widen First Colonial Road from 4 lanes to 6 lanes from Republic Road to Old Donation Parkway. These improvements will add capacity to address congestion. It includes signal upgrades from span wire signals to mast arm signals. It will improve the access to critical medical corridor and the Hilltop Shopping Area. The project will also include pedestrian facility improvements including 10 ft wide shared-use paths, 5 ft wide sidewalks, and pedestrian signals. The Total Project Cost is approximately $46.6 million. The City will request $23.3 million in SMART SCALE funds and commit $23.3 million (50%) of FY26 and/or FY27 local funds. 4. General Booth Boulevard and Dam Neck Road Intersection (Council District 5)— This project will include construction of an additional southbound left-turn lane at the Dam Neck Road and General Booth Boulevard intersection as well as modification of the westbound approach to convert the outside through lane to an additional right-turn lane. The project will also include pedestrian improvements including pedestrian refuges and signals. These improvements will add capacity to address congestion and improve traffic flow to and from Dam Neck Naval Base as well as travel between Dam Neck Naval Base and NAS Oceana. The Total Project Cost is approximately $5.7 million. The City will request $4.7 million in SMART SCALE funds and commit $1 million (18%) of FY26 and/or FY27 local funds. 5. Independence Boulevard and Pleasure House Road Intersection (Council District 9) — This project will convert the existing Pleasure House Road and Independence Boulevard intersection to a "Green-T" intersection. These improvements will address left-turning congestion from Pleasure House Road to Independence Boulevard by installing a dedicated receiving lane allowing additional green time for the left-turning traffic as well as southbound traveling vehicles. Improvements also include a median break north of the intersection to accommodate U-turns as well as pedestrian facility improvements. The project will also improve transit operations within the corridor. The Total Project Cost is approximately $6.2 million. The City will request $5.2 million in SMART SCALE funds and commit $1 million (16%) of FY26 and/or FY27 local funds. 6. Indian River Road Intersection Improvements (Districts 1 & 7) — This project will include modifications to two intersections: Indian River Road and Kemps River Drive and Indian River Road and Thompkins Lane. The Indian River Road and Kemps River Drive intersection will consist of a signal modification and pedestrian facility improvements. The Indian River Road and Thompkins Lane Intersection converts a signalized intersection into a modified Restricted Crossing U-turns (RCUT) intersection, this will restrict turning movements providing much- needed capacity and safety improvements. These improvements will address the congestion between the completed Indian River Road and Kempsville Road intersection (CIP 100214) and the pending Centerville Turnpike Phase II project (CIP 100057) and will provide a more seamless and uninterrupted flow of traffic along the corridor. The Total Project Cost is approximately $2.7 million. The City will request the total project cost, $2.7 million, in SMART SCALE funds with no local commitment. 7. Providence Road (Council District 1)— This project will install a continuous left-turn lane from Kempsville Road to Churchill drive, approximately 0.6 miles. The continuous left-turn lane addresses congestion and safety by adding a dedicated turn lane for left-turn movements. This will improve traffic flow to and from nearby schools. The project will also include pedestrian facility improvements by adding a 5' sidewalk. The Total Project Cost is approximately $13 million. The City will request $10 million in SMART SCALE funds and commit $3 million (23%) of FY26 and/or FY27 local funds. The total local funds commitment if all seven (7) projects are awarded SMART SCALE funding is $38.8 million. The City is leveraging a total of $38.8 million to potentially receive $67.7 million in SMART SCALE funds. The seven projects are summarized below. Project Total Local SMART Scale Local % Clearfield Ave. $14.9m $5m $9.9m 34% Dam Neck Rd. $17.4m $5.5m $11.9m 32% First Colonial Rd. 1 $46.6m $23.3m $23.3m 50% General Booth & Dam Neck $5.7m $1 m $4.7m 18% Independence & Pleasure House $6.2m $1m f $5.2m 16% Indian River Rd. $2.7m $0 $2.7m 0% Providence Rd. $13m $3m $10m 23% Total $106.5m $38.8m $67.7m 36% • Considerations: These seven projects were presented to the City Council for consideration at its March 1, 2022 informal session. The SMART SCALE Program is a grant program and funds are available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. Per a CTB Resolution in December 2016, the order project funds are expended is local first and then the SMART SCALE funds. All surplus SMART SCALE funds at completion of the project revert back to the overall State SMART SCALE fund. Total Project Cost (TPC) is directly factored into SMART Scale scoring. To optimize SMART SCALE Scores, Public Works studied awards from previous rounds and developed the following funding strategy rationale to optimize SMART SCALE scores: • Total Project Cost (TPC) less than $5 million: request 100% SMART SCALE Funding as the local commitment minimally affects score. • TPC of $5-10 million SMART SCALE request kept to approximately $5 million or less; increases score. • TPC of$10-20 million: SMART SCALE request kept to $10-12 million; increases score. • TPC greater than $20 million: SMART SCALE request kept to no more than 50% of the TPC as high requests greatly affect score. If awarded, local commitment amounts will be programmed within the FY 2023-24 through FY 2028-29 CIP Process. • Public Information: Normal Council Agenda process. • Alternatives: Without the SMART SCALE funding from VDOT, these projects would remain inactive and be designed and constructed as funds become available. • Recommendations: Adopt the resolution to support the City's Applications for the 2022 VDOT SMART SCALE Program and authorize the City Manager to enter into any necessary agreements for project development and construction. • Attachments: Location Maps, Resolution Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: A9V 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2022 2 ROUND 5 APPLICATIONS FOR THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation's SMART SCALE program for consideration 8 based upon an objective score in the areas of Congestion Mitigation, Safety, 9 Accessibility, Environmental Quality, Economic Development, and Land Use 10 Coordination; 11 12 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 13 100% of the total project cost, although the locality's ability to contribute to the 14 submitted project is a factor in the award process; 15 16 WHEREAS, the City's highest priority improvement projects that meet the 17 eligibility for funding are: Clearfield Avenue, Dam Neck Road, First Colonial Road, 18 General Booth Boulevard and Dam Neck Road Intersection, Independence Boulevard 19 and Pleasure House Road Intersection, Indian River Road Intersection Improvements, 20 and Providence Road. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA THAT: 24 25 1. The City Council of the City of Virginia Beach hereby affirms its support for 26 the following seven project applications to the Virginia Department of Transportation's 27 SMART SCALE Program: 28 29 a. Clearfield Avenue 30 b. Dam Neck Road 31 c. First Colonial Road 32 d. General Booth Boulevard and Dam Neck Road Intersection 33 e. Independence Boulevard and Pleasure House Road Intersection 34 f. Indian River Road Intersection Improvements 35 g. Providence Road 36 37 2. The required local matching funds will be provided with allocations of local 38 funding in the City's CIP Budget. The local match for each of the following projects will 39 not exceed the following amounts: 40 41 a. $5,000,000 for Clearfield Avenue; 42 b. $5,500,000 for Dam Neck Road; 43 c. $23,300,000 for First Colonial Road; 44 d. $1,000,000 for General Booth Boulevard and Dam Neck Road 45 Intersection; 46 e. $1,000,000 for Independence Boulevard and Pleasure House 47 Road Intersection; 48 f. $0 for Indian River Road Intersection Improvements; and 49 g. $3,000,000 for Providence Road 50 51 3. The City Manager is hereby authorized to execute on behalf of the City of 52 Virginia Beach all necessary project agreements for project development and 53 construction. 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: l4J � 4 B dget and Management Services City Attomey's Office CA15865 R-1 June 29, 2022 .,.`�_. •''Jb —,-SHORED- II ,SIII:'f '�'� \ (�5 N Li J ice 4/ *' . ►. 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Tr 4- _i• . _\ I-7-- � f '_ I o '� Oc - � /� � � --it \ ! ` � p aC \ � ; \� co C �0 ,of , S ; � Q L _ ,a , 0 l� .! � �� --_,,, 0 , i ! n- c � `�y ' QQ '�� ..> T�, , ,Q l� , Q '"� o.�;oaf: Location Map �� �' r-.Wc , ;.11r' /27 L -� Q-� 0 - Providence Road 74 i----- ''')//'-' ,;-`' ,. -1- ---) &7, Q _//�Q.) r ��° ---Q 7-- --/c-7 '' t (Kempsville Road to 1 Q _'/ U ° 0/ _T° - j(� ' -- 2 L� t--D� - �` ,r �C� Churchill Drive) } �. o - � . ,.� /e-,,i,_s 0 250 500 s �� 0/ / r 1=1'. o i - ,y< imilim Feet prepared by P.W./Eng./Eng.Support Services 05/11/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Providence Roa c - - , S�"I r" �✓1L� rei ti,J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Donate a Surplus Fire Engine and Equipment to the Alicia Volunteer Fire Department in Alicia, Arkansas MEETING DATE: July 12, 2022 • Background: The Virginia Beach Fire Department and Fleet Management have a surplus fire engine that is no longer suitable for service for the City of Virginia Beach. The Alicia Volunteer Fire Department in Alicia, Arkansas has inquired about taking possession of this truck to serve their own community. Fleet Management has attempted to sell the truck to second-hand fire apparatus dealers, the City's local vendor, and on Govdeals.com, to no avail. The estimated value of the apparatus is approximately $5,000 and will be a significant upgrade to the Alicia community. The department also would like to donate equipment that is no longer being used. This includes hose nozzles that cannot be modified to meet the Fire Department's existing specifications, a gas-powered ventilation fan, a flat head axe, and a halligan tool. The combined estimated value of these items is $2,500. The total annual budget of the Alicia, Arkansas volunteer department is $5,000, which does not allow them to purchase any other new or used fire apparatus, and their ability to buy equipment is limited. • Considerations: This truck is a surplus piece of equipment and is no longer of use to the Virginia Beach Fire Department or Fleet Management. The equipment is not currently being used by the department. All items donated will be provided in an "AS IS" and "WITH ALL FAULTS" condition. • Public Information: Normal agenda process. • Alternatives: If the apparatus is not donated, then the department will continue to try to sell the truck. • Attachments: Ordinance Recommended Action: Approval Submitting Department/A ency: Fire Department City Manager: 1 AN ORDINANCE TO DONATE A SURPLUS FIRE 2 ENGINE AND EQUIPMENT TO THE ALICIA 3 VOLUNTEER FIRE DEPARTMENT IN ALICIA, 4 ARKANSAS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 That the City Council hereby authorizes the donation of one surplus fire apparatus 10 valued at $5,000, as well as surplus firefighting equipment valued at $2,500, to the Alicia 11 Volunteer Fire Department in Alicia, Arkansas. The devices are to be donated in "AS IS" 12 and "WITH ALL FAULTS" condition. 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: _ 11:01,1% dget & Management ervices it ey s Office CA15863 R-2 July 5, 2022 4=4 ps y'-) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Donation of$7,000 from AARP Virginia to the FY 2022-23 Operating Budget of the Department of Parks and Recreation MEETING DATE: July 12, 2022 • Background: The City of Virginia Beach was selected to collaborate with FitLot, Incorporated (FitLot) on the construction of an AARP Sponsored Outdoor Fitness Park. In recognition of this partnership and the installation of the equipment, Parks and Recreation partnered with AARP for the AARP FitLot Dedication and Fun Day at Williams Farm Park. In order to help fund the event, AARP is donating $7,000 for the Department of Parks and Recreation to help pay for items such as inflatables, concessions, and promotional items. • Considerations: The FitLot Dedication and Fun Day was held at Williams Farm Park on Saturday, June 18, 2022. This donation will help reimburse the department for some of the costs associated with the event. • Public Information: Normal City Council agenda process. • Attachments: Ordinance and Draft Trust Agreement Recommended Action: Approval Submitting Department/Agency: Parks & Recreation City Manager: ffrp 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION OF $7,000 FROM AARP VIRGINIA TO 3 THE FY 2022-23 OPERATING BUDGET OF THE 4 DEPARTMENT OF PARKS AND RECREATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 A donation of$7,000 from AARP Virginia is accepted and appropriated to the FY 10 2022-23 operating budget of the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'T'&1/1-0,-- Budget and Management Services City Attorney's Office CA15864 R-1 June 29,2022 Rev. 06/21 VIRGINIA BEACH DEPARTMENT OF PARKS AND RECREATION ARKS & RECREATION 2154 LANDSTOWN ROAD,VIRGINIA BEACH,VA 23456 757.385.0401 TRUST AGREEMENT We, AARP Virginia of 901 East Byrd, Suite 1005, Richmond, Virginia 24219 (Donor) (Address) hereby make a gift to the City of Virginia Beach, Department of Parks & Recreation in the amount of$ 7,000.00. No goods or services were received by the donor as a result of the donation or gift. (Donor) (Date) I have received the above referenced gift on behalf of the City of Virginia Beach, Department of Parks and Recreation. By: For internal use: Facility accepting donation: Name of Program Code: Program Code: c .-r BEtc• cA4so`yiii CITY OF VIR,,''GINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $5,722,478 to the FY 2022-23 School Operating Fund and $6,472,855 to the FY 2022-23 Schools Categorical Grants Fund MEETING DATE: July 12, 2022 • Background: The City of Virginia Beach's Adopted Budget ordinance for FY 2022-23 appropriated $923,606,542 into the School Operating Fund and $180,570,313 into the Categorical Grants Fund. On June 22, 2022, the Commonwealth of Virginia's 2022-2024 biennial budget (HB 30 as Enrolled) was signed into law. The final FY 2022-23 Adopted Budget for Virginia Beach City Public Schools (VBCPS), reconciled to the final state budget, reflects a net increase of $5,722,478 in the School Operating Fund and an additional $6,472,855 for the Schools Categorical Grants Fund. The additional $5,722,478 provided by the Commonwealth to the VBCPS School Operating Fund is primarily the result of a decrease in funding for Incentive Programs, offset by an increase in funding for Basic Aid and Lottery-Funded Programs, along with technical adjustments the Commonwealth made to update factors such as enrollment projections, inflation impacts, and SOL test failure rate data. VBCPS will use this School Operating funding from the Commonwealth to provide an additional 1.0% cost of living adjustment (COLA) for all employees. The $6,472,855 for the Schools Categorical Grants Fund reflects the Virginia Department of Education's recalculated cost to provide a $1,000 bonus for funded SOQ instructional and support positions from the Federal State and Local Recovery Fund, pursuant to the American Rescue Plan Act of 2021 (ARPA), which includes funded SOQ instructional and support positions that were inadvertently omitted from the original calculation. VBCPS will use these Categorical Grants federal funds to provide a $1,000 bonus payment for each SOQ-funded instructional and support position. • Considerations: At its meeting on June 28, 2022, the School Board adopted a resolution requesting the appropriation of an additional $5,722,478 to the FY 2022-23 School Operating Fund and $6,472,855 to the FY 2022-23 Schools Categorical Grants Fund. This adjusts School Operating Fund revenue from the Commonwealth to $426,676,954 and increases the total FY 2022-23 appropriation to the School Operating Fund from $923,606,542, to $929,329,020. This adjusts School Categorical Grants revenue from the federal government to $151,402,038 and increases the total FY 2022- 23 appropriation to the School Categorical Grants Fund from $180,570,313, to $187,043,168. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; School Board Resolution Submitting Department/Agency: Virginia Beach Public Schools City Manager:/4 "- .j/7 ) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,722,478 TO THE FY 2022-23 SCHOOL 3 OPERATING FUND AND$6,472,855 TO THE FY 2022- 4 23 SCHOOLS CATEGORICAL GRANTS FUND 5 6 WHEREAS, the City of Virginia Beach's adopted budget ordinance for FY 2022- 7 23 appropriated $923,606,542 into the School Operating Fund and $180,570,313 into the 8 Categorical Grants Fund of the School Board of the City of Virginia Beach; 9 10 WHEREAS, since the adoption of the City's FY 2022-23 budget, the 11 Commonwealth of Virginia's 2022-2024 biennial budget was signed into law June 22, 12 2022, reflecting a net increase of $5,722,478 for the School Operating Fund and an 13 additional $6,472,855 for the Schools Categorical Grants Fund; and 14 15 WHEREAS, on June 28, 2022, the School Board adopted a resolution approving 16 the appropriation of these funds to provide an additional 1.0% cost of living adjustment 17 (COLA) for all employees and a $1,000 bonus payment for each SOQ-funded 18 instructional and support position; 19 20 NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA, THAT: 22 23 The City Council hereby accepts and appropriates $12,195,333 for the School 24 Board of the City of Virginia Beach, with $5,722,478 in State revenue to the FY 2022-23 25 Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022- 26 23 Categorical Grants Fund. 27 28 Requires an affirmative vote of a majority of all members of the City Council. 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: // „ ' ; ,7/7//1114' 9 �.d Btid et and Management Services City Attorney's Office CA 15866 R-1 June 29, 2022 �: ', >l�� �.j. VIRGINIA BEACH CITY PUBLIC SCHOOLS ii CHARTING THE COURSE School Board Services Carolyn T. Rye,Chair Kimberly A.Melnyk,Vice Chair District 5-Lynnhaven District 7 -Princess Anne Beverly M.Anderson Sharon R. Felton Jennifer S. Franklin At-Large District 6—Beach District 2 -Kempsville Dorothy M.Holtz Laura K.Hughes Victoria C. Manning At-Large At-Large At-Large Jessica L.Owens Trenace B.Riggs Carolyn D Weems District 3—Rose Hall District 1- Centerville District 4 Bayside Aaron C.Spence,Ed.D..Superintendent Resolution Regarding Additional Funding for FY 2022/23 WHEREAS,the FY 2022/23 budget was adopted by the City Council on May 11,2022;and WHEREAS,The City of Virginia Beach's adopted Budget Ordinance appropriated funds to the School Board of the City of Virginia Beach;and WHEREAS,the Special Session I General Assembly adopted its final changes to the 2022-2024 biennial budget on June 1,2022;and WHEREAS,state funds will increase$5,722,478;and WHEREAS,the General Assembly provides$6,472,855 for a$1,000 bonus payment for each SOQ-funded instructional and support position in FY 2022/23 using federal ARPA pandemic relief funds;and WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of$5,722,478 into the School Operating fund and$6,472,855 into the Categorical Grants fund;and WHEREAS,appropriations of funds must be approved by the City Council prior to the expenditure of funds by the School Board of the City of Virginia Beach;and NOW,THEREFORE,BE IT RESOLVED:the School Board of the City of Virginia Beach requests an additional appropriation of$5,722,478 into the School Operating fund;and be it FURTHER RESOLVED: these state funds will be used to provide an additional 1.0 percent cost of living adjustment(COLA)for all employees;and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of $6,472,855 into the Categorical Grants fund;and be it FURTHER RESOLVED:these federal funds will be used to provide a$1,000 bonus payment for each SOQ- funded instructional and support position;and be it FURTHER RESOLVED:that the School Board of the City of Virginia Beach approves and affirms the necessary appropriation and recommended uses of these funds;and be it FINALLY RESOLVED:that a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor,each member of the City Council,the City Manager, and the City Clerk. ��.,..t. �•1�,1 t F iv�p% Adopted by the School Board of the City of Vir ' is Beach this 28th day of June 2022. t. •......•• f/� 4 ' .•'SEAL '• � + Carolyn T.Rye, Sc IA el =oard hair (21 Asa E : cit 0 • #;Q,.•,. .•`� _a a M. oneatto,Clerk of the Board p3s • Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach,Virginia 23456 0038 www.vbschools.corn ,u S :.j �a* ♦ a 1JI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to CIP #100320, Parks/Special Use Facility Development & Renovations III, from a Cash In Lieu of Park Reservation Payment MEETING DATE: July 12, 2022 • Background: The Prosperity at the Pines Subdivision is a proposed residential subdivision of 36 dwelling lots on a 7.703-acre parcel of land at 914 Prosperity Road, zoned R-5D Residential District. It is a relatively small single-family residential subdivision that is insufficient to require a large park dedication. The City Council adopted a policy in 1995 to allow cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre. The proposed development would yield a park dedication of only 0.462 acres, less than the 1-to-5 acre minimum size preferred for a neighborhood park. Additionally, the residents of this subdivision will be able to access Red Wing Park within a 10-minute walk time. Both staff and the developer agree that providing a cash payment in lieu of park reservation is the most appropriate option for addressing the subdivision's recreational impact. The payment would be appropriated toward improvements at Red Wing Park. • Considerations: Prosperity at the Pines Subdivision has agreed to the Cash in Lieu of Park Reservation Payment in accordance with the City Council policy (attached). The amount of the payment is based on the 0.462 acre (7,856 square feet) dedication requirement of the subdivision, multiplied by the assessed value per acre of the entire site ($220,000), as determined by the Real Estate Assessor. The dedication requirement for 0.462 acres x $220,000 = $101,640 cash payment in lieu of park reservation. • Alternatives: There are four options for addressing recreational/open space requirements for residential subdivisions that have appropriate zoning: park/open space reservation; park/open space deeded to Home Owners Association (HOA); park/open space dedication; or a cash payment in lieu of park reservation payment. The City Council may require the developer of the Prosperity at the Pines Subdivision to reserve, dedicate or deed to the HOA the total parkland/open space requirement instead of making the cash payment. • Recommendations: Accept and appropriate the $101,640 cash payment in lieu of park reservation payment from the Prosperity at the Pines Subdivision to Capital Improvement Program Project 100320, "Parks/Special Use Facility Development & Renovations III." • Attachments: Ordinance; Cash Payment in Lieu of Park Reservation City Council Policy; Location Map of the Prosperity at the Pines Subdivision; Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #100320, PARKS/SPECIAL USE 3 FACILITY DEVELOPMENT & RENOVATIONS III, 4 FROM A CASH IN LIEU OF PARK RESERVATION 5 PAYMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 (a) $101,640 is hereby accepted in lieu of a park reservation from the Prosperity 11 at the Pines Subdivision development, with local revenue increased accordingly; and 12 13 (b) $101,640 is hereby appropriated to CIP #100320, "Parks/Special Use Facility 14 Development & Renovations Ill." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dget& Management Services City Attorney's Office CA 15862 R-1 June 29, 2022 BF448L z� c 'ity c . • . r L14.- 'i /11 r (%:'_,‘", r.p� VRg v.a m DEPARTMENT OF PARKS AND RE GREAT ION 2I52 LANOSTOWN ROAD PLANNING,DESIGN 8 DEVEtOPUFNTDIVISION ARGaMA6E'CN vA2345blop S7)38K. ,00 FAX(7$7)889-3733 TIN 1)1 VIRGIMA RELAY SECTION 4.5 OF THE SUBDIVISION ORDINANCE CASH PAYMENT IN LIEU OF PARK RESERVATION CITY COUNCIL POLICY PLANNING/DSC FILE #. L09-011444-CP and L09-01212356-FP SUBDIVISION NAME Prosperity at the Pines Subdivision ZONING: R-5D Residential District TOTAL SUBDIVISION ACREAGE/MINIMUM LOT SIZE PER ZONING. 7.703 Acres/ 5.000 S: - Ft. DEDICATION REQUIREMENT 0.462 Acres [(Total site acreage x 12%) /2] ASSESSED VALUE PER ACRE $ $220,000 ASSESSED VALUE FOR SUBDIVISION REQUIREMENT ,,_101,640 (Dedication requirement x assessed value per acre) The undersigned representing A-s- iCOA 1)-C does hereby agree this date irtt_� �, to the following cash payment in lieu of park reservation: pany Representative an Title Parks and Recreation ePowidoe 4. 44%.".... Real Estate Assessor Planning/DSC cereL.,0 Xede,e-ie4c I' ‘blr_: Works/Real Estate City Attorney's Office .- 4,1141111t ROR r 42 {W ' e+ : f`+1°Y>F1 e l . .';6''..,::''': ' # 4111.41qt 41:111,:iiiii* 419lit 4 - I / 4 IS d ?i, uOCEgNABLVD4PapPW/I I '1:141to '4) 9 4.4:4:/4 NW** ck.,\\ A4, ,,, _#,,. „,,,. 'kit, vAti,�. RrVk �at" .� cF�RO 4 1 Pt:0z 0 I,,- Nor % FR414;0, 14tZtaili10_ Prosperity at the Pines Subdivision2:13:1 ,�� 4I;Pii,.,444- - \ \ i/ ,, 'ff ' p140011111141.1.011 Air READING RD 41 lir 101 P ''''') ,,, .. 4., Off Will IP Fa id III II lb / - ' ' / 1 , . ." _. ____-,- IP 4i 4 /77 T---) r / is U Red Wing Park ' / ' i Planning Design&Development\Development Review Disclosure Statement Fit t) >J Viiy"uo Iie'rh 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 Rhema KOA, LLC 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 ii No • If yes,list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) John K. Bishard, Manager,Steven W. Bishard, Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) General Booth Ventures, LLC 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 Disclosure Statement 'NB ,tl�'ain tnh& Planning & Community Development ^ s Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes $ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? E Yes ❑ No • If yes,identify the financial institutions. Union Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm or individual providing the service. Bardoun Design, Land Planning Solutions 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 10 No • If yes, identify the purchaser and purchaser's service providers. 2I Disclosure Statement city of►innnia R to 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 construction contractor. Chesapeake Bay Contractors 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? It Yes ❑ No • If yes,identify the engineer/surveyor/agent. Timmons Group, Mid-Atlantic Survey and Design 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 name of the attorney or firm providing legal services. Harry R. Purkey,Jr., P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. (/*1- 4/4.-iv41,4( Applicant Signature Steven W. Bishard Print Name and Title June 9, 2022 Date Is the applicant also the owner of the subject property? in Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3I Disclosure Statement r tuy of Virginia Beach Planning & Community,, ._ Development -, Continue to Next Page for Owner Disclosure 4I Disclosure Statement City of Virjinia Retich Planning & Community Atiik Development Owner Disclosure Owner Name Applicant Name Rhema KOA, LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers, directors, members,trustees, etc.below. (Attach a list if necessary) • 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 ❑ 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. SI Disclosure Statement 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. 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 real estate broker/realtor. 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 or 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 or 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? 0 Yes ❑ No • If yes, identify the construction contractor. 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 engineer/surveyor/agent. 6I Disclosure Statement \43 City of Vfrjinia Hnx+ Planning & Community Development .w^ 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 name of the attorney or firm providing legal services. 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 SfeJ.to i (51-4tcArd Print Name and Title v,'lr el , ZO Z 7i Date 7I L. PLANNING 1. CRAIG M. & KRIS C. KIRBY for a Street Closure re 563 square feet of an unimproved alley adjacent to 631 Vanderbilt Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 2. VICTORIA KOZIOL for a Conditional Use Permit re short term rental at 901-C Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 3. LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 218 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. THOMAS C. LOPRESTI for a Conditional Use Permit re short term rental at 425 21' Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. CRAIG & APRIL DEAN for a Conditional Use Permit re short term rental at 515 20th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from May 17, 2022) RECOMMENDATION: APPROVAL �A fo,.,14.. ,..,,,A 4 ., ,t_ ,,..,,,,„.. , ,: ,...,:i_.__ „!., ` ,,Nttscd'°d �11W- NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 12,2022 at 6:00 p.m.in the Council Chamber at City Hall, 2^d Floor at 2403 Courthouse Drive (Old City Hall), Building 3,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: ',;; vUgov.webex.com/vbgov/onstage/g.oho ?MTI D=ef3bdce56b8353f31f8b2078b1a83d4b 4 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on July 12,2022. The following requests are scheduled to be heard: Craig M. & Kris C. Kirby (Applicant) Street Closure Address: 7.5-foot by 75-foot of an unimproved alley adjacent to 631 Vanderbilt Avenue Adjacent GPIN(s): 2426384565 Council District District 5 Victoria Koziol(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:901 C Pacific Avenue GPIN(s): 24272444110950 Council District District 5 Longcreek, LLC (Applicant & Property Owner) Conditional Use Permit(Short Term Rental) Address: 4005 Atlantic Avenue,Unit 218 GPIN(s):2428051448 Council District District 6 Thomas C. LoPresti (Applicant & Property Owner) Conditional Use Permit(Short Term Rental)Address: 425 21st Street GPIN(s):2427082313 Council District District 6 Craig & April Dean (Applicants & Property Owners) Conditional Use Permit(Short Term Rental) Address: 515 20th Street GPIN(s):2417979808 Council District District 6 CITY OF VIRGINIA BEACH-An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities.An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities.An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with a Conditional Use Permit in the I-1 and I- 2 districts. Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc. For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city- clerVcity-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON -JUNE 26,2022&JULY 3,2022-1 TIME EACH I, 11116 \ I - \ (2% R10 tr ci)\ __ _. R 10— :iii1Yyj 5_ d_, Go C \A i _R1-0--- - \ _ i\ 4. 0 e \ I ne Aqua II , guilt \,/ R10 IP / a) \ R10 / All-0 N Site - w4&E //. Craig M. & Kris C. Kirby �wJ. Property Polygons 7.5-foot by 75-foot of an unimproved s Zoning alley adjacent to 631 Vanderbilt Avenue Building Feet 0 510 20 30 40 50 60 r-\NU1 ft - Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Craig M. Kirby and Kris C. Kirby for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 631 Vanderbilt Avenue in Croatan MEETING DATE: July 12, 2022 • Background: Craig M. Kirby and Kris C. Kirby (the "Applicants") requested the closure of approximately 563 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 631 Vanderbilt Avenue (GPIN 2426-38-4565), for the purpose of incorporating the closed area into their adjoining property. • Considerations: The street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the 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 City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure Craig M. & Kris C. Kirby Page 2 of 2 approval. Said plat shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / 7 City Manager: 1 ORDINANCE APPROVING THE APPLICATION OF 2 CRAIG M. AND KRIS C. KIRBY FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 631 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Craig M. Kirby and Kris C. Kirby (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of unimproved, unnamed right-of-way (the 21 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 22 met on or before one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (563 SQ. FT. OR 0.013 ACRES)", and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OF THE EASTERN 7.50' OF 30 15' ALLEY (A PUBLIC R/VV) LOT 13A RESUBDIVISION OF 31 LOT 13 & SOUTHERN 'A OF LOT 14 BLOCK 18 32 SUBDIVISION OF CROATAN BEACH VIRGINIA BEACH, 33 VIRGINIA (INSTR.#20080722000859410)", Scale: 1" = 20', 34 dated March 4, 2022, prepared by Hassell & Folkes, P.C. 35 Engineers-Surveyors-Planners, a copy of which is attached 36 hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 47 No GPIN assigned (City Right-of-Way) 48 Adjacent GPIN: 2426-38-4565 49 Pursuant to Street Closures", approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $3,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants shall resubdivide the property and vacate the internal lot 54 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 55 be submitted and approved for recordation prior to the final street closure approval. 56 Said plat shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City of Virginia Beach, subject to the approval of the Department of Public 58 Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. The Applicants shall verify that no private utilities exist within the Right-of- 62 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 63 company must be provided. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above-stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within one (1) year of City Council approval, said approval shall be considered null and 69 void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before July 11, 2023, this 74 Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before July 11, 2023, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the underlying 80 fee, the City Manager or his designee is authorized to execute whatever documents, if 81 any, that may be requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 83 84 SECTION IV 85 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 87 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH (as "Grantor") and CRAIG M. KIRBY and KRIS C. KIRBY 89 (collectively, as "Grantee"). 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1Planning 114y ---)tmer4t City 4mey CA15624 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d014\p042\00811176.doc R-1 June 28, 2022 Exhibit A THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOC/A TED RECORD DOCUMENTS AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. -481%**.... weila L 0 I / LOT 2 GP//✓ 2426-38-3571 GP/N 2426-38-3515 (M B. 24, PC 37) (M.B. 24, PG 37) (NOT INCLUDED) (NOT INCLUDED) N 1220'32" W 7500' 15' ALLEY (UN/MPRO ICED) '( N..B. 24, PG. 37) PIN(F) 0 - _ , ;-N N 12 20'32 W 75.00 AREA OF PROPOSED STREET CLOSURE (563 SQ. FT OR 0.013 ACRES) "' o 0 LW - ` .... BLOCK 18 0 O N Q,3A) NOR THERN OF LOT 1ar 'co 403 (M.B. 24, PC. 37) Q k CCE m BLOCK 18 J S N GP/N.• 2426-38-4565 p) GP/N 2426-38-4664 QI N- -t ^ 7,500 SQ. FT ^ (NOT INCLUDED) N k (IMPROVEMENTS NOT SHOWN) PIN(F) S 1220'32" E 7500' P/N(F) VANDERBILT AVENUE (80' R/W) (M.8. 24, PG. 37) STREET CLOSURE EXHIBIT OF THE PROPERTY APPEARS TO THE EASTERN 7.50' OF 15 ALLEY - - . LIE IN ZONE 'X'AS OM COMMUNITY PANEL SCALED (A PUBLIC R/W) Z,TH/OF k , /515531 0128 G, ErrECT/VE LOT 1JA - / r 01/16/2015. THIS IS TO RESUBDI V/S/ON OF LOT 13 & ' ��RTIFY THA T THIS PLANRE1TRS TO ��� Sirj. ASSET FOR TH BY THE SAME PLAT LOT SOUTHERN OF LOT 14 ..8 LYNN D. EVANS ' DATED 07/02/2008 AND BLOCK 18 lac. No. 0012' RECORDED III THE CLERKS SUBD/VISION OF 0 4/21 2022 OFf7CE Cr- THE CIRCUIT COURT Or VIRGIN/A BEACH, CROA TAN BEACH < ' VIRGINIA /N IN/STRUMENT VIRGINIA BEACH, VIRGINIA 9�O S U Rv�y0' I, 1'20080722000859410. (INS TR.#20080722000859410) ADDRESS: 631 VANDERBIL T AVENUE WO. #52695-2 HASSELL & FOLKES, P.C. o' 70' 20' 40' ENGINEERS—SURVEYORS—PLANNERS DATE: 03/04/2022 I I 325 VOL VO PARKWAY GRAPH/C SCALE: 1"=20' CHESAPEAKE, NRG/N/A 23320 PHONE (757) 547-9531 FAX: (757) 547-9481 Applicants Craig M. & Kris C. Kirby Planning Commission Public Hearing June 8, 2022 Agenda Item City Council District District 5, formerly Beach City of 4 Virginia Beach Request Street Closure Staff Recommendation -� V cr Approval 0�.�'` .1, Staff Planner fi - Marchelle Coleman / f A Q Croatah Road jv # 'y Location twpne"13"e c•9 � y ii q ., 7.5-foot by 75-foot of an unimproved alley Se��a\c '�� ,1 adjacent to 631 Vanderbilt Avenue ccS` * t Adjacent GPIN /'' G,,,,,L � ' I- ; 2426384565 \\,,Vi Site Size 7 r- 563 square feet AICUZ 65-70 dB DNL Watershed / t Atlantic Ocean 4' ` Existing Land Use and Zoning District , g. '� Single-family dwelling /R-10 Residential - ,IL„ a' . Surrounding Land Uses and Zoning Districts _ 4 — ;wl North »' `_ r ~' * ;` Single-family dwellings / R-10 Residential t; - `' ►. - South - _ � 4' I'6�►-A;;;T:no Aqua Lane - ` Unimproved right-of-way, single-familyy. g ,. dwellings / R-10 Residential .-4 �`_ • : East ' - -Vanderbilt Avenue �' '` •p s �e-` Single-family dwellings/R-10 Residential - t` ' + 116) * .. " West .03 ' -,• s,j1fr;..• • ,t - Unimproved alley,single-family dwellings/ R-10 - `t- c Residential Craig M. & Kris C. Kirby Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit, the proposal includes closure of half of the 15-foot wide alley,totaling 563 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 13A, Resubdivision of Lot 13 &Southern %of Lot 14, Block 18, Croatan Beach. • The site is developed consistent with other residential lots in the Croatan neighborhood with a single-family home and a fenced in back yard. Currently,the area proposed to be closed is fenced in and has been used and maintained by the applicant. 0�r R10 >a• RIO R10 No Zoning History to Report i R10 A R10 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on April 22, 2022,that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the Office of the City Attorney,to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. There have been several similar requests that have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley. Based on the consideration above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Craig M. & Kris C. Kirby Agenda Item 4 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to surrounding uses. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Craig M. & Kris C. Kirby Agenda Item 4 Page 3 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 26, 2022 and July 3, 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 27, 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 8, 2022. Craig M. & Kris C. Kirby Agenda Item 4 Page 4 Street Closure Exhibit THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED R/QNNT-DE WAY CLOSURE AND INDEPENDENT OF PIE ASSOC'ATED RECORD DOCUMENT5 AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE LOT 7 /0i ? ri N 2426 Je 3571 Sh'iN 242 6 . _C.515 44e ?.. p. a.') KB. 24. /'O S') ioi ttC[c' v) (NO i,kaci[lti;' N 122072- W 75.00' 15' ALLEY �1A -c ,-. „k ,,-; .,.-.%,- ,: ` >::.>, , . (UN/MPROVED) N�• '.- � .>. a`';�.-;";/c,A. " -k,h �K„A� ., ,• :k,N, (4f..8. 24, PG. 37) PIN(F) 0 - - - N 1270'32' W 7500' AREA OF PROPOSED STREET CLOSURE (563 SO FT OR 0.013 ACRES) j $ 1-1.J BLOCK 18 eo� g z � 3 13A ki I,40 r VW;4 nr LOT 1dr. ., i :'.1. 1': 4:; J .9LOCK lb' 4 4 N GP/N: 2426-38-4565 'Qo', a/N 426-.3d-16 4 �' -� Lo'i 7,500 SD FT (l,U rtYJL't)) (IMPROVEMENTS NOT SHOWN) e e P/N(F) S 1270'32'E 75.00' Ppy(r) VANDERB/L T AVENUE (80'R/W) (M.8. 24, PG. 37) STREET CLOSURE EXHIBIT OF I?r/• Iwcv*R1) -119--1,5 IC THE EASTERN 7.50' OF 15ALLEY . ' GI£itv LiviL As scAt. n TH OF y . F;.i.w�:�r.14,�u...✓/T}•,?4ter (A PUBLIC R/W) ' • „"1.;.;.11 ,-1pp r Ittir:!i-� LOT 13A •.• / f4' m,•r•;.,;riF TT/.s Is T� ,7 N/:}r ;HAi /y:s Iv.1N RESUBD/1/!S/ON OF LOT 13 & - e/ .'� At,L/V 'L/C1 I' VI. a;I SOUTHERN i OF LOT 14 u LYNN D. EVANS ► • ,15 scr roc ru ay ez,r 1:"M///0 0.. ?L;':'jp•1114; BLOCK 18 Lic. No. 001279 RCCOr,DED/1.1 n IC c:LC'?K'S SUBDI I'IS/ON OF 04/21/2022 `'�`` E, `r �1 '�/` CROA TAN BEACH L'rLlY.1 LEA :lt'S"/:.:1 Bt.�!'rs .1 OC 4R/M; /Iv 6vs/7�'U.t'Z7vT WRG/N/A BEACH, l/IRG/N/A •�O SURVEY. in:�N7'.o0ssss+•I7c (INSTR,#20080722000859410) ADORtSS.• 6J/ VANDERB/L T A VENUE W.O. /52695-2 HASSELL & FOLKES, P.C. o' 10' 20' 40' ENGINEERS—SURVEYORS—PLANNERS DATE 0.5/04/2022 l I J25 Vtx kV PARKWAY GRAP19C SCALE 1=20' D'IESAPEAKE I RGIMA 23320 "'CAC (757) 547-9531 FAX. (757)547-9481 Craig M. & Kris C. Kirby Agenda Item 4 Page 5 Site Photos - ...711e,11:ii:. I AI •.,..., . I , 111--- 41101" !...*._---,....,-....,:. .....No. ; .i. ! , , , t. J II vole•Wi. _ 1111111.L221.1. 111;11111_,1111111111fing'sit • 111 .. _. ..._,.• .. .-.,:1 ..,:..1,, 1111111111111. • ..4 I e7=1 Z FE-;_7_ • • •- , : ____ liar 11, - - ' ..4.11 __ . _..... . 4 amp IMMIEL. . in_ • ' .... ' et .._ ...,: . _ . ..,... -1--- , ,..:..,,...,.,-- - - ____...........-: . . .. ___............. ...,..... i. "I. 11-111 ....r , LL __......,_._ ......... _ ..... .....„, _._ .._._ .„......._ .......__. ..._.,............ ____ . _ I J 1. --....... • ,.. .4101..-. -r-- . _ i ...._ .. . - , — I. .1, . i -.......... 4 ,, ,t4-...:-If_ 1 ' — - - - -: ii.t.' : -,.: . - , ,- , ,-1111111111i - -- -- , - .... •-..- ' - . ..,_ ,.. ' ''? 74-441.V.-''''.7= •... ..-,*:H-.-, -.....a _.-..t. ::'411..„ ..., ;.-t•• .„,„ . . ' --.:,-- ......4„,-:.,1•44,--"-;'Ai. .. . ...-..- Craig M. & Kris C. Kirby Agenda Item 4 Page 6 Disclosure Statement Disclosure Statement \43 ('st a u!5"viu.Beach 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 Narne Craig M.&Kris C.Kirby Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes i No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Craig M. & Kris C. Kirby Agenda Item 4 Page 7 Disclosure Statement Disclosure Statement y_., ____ . \B c'rt q of Yip•iQ Mei ..., Planning&Community �- I•velopment _.... imil000p.,,,, .f Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? •Yes ❑No • If yes,identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc. 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?E 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 NI 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 Il No • If yes,identify the purchaser and port^aser's service providers. 2I Craig M. & Kris C. Kirby Agenda Item 4 Page 8 Disclosure Statement ►r ` • ! D ..,O :47iD, •- --i,n,''' �,.r1..�f P{ *1 it'••ft. rleg.f, n;11'\,r,' _t{ ► %. ►�l.a • 1 rt, i 1 �tt 7 t1r .rR �y4 it >f•�,p ki• `, d, C hji+ i . 7.!.` 4. ,r t .�'�►TsV•' _ • .dr•ir��+Z�N�hx'1•}F��,�:�r�'X►,��`{.4�1}wf}r.i�'1•�X bb`Tn� .. , :1i:1 �Ci7rN�e.l�t. :r.,.r1''�lr �Q.,Ctr��;�A i, t 4:t14-'• < ,) , 5 ins Y,'; . }I ) t, 'ri:rf 124.4 'V e 1 •rA. ;' e �i ? •:it 1•j}ti -1 :•t .i' .,;r?lit }} .Yi�1l ,Id(iy y,......„4 j.'-41/4.6Y;l�'Yi( Oc_i81i:���JQ6��t�. +}'i, , � t • .�� �i -`yJ��it�lAt�fl���i1� .. - �.t� f+ _ i5�1�y -y �lt• � }�': :.s. `tiV. SST 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business ope rating or to be operated on the property?■Yes 0 No • If yes,Identify the firm and individual providing the service. Lynn D.Evans,Hassell&Folkes,P.C. 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?1 Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. r".--271.1 :::!_ ---- 4:7/ r.._..er.o.4 Li App nt Signat Craig M.Kirby Kris C.Kirby Print Name and Title 3//8/2Z Date Is the applicant also the owner of the subject property? il Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date Signature Print Name i Marchelle L. Coleman Revised 11.09.2020 3 I P a g e Craig M. & Kris C. Kirby Agenda Item 4 Page 9 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. Craig M. & Kris C. Kirby Agenda Item 4 Page 10 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item #4 Craig M. & Kris C. Kirby [Applicants] Street Closure Address: 7.5 foot by 75 foot of an unimproved alley adjacent to 631 Vanderbilt Avenue 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, Mr. Frankenfield. The next item, item #4 is Craig and Chris Kirby at 631 Vanderbilt Avenue. Representative, please come forward and state your name. Eddie Bourdon: Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Kirby. All four conditions of the Street Closure as recommended by staff are acceptable to the applicant and we appreciate being on the Consent Agenda. And if I could, Ms. Klein, we are going to miss you. Your representation of Centerville and the citizens as a whole, with the enthusiasm and good cheer, no matter whether you're for or against has been wonderful and, really, the city's blessed to have people like you willing to serve. So, thank you and enjoy Vermont. George Alcaraz: Thank you, Mr. Bourdon. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Bradley to read this item for the record. David Bradley: The applicant is requesting to close a portion of the platted, unnamed, and unapproved, alley that is adjacent to the rear lot line as shown. The proposal includes closure of half of the 15-foot wide alley totaling 563 square feet and incorporating that land into the adjacent residential lot. The site is developed consistent with other residential lots in the neighborhood with a single- family home and a fenced in backyard. Currently, the area's proposed to be closed. The area proposed to be closed is fenced in and has been used and maintained by the applicant. Staff recommended this for approval and since there's no opposition, we've put it on our Consent Agenda for approval. 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 City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. v RtSS - 1\ )' �O R OR .._,-- \ \\„, \-J7_, __ I \\ ..p„\\ street \ — 1011 ev \ -0 \ I.:\ R5S OR 0 , ''' 0 Q OR (1 A18 4 ` C \ 6) 11 es 0:R ��____---- OR . • - . .. _ street \ ....m Norj " thStr _ — , Avenue - - \ 5 11 9 RT3 _ - . 7 �.,1 RT3 o OR cma- c::::), \ \ Z,o `{�, R5S !, co N r A Site w � � r: Property Polygons Victoria Koziol s 0 Zoning 901 Pacific Avenue, Unit C Building iiii=icimicimiciFeet 0 2040 80 120 160 200 240 , ,,..,;„, I'E t.„ ti•�i� ro .,,.i�?r .ii. „:„. ..,:::::;-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VICTORIA KOZIOL [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 901-C Pacific Avenue, (GPIN 24272444110950 ). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: July 12, 2022 ■ Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental in Unit 901-C of the Retreat-by-the-Sea Condominiums, located on the northwest corner of 9th Street and Pacific Avenue. The subject property lies in the Pacific Avenue corridor, which serves as one of the main north-south connectors in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both the Atlantic Avenue and Pacific Avenue corridors serve as the area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. • STR first identified by Host Compliance November 2021 • Applicant submitted March 2022 o Applicant notified they cannot continue to advertise or operate as a short term rental while going through the Conditional Use Permit process. • Listing removed May 9, 2022 • Listing reposted May 12, 2022 • Listing removed June 2, 2022 • 0 Confirmed bookings • Property is not currently listed • The property is currently registered with the Commissioner of the Revenue as a short term rental managed by a real estate company. The number of stays is not available for those properties managed by a real estate company. • Considerations: Short Term Rentals are prevalent on this property, with nine approved Conditional Use Permits for the operation of STRs. Two parking spaces are required for this request, and the applicant has provided one designated space on-site, and the second parking space will be leased at the 9th Street Municipal Parking Garage, which is directly across the street from the complex. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Victoria Koziol Page 2 of 5 The address was first listed in November of 2021 as a Short Term Rental on the On June 14, the applicant provided written confirmation that the unit is neither advertised nor operating as a Short Term Rental. 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 following conditions shall only apply to the dwelling unit addressed as 901- C Pacific Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. Victoria Koziol Page 3 of 5 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Victoria Koziol Page 4 of 5 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statement Location Map STR Vicinity Map Minutes of Planning Commission Hearing Host Compliance File Victoria Koziol Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Managerililfio Applicant & Property Owner:Victoria Koziol Agenda Item Planning Commission Public Hearing:June 8, 2022 City Council District: District 5, formerly Beach 3. 1 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 5„ce` Approval '. ,,,ns«• ,,,,,S,lee‘ ow le ~- ,Ma Beacn Staff Planners ,605treet Hank Morrison 5:7\-- \ �> e 6 1 Sth sreet , i± Location ldk �` 901 Pacific Avenue, Unit C ,20, s. i- eo,' Norfolk Aven 9 GPIN r- , A yMA �w- - AN ,yand • J0 24272444110950 aateAvonS ' ' 60,sure a pe,„N' Pveneapv e rjL S K}etY0carpL 50' Site Size i ` -\\ 34,984 square feet ' Ailliit ir 9 ' c-- '� Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts _ North 't 311,h stt�' _ Multi family dwellings, commercial parking lot/ _ ;�_ OR Oceanfront Resort . • `� South 9th Street - ,,,�+.�, Municipal parking garage/OR Oceanfront }-�f ' r '0`"s�,�� '`, Resort i t"` ' East . . , is 'ii‘ : (':' ., Retail shops/OR Oceanfront Resort , `L . -� �`, ' 4 West Norfolk Ave Pe ` - i,t�et— ff' Pacific Avenue r~,; ,. Off-street parking lot/OR Oceanfront Resort { ~ <`r ' ` � ,~ fit" a \V — ,_ ; ` t. .i Victoria Koziol Agenda Item 11 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel contains the Retreat-by-the-Sea Condominiums is zoned OR for Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Nine Short Term Rental Conditional Use Permit application requests have been approved in this condominium development. • Staff visited the site on April 26, 2022 to observe site conditions and take photographs for this report. • Known Short Term Rental activity as of April 26, 2022: CURRENTLY ADVERTISED LAST KNOWN REGISTERED WITH THE RENTAL COMMISIONER OF THE REVENUE No N/A Yes Short Term Rentals in the Vicinity \i- ,,. .0 :.;_S___V-3 lif\ ,%-c- :\e t---;•,, 1...\a, 14\1 TI4 iftt \ \ . . iim\ I, 0. ii ._,g:r _ - ow,:. . k_• •,u- -_ —<I. y • . 'i-Rtis„ set 0. -, --1. ulti_.-i'v oleos. tr. iii, ..., A r"'er Short Term Rentals 1 V t 1 firi s,s.--... ...irs 'CUP Sbws /+_ ' \ ,:-- it h4v.v. 11 00 /1 et-5 . c.,,. *ittlitti* er i' t—r�l r 1 cam-.,rrC 1 C�� , 1 r ''-1 l Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-bedroom, 617 square foot Short Term Rental unit on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 Victoria Koziol Agenda Item 11 Page 2 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 1 • One parking space is to be leased at the 9'Street Municipal Parking Garage directly across the street from the subject property. • 1.c....tterStf**--- ' ' \ OR ; 's OR Zoning History } OR # Request R ___.----- 1 CUP(Short Term Rental)Approved 04/05/2022 OR `0"'S�i ` CUP(Short Term Rental)Approved 11/09/2021 R_SS CUP(Short Term Rental)Approved 03/02/2021 A-le % CUP(Short Term Rental)Approved 10/20/2020 o 4 _ue tteet , CUP(Short Term Rental)Approved 08/25/2020 _ CUP(Short Term Rental)Approved 06/09/2020 CUP(Short Term Rental)Approved 04/06/2020 : __ :921_ OR 3 CUP(Short Term Rental)Approved 02/04/2020 gtl,S«ee� • \ \ `J t Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 617 square foot Short Term Rental unit within the Retreat by the Sea condominium development. Short Term Rentals are prevalent on this property with currently nine approved Conditional Use Permits for the operation of Short Term Rentals. Two parking spaces are required for this request. The applicant has one designated parking space on-site, and the second parking space will be leased at the 9th Street Municipal Parking Garage,which is directly across the street from the condominium development. The applicant has submitted a Letter of Intent to Lease Form to purchase an annual contract for one unreserved parking space at the 9' Street Municipal Parking Garage once approved by City Council. Per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator has reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Sections 2303 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather.Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Victoria Koziol Agenda Item 11 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 901-C Pacific Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Victoria Koziol Agenda Item 11 Page 4 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site,except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Victoria Koziol Agenda Item 11 Page 5 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 26, 2022 and July 3, 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 27, 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 8, 2022. Victoria Koziol Agenda Item 11 Page 6 Site Layout & Parking Plan > I ill III MR MI III 1.0 { Assigned Parking Space#1 ' ' lit TO 11 C' :J .. t. Retreat By the Sea Condominium 4,` r i , II 0* ... .... _ .... _._ , - . r jw' '�_ 4Tul J N ii 4 t T 1 9th Street Municipal Parking Garage =4 'I, zi +t:i Leased Unreserved ` ' ' 4 Parking Space#2 is, ii, ti I .• . It el , - 14 O. 4 ,it: r i t is Victoria Koziol Agenda Item 11 Page 7 Site Photos rimmisan�w+•�r - . :, l -It'll - - . - --"=;;' litill - , 4 1 t :,:i.f,: , ial 1I11,,v.'. a1 ,:„.,„,„,,„, ! . , . .. I MN n n . I S iu _ i -:_-_ 11 It,.. ;2?..,;,, ', . . L.: ,. '..; !ji Y';,f_4..r..';7,-. : Ott - 1:),-:•• ?„0,1 ,,..--- , j S,t:.._. ir. Victoria Koziol Agenda Item 11 Page 8 Site Photos . _ Victoria Koziol Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement NtI3 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 \ii l`411)Y.t s`r.2-,1 v Does the applicant have a representative? ❑Yes gi`No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 0 No • f yes.l st the-ames of a I off,cer<_,oi,ectcrs,members,trustees.etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subs diary'or affiliated business entity'relationsh p with the applicant. (Attach a I st 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 tnat should be considered it determinung the existence of an affiliated business entity relationship include that the same person or substantialy 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 emp oyees or otherwise share activities,resources or personnel or 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§22-3101 11 Victoria Koziol Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement ex.an-..+:.Dada Planning&Community Development Known Merest by Public Official or Employee Does an official or employee of the City of Virginia Beach nave an interest it the subject'and 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? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coilateralization,etc)or are they considering any financing in connection with the subject o'thr ap-Itcatron or any business operating or to be operated on the pr:perty 10 yes ❑No • If yes,identify the financial institutions providing the service. 2 Does the applrca^t have a real estate broker/agent/realtor fc•current a^d articipatea future sales of the subject property? ❑yes n No • if yes,.dentify the company and individual providing the service. I 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 o^the property?jYes 0 No • If yes,identify the firm and individual providing the service. LA z (-CI)r .0 d bj Le. 4 Does the applicant have services from an architect/landscape architect/land planner p-c.,ded:r connection with the subject of the application or any business operating or to br operated or 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?0 Yes ❑No • If yes,identify the purchaser and purchasers service providers 1l Victoria Koziol Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement 113 Planning&Community, Development • 6. Does t're appl can have a construction contractor In connection with the subject of the application or any business opera!ng c, to be operate°on the croperty?❑ Yes Li No • f yes,ice^tiry the ccmcany anc individual providing t-e 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 Pia 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 notifi;:etian 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 7 r i k!c2.ic 1 - btt r- Print Name and TNle 2IO2c Date Is the applicant also the owner of the subject property? ❑Yes ❑No • If yes,you do not need to fill out the owner c.sclosure 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 denies vs of 6/21/2022 Signature ram,.?/l,LdBll/ rnr,t ra„G Hank Morrison 3lr Victoria Koziol Agenda Item 11 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. Victoria Koziol Agenda Item 11 Page 13 STR VICINITY MAP VICTORIA KOZIOL o __AL , \i..,..".._\_)„,„\iv . ' -.._\ 1.....,—V,.- _ \f . ..-:-4% -.0„. \\:u....i 4:(Vk--------- 0 ___Z,__...e.A\-----\ \4SC,\ 'IA -- \113111#11) • ------- ' I AV --,„. \_,t, , tet\e‘'\\r --t-----:c) if \ i I__ 10 \ ' \ I _Law: titiNt--. -7-------i Ab i r A , , \-,- \---A 1 ./ \ • 2*---' -tte --.�` 446 . 1 1 - \ li 1. lit ' \;\ \... -911. ' -----. IS, •OA '' k Av -n u ._ , g, ...---- _ Ill , .k. �, t _. 4:--' . % --gth ..0,T, _ e‘,,,,,,,„��„ „., , ,,, ,, , ..,,,, ........ , . it.„.. \,.:„...„,,t Short Term Rentals1111", \','� . \\ \ c Tc F n^•itU ' CUP Status 5Oil' If 111 '.. '1r eg�•-- Approved 0 alit%al 11 I 111, Denied , �t l� i 1 ti Under Review 1 7--L--r-'i 1 t t� —� l' y ~mil . ' \ c Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 11 Victoria Koziol [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) Address: 901 Pacific Avenue, Unit C 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. The next item, item #4 is Craig and Chris Kirby at 631 Vanderbilt Avenue. Representative, please come forward and state your name. Eddie Bourdon: Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Kirby. All four conditions of the Street Closure as recommended by staff are acceptable to the applicant and we appreciate being on the Consent Agenda. And if I could, Ms. Klein, we are going to miss you. Your representation of Centerville and the citizens as a whole, with the enthusiasm and good cheer, no matter whether you're for or against has been wonderful and, really, the city's blessed to have people like you willing to serve. So thank you and enjoy Vermont. George Alcaraz: Thank you, Mr. Bourdon. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Bradley to read this item for the record. David Bradley: The applicant is requesting to close a portion of the platted, unnamed, and unapproved, alley that is adjacent to the rear lot line as shown. The proposal includes closure of half of the 15 foot wide alley totaling 563 square feet and incorporating that land into the adjacent residential lot. The site is developed consistent with other residential lots in the neighborhood with a single family home and a fenced in backyard. Currently, the area's proposed to be closed. The area proposed to be closed is fenced in and has been used and maintained by the applicant. Staff recommended this for approval and since there's no opposition, we've put it on our Consent Agenda for approval. 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. 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 fora 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 following conditions shall only apply to the dwelling unit addressed as 901-C Pacific Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6/23/22, 11:53 AM Matched property listing p sh ,-c Rental Unit Record Removed X 0 PRINT 901 Pacific Avenue, Virginia Beach, Identified VA 23451, USA Compliant V 0 SEND A LETTER Listing(s)Information Rental Unit Information Airbnb-52875899 _ Si 31 �,/ .J iA if.J-- . w _ J f- if: 1\i' -1101L---- /T' _,;;;--.44;i4-"-..__----v- • 1 _____ Folvertr i e' a 9_ . . ,,, , . . ..,‘ 1 Ret: 1. .; , Google "s - 4'e • -=-•- ,,o,, Identified Address ,.i - ' `"' 901 Pacific Avenue,Virginia Beach,VA F. 23451,USA ✓ Identified Unit Number Ci U Matched Details Identified Latitude,Longitude 36.837834,-75.972989 Parcel Number Analyst CC35 24272444110950 Explanation Photos matched to Street View and show the house number.The listing description Owner Name includes the parking space number which is the same as the unit address.Kitchen CORONADO LUIS ALVARO photos from the listing matched to a YouTube virtual tour. CORONADO CAROLINE Listing Photos Matching 3rd Party Sources Owner Address •—_ PO Box 515 1 I / ; i i . Ashland,VA 23005,US .ar 1, Registration/Permit Number o i 136726-6530 an is Building exterior,brick style,awning,unit number style Timeline of Activity View the series of events and documentation pertaining to this property https://app.hostcompliance.com/property/yP1 mrMx6mlw9Zboq?geoid=16000US5182000#air52875899 1/3 6/23/22,11:53 AM Matched property listing X Listing air52875899 Removed "kr Ne"+r.+ P ao June 2nd,2022 w iv. fie! • Listing air52875899 Reposted ' 11= J111111. May 12th,2022 Cabinets with new pulls,counter top,sink X Listing air52875899 Removed May 9th,2022 Zip Code Match a Owner Name Match • Listing air52875899 Reposted February 27th,2022 © City Name Match X Listing air52875899 Removed February 20th,2022 • Listing air52875899 Reposted Listing Details January 25th,2022 X Listing air52875899 Removed January 15th,2022 Listing URL — https://www.airbnb.com/rooms/52875899 Listing air52875899 Identified Listing Status • Inactive December 29th,2021 Host Compliance Listing ID — air52875899 • Listing air52875899 Reposted December 28th,2021 Listing Title — Dune our Thing-One block to the beach and Boardwalk! X Listing air52875899 Removed December 20th,2021 Property type — Apartment • Listing air52875899 First Activity Room type — Entire home/apt November 1st,2021 Listing Info Last Captured — May 30,2022 )1 Listing air52875899 First Crawled November 1st,2021 Screenshot Last Captured — May 23,2022 Price — $220/night Cleaning Fee — $ Information Provided on Listing Contact Name — Anchor Realty Group Latitude,Longitude — 36.836930,-75.974200 Minimum Stay(#of Nights) — 1 Max Sleeping Capacity(#of People) — 5 Max Number of People per Bedroom — 2.5 Number of Reviews — 0 Last Documented Stay — Listing Screenshot History 12 View Latest Listing Screenshot April() May O f June o https://app.hostcompliance.com/property/yP1 mrMx6mlw9Zboq?geoid=16000US5182000#air52875899 2/3 £/£ 6699L8Z9J1e#OOOZ9 sfl0009l=p!oakbogz6Mw9xWJwldA/Apadoid/woo•aoue!!dwoo;soy dde//:sdfly 6ugs!!ApadoJd pagole j WV£9 l l 'ZZ/£Z/9 \\ ', 4 = '' n IA% ',:,. ...ico co OR c. ci oilil co 11 \ OR 1/1" -o a \\ \ ve, ..6 IR A. OR \ 9 \ _____ ___-----\l a I A ..„,--- - ,, co -- iiii, _---------- _ izeet �`0 - � h str co 441 \ el•, ,-------- o IP' ,R co OR , , �'<Kati,�, �� � `-5 , mare ,, v ' ' 16,,„„0000. \ , v__ _3 'OR N Site W "_ E Longcreek, LLC .'`�,. Property Polygons S Zoning 4005 Atlantic Avenue, Unit 218 Building Feet 0 2040 80 120 160 200 240 y, ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LONGCREEK, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 218 (GPIN 2428051448). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: July 12, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom Short Term Rental in Unit 218 of the Oceans II Condominiums, located on the northwest corner of Atlantic Avenue and 40th Street in the Oceanfront Resort District. The surrounding area is a mixture of high-rise multi-family dwellings, hotels, and other commercial and resort-oriented uses, where Short Term Rentals are to be expected. • Applicant submitted March 2022 • Host Compliance software was unable to identify the unit—no data available regarding potential listings or bookings • Registered with the Commissioner of the Revenue, no transient lodging taxes filed • Considerations: Eleven Conditional Use Permits for Short Term Rentals have been approved in this condominium complex. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round resort and will enable the Resort Area to become a more walkable community. Thus, the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. There are two nearby off-site parking lots dedicated to Oceans II Condominiums, as shown on the parking plan provided in the staff report. The applicant has one assigned parking space (Space #7) in parking lot 1, thus, fulfilling the parking requirement. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Two letters of opposition were received about the request, noting concerns of a concentration of STRs in the immediate area and the perception that they are not being managed appropriately. However, no Zoning violations have been found for this particular property, and on June 14, the applicant provided written confirmation that the unit was neither advertised nor operating as a Short Term Rental. According to the Commissioner of the Revenue, Unit 218 has been registered with their office since Longcreek, LLC Page 2 of 5 March 30, 2022, with a starting date of April 18, 2022. However, no receipts have been filed with the COR. • 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 following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 218, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions Longcreek, LLC Page 3 of 5 occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which Longcreek, LLC Page 4 of 5 number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (2) Longcreek, LLC Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Longcreek, LLC Agenda Item Public Hearing:June 8, 2022 City Council District District 6, formerly Beach 12 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,a,„St<' or,.,e Approval L �Ycob Trc t, ` t'�6tS`rQe 450,Street Staff Planner11 'Y i ,swot Hank Morrison Q Location 4 ,. kr , `. 4005 Atlantic Avenue, Unit 218 Rona Iii ITU, 4d.9:7:` ygth 5"ce GPIN `'',* 2428051448 i d y , c n A y Site Size Br g aS�St,�et o 14,500 square feet ..ao� k , -'� , Road 1 Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts _ ,>_ ,4 North 0' fi, Multi-family dwellings/OR Oceanfront Resort ',. \ d, .``. South \ • it''' ' 40th Street (pedestrian beach access), hotel/ �.. : .: :" IP ‘ OR Oceanfront Resort East +v_ Public beach of the Atlantic Ocean/OR ,+ !, Oceanfront Resort a ' ° D `; �, We st AA Atlantic Ocean - 40 ��;� ,_ E Multi-family dwellings/OR Oceanfront Resort Ili % ! 1 1 i,. Longcreek, LLC Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 14,500 square foot parcel contains the Oceans II Condominiums in the Oceanfront Resort District. • According to City records,Oceans II Condominiums includes 42 condominium units constructed in 1976. However, part of the building was previously a motel that was constructed in 1956. • There are 42 off-street and off-site parking spaces within walking distance of the property. Each condominium unit is assigned one parking space. Twenty-two of these spaces are located in a parking lot across the street(40th Street connector park)to the south adjacent to the Holiday Inn.The remaining 20 parking spaces are located in a lot diagonally across the street from the condominium development. • On-street parking is not permitted on this portion of Atlantic Avenue. • Te44 Eleven Conditional Use Permits for Short Term Rentals have been approved on this site by the City Council. • No past zoning violations were found on this property. • Known Short Term Rental activity as of April 26, 2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity t 1, 440 Ste / _. lt sweet } i Ord Ha43rd Street r{r; Street 420 HaCavalier Drive R t -- , t l it •.`4 Sc\ y1 kit" ,` S ,$:,, Ot S 34 . : 9 'x Short Term Rentals CD 711. airga CUP Status 1 � .1 * tor.. ‘.k. „.4,--, . ,.. _ , , a,. •,r \ ,. vie, 3„„,Street: Longcreek, LLC Agenda Item 12 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 Zoning History # Request 9'P `_ ° - 1 CUP(Short Term Rental)Approved 06/07/2022 OR t CUP(Short Term Rental)Approved 05/17/2022 \ CUP(Short Term Rental)Approved 03/01/2022 CUP(Short Term Rental)Approved 11/17/2020 CUP(Short Term Rental)Approved 08/25/2020 -' - CUP(Short Term Rental)Approved 08/25/2020 „cows' —7\ CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 - __ b� CUP(Short Term Rental)Approved 08/25/2020 =9� �` CUP(Short Term Rental)Approved 02/04/2020 f; «N' . CUP(Short Term Rental)Approved 02/04/2020 1 L ' OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The proposed Short Term Rental unit is located in the Oceans II Condominiums, directly adjacent to the public beach , where Short Term Rental use is to be expected. Eleven Short Term Rental Conditional Use Permits have previously been approved on the property. The condominium building is at the northern terminus of the Oceanfront boardwalk. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round resort and will enable the Resort Area to become a more walkable community. Thus,the use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. There are two nearby off-site parking lots dedicated to Oceans II Condominiums, as shown on the parking plan provided in this report. The applicant has one assigned parking space (#7) in parking lot 1,thus, fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable.All other requirements of Section 241.2 and Section 2303 of the Longcreek, LLC Agenda Item 12 Page 3 Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 218, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Longcreek, LLC Agenda Item 12 Page 4 12. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Longcreek, LLC Agenda Item 12 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Staff received eee two letters of opposition to this application, noting concerns of a concentration of short term lodging units in the immediate area. • 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 26, 2022 and July 3, 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 27, 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 8, 2022. Longcreek, LLC Agenda Item 12 Page 6 Site Layout & Parking Plan s ,r_ f s'" 19 Y ,m jn1u'm •.. Oceans ' N. vi E c. ,. . IF f 1 1 t * ' • ace t ,. S K ` ea parking p r+ _ M.t Assign ,:f. m 'a r ` Longcreek, LLC Agenda Item 12 Page 7 Site Photos i PiaMr,.. 1 -.--, , . . • . _ ..._...41.... . . °' ''s._ - "_ a i _ft �` UM 1 . __ i , ,111 '.. 4,,,.I . . . : -:-.- _. _ati Alik, .... . 4.01 'y- 41'''' .. ' ' • s. m. Y Longcreek, LLC Agenda Item 12 Page 8 Site Photos i -.,-;,-"mrar,---: pe- - N‘% N ii iNawses 1/4‘ mi. , lik lik es 44'—‘` I Qvii'11"siN 1 ... .. %11Nrit. 114111‘114 /It t.i I.' ''—' i 1$1k ' Ci . Eit ' . N , ,i- , 11111/8 k, ,,.;„:„._„._.. , ,.............. . 1 111111114ir F- - r s ; ' , t ' 't ' -. ' \\ \\ - \ ., ''. — '' _ Longcreek, LLC Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement Planning, Community Development _ - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is'equ=red for all applications that pertain to City real estate matters or to the development and/or use of property in tiie City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Lonycreek, LLC Does the applicant have a representative? II Yes Li No • if yes,list the name of the repre'rrtat ve, :a•Ay Tabor -- — Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes E.No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Randall G Tabo';Jerry Lynn Tabor • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices o-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 11.09.2020 Longcreek, LLC Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement City of Virginia Booth _ Planning&Commu r.n 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?D Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑ No • If yes,identify the financial institutions. Zan DuRoy 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. 2I Longcreek, LLC Agenda Item 12 Page 11 Disclosure Statement Disclosure Statement Ni13 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the aopli(at or or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firrr and ind vidual providing the service. 8. is the applicant receiving legal services i^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 ri t^is Disclosure Statement Form is complete,true,are acc.;rate 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 Randall G.Tabor Mgr. Print Name and Title 3/18/2022 Date Is the applicant also the owner of the subject property? IN Yes ❑No • It yes,you do rot need to fill out tie 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 Cal No changes•s Date 6/21/2022 s►`"hn 7/1e t, rL � """ams Hank Morrison Revised 11.09.2020 3 , F g e Longcreek, LLC Agenda Item 12 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. Longcreek, LLC Agenda Item 12 Page 13 0_ Q U c 2 >_ „----------"---."7:" --rn \ • _..,.-\,\ 11.6-1---r\ w111111117 4. r, . .-ta - , ti t _ • e 0 OTirt.1\4 P.,'- I, cc -J ,anv ,,,, . .,, • ! I -$! _- v, ,, _ t • _J._ -- --- . ....,,-.- t... _ •. ..... ..., OIL.* -it ,---6.--- ____tk.:Ak-V ---, ii----1- 1' wila 1 tilliti ___,,, ,‘ roe. _ la ii - '1111)0A‘ .-'''' „--&-_, _ ./SO---- fli imior_ .4. III r M//L> ::: $ ~':,)?.,,,,,,,,c..„.,, ilwar -_, . 0 Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 12 Longcreek, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) Address: 4005 Atlantic Avenue, Unit 218 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. The next item, item #4 is Craig and Chris Kirby at 631 Vanderbilt Avenue. Representative, please come forward and state your name. Eddie Bourdon: Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Kirby. All four conditions of the Street Closure as recommended by staff are acceptable to the applicant and we appreciate being on the Consent Agenda. And if I could, Ms. Klein, we are going to miss you. Your representation of Centerville and the citizens as a whole, with the enthusiasm and good cheer, no matter whether you're for or against has been wonderful and, really, the city's blessed to have people like you willing to serve. So thank you and enjoy Vermont. George Alcaraz: Thank you, Mr. Bourdon. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Bradley to read this item for the record. David Bradley: The applicant is requesting to close a portion of the platted, unnamed, and unapproved, alley that is adjacent to the rear lot line as shown. The proposal includes closure of half of the 15 foot wide alley totaling 563 square feet and incorporating that land into the adjacent residential lot. The site is developed consistent with other residential lots in the neighborhood with a single family home and a fenced in backyard. Currently, the area's proposed to be closed. The area proposed to be closed is fenced in and has been used and maintained by the applicant. Staff recommended this for approval and since there's no opposition, we've put it on our Consent Agenda for approval. 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. 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 following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 218, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Hank Morrison From: Charlene Leahy <cwleahy@gmail.com> Sent: Tuesday, May 31, 2022 5:09 PM To: Hank Morrison Subject: Conditional Use Permit for 4005 Atlantic Av, Unit 218 Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Hank, I want to go on record as opposing the Short Term rental requested by Longcreek, LLC for Unit 218 at 4005 Atlantic Av. There are ample hotel rooms and other types of lodging available without adding short term rentals,or additional short term rentals. Without an owner or management on site, it is easy for the short term renter to disobey laws and local ordinances without recourse for those around them who have been disturbed or affected. Please turn down this request. Thank you, Charlene Leahy 1 Hank Morrison From: jimnora@aol.com Sent: Thursday,June 2, 2022 10:44 AM To: Hank Morrison Subject: OPPOSING LONGCREEK LLC, APPICANT& PROPERTY OWNER'S REQUEST FOR THEIR 5TH CUP (SHORT TERM RENTAL) Follow Up Flag: Follow up Flag Status: Flagged CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planing Department Members &City Council Members, We are sending you this letter to oppose the allowance of a C.U.P. or permission to operate a STR at 4005 Atlantic Ave., unit 218. Longcreek LLC, owners Randy Tabor and wife Jerry Lynn Tabor also have four other units at the same address that have been operating illegally since September 2021. those units are 110, 111, 210, 212. Randy Tabor is our Board of Directors President, as well as his wife is also on the Board of Director. We as owners wish they would have submitted to following the new Zoning requirements and inspections, instead of being non compliant with the city ordinance, and these unlawful operations of short term rentals is against our code of rules, regulations, and Declaration. There willful action to continue to operate illegally sets a standard for others which is unacceptable, and a HOA violation and a city ordinance violation. They willfully knew of the city violation since September 2021, and Randy Tabor, alludes to the STR required signage in our September meeting minutes, and also was present when we had our balcony inspected for our STR, he made the remark, "we're all illegal". And yet Mr. Tabor and his wife continued to rent their above four units, and still is according to VB records, as of May 31, 2022. We also sent a letter to management &each board member(you'll see the Tabor's name in the following sent section of the email, suggesting board and management, send a letter to the membership so that any STR that is not in compliance with the new STR ordinance as of September 2021, they would be renting illegally. As of this date nothing has been sent to notify the owners to our knowledge. Also when we were in the process of our application with the Zoning Inspector, the management and board drug their feet; giving us the okay to place our sign where the city of VB wanted it. So because Longcreek LLC, has deliberately ignored not following the current ordinance, we don't feel they should be granted a fifth CUP to operate a STR. We would appreciate, The City of Virginia Beach's to support us and the other owners who deserve better management and a non-violation building. Respectively, Disappointed Owners of Oceans II From:jimnora@aol.com, To:jeb@communityfirstmanagement.com,jimnora@aol.com,aeberly@1771.org,bpensyl@mac.com,jltabor69@gmail.com, joshcoastalchimney@gmail.com,kristinaheidel@aol.com,rtabor1282@gmail.com,cmsblack@aol.com,davistom23451@gmail.com, Subject: Placement of Short Term Rental Sign;per,VB STR ordinance 241.2(4) Date: Mon,Jan 24,2022 3:11 pm Jeb and Oil Board, In order to operate as a STR, and not be in violation of VB ordinance, owners are required now to have a STR, Zoning Permit, to operate. One of the requirements is to have a STR identification sign, to be in compliance with the city of Virginia Beach and not be operating illegally. We have a sign and VB has said one sign can blanket the other STRs. We understand from Randy, that the board has a problem with the two options, of where to place the sign, that VB has required. Has the board voted on the sign being placed where VB wants it. If so, what was the Board's, vote? Has the board made any contact with the city concerning other options of placement. If so please let us know what the outcome was. 1 As we all know, OII has a lot of STRs, and operating without compliance to 241.2 ordinance is operating illegally. It would be a nice gesture, from the board, to make sure all STR owners at OII are aware of the new requirements, in order to operate legally. Please let us know if the board does not plan, or does not need to use the sign we have. Also if the board is going to take a while to make their decision, please let us know so that we can move on and begin operating, again. Thank you, Jim&Angel Bonner, OII 209 2 OR OR street 2ndao. 10C3,\OR 2 IP e ci 3 —ocalf_Stte-- - Its - ,\ tc; , 11,0 DOR ci \‘ 0 O OR � t e_ ` st �1a� et IP . va p�R ' \O ____ _--271 p I /d. et O1R z1 St Stre \D \ 0 \ \ \ \ S CI 111 st Stre ORa....... 21 �► rstreet IS .� - a1 OR16 WV% OR N A Site w tE Thomas C. LoPresti `%''' Property Polygons S Zoning 425 21st Street Building iiicimipFeet 0 1530 60 90 120 150 180 „;,,,...-„, 4.. �7--)4""` ., 4 _.::,, .tom:.:.” CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THOMAS C. LOPRESTI [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 425 21st Street (GPIN 24270823130000). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: July 12, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a four-bedroom, 1,800 square-foot Short Term Rental at a single-family dwelling along 21st Street. Constructed in 1960, the structure sits on a 7,658 square-foot parcel. The parcel is zoned OR - Oceanfront Resort and is within the boundaries of the Oceanfront Resort Short Term Rental Overlay District. The lot is within a city block bounded by 21st '/2 Street to the north, Arctic Avenue to the east, 21st Street to the south, and Baltic Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi- family dwellings, commercial offices, commercial retail, and other resort-oriented uses. ■ Known Short Term Rental activity as of June 23, 2022: • Date Rental Listing First Advertised: June 21, 2018 • Conditional Use Permit Application Intake Date: April 1, 2022 • Applicant notified they cannot continue to advertise or operate as a short term rental while going through the Conditional Use Permit process. • Listing Activity Since Conditional Use Permit Application Received: • Airbnb Listing Removed April 5, 2022 • Airbnb Listing Reposted April 10, 2022 • Airbnb Listing Removed April 17, 2022 • Airbnb Listing Reposted April 20th, 2022 • Total April 2022 Documented Stays: 4 • Airbnb Listing Removed May 9, 2022 • Airbnb Listing Reposted May 12, 2022 • HomeAway Listing Removed May 27, 2022 • Airbnb Listing Removed May 27, 2022 • Total May 2022 Documented Stays: 6 • Airbnb Listing Reposted June 2, 2022 • Airbnb Listing Removed June 9, 2022 • Airbnb Listing Reposted June 12, 2022 Thomas C. LoPresti Page 2 of 5 • HomeAway Listing Reposted June 17, 2022 • Airbnb Listing Removed June 17, 2022 • Airbnb Listing Reposted June 21, 2022 • Airbnb Listing Removed June 23, 2022 • HomeAway Listing Removed June 23, 2022 • Total June 2022 Documented Stays: 2 • Property currently not listed ■ The property is currently registered with the Commissioner of the Revenue as a short term rental. Number of taxed stays during 2022: • January: 12 nights • February: 3 nights • March: 12 nights • April: 4 nights • May: 17 nights • Considerations: The subject property is near the eastern terminus of Interstate 264, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 21 st & 22nd Street Gateways serve as a major corridor through Central Beach, providing access to the Boardwalk and the beachfront via the ViBe Creative District, the Old Beach Neighborhood, and other significant resort destinations. The site's mature trees afford vital urban greenery. Along with the quaint mid-century architecture and the structure's human scale, the property largely conforms to the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally, the use would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations, the use of the single-family dwelling as a Short Term Rental is also consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and residents alike. There is a parking area along the alleyway at the rear of the property that has historically been used for parking for this site. The parking area exceeds the minimum area necessary to accommodate the four required parking spaces. The applicant is agreeable to laying permeable pavers in the parking area to provide an improved surface. Per Section 2303 of the Zoning Ordinance, parking spaces created to comply with this condition shall not add additional impervious area to the site. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Staff received five letters of support for this application from neighbors in the surrounding area. There is no known opposition to this request. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Thomas C. LoPresti Page 3 of 5 ■ 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 following conditions shall only apply to the dwelling unit addressed as 425 21st Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for Thomas C. LoPresti Page 4 of 5 review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Thomas C. LoPresti Page 5 of 5 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep ment/Agency: Planning Department 7 f City Manager: Applicant & Property Owner: Thomas C. LoPresti Agenda Item Planning Commission Public Hearing:June 8, 2022 City Council District: District 6,formerly Beach 13 City(); Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation = 1 ttApProyal -'- ,� � aosis ago* 101, . Staff Planner 0170 • Levi Anthony Luckenbach ..! • L Plir Va she Location �-;,,s• 425 21st Street A s.eet- .. f� OlVili - 24270823130000 011111 la Site Size � ilio 0. 7,658 square feet • Amin s 5s. �}3 \ i ...tiWk 1 t, ` Existing Land Use and Zoning District Single-Family Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 21st 1/2 Street (Alley) �.�- 3 � - � "' Single-Family Dwellings, Multi-Family Dwellings, - ._ .- Duplex Dwellings/OR Oceanfront Resort -- }_ , ! , �c51ee, South - 21st Street ` Single-Family Dwellings, Multi-Family Dwellings V 4 ° 1 I /OR Oceanfront Resort I:�* _: ...ot,_ ., , ,s . Y-.2 East ;- ;' \ - -_f. j Multi-Family Dwellings, Duplex Dwellings/OR = * ..,1, rt -'-" Oceanfront Resort �. _ `'* " + West �.., _ - „ _ - ,A Duplex Dwellings/OR Oceanfront Resort �` k _ vcr, — ; ---.- , '" -.4- ,..• . ,, ": 1.4._ 7;7• ...: .. ., illi Thomas C. LoPresti Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,658 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this four-bedroom single-family home was constructed in 1960. • Staff inspected the site on May 16, 2022 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • It was determined that the applicant previously advertised and rented this property on a short-term basis, as shown in the table below.The issuance of a Conditional Use Permit will rectify this issue of noncompliance. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not Grandfathered for such use. • The property has been registered with the Commissioner of the Revenue as a Short Term Rental since September 2019. • Known Short Term Rental activity as of June 23, 2022: • Date Rental Listing First Advertised:June 21, 2018 • Conditional Use Permit Application Intake Date: April 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: • Total April 2022 Commissioner of the Revenue Taxed Nights: 4 • Total April 2022 Host Compliance Documented Stays:4 • Airbnb Listing Removed April 5, 2022 • Airbnb Listing Reposted April 10, 2022 • Airbnb Listing Removed April 17, 2022 • Airbnb Listing Reposted April 20th, 2022 • Total May 2022 Commissioner of the Revenue Taxed Nights: 17 • Total May 2022 Host Compliance Documented Stays: 6 • Airbnb Listing Removed May 9, 2022 • Airbnb Listing Reposted May 12, 2022 • HomeAway Listing Removed May 27, 2022 Thomas C. LoPresti Agenda Item 13 Page 2 • Airbnb Listing Removed May 27, 2022 • Total June 2022 Commissioner of the Revenue Taxed Nights:TBD • Total June 2022 Host Compliance Documented Stays: 2 • Airbnb Listing Reposted June 2, 2022 • Airbnb Listing Removed June 9, 2022 • Airbnb Listing Reposted June 12, 2022 • HomeAway Listing Reposted June 17, 2022 • Airbnb Listing Removed June 17, 2022 • Airbnb Listing Reposted June 21, 2022 • Airbnb Listing Removed June 23, 2022 • HomeAway Listing Removed June 23, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No June 2022 Yes Short Term Rentals in the Vicinity t U tee reef 26th s• .n o. Zgcn syt� - 1 : 'i/ks y - q eat- - + • •• -t F ` o���,r�!�"" (fit{ Hs�{�tr ZQth Sttge et co street ; 111 24tb Stye e t, ..$ e ' 2 `d Ha11 Str t tiii ! l �-:r...7.7• d Street street .I' - 't {. ` n 23r p 22Nd T' t. *y: 9 M ,' Q Street '`a J 1 :-; OW a 4 Half , •-- , o n µr} t"st Stree , t 21 est • ,, c G , %-o W ' 21.4tb`tom teat `° d _ I._ ..y. ! 2001 G , � �' Short Term Rentals !it' O a • BTAWrmts �. feet 0 • h. i - `� ti' :_ CUP Status �'` - + t• •_ 1 .--as. '. 18. tte intit ;!' kkittb` • Thomas C. LoPresti Agenda Item 13 Page 3 Summary of Proposal The Applicant submitted a Conditional Use Permit request to operate a four-bedroom, 1,800 square-foot Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required):4 • Number of off-street parking spaces provided: 4 Zoning History "- # Request OR 4/� _ 1 CUP(Short Term Rental)Approved 08/25/2020 2,st CUP(Short Term Rental)Approved 08/18/2020 CUP(Short Term Rental)Approved 07/07/2020 ALT(Special Exception to Form-Based Code)Approved 04/18/2017 OR 2 2 CUP(Short Term Rental)Approved 07/14/2020 1 CUP(Short Term Rental)Approved 07/14/2020 CUP(Short Term Rental)Approved 07/14/2020 CUP(Short Term Rental)Approved 07/14/2020 .• ALT(Special Exception to Form-Based Code)Approved ort 04/18/2017 rsts,..t 3 SVR(Variance of Subdivision Regulations)Approved 09/06/2016 3TOR 4 ALT(Special Exception to Form-Based Code)Approved 03/11/2014 5 NON(Non-Conforming Use)Approved 11/28/2000 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a four-bedroom, 1,800 square-foot Short Term Rental in a residential dwelling along 2152 Street. The parcel is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, where Short Term Rental use is to be expected. 425 21st Street is a single-family home constructed in 1960. The lot is within a city block bounded by 21"Y2 Street to the north, Arctic Avenue to the east, 21st Street to the south, and Baltic Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort-oriented uses. The subject property is near the eastern terminus of Interstate 264, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 21st& 22nd Street Gateways serve as a major corridor through Central Beach, providing access to the Boardwalk and the beachfront via the ViBe Creative Thomas C. LoPresti Agenda Item 13 Page 4 District,the Old Beach Neighborhood, and other significant resort destinations. The site's mature trees afford vital urban greenery. Along with the quaint mid-century architecture and the structure's human scale,the use of the property as a Short Term Rental is consistent with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally, the use would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations,the use of the single-family dwelling as a Short Term Rental is also consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and residents alike. There is a parking area along the alleyway at the rear of the property that has historically been used for parking for this site.The parking area exceeds the minimum area necessary to accommodate the four required parking spaces.The applicant is agreeable to laying permeable pavers in the parking area to provide an improved surface. Per Section 2303 of the Zoning Ordinance, parking spaces created to comply with this condition shall not add additional impervious area to the site. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 425 21st Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Thomas C. LoPresti Agenda Item 13 Page 5 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform Thomas C. LoPresti Agenda Item 13 Page 6 such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 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 • Staff received five letters of support for this application from neighbors in the surrounding community.There is no known opposition. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 3, 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 27, 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 8, 2022. Thomas C. LoPresti Agenda Item 13 Page 7 Site Layout & Parking Plan 20' ALLEY PIN(S) 60.00' PIN(F) 0 0 0.8'— f— 2 - t T 6'WOOD FENCE • 0.1' VINYL SHED fiJ ' (OTHERS) ab. 0.6' N FRAME 0 • 0 SHED W• 9.7' U. Z UJ uJ Z� 0 tIJ u.4 19.3' [.: _�.: �.�..= 8 ' _i�:..i_L.t 1 iD 29 1 � 'L PAVER : • `23� ir O LLPATIO..-uj c `v L.L. LI..L.Li • ,t_' LLL+A/C ('� T I L. =-L L L i J , " . — —0.4' 0.7'ENC."L--t,- 29.0' ri `" O 8 1 STORY BRICK �•, 6.1' o o co — o co RESIDENCE cv co #425 48.4' . 4-Bedroom Dwelling 5.5' . 4 Spaces in Rear LEI 1 Parking Area along Y b Alleyway e 3 • C4 I d0 70.00' o �...r 0 -V PIN(F) .. PIN(F) 60.00' 21ST STREET (80' R/W) (FORMERLY DELAWARE AVENUE) Thomas C. LoPresti Agenda Item 13 Page 8 Site Photos ir , ;0- y a ter. •�t ,s ► _.tom t , • . 4'�.♦.. ` _ _ '= • 1. ''-'0,.,I . 11.4. ini iii:„ ,.. ... .*..,. v , A # . • , , _ ,..,4 d? .. ., r" dis site•�' w a yy + y -y • ?. •pi.'.Lt..t.f7l��e ,, zr•� aypi:,,' •,`. 1. >.,,f,.�.`�` r 1 ._. . s 3*• R „. •I t i. emu r C4`. <c?S .. - Y 4 -- t - t tm--'-- I . '1 7_ n--I .14 3I a v-vetto4i;-- 11111n - _ ay / i d- J { "'. '..• .lam - s. . ,3_ T. { Thomas C. LoPresti Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement Vi3 Planning&Community Deveiopment 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 Thomas C.LoPresti Does the applicant have a representative? Li Yes U No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes U 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 Wage • Thomas C. LoPresti Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement \/113 iJy NemA 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?E 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 GNo • If yes,identify the financial institutions providing the service. Pennymac Mortgage Services 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. Zukerman and Associates;Lauren Kane 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. Revised 11.09.2020 2 I Thomas C. LoPresti Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement \/13 •r a r t'tyrw Ames Planning&Community 1)eveiopnuit 6. Does the applicant have a construction contractor in connectior wi'h the subject of the application or any bus:rest operating or to be operated on the property?0 Yes El No • If yes,identify the company and Individual providing the service. 7. Does the applicant have 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 IN 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 U No • if yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contaired 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,Vt5OA,ibPA,Wetlands board or any public body or committee in connection with this application. Applicant Signature f Thomas C.LoPresti Print Name and Title Thomas C.toPrestl Date Is the applicant also the owner of the subject property? U Yes 0 No • If yes,you do not need to fill cut the owner disclosure statement. FOR CITY IMF t1Nl Y/All disclosures must be updated two(7)weeks prior to any Plannini Commission and City Council meeting that pertains to the applications KJ No changes as of ate 6/30/2022 S'`"'""I mow Print Name '!vi A'thon Luckenbach cdti '.,lu10 31Page L Thomas C. LoPresti Agenda Item 13 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. Thomas C. LoPresti Agenda Item 13 Page 13 STR VICINITY MAP THOMAS C. LOPRESTI t _... _._.. ,,..:c. woilit 60 Stree P0,*.;..-;.s: i‘',.,,,N ,It Sthnt°Street - 2 `did 2 1 It A nN' 13f " treet reef 1 • M © * th Nal S 24th St fix.., nm 13 . 24 .,.„,... , - 1071r, '---- -•' ' .' 0% \ ,,,,.....-1,•i• gt, 1 a ' ---- \, �• r r• , street, co `� -rd Stree � 2�t eet c d Nalf S �G-- Z. '„ ii 7- , :� t et S O •, ;� Street Str e L • ' ,� ` 23rd O d Nall �.1„ - !},, '�. , 22 • 0(0 d street ` 4 V * '. (1▪.-▪ t - T93" -'y,..,'000 _ i.- fl L .Nall O �, - ``'L- \ ' .4 . t \A), -' Street -C c� �'-- 1 215t R I"` ` Co � Il-Street . S, A. , - IMP o � r ._,_ ,, � 2gth rest '' i kr to.e.\ t t _,, ,j, 2� h S c• off; „„_:._.,„,,,:„___„ Short Term Rentals a ' 0 �` 1 .... . , in 7 40,*\ tl — 03 ''-' \--\ STR F'err„rs et 4 'O 7,,, - O lgth StCe � 11111 CUP Status g �..-\ , , �;, Approved (, n 1 • Denied -r ,, • lgth styes QC) nest " • 11th Na i _. _ --,1 ►,j , A \ SOB CO Under Review co Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 13 Thomas LoPresti [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) Address: 425 21st Street 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. The next item, item #4 is Craig and Chris Kirby at 631 Vanderbilt Avenue. Representative, please come forward and state your name. Eddie Bourdon: Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Kirby. All four conditions of the Street Closure as recommended by staff are acceptable to the applicant and we appreciate being on the Consent Agenda. And if I could, Ms. Klein, we are going to miss you. Your representation of Centerville and the citizens as a whole, with the enthusiasm and good cheer, no matter whether you're for or against has been wonderful and, really, the city's blessed to have people like you willing to serve. So thank you and enjoy Vermont. George Alcaraz: Thank you, Mr. Bourdon. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Bradley to read this item for the record. David Bradley: The applicant is requesting to close a portion of the platted, unnamed, and unapproved, alley that is adjacent to the rear lot line as shown. The proposal includes closure of half of the 15 foot wide alley totaling 563 square feet and incorporating that land into the adjacent residential lot. The site is developed consistent with other residential lots in the neighborhood with a single family home and a fenced in backyard. Currently, the area's proposed to be closed. The area proposed to be closed is fenced in and has been used and maintained by the applicant. Staff recommended this for approval and since there's no opposition, we've put it on our Consent Agenda for approval. 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. 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 following conditions shall only apply to the dwelling unit addressed as 425 21st Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Levi A. Luckenbach From: Todd Liebig <toddliebig2@gmail.com> Sent: Thursday, May 26, 2022 9:58 AM To: Levi A. Luckenbach Subject: Support of CUP CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir, I am in full support of Mr.Thomas LoPresti's application for a conditional use permit for the property at 425 21st, Virginia Beach,VA 23451. Thank you, Todd Liebig Resident of Virginia Beach 1 Levi A. Luckenbach From: Bob Miller <zebra1149@yahoo.com> Sent: Saturday, May 28, 2022 10:05 AM To: Levi A. Luckenbach Subject: Conditional use permit CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir, I support Mr.Tom LoPresti's application for a Conditional Use Permit for the property at 425 21st Street VB,Va. 23451. Sincerely RW Miller Jr. 605 23rd Street VB,VA. 23451.Thanks. Sent from Yahoo Mail for iPhone 1 Levi A. Luckenbach From: Scott Oates <axex.scott@gmail.com> Sent: Friday, May 27, 2022 10:24 AM To: Levi A. Luckenbach Subject: CUP Thomas Lopresti CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Luckenbach, I am writing you today in support of Thomas Lopresti receiving approval for his CUP to allow him to have a short term rental. I currently live on 23rd St and believe that the added revenue generated through the lodging taxes collected by STR's is a great income source for the City. We are a resort town and should be maximizing our income producing potential. I have been in the housing business for a long time and it's been my experience that STR owners are much more conscientious landlords than long term lessors. Because of the turnover, owners/landlords are forced to maintain their properties on a weekly basis vs long term rentals which may not get attention by owners for years. Please contact me if you have any questions or concerns, but I strongly support this approval. V/R Scott Oates 757-639-4134 1 Levi A. Luckenbach From: Barbara Miller <375washingtonave@gmail.com> Sent: Thursday, May 26, 2022 2:29 PM To: Levi A. Luckenbach Subject: Mr.Thomas LoPresti Conditional Use Permit Request Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir, I support Mr.Thomas LoPresti's application for a conditional use permit for the property at 425 21st Street,Virginia Beach,Virginia 23451. Sincerely, Barbara J. Miller 605 23rd Street Virginia Beach,VA. 23451 757-642-4470 1 Levi A. Luckenbach From: John Birsch <jaybirsch@icloud.com> Sent: Thursday, May 26, 2022 1:43 PM To: Levi A. Luckenbach Subject: Support of 425 21st St CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir, I support Mr. LoPresti's application for a conditional use permit for the property at 425 21st,Virginia Beach,VA 23451 Thank You Jay Birsch 757.620.0037 1 Levi A. Luckenbach From: Levi A. Luckenbach Sent: Thursday,June 23, 2022 2:14 PM To: Levi A. Luckenbach Subject: 425 21st Street From:Thomas LoPresti<Thomas.LoPresti@standard-auto.com> Sent:Tuesday,June 21,2022 1:09 PM To: Hannah M. Sabo<HSabo@vbgov.com> Subject:425 21st Street CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Hannah, 425 215t street has been unlisted. Please verify and let me know if you need anything else. I also plan on attending the meeting on 12 July—should I sign up to speak or is it on the consent agenda, etc? Thomas LoPresti Process Engineering Manager •N STANDARD AUTOMATION 2000 Taylor Rd. Auburn Hills, Michigan 48326 C: (757)621-1845 E:thomas.lopresti@standard-auto.com 1 OR 4,4„ OR; --ci, \-1 , ar .... - treat 'ChNa _______-_--:-.•_-__ _O__--_-T----i--l----___-------___--_-_-_------_-_--_-_-_ ___i,,\_i_-,i--____ ,,,, —____-_‘i,, -0\- --i-- -0----------"-- - ----c, 20 ,, 1 OR Il / , i _ _ -____ -__is _ ______- \ __- See 10111 _____------ , C3 \ ___---------- ------------"__ _ --- - Iii .... _..... \ '\' alia 1111 N►. rA Site W�-_E PropertyCraig & April Dean `� Polygons Y9 s Zoning 515 20th Street Building iiiii=iFeet 0 1020 40 60 80 100 120 SCr IA \r �l -", �; .� i.' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAIG & APRIL DEAN [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 515 20th Street (GPIN 24179798080000). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: July 12, 2022 ■ Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 1,647 square-foot Short Term Rental within the rear dwelling unit of a duplex structure along 20th 1/2 Street. Constructed in 1972, the structure sits on a 7,800 square-foot parcel. The parcel is zoned OR - Oceanfront Resort and is within the boundaries of the Oceanfront Resort Short Term Rental Overlay District. The parcel is within a city block bounded by 20th 1/2 Street to the north, Baltic Avenue to the east, 20th Street to the south, and Mediterranean Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort-oriented uses. ■ Known Short Term Rental activity as of June 23, 2022: • Date Rental Listing First Advertised: June 30, 2018 • Conditional Use Permit Application Intake Date: April 1, 2022 • Applicant notified they cannot continue to advertise or operate as a short term rental while going through the Conditional Use Permit process • Listing Activity Since Conditional Use Permit Application Received: • Airbnb Listing Removed June 12, 2022 ■ The property is not currently registered with the Commissioner of the Revenue and has not filed taxes as a short term rental • Considerations: The subject property is near the eastern terminus of Interstate 264, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 21 st & 22nd Street Gateways serve as a major corridor through Central Beach, providing access to the Boardwalk and the beachfront via the ViBe Creative District, the Old Beach Neighborhood, and other significant resort destinations. With the structure's human scale and humble bungalow-style architecture, the property largely conforms to the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally, Craig & April Dean Page 2 of 5 the use would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations, the use of the dwelling unit as a Short Term Rental is also consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and residents alike. There is a rear parking area along the alleyway which provides area beyond the minimum standard to accommodate the two required parking spaces. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. There is no known opposition to this request. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. • 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 following conditions shall only apply to the dwelling unit addressed as 515 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is Craig & April Dean Page 3 of 5 located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. Craig & April Dean Page 4 of 5 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Craig & April Dean Page 5 of 5 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6 '0 City Manager: Applicants & Property Owners:Craig & April Dean Agenda Item Planning Commission Public Hearing:June 8, 2022 City Council District: District 6, formerly Beach 14 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation --.40,ive 45,.. , _..,_,....7„____:.... _.5:::::\ Approval 261 1 ' t �5t ` ec 240 felt Sleet 'A"' Oet Staff Planner m Levi AnthonyLuckenbach / m • '`` ` D 230 5 1 8 Street 'dSt'oet 1$0 Location AStrcet .- -��- $ ` 515 20th Street t--2,e .tops, �s G P I N ""----- q 24179798080000 '9`h5 ,athst `_ree' '' a� i • ctth,.a teach ea' \..,_ Site Size Q 160snQel y,nthweet 7,800 square feet jJ /4h' *ICA 1 Gs t oth st'ee` - ' _„"e ..vet Existing Land Use and Zoning District Duplex Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North �s, ,,' ,,;-'— - „410- 20th 1/2 Street (Alley) �; .. c. Single-Family Dwellings, Multi-Family Dwellings, --y 1 T a t� . - �s Duplex Dwellings/OR Oceanfront Resort el p n South i D t 20th Streetic\ _ Single-Family Dwellings, Multi-Family Dwellings, . k - ` Duplex Dwellings/OR Oceanfront Resort ,, East _— Duplex Dwellings/OR Oceanfront Resort .1 West Duplex Dwellings/OR Oceanfront Resortki ` k. ..T I Craig&April Dean Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,800 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this duplex structure was constructed in 1972. • Staff inspected the site on May 16, 2022 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • It was determined that the applicant previously advertised and rented this property on a short-term basis, as shown in the table below.The issuance of a Conditional Use Permit will rectify this issue of noncompliance. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not Grandfathered for such use. • The property has been registered with the Commissioner of the Revenue as a Short Term Rental since June 2022. • Known Short Term Rental activity as of June 23, 2022: • Date Rental Listing First Advertised:June 30, 2018 • Conditional Use Permit Application Intake Date: April 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: • Total 2022 Commissioner of the Revenue Taxed Nights:TBD • Total 2022 Host Compliance Documented Stays:0 • Airbnb Listing Removed June 12, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No October 2021 Yes Craig&April Dean Agenda Item 14 Page 2 Short Term Rentals in the Vicinity 'V--Sruis•i. 1.... ....WPAI,..-!,':1---, , •, , '. ,c ...„,,to st• _ .` 24th Stre k�a1t street ? . .�,% r•• street .?: i``` ' v n23,dSSteet : littli;. dNa stteet < A ,t k,tea co 3 "*' c i .1 ; .2.--y ( p - s' y� w d $. 215t Street , ;! A T co th aft.Steer Oth scree . .a,;1 �' 4 -u, -,:-.- i, AirA0.-:00 .; 12.. I , c :.,400 r L 19th SUeet < I. _-- -- I:- 0 Short Term Rentals \ -Ill 1 l i+ } 7 o STR'emr� 41\t. lSIJ Q co �'S it CUP Status 't-_ • 1ath Stte.--', g 't•£ i . - td _ t s1 �* 3 ch • Dens e� BO t g 1 ,i a ' -Vit9i��a. � ? �'-Asthstteet Summary of Proposal The Applicant submitted a Conditional Use Permit request to operate a two-bedroom, 1,647 square-foot Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 Craig&April Dean Agenda Item 14 Page 3 Zoning History # Request 5 4°R 1 BZA(Variance to Dimensional Requirements)Approved 1 03/02/2022 300 +{'" ALT(Special Exception to Form-Based Code)Approved 2 06/07/2016 2 CUP(Short Term Rental)Approved 10/20/2020 • CUP(Short Term Rental)Approved 10/20/2020 OR •? 3 MDC(Modification of Conditions) Denied 07/06/2021 3 CUP(Short Term Rental) Denied 07/06/2021 ALT(Special Exception to Form-Based Code)Approved • 06 19 2018 4 ALT(Special Exception to Form-Based Code)Approved 20S"set 06/07/2016 OR 5 ALT(Special Exception to Form-Based Code)Approved 09/16/2014 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 1,647 square-foot Short Term Rental within a duplex structure. The dwelling is located along 20th Street in the Oceanfront Resort (OR) Short Term Rental Overlay District,where Short Term Rental use is to be expected. Constructed in 1972, 515 20th Street occupies the rear portion of the structure,while 513 20th Street is the adjacent unit at the front. The parcel is within a city block bounded by 20th%2 Street to the north, Baltic Avenue to the east, 20th Street to the south, and Mediterranean Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort-oriented uses. The subject property is near the eastern terminus of Interstate 264,which serves as a main gateway to the Oceanfront Resort Area.As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 215t& 22"d Street Gateways serve as a major corridor through Central Beach, providing access to the Boardwalk and the beachfront via the ViBe Creative District, the Old Beach Neighborhood, and other significant resort destinations.The site's mature trees afford vital urban greenery.Along with the quaint mid-century architecture and the structure's human scale,the use of the property as a Short Term Rental is consistent with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally,the use would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations,the use of the dwelling unit as a Short Term Rental is also consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and residents alike. There is a rear parking area along the alleyway which provides area beyond the minimum standard to accommodate the two required parking spaces. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions Craig&April Dean Agenda Item 14 Page 4 1. The following conditions shall only apply to the dwelling unit addressed as 515 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the Craig&April Dean Agenda Item 14 Page 5 property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Craig&April Dean Agenda Item 14 Page 6 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 State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 3, 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 27, 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 8, 2022. Staff received no letters of support or opposition for this request. Craig&April Dean Agenda Item 14 Page 7 Site Layout & Parking Plan �2 Street 20th 1 • 511 509 519 R 513 • •t • 2-Bedroom Unit • 2 Spaces in Rear Parking Area along Alleyway • rr 0th Street 2 Craig&April Dean Agenda Item 14 Page 8 Site Photos , _ •. - . - , - - - - ' - . -1 - ••, ---;•N ,1410P , f..- •,,,,,, ,,, ...' ? :,..-4-1 - _ ._ ,-: ...„ - -, ,.-__ ''. • - .., , i I i #- 1- , ;- , , - -- ----,... -. fr---v--- • [ - ' . - - -- -.....1- -1°- . - \ - tffl. +11riil 11 „, ,_ _,,.`, \.,,_ k. ,. 4itr_•• , --,-,,,...„.... , ,..„ :1,, II ,7„.--,-,,--.-. '''' ' Of vi 711:Mr- - .7*--40,-- Ig- - -1?'1111111!!!1111, Ai* - _ •,.--.- - — . . ,,.... .., . ....-Is. .. ... -,.t.,..; . '''' ''.... ... 1/4 ......4, , _,, •%1..,..':- N'llipe.: , 4111, ' '.' '''''' - Itirs,ZINC.- --'1 ..-." . '- Ail Vlillt :.151 . „ - --cit _, . 4.4,- - ---- - -- ‘• - , -r ....,-w- , - sit .. . _.:. . ._.. . . ,., . - - ______------- , . 4... W.' *'.*,•,' V; - ., 6....., , " '-'2--." ' t i:' ,. , .4...................... ,............ _1 ' 7 ' i'-.;:-V .I•, i-.014 , i - , --- 44,, . , ..', •II 111 iii ii, a 7 -- -:',Vr' ;",;`' ,..._-, _, .' Alf ie..' I -.. t.. !• ,11....f t .. ."'",ka .11. _.. •, .., _f. _ 1 .„ ____......... _____ __ _ _ . . , , . .c. „.....„ .,, - -,....„ .. , .--, _.....„ .,,......,__ — ...- - . - - - Craig&April Dean Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement u,a t;ra..au6 Plannti g&Camxntlnity • Develops ent 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 t� ,,�� Does the applicant have a representatif�e? ❑Yes LDS r10 • If yes,list the name of the representative. 7 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes aflo • 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,(il)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 entitles. 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 cr 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. Revised 11.09.2020 I ) F a g Craig &April Dean Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement Vi3 Planning g&Community Development Known interest by Public Official or Employee Does an official or employee of the City of Virginia Bea have an interest in the subject land or any proposed development contingenton the subject public action?❑Yes No k • If yes,what is the name of the official or employee and what is the nature of the interest? Aj i(icant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing I onnection with the subject of the application or any business operating or to be operated on the property' CI Yes No • If yes,identify the financial nstitutions providing the service. 2. Does the apple 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 retum;,provided in connection with the subject of the application or any business operating or to be operated on the property?as YIN ❑No • If identify the firm and dlvidua1 providing the service. 7 4. Does the applicant have services'r om an architect/landscape architect/land planner providedvi�ed�In connection with the subject of the application or any business operating or to be operated on the property?0 Yes L.Jie • If yes,identify the firm and individua'providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I(d'Tlo • If yes,identify the purchaser and purchaser's service providers Revised 11.09.2020 2 I F 1 i Craig &April Dean Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement \/13 r....V:;xra.tr.• Planning&ComnulTlitY I evebpmenrt 6. Does the applicant have a construction contractor connection with the subject of the application or any business operating or to be operated on the property?0 Yes o • if yes,Identify the company and Individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection wttn the subject of the application or any business operating or to be operated on the property?❑Yes • If yes,identify the f.rm and individual providing the service 8 Is the applicant receiving legal services in con ectlon 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. 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 y or consofttee in connection with this application. _C*;" 4412 le_ Met IIe girl le is the applicant also the owner of the subject property? Yes ❑No • if yes,you no not need to flip 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"°' o.�. 6/30/2022 sire Air i Anthony Luckenbach Revised 11 09 202G 3 I i. F Craig &April Dean Agenda Item 14 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. Craig&April Dean Agenda Item 14 Page 13 STR VICINITY MAP CRAIG & APRIL DEAN vwL,_„_....4______ --. � • 3 ray tV sty eet 24th Styeet _ _ e 't � r�"� \11%.,.;C\114, ,23rd � et-Oat fC$ �� • 0 ,, '.1k) siiiiii— ' .. cO 23cd • CI t �a , '. +r. 11,,t1.,tlt;,tcal.r( tsee 7i(,)�': ricDn NOd �1a S tr ee 11--,11Slr''''::.,, %. , co St tCeet co ,,,„0 ,,,,. ,, ,, . f4r\\ 111111 1411 ' co = Street "9, 1:.. _�,... ;, 1st , -.1 64o 3- , .--- 2 t 2 c�D r a1s SWee - `Meet O ,- _).. ', . �co 264 �+ I. W -. . n 41 .. 1i " Qt. �- -- tk V ,r.CD CD iiv."--""\ 1111 '\. ill011V , . - ' IP-I-74404'3.)4Z'.-- C.. PP -IP 11 '.- \ r ,..,„, ,,. . ,. .-.#,,,,, ,Ii,.,4, ,, c. , \, , ' , 0' . ' , stteq.t. .-- - t ot .it 0 --, , 0- or...1, ,,,,,-A---.,,,,.,,,,,,,, a),T) ; 19th ' 6 . Ve• /7 t" ' 1 r IP 41.4',,,,,':,j,'4,_.....:::t:--''":_..___....c- 0 Short Term Rentals - 11 ` °,h�,oi O STR Permit. Street �XgC) O } CUP Status lath � S _ ` '+"i k Approved 'w"`- Outev��d .c'D\0fA 1,7, Denied a! r.., each •• , • . v,Cg‘l'a B _- Street Under Review t 0 • -161h Virginia Beach Planning Commission June 8, 2022, Public Meeting Agenda Item # 14 Craig & April Dean [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) Address: 515 20th Street 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. The next item, item #4 is Craig and Chris Kirby at 631 Vanderbilt Avenue. Representative, please come forward and state your name. Eddie Bourdon: Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Kirby. All four conditions of the Street Closure as recommended by staff are acceptable to the applicant and we appreciate being on the Consent Agenda. And if I could, Ms. Klein, we are going to miss you. Your representation of Centerville and the citizens as a whole, with the enthusiasm and good cheer, no matter whether you're for or against has been wonderful and, really, the city's blessed to have people like you willing to serve. So thank you and enjoy Vermont. George Alcaraz: Thank you, Mr. Bourdon. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Bradley to read this item for the record. David Bradley: The applicant is requesting to close a portion of the platted, unnamed, and unapproved, alley that is adjacent to the rear lot line as shown. The proposal includes closure of half of the 15 foot wide alley totaling 563 square feet and incorporating that land into the adjacent residential lot. The site is developed consistent with other residential lots in the neighborhood with a single family home and a fenced in backyard. Currently, the area's proposed to be closed. The area proposed to be closed is fenced in and has been used and maintained by the applicant. Staff recommended this for approval and since there's no opposition, we've put it on our Consent Agenda for approval. 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. 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 following conditions shall only apply to the dwelling unit addressed as 515 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The , �M�, is;�p1U ,♦ (53‘......,..., (t 2 1 r r J.1 LYVtiv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE TO ADD TERMS RELATED TO ENERGY STORAGE FACILITIES. AN ORDINANCE TO ADD SECTION 225.02 TO THE CITY ZONING ORDINANCE TO ADD REQUIREMENTS TO ENERGY STORAGE FACILITIES. AN ORDINANCE TO AMEND SECTIONS 1001 OF THE CITY ZONING ORDINANCE TO INCLUDE ENERGY STORAGE FACILITY AS A USE PERMITTED WITH A CONDITIONAL USE PERMIT IN THE I-1 AND 1-2 DISTRICTS. (SPONSORED BY VICE-MAYOR WILSON) MEETING DATE: July 12, 2022 • Background: This proposed amendment was deferred by the City Council on April 5, 2022, in order to provide additional time for study. Economic Development has received unsolicited requests to place energy storage facilities within the city. Energy Storage Facilities are currently not permitted as the use is not defined within the Zoning Ordinance. With the various renewable energy projects within the city, energy storage facilities are necessary to achieve maximum performance of these facilities. This amendment is sponsored by Vice Mayor Wilson. The purpose of this ordinance to add energy storage facility as a Conditional Use in the I-1 District (Light Industrial) and in the 1-2 District (Heavy Industrial). Energy Storage Facility will be added to Section 111 of the Zoning Ordinance defined as "Energy storage equipment or technology that can absorb energy, store such energy for a period of time, and redeliver energy after it has been stored. This term includes battery storage facilities." • Considerations: This ordinance will add energy storage facilities as a use in the Zoning Ordinance and include applicable regulations and restrictions. The ordinance considers the risk of fire associated with a battery storage use by proposing a 100-foot setback from all property lines to protect surrounding properties from the risk of fire. The use is proposed with a Conditional Use Permit (CUP) in both districts, allowing City Council to require the most current and most appropriate, site-specific fire prevention plans as part of the CUP in addition to the ordinance required 100 foot setback. Examples of current fire prevention City of Virginia Beach — Energy Storage Facilities Page 2 of 3 measures recommended by Dominion Energy (one group proposing this use) include: • 25 foot spacing or appropriate firewalls between groups of containers (less than 6MWh per group) • Battery management system (BMS) to monitor voltage, temperature, humidity, off-gassing, fire, ground fault, and DC surge • BMS will be able to safely shut down system prior to occurrence of thermal runaway events • Adequate facility signage on Hazardous Materials present in the vicinity • Fire detection system and system appropriate sensors and alarms • System-specific emergency response plan and adequate access/egress for first responders • Training for first responders on the potential hazards and risks The Fire Marshall's Office's concerns with this type of use include: • Access to the site o Mitigated through the site plan process • Smoke during a fire event o Mitigated through the requirement of a monitoring system to quickly alert the Fire Department in the case of a fire • Rekindling after a fire event o Mitigated through the required emergency action plan As these proposed plans can vary, they will need to be submitted with any conditional use permit for review by staff (including the Fire Marshall's Office) to assure all safety measures will be met. Further discussions were held with the Fire Marshall's Office and language was added that clarified existing requirements from other codes and ordinances with no substantive changes to the requirements. Further details pertaining to the ordinance, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Dominion Energy Presentation City of Virginia Beach —Energy Storage Facilities Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department , City Manager: 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE TO ADD 3 TERMS RELATED TO ENERGY/BATTERY 4 STORAGE FACILITIES, TO ADD SECTION 5 225.02 FOR REQUIREMENTS FOR 6 ENERGY/BATTERY STORAGE FACILITIES 7 AND TO AMEND SECTION 1001 TO 8 INCLUDE ENERGY/BATTERY STORAGE 9 FACILITIES IN THE I-1 AND 1-2 ZONING 10 DISTRICTS 11 12 Sections Amended: §§ 111 and 1001 of the 13 City Zoning Ordinance 14 Section Added: § 225.02 of the City Zoning 15 Ordinance 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That Sections 111 and 1001 of the City Zoning Ordinance are hereby amended 24 and Section 225.02 is hereby added and reordained to read as follows: 25 26 Sec. 111. Definitions. 27 28 For the purpose of this ordinance, words used in the present tense shall include 29 the future; words used in the singular number include the plural and the plural the 30 singular; the use of any gender shall be applicable to all genders; the word "shall" is 31 mandatory; the word "may" is permissive; the word "land" includes only the area 32 described as being above mean sea level; and the word "person" includes an individual, 33 a partnership, association, or corporation. 34 35 . . . . 36 37 Day-care center. Any facility, other than a family day-care home, operated for the 38 purpose of providing care, protection and guidance during a part of the twenty-four-hour 39 day to a group of: (1) children separated from their parents or guardians; (2) adults 40 sixty-two (62) years of age or older; or (3) persons under a disability during a part of the 41 twenty-four-hour day. 42 43 Decommissioning. The removal and proper disposal of equipment, facilities, or 44 devices on real property. including restoration of the real property upon which 45 equipment, facilities, or devices are located. Restoration of the real property shall 1 46 include soil stabilization, and revegetation of the ground cover of the real property 47 disturbed by the installation of such equipment, facilities, or devices. 48 49 . . . . 50 51 Eleemosynary or philanthropic institution. A charitable or benevolent operation 52 qualifying for tax exemption under section 501 of the Internal Revenue Code of 1954, as 53 amended. 54 55 Energy storage facility. Energy storage equipment or technology that can absorb 56 energy, store such energy for a period of time, and redeliver energy after it has been 57 stored. This term includes battery storage facilities 58 59 . . . . 60 61 Sec. 225.02. Battery storage facilities/energy storage facilities. 62 63 (a) Application. Each application for a conditional use permit for a battery storage 64 facility shall include the following general information: 65 66 Decommissioning Plan. As part of the project application, the applicant 67 shall submit a decommissioning plan, which shall include the following: 68 69 a. The anticipated life of the project: 70 71 b. Contact information for the party responsible for site 72 decommissioning; 73 74 c. Timeline for, and written description of, decommissioning 75 procedures which shall include, but not limited to, removal of any 76 above and below ground tanks, cables, fencing, debris, buildings, 77 structures or equipment, to include foundations and pads, related to 78 the facility and restoration land and related disturbed areas to a 79 natural condition or other approved state. At time of approval, the 80 City Council may approve and condition a request by an applicant 81 to have certain items intended to be utilized to serve a permitted 82 use on the site to remain, provided site plan approval is obtained; 83 84 d. "Natural condition" shall be taken to mean the stabilization of soil to 85 a depth of three (3) feet and restoration of site vegetation and 86 topography to its pre-existing condition, provided that the exact 87 method and final site restoration plan shall be subject to site plan 88 review giving, among other things, consideration to impacts upon 89 future site use. environmental and adjacent property impacts. The 90 Director of Planning or their designee may approve a request by 91 the landowner for alternatives to site restoration to allow roads, 2 C aaylo pue luawd!nba ayl Jo asods!p pue e!pueq Heys kayl 'Al!Hael abeaois 98 L. AJafeq e suoissiwwooap Aped a!q!suodsaa Jail° ao Jaunno ail uagM 9C t. Vet. •sepo0 uoguanaad aald ap!nnalelS e!u!ba!A ail 88 L pue sepo3 bu!p!!n8 e!u!6a!A ail Jo suo!s!noad elgea!ldde lie yl!nn Aldwoo Ze L. (legs (SS3) walsAs abeaols leouloa!a Aue Jo aoueualu!ew pue uo!leielsu! (I) LC L. 08I. •s;uacuaunbel/eroedS M 6Z I, 8Z1. -males o!lgnd bu!ansua to spoylaw aaylo Jo bupuej 1 LZ 1. 9Z1. pue :yaea8 e!u!6a!A 9Z I. io An ail to la!go aall an Aq paa!nbai se ueid uogoe AouebJewe uy •a tZ I. EZ1. 'yaea8 e!u!ba!n to An ail ZZ I, to la!ya aa!l ail Aq paa!nbei se AIddns aaleM pue ssaoae aleudoaddy -p 1Z L 0Z1• :(sNaeglas 61.1• algeo!ldde Aue u!yl!nn asoyl 6u!pniou!) saanloruls pue `sbu!p!!nq 81.1. =luawd!nba Aiel!!oue 16u!lgeo !eouloala 'suo!lelsgns Aue to uo!leool 75 L 1.1. 91.1• bulled 91.1. pue 'suo!leool mown) TseApp 'spew ssaooe pasodoad pue bu!ls!x3 Ti V 1.1. E1.1- -luawd!nba pasodoad lie Jo (s)uo!leool AJeu!w!laad Z 1.1. bu!pn!ou! 'saanlonals pue sbu!p!!nq pasodoad pue bu!ls!x3 'e 1.1.1. 01.1• :uoilewaolu! bu!nnollol ail apnlou! !legs pue 'suo!ss!wgns pue sueld 601. leluawaiddns bu!pnpu! `ssaooad nna!naj ueid Ns An ail to sluawaa!nbaa 801. lelllwgns pue uo!leaedaad ail of waoluoa Heys ueid el!s ail 'Ueld aliS re LOI. 901. -spue! lsaaoJ ao `sl!os leanl!noutie 901. aw!Jd 'aoanosaa ouols!y pue leanleu uo loa!oad pasodoad ay; Jo sloedw! V0I. asaanpe pue le!oijauaq ail to s!sAleue pue :algeo!ldde l! `sallll!oeJ Aiell!oue CO L. Jo uoRdposap a :Al!I!oel atieaols AJelleq an 4.o nl!oedeo palm alew!xoadde Z0!, aoetoad ail aol ueid aoueualu!ew pue 'uo!leaol sl! loa!oad ail to Me!naano 1.01, ue buipnlou! 'Appel atieaols Malleq pasodoad Jul bulquosap pue Taoleaado 001. pue `aaunno 'lueolidde ail bu!Al!luap! anlleaaeu y •uo!JdposeG Joa!oad 66 96 •i!ouno3 L6 K1!3 Aq suo!l!puoo ail to luawpuawe aa!nbaa !legs ueid Lions 96 !!ounoO An ail Aq panoadde suo!l!puoo pue uo!lduosap eql woal 96 sale!nap AIlueo !ub!s ueid UOgeaolsaa a leyl saulwaalap eaub!sep 176 a!ayl JO bu!uueld to aoloaa!a ay} J! 'algeo!!dde wow •u!ewaa C6 of asn alp pall!wied aanlnj e anaas HIM go!ynn swat! Jaw ao sped Z6 137 project components in conformance with Federal, State, and local 138 requirements. 139 140 a) At such time that a battery storage facility is scheduled to be abandoned, 141 the owner or operator shall notify the City Manager or his/her designee. 142 143 a) Within 365 days of the date of abandonment, the owner or operator shall 144 complete the physical removal of the battery storage facility. This period 145 may be extended at the request of the owner or operator, upon approval 146 of the City Council. 147 148 (5) A one hundred (100) foot setback for buildings and battery cabinet 149 containers shall be required along all lot lines. 150 151 ) Category VI landscape screening shall be required within the setback. No 152 other uses or structures shall be permitted in the setback. 153 154 fcj. Factors relating to approval. Before issuing any conditional use permit for a 155 battery storage facility, the City Council shall give due consideration to the 156 following factors; among others: 157 158 The visual impact of the project. in conjunction with landscaping and 159 screening plans: 160 161 Impacts to protected environmental features: and 162 163 An onsite fire monitoring system or fire watch prevention plan as required 164 by the fire chief of the City of Virginia Beach. 165 166 Bonding requirements. The City Council may require a bond or letter of credit in 167 an amount and with surety satisfactory to the department ofplanning, securing to 168 the city compliance with the conditions and limitations set forth in the conditional 169 use permit. 170 171 . . . . 172 173 Sec. 1001. Use regulations. 174 175 (a) Principal and conditional uses. The following chart lists those uses permitted 176 within the I-1 and 1-2 Industrial Districts. Those uses and structures in the 177 respective industrial districts shall be permitted as either principal uses indicated 178 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated 179 by an "X" shall be prohibited in the respective districts. No uses or structures 180 other than as specified shall be permitted. 181 182 4 Use I-1 1-2 Battery Storage Facility/Energy Storage Facility, subject to the C provisions of section 225.02(b). 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 Dep rtme t City Att ey's Office CA15700/R-4/June 29, 2022 5 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 9, 2022 Energy Storage Facilities City of Virginia Beach Request An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities. An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities. An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with a Conditional Use Permit in the I-1 and 1-2 Districts. Summary of Request This amendment is sponsored by Vice Mayor Wilson. The purpose of this ordinance to add energy storage facility as a Conditional Use in the I-1 District (Light Industrial) and in the 1-2 District (Heavy Industrial). Energy Storage Facility will be added to Section 111 of the Zoning Ordinance defined as "Energy storage equipment or technology that can absorb energy, store such energy for a period of time, and redeliver energy after it has been stored.This term includes battery storage facilities."Special Requirements will be added as follows: • Unsafe or abandoned facilities determined to be unsafe by the City Building Official shall be required to be repaired or be removed • Decommissioning plan will be required • A 100 foot setback will be required along all lot lines • Category VI landscape screening shall be required within the setback Economic Development has received unsolicited requests to place energy storage facilities within the city. Energy Storage Facilities are currently not permitted as the use is not defined within the Zoning Ordinance. With the various renewable energy projects within the city, energy storage facilities are necessary to achieve maximum performance of these facilities. Recommendation Staff recommends approval of this Ordinance as the battery storage facility use is necessary to support the offshore wind projects that will come into the City. City of Virginia Beach Agenda Item 1 Page 1 Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #1 City of Virginia Beach An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities. An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities. An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with Conditional Use Permit in the I-1 and 1-2 Industrial Districts. RECOMMENDE FOR APPROVAL—CONSENT Jack Wall: Thank you, Madam Clerk. The next order of business is the consideration of requests to withdraw or defer an item. Please come forward if you have any items to be withdrawn. Okay. Seeing none, please come forward if you have any items to be deferred. Okay, all right. Thank you. The next order of this is the consent agenda and I'm going to turn that over to the vice chair to run that portion of the meeting. George Alcaraz: Thank you, Mr. Chair. Today we have four items on the consent agenda. These applications that are recommended for approval by staff and the Planning Commission have concurred and the... I'm sorry. And there are no speakers signed for in opposition at this time. Is that correct? Okay. Item number one, An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities, an Ordinance to add Sections 225.02 City Zoning Ordinance to add requirements to energy storage facilities, an Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permit with a conditional use permit in the I-1 and 1-2 Industrial Districts, and I'm asking the Zoning Administrator, please come forward and present this agenda. Hannah Sabo: Thank you. Yes, this amendment was sponsored by Vice Mayor Wilson. It does include three portions. The first portion is an amendment to Section 111 of the City's Zoning Ordinance to add the definitions of energy storage facility and decommissioning. The second portion is adding Section 225.02 to the Zoning Ordinance that would add the requirements to the energy storage facilities as a new use, including a hundred foot setback and landscaping requirements and decommissioning. And then the last portion is an Ordinance to amend Section 1001 of the Zoning Ordinance to include energy storage facilities as a use permitted in the I-1 and 1-2 Industrial Districts, both with a conditional use permit. 1 George Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? All right. Hearing none, I'm going to go to consent agenda item number two, Baker Road Properties, LLC for I-1 Light Industrial District Conditional A-36 Apartment District. Is there a representative here to speak? Please state your name for the record. George Alcaraz: Thank you. Mr. Chair, that was the last item on the consent agenda. Consent agenda and the Commission places the following applications on the consent agenda, items one, two, four and five. Jack Wall: Okay. Thank you. Do I have a motion to approve by consent items one, two, four, and five? Madam Clerk: I'm sorry, Mr. Wall, who made that motion? John H. Coston: George made it. George Alcaraz: Yeah. I was going to make it. Jack Wall: Yes. Yeah, go ahead. George Alcaraz: Thank you. I make a motion to approve agendas one, two, four, and five in the consent agenda. Jack Wall: Okay, thank you. It's there a second? Donald H. Horsley: Second. Jack Wall: Okay. 2 Dave Redmond: Mr. Chairman. Jack Wall: Yes? Dave Redmond: Mr. Chairman, I am going to vote in favor of those items on the consent agenda. However, should note that I have a letter on with the City Attorney's office. So I will specifically be abstaining on agenda items, number four and five, the two short-term rental applications. I have a client in the travel industry and I abstain from not just individual applications, but any sorts of ordinances that relate to that as well. Thank you. Jack Wall: Okay. Thank you. So we have a second. Do we have any other abstentions? Okay. The motion for approval is made by Mr. Alcaraz and seconded by Mr. Horsley. Madam Clerk: Thank you, Mr. Chairman. The vote is open. Barry Frankenfield: Let's see if I can do this. I've never done this before. I've never done it before. Madam Clerk: By recorded vote of 11 in favor and zero against agenda items one and two, are recommended for approval. By recorded vote of 10 in favor, zero against with an abstention by Mr. Redmond on agenda items four and five have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE _ Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 • rw • .r ` k Li-ion _ 4.- - la Iiiiiw ,, - ,x _ r ri 4 Energy Storage in Virginia Dominion 0.0 Energy® Battery Storage Development and Permitting Considerations July 2021 Executive Summary Domini Energy Storage Provides Local Benefits when Properly Sited and Permitted Energy ❑ Need for Energy Storage in Virginia ❑ Virginia Clean Economy Act ❑ Grid Reliability ❑ Overview of Battery Storage and Lithium-Ion Projects ❑ Battery Energy Storage Risks Can be Mitigated by Permitting, Design,and Training ❑ Considerationsfor Localities ❑ Safety and Permitting ❑ Revenue Share/Tax Benefits/Siting Agreement IEnergy Storage in Virginia i► DcminI /� Energy VA Clean Economy Act. Significant Changes to our Grid Expected / ❑ VCEA to accelerate renewable energygrowth in Virginia • Establishes a mandatoryRenewable Portfolio Standard (RPS) that provides a VIRGINIA framework for 100%zero-carbon generation by the end of 2045 with critical CLEAN customer protections for reliability • 75%of RECs must come from Virginia facilities starting in 2025 ECONOMY ❑ Includes the following requirements of Dominion Energy Virginia: ACT OF 2020 • Solar/Onshore Wind: 16.1 GW including 1.1 GW of small scale(not to exceed 3MW) (-65%utility-owned,35%power purchase agreements). We must petition the VA it's time to be ambitious. State Corporation Commission for at least: Comparison of State Energy Storage Policies • 3,000 MW by end of 2024 • 6,000 MW by end of 2027(cumulative value) California 1.825 MW by 2020(Requirement) • Seven US states have policies tha • 10,000 MW by end of 2030(cumulative value) emphasize the role that energy Nevada 1.000 MW by 2030(Requirement, • 16,100 MW by end of 2035(cumulative value) Massachusetts 1.000MWhby2025(Requirement storage will play intheirfuture energy system Nev.Jersey 2.000 MW by 2030(Goa11 • Offshore Wind:5.2 GW utility-owned/purchased, including New York 3.000 MW b)2030(Requirement) ' Virginia currently has the iargest up to 3 GW by 2028 Oregon Minimum 5 MW'h.up to 1- peak load by 2020 I energy storage procurement ■ Energy Storage:2.7 GW including potential for 800 MW (Requirement mandate in the US I pumped storage;at least 35%from third-party agreements "``g'"" 3,100MWby2035(Requiremerrti Source:Energy Storage Association Energy Storage in Virginiab, �• Dominio Dominion EnergyProposed Interim EnergyStorage Goals • Energy g Key Themes: Proposed VCEA Interim Energy Storage Targets for Dominion Energy Virginia ➢ Gradual ramp up of (Company Owned+PPAs) 3,000 storage over next 15 years 2.700 MW 2,500 r Deployment is weighted toward the back half of 2 000 15-year period,when more renewables are connected to our grid i 1,500 1,200 Mw causing the need for more storage 1,000 ➢ Allows for continued evolution of technology, 500 250 MW cost reductions, and V incorporation of lessons 0 learned 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Energy Storage Overview Domini. I Energy Storage System Uses a t • Power Quality/ Energy Bulk Ener Imbalance/ Daily Peak Load [Y Frequency Congestion Management Shifting T �r 1 Gl. Pumped Hydro/ -,s- _ p. _ _ _ �. Compressed Air !- - * ,a s ti e.4. �Z .--r -.7.;-sc:sa. Energy Storage y ti Flow ,,,, -- o_ Batteries/ .+. - E 1 MW Sodium - s ? Sulfur - c w lee chilled =r flywheels weter e Example Facility—Fluence Cube(6th Gen) 1kW .,.:I Erb 0.1 1 8 15 Discharge Duration(Hours) 0 Energy storage systems allow energy to be captured and used in various methods to provide enhanced grid reliability and resiliency ❑ Increased renewable generation creates the need to store excess renewa ble energy produced for use at a later time Cl Lithium-ion is most prevalent technology being deployed in the field currently based on cost and performance Dominion Energy Virginia's power grid will need the installation of energy storage systems to manage increased renewable generation output over the next 15 years Overview of Battery Storage Systems - Dominion ' �- Energy What is a Battery Energy Storage System (BESS)? Battery Energy Storage System(BESS)Main Components Example Facility-Fluence Cube(6th Gen) Low v oltage and a�CR Power Control Electronicscomlponents rage 140111.11 i. C11af NODE of OIIE • AIIRa illiE '4 Safytt"if.. Cube or strap ofCollects.of pocks Cobras,ofia.. Fire detection n cubes connected to connected to• connected to sr} �tttikak , system •ocbus nn+a.x. .,be.iowc„o Ultite ii..,...-- ,t^r+t+cc \• till"-libl �P I I i Intelligence. ' ' — :1-7. T '1 !��*t.' Array Controls& Transformer 'I"tee.1 i .:!...!- t r Apphcatton Software ,j• `1 r Connection i Battery carnets ana Ectnwl&Other oatt ry managemer•t systerr, Ba aece o`Plant 0 • F lir . r-_-1 lrl 0 Leif CorHforter,Aux Panel Safety Componerns Source.Fluence Energy Cooking:Etc Li-Ion BESS are designed as modular groupings of containers P we Telco Equ+pment C ^.:e'tirtrn that can accommodate varying MW/MWh ratios attery torage ystem Fire Protection Dominion Energy BESS Spatial Separation Example Reference layout for 50 MW/200 MWh BESS BESS layouts are designed with safety and maintenance needs as top priorities ❑ Adequate spacing and/or firewalls to limit - propagation of fire between containers QQ Q Q [I Q Q El ❑ Adequate access/egress for first responders and t maintenance personnel Q i ❑ Containers designed for ease of access to swap parts without entry into container $ $ E1 $ $ IP :=., "'»it . p. -47 + ill Cl Containers can be easily removed in the event of failure KU_ $ 1 $ 1 N $ Li • rose.turraor. , i 7 • IBattery Storage Systems Domini pp_ Energy Overt/Lew for localities and mitigation approaches / FIRE SAFETY ea's BATTERY r LAND USE&VISIBILITY e�n TRAINING diet MANAGEMENT ❑Operate batteries within safe ❑Cell/Module/Unit level U Battery storage containers limits and monitor cells to battery testing (UL9540A 4th typically less than 15 feet in reduce the risk of fire events edition)to be performed height ❑Significant separation(-25 ❑Battery cells in containers ❑50MW/200MWh project feet) between containers during operation expected to occupy less than reduces the risk of a 6 acres compound fire event ❑Operational monitoring to be conducted on a 24x7 basis U Standard setbacks for ❑Training will be provided to generation and transmission first responders on proper U Proper offsite disposal of equipment will be utilized response protocols battery cells when damaged, failed,or at end of useful life/ ❑Manual flooding capability in site decommissioning lieu of automatic fire suppression a Storage System Permitting Domini- - Local Permitting Considerations for Energy Storage ll __ Primary Require energy storage projects to be developed,designed and constructed in such a manner as to Concern I purposefully limit opportunities for fire,explosion,or other safety and environmental hazards System Design • Allow flexibilityforvarious types of installations so long as theyadhere to state and nationalcodes and standards • Battery racks installed according to NFPA 855 standards to facilitate isolation of failed batteries Site Plan/Visibility • Minimum of 100-foot setbacks from residential or site boundaries;appropriate vegetative buffers • Recommended 25-foot spacing or appropriate firewalls between groups of containers(less than 6 MWh per group) Safe Operation • Battery management system (BMS)to monitorvoltage,temperature,humidity,off-gassing,fire,ground faun,and DC surge • BMS will be able to safely shut down system prior to occurrence of thermal runaway events Safety Disclosures • Adequate facilitysignage(chemistry and contact person)and accessible Safety Data Sheets • Adequate facilitysignage on Hazardous Materials present in the vicinity Emergency Detection • Fire detection system and no utilization of automatic fire suppression • System appropriate sensors and alarms Emergency Response • System-specific emergency response plan and adequate access/egress for first responders • Training for first responders on the potential hazards and risks Water Management • Stormwater management plan requirements • BESS enclosure or cabinet will provide a secondary layer of physical containment Decommissioning • Require site restoration at end of useful life and decommissioning • Consider appropriate level of decommissioning reserves supported by escrow or balance sheet Dome olicy Changes I Solar / Storage Projects Energy ro Taxing Solar/Storage Projects "SolTax" • Virginia lawmakers approved changes to how solar and storage • The University of Virginia and DM ME have developed a tool projects are taxed;choice of property tax(M&T with pollution called "SolTax" to help localities determine the optimal choice control tax exemptions)or energy tax (revenue share) for obtaining tax revenue.Model to be updated to reflect • Recent 2021 legislation has been passed that increases the legislative changes. maximum amount of revenue share by 10 percent every 5 years starting July 1,2026. Property Tax Energy Tax -First five years:80%exempt Up to $1,400 per MW of Second five years:70%exem capacity installed per project. Remainder: 60%exempt -- I:;::at Facility impacts composite inde 100%exempt from property = = `n- ion of asset will impact Depreciation of asset will not .tax revenue„ ` impact tax revenue= more predictability of expected tax 1� revenue over the life of the asset. 1e SIP& . - 1 Solar / Storage PolicyChanges O. Energy g 9 ,i Siting Agreements for Solar/ Storage Projects • Recent legislation permits local governments and project developers to negotiate business terms and conditions .- for approval of solar and storage projects. M • Must be reasonably related to the project but may include dedications of real property and funding for '` important local capital projects: • Items in the locality's capital improvement plan; • Funds for deployment of broadband. -11 Other Key Points • Approval automatically deems solar/storage projects in substantial accord with the comprehensive plan. • Developer still files land use applications regardless of whether an agreement is reached. • Siting agreement may supersede provisions of the zoning ordinance if agreement is reached. - 1 ' ominion Energy Storage Domi Key Contacts Energy ..R a.w f f , > t John Larson, Director Public Policy&Economic Development Bonita Harris, Regional Policy Director john.larson@dominionenergy.com bonita.b.harris@dominionenergy.com 804-921-1762 757-359-0196 Ricky Elder,Manager -Business Development,Energy Storage Chris Rees,Business Development Manager, Energy Storage Rt.t.elder@dominionenergy.com Christopher.i.rees@dominionenergycom 804-339-127 0 804-219-8494 12 M. 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 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE 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 N. UNFINISHED BUSINESS O. NEW BUSINESS US ESS P. ADJOURNMENT i *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* 1 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=ef3bdce56b8353 f31 f'8b2078b 1 a83d4b4 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 12, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/05/2022 PAGE: 1 B 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 HCEEM S S EOE I H R Y B S ERNN CITY COUNCIL'S BRIEFING A. VIRGINIA BEACH CITY PUBLIC SCHOOLS Melisa A. Ingram, (VBCPS)SCHOOL REPLACEMENT Executive Director, UPDATE Office of Facilities- VBCPS II. CITY MANAGER'S BRIEFINGS A. TREE REPLACEMENT Frank L.Fentress. Landscape Management Administrator-Parks and Recreation B. SUSTAINABILITY PLAN Neva L.White,Chief Strategy Officer-Office of Performance& Accountability IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS V- CERTIFICATION OF CLOSED SESSION CERTIFIED 7-0 Y Y Y Y Y AY A A Y VII A-E F. MINUTES APPROVED 7-0 Y Y Y Y Y AY A A Y 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 14 SPEAKERS DISPOSABLE PLASTIC BAG TAX (Requested by Council Member Tower) 2. DEDICATION OF EASEMENT TO 1 SPEAKER DOMINION ENERGY VIRGINIA at 2521 Shorehaven Drive 3. LEASE OF CITY PROPERTY-FARMERS 1 SPEAKER MARKET Outside Circle Suite 814 to Chapman's Flowers, Inc.,d/b/a Coastal Garden J.1. Ordinance to ADD Article XVI to City Code DEFERRED TO 7-0 Y Y Y Y Y A Y A A Y Chapter 35 re establish disposable plastic bag SEPTEMBER 6, tax(Requested by Council Member Tower) 2022 J.2. Ordinance to AUTHORIZE the Dedication of a ADOPTED,BY 7-0 Y Y Y Y Y A Y A A Y 300 square feet(0.007 acre)Utility Easement to CONSENT Dominion Energy Virginia at 2521 Shorehaven Drive re service a City-owned Pump CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/05/2022 PAGE: 2 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 MOO L O C N Y L O OUWS T HCE E M S S EOE I H R Y B S ER N N J.3. Ordinance to AUTHORIZE the City ADOPTED,BY 7-0 Y Y Y Y Y A Y A A Y Manager to EXECUTE a lease for City- CONSENT 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 J.3. Ordinance to AUTHORIZE the City ADOPTED 7-0 Y Y Y Y Y A Y A A Y Manager to EXECUTE a lease for City- owned property: 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) J.4. Resolution to APPOINT Nell Ford as Associate ADOPTED,BY 7-0 Y Y Y Y Y A Y A A Y City Attorney,effective July 28,2022 CONSENT J.S. Resolution to RENEW a permit to ALLOW ADOPTED,BY 7-0 Y Y Y Y Y A Y A A Y Delta Medical Transport,Inc. to operate in the CONSENT City K.1. HENDRICKS FAMILY DENTISTRY, PC / APPROVED/ 7-0 Y Y Y Y Y A Y A A Y CLAYBORN PROPERTIES,LLC fora Change CONDITIONED in Nonconformity re expansion of dental office at 737 Little Neck Road DISTRICT 8 (Formerly District 5—Lynnhaven) K.2. ALEXIS MORALES-CRUZ / EDWIN & APPROVED/ 7-0 Y Y Y Y Y A Y A A Y ALEXIS CRUZ for a CUP re family day-care CONDITIONED, home at 3049 Barberry Lane DISTRICT 2 BY CONSENT (Formerly District 7—Princess Anne) K.3. THE HERTZ CORPORATION/REGENCY APPROVED/ 7-0 Y Y Y Y Y A Y A A Y HILLTOP ASSOCIATES for a CUP re motor CONDITIONED vehicle rentals at 1940 Laskin Road,Suite 308 DISTRICT 6(Formerly District 6—Beach) K.4. EYES ON YOU ARTISTRY BY BREONA APPROVED/ 7-0 Y Y Y Y Y A Y A A Y AU'NICE, LLC / DIAMOND SPRINGS CONDITIONED, SHOPPES ASSOCIATES,LLP for a CUP re BY CONSENT tattoo parlor at 1270 Diamond Springs Road, Suite 113 DISTRICT 9(Formerly District 2— Kempsville) K.S. CHERYL SCOTT/PEMBROKE NORTH APPROVED/ 7-0 Y Y Y Y Y A Y A A Y ASSOCIATES,LLC for a CUP re tattoo parlor CONDITIONED at 544 Independence Boulevard DISTRICT 9 (Formerly District 4—Bayside) M. APPOINTMENTS RESCHEDULED BYCO N SENS U S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/05/2022 PAGE: 3 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 OUWS T HCE E M S S EOE I H R Y B S ERNN 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 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:40 PM OPEN DIALOGUE 6 SPEAKERS 8:02 PM