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HomeMy WebLinkAbout10-18-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large cplIA•B.ege VICE MAYOR ROSEMARY WILSON,At Large `st--`*., !S!L MICHAEL F.BERLUCCHI,Rose Hall—District 3 04 LINWOOD O.BRANCH,Lynnhaven—District 5 %1 S 1 BARBARA M.HENLEY,Princess Anne—District 7 f f 'v'- \if ,j N.D. "ROCKY"HOLCOMB,Kempsville—District 2 R _ �• DELCENO C.MILES,Bayside—District 4 �._;. JOHND.MOSS,At Large `'+, 05' AARON R.ROUSE,At Large °F °o. w00° GUY K.TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS October 18, 2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 3:30 PM A. OLD DOMINION UNIVERSITY INCENTIVE GRANT Taylor V. Adams, Deputy City Manager II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Pastor Kristen Old St. John's Baptist Church 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 October 4, 2022 2. FORMAL SESSION October 11, 2022 G. MAYOR'S PRESENTATION 1. 60th ANNIVERSARY AWARDS Pastor Mike Daniels Robert(Bob) Geis H. PUBLIC COMMENT 1. ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes I. PUBLIC HEARING 1. ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY DISTRICT(CDA) • Establish a Special Assessment and Special Property Taxes on the real property and to finance certain public improvements benefitting property within the CDA District • Approve the methodology for apportioning the Special Assessment among the real property comprising the CDA District J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ESTABLISH a Special Assessment and a Special Property Tax re Atlantic Park Community Development Authority (CDA) and AUTHORIZE a Memorandum of Understanding(MOU) 2. Ordinance to AMEND City Code Section Chapter 23,Article II re noise(Requested by Council Members Tower and Moss)Deferred from July 12,2022—This item will be deferred to a later date 3. Ordinance to APPROPRIATE $1-Million from the TIP Fund Balance to the Virginia Beach Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council Member Branch and Moss) Deferred from October 4, 2022 4. Resolution to ESTABLISH a Virginia Beach Cannabis Advisory Task Force (Requested by Council Members Berlucchi and Tower) 5. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/ Bayside 6th, and Bayside High School (Requested by Virginia Beach School Board) Deferred from September 6, 2022 6. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re the Euclid Place Pump Station (Replacement of PS-357), CIP 100327 (formerly CIP 6-153) 7. Ordinance to AUTHORIZE the City Manager to Execute an Agreement between the City and individual property owners re permitting use of the City-Owned Lynnhaven Transfer Facility re private dredging projects 8. Resolution to APPOINT Donna E. Hernandez as Assistant City Attorney, effective November 3, 2022 9. Ordinance to APPROPRIATE $164,700 from the sale of surplus equipment to Capital Project #100175, "Fire Apparatus IV"re purchase a new fire boat for the Fire Department 10. Ordinance to APPROPRIATE $25,000 from the General Fund Balance re refund of MBCC Development,LLC (MidAtlantic Broadband), cash deposit 11. Ordinance to APPROPRIATE $7,198 from the Library Gift Fund Balance to the FY2022-23 Public Library Operating Budget re purchase scanners for the Edgar T.Brown Local History Archive 12. Ordinance to ACCEPT and APPROPRIATE $851,149 from the Federal Emergency Management Agency(FEMA)to the FY 2022-23 Fire Department Operating Budget re support the continued operations for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team 13. Ordinance to ACCEPT and APPROPRIATE $214,663.37 from the Federal Emergency Management Agency (FEMA) to the FY2022-23 Fire Department Operating Budget to support deployment and administrative costs for the Virginia Task Force 2 (VA-TF2)Urban Search and Rescue Team re mobilization to Kentucky 14. Ordinance to ACCEPT and APPROPRIATE $181,350 from the Federal Emergency Management Agency (FEMA) to the FY2022-23 Fire Department Operating Budget re to support equipment purchases for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team 15. Ordinance to ACCEPT and APPROPRIATE $71,661 from the Edward Byrne Justice Grant (JAG) to the FY2022-23 Police Department Operating Budget and Juvenile and Domestic Relations Court re law enforcement equipment 16. Ordinance to ACCEPT and APPROPRIATE$38,569 from the Department of Criminal Justice Services to the FY2022-23 Human Services Operating Budget re support salary increases for full-time, state-funded positions providing Community Corrections and Pretrial Services L. PLANNING 1. DARREN & MARCELLA KING JOINT REVOCABLE LIVING TRUST for a Variance to Section 4.4 (b&d) of the Subdivision Regulations re properly record plat and to provide public street access at 3931 Richardson Road DISTRICT 8 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 2. TAKE 5 PROPERTIES SPV, LLC, A DELAWARE LIMITED LIABILITY COMPANY / FTB, LLC, for a Modification of Conditions re automobile repair garage at 3680 Holland Road DISTRICT 3 (Formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL 3. BUILD SENIOR LIVING, LLC, A MICHIGAN LIMITED LIABILITY COMPANY / KEITH L. SETZER, SHERYL SETZER MELVIN, BELINDA SETZER HESTER, JSW HOLDINGS LLC, for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional 0-1 Office District and Conditional Use Permit re housing for seniors & the disabled for properties on the North side of the intersection of Princess Anne Road & Tournament Drive, West of 2708 Princess Anne Road DISTRICT 2 (Formerly District 7 — Princess Anne) RECOMMENDATION: APPROVAL 4. ANTHONY LEE FRANCO / PROVIDENCE SQUARE ASSOCIATES, LLC, for a Conditional Use Permit re tattoo parlor at 1001 Kempsville Road, Suites 1049, 1051, and 1053 DISTRICT 1 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 5. MIKE DAUBERT / BACK BAY FARMS, INC., for a Conditional Use Permit re assembly use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Beach) (Deferred from September 20, 2022) RECOMMENDATION: APPROVAL 6. BOING US HOLDCO,INC./NMP-C4 FAIRFIELD S/C,LLC,for a Conditional Use Permit re car wash facility at 837 Kempsville Road District 3 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 7. BEL AIRE,LLC,& TAKE 5 PROPERTIES SPV,LLC/BEL AIRE,LLC,for Conditional Use Permits re automobile repair garage and car wash at 1552 General Booth Boulevard DISTRICT 5 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 8. SUSAN LIMOR for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1005 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 9. THOMAS CUNNINGHAM for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 207 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 10. GREG ZINIS for a Conditional Permit re short term rental at 304 26th '/2 Street, Unit B DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY 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 CLERICS OFFICE at 385-4303 ************************* The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=efli46a29b37c6fd8cbel d442f3ee08233 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 18, 2022. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 3:30 PM A. OLD DOMINION UNIVERSITY INCENTIVE GRANT Taylor V. Adams, Deputy City Manager II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Kristen Old St. John's Baptist Church 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 October 4, 2022 2. FORMAL SESSION October 11, 2022 G. MAYOR'S PRESENTATION 1. 60th ANNIVERSARY AWARDS Pastor Mike Daniels Robert (Bob) Geis 4ctoS BBC+ 0 U 5 S .r¢rOFRURNIM° � to tiamation Whereas:ereas. For more than half a century,Dr:Michael cDanieLs has 6een an elemplary servant leader in'Virginia Beach as a community advocate and pastor of Enoch Baptist Church,and Whereas: Pastor(Daniels is a steadfast champion for at-nskyouth and has been instrumental in esta6Gshing programs to improve the Caves of residents of Western Bayside;and '44erras. gfe has deducted his career to making a difference in the local community 6y developing advocacy programs to support racial and economic equality and developing strategic partnerships designed to promote strong community relations and citizen engagement;and Whereas: Pastor(Daniels has been recognized for his efforts to help the people of Virginia Beach and the greater Hampton Tads area 6y the NAACP, the Yfuman fights Commission, the gfampton Rpads BlackCaucus, the Governor and the US.Mouse of Rcpresentatives;and Whereas Pastor Daniels has sewed on the'Youth Violence Prevention Task rForce, the Pu6ac Library Board and the 2020 Census Committee to help ensure Virginia Beach receives its fair share of federal funding;and Whereat. As a local leader, Pastor(Daniels has focused on improving the circumstances of underserved communities and worked to strengthen the bonds among people of different racia4 ethnic, and religious backgrounds all with the goal of making our community a better place;and Whereat: "Nostalgic VB"is a celebration of Virginia Beach pioneers and residents Ong up to the 60th anniversary of our great city in January 2023. Now'Therefore,I, R6ert:fit. "Bo66y"(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim 'Dr. Mchiael'anieLs 2ccipien t of the "Virginia Beach Diamond-Award" In Virginia Beads, and I calf upon the citizens and members within government agencies, pu6ac and private institutions, business and schools in'Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our 6efaved City of Virginia Beach. In Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, 'Virginia,to 6e affixed this Eighteenth Day of October Two Thousand anlTwenty-Two. Ebert 11. `Bobby'Dyer " , *+ Mayor C LJ "sA EU 5 744 ‘141,14 FSUN N14116 to C amation Wismar For nearly 30 years, 1p6ert(Bob)N. Geis sewed the nation honora60 as a Nava!aviator and officer,and Wherrar As the Commander of Naval-Air StationOceana in in 2012,he fed the Navy's response and recovery effort foaming the 'Good'Friday Miracle,'an incident in which an'F-18 fighter jet assigned to Nava(AirStation Oceana crashed into Mayfair Yews Apartments on BirdneckR and Whereas Bob Geis ensured that the Navy tookevery step possible to help impacted Virginia Beach residents recover from the incident including securing firming from the Pentagon to assist with living expenses, having staff come in on Easter Sunday to generate and issue checks, enlisting the (Department of Motor 'Vehicles to help replace lost identtion, as well as bringing in the Environmental-Protection Agency and'Virginia Department of Environmenta(Quality to ensure the reclamation process was appropriate and safe;and Mr. Geis was at the Washington Navy'Yard assigned to Navy Installations Command when the tragic shooting occurred in September of 2013 and was called upon to (ead the post-incident assessment of aft ashore Navy security as well as implement those recommended improvements;and Menus:ereas: Mr. Geis'final duty ashore was as Chief of Staff Navy.Region Mid-Atlantic the largest'US Navy region,which included 14 installations and 48 Navy Operational Support Centers across 20 states; and Wismar Today,Bob Geis continues to serve the focal community as a Deputy City Manager,leading the City of Chesapeake's major operational departments, including Public Safety, Public Word, Public 'Utilities,and the City's'Fleet and Garage. Whereas: 'Nostalgic VB"is a celebration of'Virginia (Beach pioneers and residents leading up to the 64 anniversary of our great city in January 2023. Wow Therefore,I,Robert 31. "Bobby'Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim Wp6ert (Bo6)W. Geis &cipien t of the "Virginia Beach 'Diamond-Award In 'Vhrginra Beach, and I call upon the citizens and members within government agencies, public and private institutions, business and schools in'Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved-City of'Virginia(Beach. In Witness 'Whereof I have hereunto set my hand and caused the Official'Seat of the City of'Virginia Beach, Virginia,to 6e affxzed this Eighteenth Day of October,Two Thousand-and Twenty-Two. 7't.'4,°•'4 ; 1R6ert M. "Bobby'Dyer J� . w Mayor 4 H. PUBLIC COMMENT 1. ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes I. PUBLIC HEARING 1. ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY DISTRICT(CDA) • Establish a Special Assessment and Special Property Taxes on the real property and to finance certain public improvements benefitting property within the CDA District • Approve the methodology for apportioning the Special Assessment among the real property comprising the CDA District e. 07-4 j iC 41.vI4 '_ If I. �w�r NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Virginia Beach, Virginia (the 'City"), will hold a public hearing on the proposed adoption of an ordinance (a) establishing a special assessment and special property taxes on the real property within the Atlantic Park Community Development Authority district(the "CDA District")to finance certain public improvements benefitting property within the CDA District and(b) approving the methodology for apportioning the special assessment among the real property comprising the CDA District. The public hearing, which may be continued or adjourned,will be held on October 18,2022,at 6:00 P.M.,local time, or as soon thereafter as the matter may be heard,in the City Council Chambers at City Hall, 2401 Courthouse Drive, Virginia Beach, Virginia,23456. All interested persons may appear and present their views at such time and place. 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 only 711 (TDD - Telephonic 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://vhgov webex con-/vhgov/ onstage/g nhp?MTID=ef046a29b 47c6fdhche]d442f ee0R233 2. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on October 18,2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT:October 2 and 9,2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ESTABLISH a Special Assessment and a Special Property Tax re Atlantic Park Community Development Authority (CDA) and AUTHORIZE a Memorandum of Understanding(MOU) 2. Ordinance to AMEND City Code Section Chapter 23,Article II re noise(Requested by Council Members Tower and Moss)Deferred from July 12,2022—This item will be deferred to a later date 3. Ordinance to APPROPRIATE $1-Million from the TIP Fund Balance to the Virginia Beach Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council Member Branch and Moss) Deferred from October 4, 2022 4. Resolution to ESTABLISH a Virginia Beach Cannabis Advisory Task Force (Requested by Council Members Berlucchi and Tower) 5. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/ Bayside 6th, and Bayside High School (Requested by Virginia Beach School Board) Deferred from September 6, 2022 6. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re the Euclid Place Pump Station (Replacement of PS-357), CIP 100327 (formerly CIP 6-153) 7. Ordinance to AUTHORIZE the City Manager to Execute an Agreement between the City and individual property owners re permitting use of the City-Owned Lynnhaven Transfer Facility re private dredging projects 8. Resolution to APPOINT Donna E. Hernandez as Assistant City Attorney, effective November 3, 2022 9. Ordinance to APPROPRIATE $164,700 from the sale of surplus equipment to Capital Project #100175, "Fire Apparatus IV"re purchase a new fire boat for the Fire Department 10. Ordinance to APPROPRIATE $25,000 from the General Fund Balance re refund of MBCC Development,LLC (MidAtlantic Broadband), cash deposit 11. Ordinance to APPROPRIATE $7,198 from the Library Gift Fund Balance to the FY2022-23 Public Library Operating Budget re purchase scanners for the Edgar T.Brown Local History Archive 12. Ordinance to ACCEPT and APPROPRIATE $851,149 from the Federal Emergency Management Agency(FEMA)to the FY 2022-23 Fire Department Operating Budget re support the continued operations for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team 13. Ordinance to ACCEPT and APPROPRIATE $214,663.37 from the Federal Emergency Management Agency (FEMA) to the FY2022-23 Fire Department Operating Budget to support deployment and administrative costs for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team re mobilization to Kentucky 14. Ordinance to ACCEPT and APPROPRIATE $181,350 from the Federal Emergency Management Agency (FEMA) to the FY2022-23 Fire Department Operating Budget re to support equipment purchases for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team 15. Ordinance to ACCEPT and APPROPRIATE $71,661 from the Edward Byrne Justice Grant (JAG) to the FY2022-23 Police Department Operating Budget and Juvenile and Domestic Relations Court re law enforcement equipment 16. Ordinance to ACCEPT and APPROPRIATE $38,569 from the Department of Criminal Justice Services to the FY2022-23 Human Services Operating Budget re support salary increases for full-time, state-funded positions providing Community Corrections and Pretrial Services I r4 t"'4,y.Li 4 pit o`,i '.w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Establishing a Special Assessment and a Special Property Tax for the Atlantic Park Community Development Authority and Authorizing a Memorandum of Understanding in Connection Therewith MEETING DATE: October 18, 2022 • Background: In November 2019, the City Council authorized the execution of a Development Agreement for the Atlantic Park Project for development of a mixed-use project at the former Dome Site (the "Project"). The City Council authorized the execution of an amendment to the Development Agreement in November 2021. The Development agreement anticipates the establishment of a "community development authority" or "CDA" to assist in the financing of certain improvements within the Project. The CDA tool has been utilized in various Virginia localities, including the Short Pump Project in the Richmond region and the Coliseum Project in Hampton. The CDA was created, by ordinance, on September 7, 2021, and amended by ordinance adopted on April 5, 2022. The financing process has matured to the point where the CDA seeks to complete certain activities necessary for a CDA bond closing. The following approvals are requested of the City Council: 1 . Approve the Memorandum of Understanding (the "MOU"). The MOU builds upon the details in the Development Agreement regarding the revenues required for the CDA bonds and includes the assignment of the Performance Grant revenues to the CDA. The MOU describes the security structure for the CDA bonds. Importantly, the MOU is the contractual agreement that binds the City, the City of Virginia Beach Development Authority (the "VBDA"), the CDA, and the Developer to the requirements of the revenues for the CDA financing, which includes the Performance Grant revenues, the special real property tax, the special assessments, and the CDA's imposition of a fee upon certain admissions. 2. Approve the special assessment and the special real property taxes. The Development Agreement contemplates a $0.25 per $100 real property levy upon taxable property interests within the CDA's district boundaries as a portion of the Performance Grant. At present, this property is owned by the VBDA, but the property will be leased to the Developer at closing. As an additional levy, this must be imposed by an elected body, such as the City Council. In addition to the aforementioned real property levy, the CDA bonds will be secured by a special assessment, which also must be imposed by the local governing body. The special assessment is apportioned upon the property within the CDA's district boundaries in accordance with a Rates and Method of Apportionment (RMA). The RMA is an Atlantic Park Special Assessment and MOU Page 2 of 2 attachment to the MOU. In the event the special assessment is invalidated for whatever reason upon leasehold interests, there is a supplemental real property tax that would be imposed in lieu of the special assessments. 3. Approve the assignment of the cost participation agreement for the Offsite Infrastructure and accept the CDA's Note in an amount not to exceed $17,700,000. • Considerations: The attached ordinance was prepared by bond counsel for the Atlantic Park CDA financing. The ordinance provides the approvals for the three items discussed above and will allow the CDA to proceed to pricing the CDA bonds. • Public Information: Public information will be provided through the normal Council agenda process. As required by Virginia Code § 15.2-2409, notice of the special assessments was published once a week for two subsequent weeks. The notice also included the real property levies to comply with Virginia Code § 58.1-3007. The public hearing for the special assessments and real property levy will be held on October 18tn • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; MOU Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: Pi ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT AND A SPECIAL PROPERTY TAX FOR THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING IN CONNECTION THEREWITH WHEREAS,pursuant to the terms of the Dome Site Development Agreement dated as of December 23, 2019, as amended by the First Amendment to Dome Site Development Agreement dated as of April 21, 2022 (the "Development Agreement"), between the City of Virginia Beach Development Authority(the"VBDA")and Atlantic Park,Inc. (together with any affiliates thereof, the"Developer"),the VBDA submitted a petition for the creation of the Atlantic Park Community Development Authority (the "CDA") dated September 7, 2021, and an addendum thereto dated March 31, 2022; WHEREAS,the City Council(the"Council")of the City of Virginia Beach, Virginia(the "City"), created the CDA by an ordinance adopted on September 7, 2021, as amended by an ordinance adopted on April 5, 2022 (collectively, the"Creating Ordinance"); WHEREAS, as contemplated by the Development Agreement, the CDA has requested that the Council establish a special assessment on property within the CDA District(as defined in the Creating Ordinance) pursuant to a resolution adopted on October 18, 2022; WHEREAS, the Council proposes to set forth certain agreements with the CDA, the VBDA and the Developer, pursuant to a Memorandum of Understanding among the City, the Developer, the CDA and the VBDA(the "MOU"); WHEREAS, the CDA proposes to (a) issue one or more series of revenue bonds (the "Bonds") and (b) incur one or more payment obligations to the City to finance certain infrastructure improvements benefitting the property within the CDA District; and WHEREAS, the establishment of a special assessment and the levy of a special property tax on property within the CDA District and the actions contemplated by the MOU will benefit the citizens of the City by promoting increased employment opportunities, a strengthened economic base,increased tax revenues and additional business,retail,tourism and recreational opportunities; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Approval of Memorandum of Understanding. The MOU is approved in substantially the form presented to the Council at this meeting, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the City's interests as may be approved by the City Manager, whose approval shall be evidenced conclusively by the execution and delivery of the MOU. The City Manager is authorized and directed to execute and deliver the MOU. The Council acknowledges that the provisions of the MOU and the trust indenture to be entered into by the CDA in connection with the issuance of the Bonds shall control in the event of any conflict between such provisions and the provisions of the Development Agreement providing for the financing of the CDA infrastructure. 2. Special Assessment and Special Property Tax; Notice to Property Owners; Annual Approval by Council of Collection. (a) By agreement between the Developer, the VBDA, the CDA and the City pursuant to the MOU,a special assessment to pay the costs of certain public improvements to benefit property within the CDA District is hereby established on the taxable real property within the CDA District. The special assessment shall be apportioned in accordance with the Rate and Method of Apportionment of Special Assessment ("RMA") in substantially the form presented to the Council at this meeting. The CDA is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA as such tax parcels exist as of the date of recordation of the RMA in the land records of the City. The Council further agrees to levy a special tax on all taxable real property within the CDA District in accordance with the MOU to pay the costs of certain public improvements to benefit property within the CDA District. The CDA shall cause notice of the special assessment to be reported to the City Treasurer or such other City official responsible for the collection of taxes and shall annually request collection of the special property tax. The special assessment and the special property tax shall be liens on the taxable real property in the CDA District in accordance with Section 15.2-5158(A)(9) of the Code of Virginia of 1950, as amended (the "Virginia Code"). The CDA shall cause notice of the creation of the CDA District and the levy of the special assessment to be recorded in the deed book and land records of the City in accordance with the requirements of Virginia Code Sections 15.2-2412 and 15.2-5157, as applicable. Based upon the MOU, the RMA and the special assessment report described therein, the Council finds and determines that the special assessment will meet the requirements of Virginia Code Sections 15.2-2404 et seq. and 15.2-5158(5). (b) In the event the special assessment described in subsection(a)is determined to be legally unenforceable in a final decree by a court of competent jurisdiction, the Council agrees to levy a supplemental special property tax on all taxable real property within the CDA District in such amount as is necessary to provide revenues sufficient to replace (but in no event to exceed)the special assessment revenues expected to have been derived from the levy of such special assessment, all in accordance with the terms of the MOU. (c) As and to the extent permitted by Virginia Code §58.1-3965.2, when an installment of the special assessment or a payment of the special property tax is delinquent, proceedings may be instituted to sell any real property subject to such special assessment or special property tax on the first anniversary of the date on which such installment or payment became due. (d) In accordance with the terms of the MOU and upon each CDA request of the City to collect the annual installments of the special assessment and the special property tax, the City Manager shall request the Council to approve the collection of such annual 2 installments and such special property taxes and present an ordinance or resolution to the same effect for the Council's consideration. 3. Approval of Payment Obligation. The Promissory Note (the "Initial Payment Obligation"), evidencing the CDA's obligation to repay the City for certain funds to be advanced to pay the costs of the Offsite Infrastructure(as defined in the Creating Ordinance), is approved in substantially the form presented to the Council at this meeting,with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the City's interests as may be approved by the City Manager. 4. Subsequent Resolution. The Council may make such additional changes or amendments to the MOU as the Council determines to be necessary or appropriate by subsequent resolution. 5. Severability. If any part, section,clause or phrase of this Ordinance,or any portion of the special assessment or the special property tax levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion of this Ordinance or the special assessment or special property tax levied hereby. 6. Effective Date. This Ordinance shall take effect immediately. 3 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2072. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Manager y A ey CA15938 R-1 October 10,2022 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enacted at a regular meeting of the City Council of the City of Virginia Beach,Virginia, held on October 18, 2022. City Clerk, City of Virginia Beach, Virginia 4 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is made as of [ , 2022], by and between the CITY OF VIRGINIA BEACH, VIRGINIA (the "City"); the ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (the "CDA");the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(the"VBDA"); and ATLANTIC PARK, INC., a Virginia corporation, and its successors and assigns, as lessee of the parcels described herein, owner of the taxable real property to be constructed on the land comprising the CDA district to be constructed on such parcels and developer of the project described herein(the"Developer"). [DEVELOPER AFFILIATES TO BE ADDED] WITNESSETH WHEREAS,the VBDA and the Developer have entered into the Dome Site Development Agreement dated as of December 23, 2019, as amended by the First Amendment to Dome Site Development Agreement dated as of April 21, 2022, and as supplemented by a Memorandum of Approval—Dome Site Development Agreement dated as of September 26, 2022(collectively and as may be further supplemented and amended,the"Development Agreement"), to provide for the development and redevelopment of certain property near the oceanfront between 18th and 20th Streets in the City,as more particularly described in the Development Agreement(the"Property"), into a mixed-use development featuring retail, office, residential, parking and entertainment components (the"Project"); WHEREAS, pursuant to the terms of the Development Agreement, the VBDA filed a petition dated September 7, 2021, and an addendum thereto dated March 31, 2022 (collectively, the"Petition"), with the City Council of the City (the"Council") pursuant to Sections 15.2-5152 et seq. of the Code of Virginia of 1950, as amended(the"Virginia Code"),requesting the Council to establish a community development authority to, among other things, assist in the acquisition, financing, funding, design, construction and equipping of the infrastructure, improvements, facilities and services as described in the Petition and as more particularly described in Exhibit A to this Memorandum (collectively, the"Improvements"); WHEREAS,pursuant to the Petition and in consideration of the Developer's undertaking of the Project, the Council created the CDA and established the initial boundaries of the CDA district (the "CDA District") by an ordinance adopted on September 7, 2021, as amended by an ordinance adopted on April 5, 2022, attached hereto as Exhibits B-1 and B-2 (collectively, the "CDA Ordinance"); [INSERT PREAMBLE RE: SUBDIVISION PLATS RECORDED] WHEREAS, pursuant to the terms of the Development Agreement, the VBDA and the Developer have entered into [GROUND LEASES] dated as of[ _,2022],providing for the lease of the Property from the VBDA to the Developer; WHEREAS,the Developer has submitted [portions of the Property/Parcels N and NW] to a condominium regime known as "Atlantic Park Condominium Phase 1," which contains a condominium unit referred to as the "EV Unit" within which the Entertainment Venue described in the Development Agreement will be constructed; WHEREAS,as contemplated in the Petition and the CDA Ordinance,the EV Unit will be excluded from the CDA District as set forth herein; WHEREAS, the transactions contemplated by this Memorandum (a) will benefit the citizens of the City by promoting increased employment opportunities, a strengthened economic base,increased tax revenues and additional business,retail,tourism and recreational opportunities and (b) will be necessary or desirable for development or redevelopment within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District; and WHEREAS,the parties wish to set forth several understandings with respect to the CDA and its plan of finance in this Memorandum: NOW,THEREFORE,in consideration of the foregoing,the parties set forth the following agreements and understandings: 1. Definitions. In addition to certain terms defined in the recitals above,the following terms shall have the meanings specified below unless otherwise expressly provided or the context otherwise requires: "Administrative Expense Advances"has the meaning set forth in Section [2(e)]. "Administrative Expense Payments" means the payments of the Performance Grant Revenues appropriated by the Council and made available to the Developer pursuant to the terms of the Development Agreement for the purpose of paying Administrative Expenses. "Administrative Expenses"has the meaning set forth in Section [5(b)]. "Admissions Tax Revenues"has the meaning set forth in the Development Agreement. "Annual Installments"has the meaning set forth in Section [5(a)(i)]. "Bonds"has the meaning set forth in Section [2(a)(i)]. "Bond Year" means each period of one year beginning on August 2 and ending on the subsequent August 1, provided, however, that the first Bond Year shall begin on [ 2022], and end on August 1, 2023, resulting in an initial Bond Year of less than one year in duration. "Business Day"has the meaning set forth in the Indenture. "Capitalized Interest Account"has the meaning set forth in the Indenture. "CDA Administrator"has the meaning set forth in the Indenture. "CDA Board"means the governing body of the CDA. "Construction Period"has the meaning set forth in the Development Agreement. "Construction Phase"has the meaning set forth in the Development Agreement. 2 "Debt Service Reserve Fund"has the meaning set forth in the Indenture. "Delinquent Payments Account"has the meaning set forth in the Indenture. "Entertainment Venue"has the meaning set forth in the Development Agreement. "Excess Revenues"has the meaning set forth in the Development Agreement. "Final Grant Payment Date"has the meaning set forth in Section [4(c)(i)(A)]. "Grant Term"has the meaning set forth in the Development Agreement. "Indenture"means the Indenture of Trust dated as of[ 1,2022],between the Trustee and the CDA, as it may be supplemented or amended from time to time. "Knight-Wagner Revenues"has the meaning set forth in the Development Agreement. "Meals Tax Revenues"has the meaning set forth in the Development Agreement. "Payment Obligations"has the meaning set forth in Section [2(b)(i)]. "Performance Grant Cap"has the meaning set forth in the Development Agreement. "Performance Grant Payments"has the meaning set forth in the Development Agreement. "Performance Grant Revenues"has the meaning set forth in the Development Agreement. "Pre-Stabilization Advances"has the meaning set forth in the Development Agreement. "Pre-Stabilization Period"has the meaning set forth in the Development Agreement. "Property Owners"has the meaning set forth in Section [5(a)(iii)]. "Quarterly Payment Date"has the meaning set forth in Section [4(c)(i)(A)]. "Rate and Method"means the Rate and Method of Apportionment of Special Assessment attached hereto as Exhibit C, as it may be supplemented or amended from time to time. "Rebate Fund"has the meaning set forth in the Indenture. "Redemption Account"has the meaning set forth in the Indenture. "Revenue Stabilization Fund"has the meaning set forth in the Indenture. "Sales Tax Revenues"has the meaning set forth in the Development Agreement. "Special Admissions Fee"has the meaning set forth in Section [4(b)]. "Special Admissions Fee Revenues"has the meaning set forth in Section [4(b)]. "Special Assessment"has the meaning set forth in Section [5(a)(i)]. 3 "Special Assessment Revenues" has the meaning set forth in Section [5(a)(ii)]. "Special Property Tax"has the meaning set forth in Section [4(a)]. "Special Property Tax Revenues"has the meaning set forth in Section [4(a)]. "Supplemental Special Property Tax"has the meaning set forth in Section [5(a)(iv)]. "Supplemental Special Property Tax Revenues" has the meaning set forth in Section [5(a)(iv)]. "TIP Fund"has the meaning set forth in the Development Agreement. "Trustee" means U.S. Bank Trust Company, National Association, together with any successors and assigns. 2. Plan of Financing. (a) Use of Bond Proceeds: Security for Bonds. (i) Use of Bond Proceeds. Subject to the limitations set forth in the Development Agreement, the Petition and the CDA Ordinance, the CDA proposes to issue bonds (together with any bonds issued to refund such bonds,the"Bonds")in one or more series pursuant to Virginia Code Sections 15.2-5158(A)(2) and 15.2-5125. Proceeds of the initial series of Bonds will be used to finance the Improvements identified in Exhibit A as the "Parking Infrastructure," pay the costs of issuing such Bonds, fund certain interest on such Bonds for a period of up to 36 months after the issuance thereof and fund any required reserves in connection with such Bonds. Proceeds of any additional series of Bonds will be used to finance other eligible Improvements, together with related financing costs, all as the CDA may approve. The CDA may issue refunding Bonds with the consent of the Council. (ii) Security for Bonds. The Bonds shall be payable solely from certain revenues received by the CDA (including,but not limited to, any funds assigned by the Developer to the CDA) as described herein and certain funds and accounts to be established under the Indenture. The sources of revenue for the payment of the Bonds are as set forth in the Indenture and summarized below in Sections [2(a)(ii)(C) through (E)] below. (A) Assignment of Developer's Interest in Performance Grant Payments. The Developer hereby assigns any and all of its right, title and interest in the Performance Grant Payments to the CDA. (B) CDA and City Undertakings with Respect to Performance Grant Payments, Special Assessment Revenues and Supplemental Special Property Tax Revenues. The CDA shall assign its right, title and interest in any Pre-Stabilization Advances, Performance Grant Payments, Special Assessment Revenues, Supplemental Special Property Tax Revenues and Excess Revenues (to the extent Excess Revenues are appropriated for the purpose of redeeming the Bonds) to the Trustee and shall request that the City pay any such revenues collected by or remitted to the City directly to the Trustee on behalf of the CDA, except as otherwise provided herein. Subject to annual 4 appropriation by the Council and in accordance with the scheduled payment dates described herein, the City and the CDA shall transfer to the Trustee the Pre-Stabilization Advances, if any, Performance Grant Payments, the Administrative Expense Payments (except such portion thereof as may be withheld by the City pursuant to Section [5(b)]), and any Special Assessment Revenues or Supplemental Special Property Tax Revenues (excluding any interest or late payment fees or penalties retained by the City pursuant to Section [5(a)(vi)] and such portion thereof as may be withheld by the City pursuant to Section [5(b)]) that are required to meet the funding requirements set forth in Sections [4 and 5]. (C) Sources to Pay Debt Service on Bonds during Construction Period. During the Pre-Stabilization Period, debt service on the Bonds shall be paid on scheduled payment dates from the following sources in the order of priority described herein and in accordance with the provisions of Article VII of the Indenture: (1)first, from any available funds on deposit in the Capitalized Interest Account, (2) second, from funds on deposit in the Revenue Stabilization Fund, (3)third, from any Special Assessment Revenues (or any Supplemental Special Property Tax Revenues in lieu thereof) collected for such purpose and any available funds in the Delinquent Payments Account derived from the enforcement of the City's rights and remedies in collecting delinquent Annual Installments (or any Supplemental Special Property Tax in lieu thereof) and (4) finally, from funds on deposit in the Debt Service Reserve Fund. (D) Sources to Pay Debt Service on Bonds during Pre-Stabilization Period. During the Pre-Stabilization Period, debt service on the Bonds shall be paid on scheduled payment dates from the following sources in the order of priority described herein and in accordance with the provisions of Article VII of the Indenture: (1)first, from Performance Grant Payments and any available funds on deposit in the Capitalized Interest Account, (2) second, from funds on deposit in the Revenue Stabilization Fund, (3) third, from any Pre-Stabilization Advances made by the City from the TIP Fund (subject to annual appropriation by the Council and the limitations set forth in the Development Agreement), (4) fourth, from any Special Assessment Revenues (or any Supplemental Special Property Tax Revenues in lieu thereof)collected for such purpose and any available funds in the Delinquent Payments Account derived from the enforcement of the City's rights and remedies in collecting delinquent Annual Installments (or any Supplemental Special Property Tax in lieu thereof) and (5) finally, from funds on deposit in the Debt Service Reserve Fund. (E) Sources to Pay Debt Service on Bonds after Pre-Stabilization Period. Following the Pre-Stabilization Period,debt service on the Bonds shall be paid on scheduled payment dates from the following sources in the order of priority described herein and in accordance with the provisions of Article VII of the Indenture: (1) first, from Performance Grant Payments, (2) second, from funds on deposit in the Revenue Stabilization Fund,(3)third,from any Special Assessment Revenues(or any Supplemental Special Property Tax Revenues in lieu thereof)collected for such purpose and any available funds in the Delinquent Payments Account derived from the enforcement of the City's rights and remedies in collecting delinquent Annual Installments (or any Supplemental Special Property Tax in lieu thereof) and (4) finally, from funds on deposit in the Debt Service Reserve Fund. 5 (b) Other Payment Obligations; Use of Proceeds,Terms and Security. (i) Use ofProceeds of Payment Obligations. Subject to the limitations set forth in the Petition and the CDA Ordinance, the CDA proposes to issue obligations for the payment of money (together with any obligations incurred to refinance such obligations, the "Payment Obligations") in one or more series pursuant to Virginia Code Sections 15.2-5158(A)(2)and 15.2- 5125. Proceeds of the Payment Obligations will be used to finance the Improvements identified in Exhibit A as the"Offsite Infrastructure"and pay the costs of incurring the Payment Obligations. The CDA may issue refunding Payment Obligations with the consent of the Council. (ii) Terms of Payment Obligations. The Payment Obligations shall be payable solely from certain Excess Revenues received by the CDA as described herein. The aggregate principal amount of the Payment Obligations may not exceed$17,700,000,provided that payments of debt service on the Payment Obligations shall not count against any ceiling on annual debt service relating to the Bonds. The Payment Obligations shall mature no later than 40 years after their respective dates of incurrence. (iii) Security for Payment Obligations. The Payment Obligations shall be payable only from Excess Revenues allocated for such purpose pursuant to Section [4(e)]. (c) Funding of Revenue Stabilization Fund. As set forth in the Development Agreement, during the Construction Phase, the City, subject to annual appropriation by the Council, shall transfer all Knight-Wagner Revenues attributable to sales taxes collected during the Construction Phase to the Trustee for deposit to the Revenue Stabilization Fund. Following the Construction Phase,any portion of the Performance Grant Payments transferred to the Trustee and not needed to pay debt service on the Bonds,replenish the Debt Service Reserve Fund or fund the Rebate Fund as required under the Indenture shall be deposited to the Revenue Stabilization Fund. However, no amounts drawn from the Revenue Stabilization Fund shall be required to be replenished. (d) Funding of Debt Service Reserve Fund. The Debt Service Reserve Fund shall initially be funded with a portion of the proceeds of the initial series of Bonds and may be further funded with a portion of the proceeds of any additional series of Bonds. Any amount drawn from the Debt Service Reserve Fund shall be replenished from the collection of delinquent payments of the Annual Installments of the Special Assessment and any portion of the Performance Grant Payments not needed to pay debt service on the Bonds. (e) Payment of Administrative Expenses through Pre-Stabilization Period. Subject to annual appropriation by the Council, the City shall directly pay, on behalf the CDA, the Administrative Expenses due and payable during the Construction Phase and, to the extent Performance Grant Revenues are insufficient at any point during the Pre-Stabilization Period, the Pre-Stabilization Period. Any such Administrative Expenses paid or incurred by the City (including the City's administrative expenses as contemplated in Section[5(b)]below)during such times shall constitute "Administrative Expense Advances" and shall be reimbursed promptly by the CDA from amounts on deposit in the Revenue Stabilization Fund. Any Administrative Expense Advances not reimbursed from amounts in the Revenue Stabilization Fund shall be repaid from Performance Grant Revenues as described in Sections [4(c)(i)(C)] and [4(e)]below. 6 (f) Status of Revenues, Special Assessment and Supplemental Special Property Tax after Repayment of CDA Obligations. (i) Special Property Tax, Special Assessment, and Supplemental Special Property Tax. Upon the earlier of(1) the expiration of the Performance Grant Term and (2) the date as of which all Bonds and all accrued and unpaid Administrative Expenses have been paid in full or provision for their payment in full has been made, (A) the Special Property Tax and, if applicable, the Supplemental Special Property Tax shall cease to be levied and collected and (B) the lien of the Special Assessment shall be extinguished. (ii) Knight-Wagner Revenues. Upon the earlier of (1) the expiration of the Performance Grant Term and (2)the date as of which all Bonds and Payment Obligations and all accrued and unpaid Administrative Expenses have been paid in full or provision for their payment in full has been made, the Knight-Wagner Revenues shall cease to be remitted by the State Comptroller to the City. (iii) Other Revenues. Upon the later of(1) the expiration of the Performance Grant Term and (2) the date as of which all Payment Obligations and all accrued and unpaid Administrative Expenses have been paid in full or provision for their payment in full has been made, (A) all Admissions Tax Revenues, Meals Tax Revenues and Sales Tax Revenues shall be retained by the City for its general use and(B)the Special Admissions Fee shall cease to be charged by the CDA and collected by the Developer. 3. Development of Improvements. The Improvements to be financed with the proceeds of the Bonds and the Payment Obligations, as well as other funds provided by the Developer and the City,consist of various infrastructure more particularly described in the Petition and in Exhibit A hereto. Amounts not needed for any portion of the Improvements shown on Exhibit A may be reallocated to the other Improvements shown on Exhibit A and to any streetscape improvements as contemplated in the Development Agreement. The City or the Developer, or its designee,on behalf of the CDA,has entered or will enter into contracts for the acquisition,design, construction,project management and development of the Improvements. 4. Imposition of Special Property Tax; Performance Grant Payments. (a) Special Property Tax. (i) Request for Collection of Special Property Tax. For each fiscal year commencing with fiscal year 2026 and for as long as the Bonds are outstanding, the CDA shall request the City to levy and collect, and the City shall levy and collect, a special tax on all taxable real property within the CDA District pursuant to Virginia Code Section 15.2-5158(A)(3) (the "Special Property Tax"). The Special Property Tax shall be in the amount of$0.25 per $100 of the assessed fair market value of any taxable real estate or the assessable value of any taxable leasehold property as specified by Virginia Code Section 58.1-3203. Subject to annual appropriation by the Council, the City shall pay all Special Property Tax collections(the"Special Property Tax Revenues") to the Trustee on behalf of the CDA on each [July 15] and [January 15]. The CDA shall provide such information as the City may request to enable it to levy and collect the Special Property Tax. 7 (ii) City's Obligation with Respect to Special Property Tax. The City's obligation to make payments to the Trustee on behalf of the CDA of the Special Property Tax Revenues shall not be deemed to be a general obligation of the City and shall be payable solely from actual payments of the Special Property Tax received by the City and shall be subject to and dependent on appropriations being made from time to time of the Special Property Tax Revenues by the Council for such purpose. (iii) Billing and Collection of Special Property Tax. The City shall bill the Special Property Tax in the same manner and at the same time as it bills its real estate taxes. The amount of the Special Property Tax for each tax parcel shall be recorded in the City land records such that the public will have access to its existence. Penalties and interest on delinquent payments of the Special Property Tax shall be charged as provided by law. The Special Property Tax shall be billed and collected on the same dates as the City's real estate taxes. Payments of the Special Property Tax collected by the City shall be segregated from all other funds of the City and may not be used for any other purpose by the City. (iv) Collection of Delinquent Special Property Taxes. The City's customary tax payment enforcement proceedings shall apply to the collection of any delinquent payment of the Special Property Tax except that foreclosure proceedings may be instituted to sell any real property (except for owner-occupied residential property,to which the provisions of Virginia Code Section 58.1-3965 shall apply) when the Special Property Tax for such real property remains unpaid one year from its initial due date in accordance with Virginia Code Section 58.1-3965.2. The City shall pursue the collection of delinquent payments with the same diligence it employs in the collection of the City's general ad valorem real estate taxes, including the commencement of tax foreclosure proceedings to the extent provided by the then-current statutes of the Commonwealth of Virginia. The City agrees that it will provide notice to the CDA of any legal proceedings to be instituted for the collection of delinquent payments of the Special Property Tax. The parties understand and agree that the City's ordinary discretion in this regard allows it to decide not to expend resources to collect de minimis outstanding amounts; provided that the City shall obtain the CDA's consent with respect to waiving collection of any such amounts in excess of$200. The CDA agrees to cooperate with the City in any such enforcement action. Any interest or late payment fees or penalties collected by the City on delinquent payments of the Special Property Tax will be retained by the City. The Developer for itself and its successors and assigns acknowledges that the City may commence foreclosure proceedings for the collection of delinquent payments of the Special Property Tax in accordance with the foregoing provisions. In order to reduce the likelihood of any prolonged foreclosure actions, the Property Owners, as appropriate, shall provide for facilitated service of process with respect to any foreclosure action in respect of any delinquent payments of the Special Property Tax levied in the CDA District and shall waive affirmative defenses to any such foreclosure action pertaining to the formation of the CDA District and its financing structure, including but not limited to the validity of the Bonds, the requirements of the Indenture and the priority of CDA District liens and foreclosure of liens to collect delinquent payments of the Special Property Tax; provided, however, that such waiver shall not be deemed to prevent any Property Owner from asserting in a separate legal action (and not as an affirmative defense in any foreclosure action)a challenge to(A) any levy or collection not made in accordance with the terms of this Memorandum or the Virginia Code or(B) a foreclosure not undertaken in accordance with the City's generally applicable foreclosure procedures. 8 (v) Notice to Subsequent Property Owners. Each Property Owner shall include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of the real property within the CDA District that is subject to the Special Property Tax a disclosure statement that includes a statement of the amount of the Special Property Tax and setting forth the name and address of the CDA Administrator or other location where information regarding the CDA and the Special Property Tax may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying a fee simple interest in any real property within the CDA District that is subject to the Special Property Tax include such disclosure statement. Each Property Owner shall notify the CDA and the CDA Administrator in writing, within ten(10)days after recordation of a deed of conveyance,of the sale of any real property with the CDA District owned by such Property Owner indicating the tax parcel number of the real property sold and the purchaser of the real property. (b) Special Admissions Fee. As contemplated by the Development Agreement and pursuant to Virginia Code Section 1 5.2-5158(A)(6), the CDA shall charge an admission fee of 5.00%to all persons actively participating in sporting events or athletic contests or activities within the CDA District (excluding any such activities at the Entertainment Venue) (the "Special Admissions Fee")commencing on the first day of the Grant Term and for so long as any Bonds or Payment Obligations remain outstanding. As the owner of the taxable real property to be constructed on the land comprising the CDA District, the Developer, on behalf of itself and its successors and assigns,hereby agrees to collect the Special Admissions Fee on behalf of the CDA and to remit such collections to the Trustee,on behalf of the CDA,on a monthly basis and not later than the fifteenth day of the month following the month in which such amounts were collected (such remitted collections,the"Special Admissions Fee Revenues"). The Developer shall provide the CDA, the Trustee and the Administrator such information as may be reasonably requested to verify the amount of Special Admissions Fee Revenues remitted each month. The Developer, on behalf of itself and its successors and assigns, acknowledges that neither the City, the CDA nor the VBDA shall be responsible for collecting the Special Admissions Fee and that the Developer's failure to collect the Special Admission Fee and to remit such collections to the CDA could result in a deficiency in Performance Grant Revenues necessitating collection of the Annual Installments. (c) Performance Grant Payments: Administrative Expense Payments. (i) Timing and Allocation of Payment of Revenues. (A) During Grant Term through Payment of Bonds. Subject to annual appropriation by the Council and the provisions of this Section [4(c)(i)(A)] and Sections [4(c)(i)(C) and (D) and 4(c)(iv)], the Admissions Tax Revenues, the Knight-Wagner Revenues, the Meals Tax Revenues and the Sales Tax Revenues shall be paid by the City to the Trustee, on behalf of the CDA, in the amounts calculated as set forth in Section [4(c)(ii)] below on a quarterly basis and not later than March 1, June 1, September 1 and December 1 (or, in the event such date is not a Business Day, on the next succeeding date that is a Business Day) of each year(each a"Quarterly Payment Date"),beginning on the first Quarterly Payment Date occurring after commencement of the Grant Term and concluding on the earlier of(1) the Quarterly Payment Date occurring immediately after the expiration of the Grant Term and (2)the date as of which all Bonds have been paid in full or provision for their payment in full has been made(the"Final Grant Payment Date"). 9 Subject to the provisions of this Section[4(c)(i)(A)]and Sections[4(c)(i)(C) and(D) and 4(c)(iv)],payments of the Special Admissions Fee Revenues shall be made in accordance with Section [4(b)] above. Subject to provisions of this Section [4(c)(i)(A)] and Sections [4(c)(i)(C) and(D)],payments of the Special Property Tax Revenues shall be made in accordance with Section[4(a)] above. Until the Performance Grant Cap is met or the budgeted annual Administrative Expenses have been fully funded for the current Bond Year, each payment of Performance Grant Revenues shall be allocated in part as a Performance Grant Payment and in part as an Administrative Expense Payment in proportion to the budgeted debt service on the Bonds and the budgeted Administrative Expenses due during such Bond Year in which such payment occurs. Thereafter, any Performance Grant Revenues shall be applied first to fund any unfunded portion of the Performance Grant Payment or any unfunded Administrative Expenses for such Bond Year, as applicable, with such allocated amount constituting part of the Performance Grant Payment or the Administrative Expense Payment, as applicable. Subject to the provision of Section [4(c)(i)(C)], any Performance Grant Revenues in excess of the Performance Grant Cap and not necessary to fund Administrative Expenses in a particular Bond Year shall constitute Excess Revenues to be applied in accordance with Section [4(e)]. (B) Following Payment of Bonds. Following the Final Grant Payment Date, the City, subject to annual appropriation by the Council, shall transfer such portion of the Admissions Tax Revenues,the Knight-Wagner Revenues,the Meals Tax Revenues and the Sales Tax Revenues to the CDA to provide for payment of any accrued and unpaid Administrative Expenses to the extent Special Admissions Fee Revenues are insufficient to pay such Administrative Expenses. The balance of any such revenues shall constitute Excess Revenues to be applied in accordance with Section [4(e)]. Following the Final Grant Payment Date,the CDA shall apply such portion of the Special Admissions Fee Revenues as are necessary to pay any accrued and unpaid Administrative Expenses. The balance of any Special Admissions Fee Revenues shall constitute Excess Revenues to be applied in accordance with Sections [4(d) and(e)]. (C) Special Property Tax Revenues Allocated to Performance Grant Payments and Not Excess Revenues. Notwithstanding any provision herein to the contrary, any Special Property Tax Revenues shall be allocated to Performance Grant Payments and Administrative Expense Payments and shall not constitute part of the Excess Revenues. Any portion of the Performance Grant Payments allocable to Special Property Tax Revenues shall be deemed to be the first dollars transferred from the Performance Grant Payments Account to be applied under the flow of funds provisions of Section 7.2(b) of the Indenture. (D) Repayment of Pre-Stabilization Advances and Administrative Expense Advances;Withholding of Performance Grant Revenues. In accordance with the terms of the Development Agreement and Sections [2(e)] and [4(e)] hereof, Pre- Stabilization Advances and Administrative Expense Advances(to the extent they have not 10 been paid from amounts in the Revenue Stabilization Fund as provided in Section [2(e)]) shall be repaid from Excess Revenues and certain other funds. In the event that any Pre- Stabilization Advances or Administrative Expense Advances remain outstanding at the end of the seventeenth (17th) year of the Grant Term, such Pre-Stabilization Advances and Administrative Expense Advances shall be repaid from Performance Grant Revenues during years 18, 19 and 20 of the Grant Term, and the City, in its sole discretion, shall determine the amount of Performance Grant Revenues to be withheld from the Performance Grant Payments in each of the remaining three years of the Grant Term to repay the Pre-Stabilization Advances and the Administrative Expense Advances but in no event more than the unreimbursed portions of the Pre-Stabilization Advances and the Administrative Expense Advances. In the event that the amount to be withheld from the Performance Grant Payments necessitates withholding some or all of the Special Admissions Fee Revenues, the [Developer] shall transfer the applicable portion of the Special Admissions Fee Revenues to the City to be applied for such purpose. (ii) Calculation of Performance Grant Revenues. The Performance Grant Revenues available for transfer to the Trustee as of each Quarterly Payment Date shall be determined as follows: (A) On each March 1, the following amounts shall constitute the Performance Grant Revenues available for transfer to the Trustee:(1)Meals Tax Revenues, Admission Tax Revenues and Special Admissions Fee Revenues comprising collections from the preceding November, December and January and (2) Sales Tax Revenues and Knight-Wagner Revenues comprising collections from the preceding October, November and December. (B) On each June 1, the following amounts shall constitute the Performance Grant Revenues available for transfer to the Trustee:(1)Meals Tax Revenues, Admission Tax Revenues and Special Admissions Fee Revenues comprising collections from the preceding February, March and April and (2) Sales Tax Revenues and Knight- Wagner Revenues comprising collections from the preceding January, February and March. (C) On each September 1, the following amounts shall constitute the Performance Grant Revenues available for transfer to the Trustee:(1)Meals Tax Revenues, Admission Tax Revenues and Special Admissions Fee Revenues comprising collections from the preceding May, June and July and (2) Sales Tax Revenues and Knight-Wagner Revenues comprising collections from the preceding April, May and June. (D) On each December 1, the following amounts shall constitute the Performance Grant Revenues available for transfer to the Trustee: (1)Meals Tax Revenues, Admission Tax Revenues and Special Admissions Fee Revenues comprising collections from the preceding August, September and October and (2) Sales Tax Revenues and Knight-Wagner Revenues comprising collections from the preceding July, August and September. (iii) Budgeting. The City Manager, or other such officer responsible for preparing the City's budget, shall (A) include in the City's budget for each fiscal year an amount 11 equal to the estimated amount of Performance Grant Payments and Administrative Expense Payments to be made in such fiscal year and (B) provide notice of such budgeted amount to the CDA Administrator. (iv) Assignment; Payment by City. Subject to annual appropriation by the Council, the City assigns to the CDA all of its right, title and interest in the Performance Grant Payments and the Administrative Expense Payments (except such portion thereof as may be withheld by the City pursuant to Section [5(b)]), and the City agrees to pay such amounts to or at the direction of the CDA as set forth herein. The City agrees to make all payments of the Performance Grant Payments and the Administrative Expense Payments (excluding such portion thereof as may be withheld by the City pursuant to Section [5(b)] and any Special Admissions Fee Revenues, which are to be transferred directly by the Developer as set forth in Sections [4(b) and (c)(i)(A)]) to the CDA directly to the Trustee for the Bonds so long as any Bonds remain outstanding. Although it is the City's intention to make such payments in each fiscal year, the City's obligations hereunder are subject to appropriation each year by the Council and do not constitute a general obligation of the City or a pledge of its full faith and credit. (d) Transfer of Excess Special Admissions Fee Revenues. To the extent any Special Admissions Fee Revenues constitute Excess Revenues,the CDA shall transfer such excess Special Admissions Fee Revenues to the City to be applied in accordance with Section [4(e)]. (e) Application of Excess Revenues. Subject to annual appropriation by the Council, the Excess Revenues shall be applied in accordance with the terms of the Development Agreement; provided,however,that(i)any amounts intended to be applied to repay Pre-Stabilization Advances pursuant to the Development Agreement shall be applied to repay any Pre-Stabilization Advances and Administrative Expense Advances pro rata based on the respective remaining balances of the Pre-Stabilization Advances and the Administrative Expense Advances and (ii) any amounts available to be applied to replenish the TIP Fund for purposes other than repayment of Pre- Stabilization Advances may be applied to pay the outstanding principal of the Payment Obligations. 5. Special Assessment; Supplemental Special Property Tax; Administrative Expenses. (a) Special Assessment; Supplemental Special Property Tax. (i) Request for Collection of Annual Installment of Special Assessment. Not later than March 1 of each year, commencing in 2023, the CDA shall request the City to collect annual installments (the "Annual Installments") of a special assessment (the "Special Assessment") within the CDA District pursuant to Virginia Code Section 15.2-5158(A)(5) in an amount to be determined in accordance with the Rate and Method, which amount may be zero for a particular collection date to the extent that (A) there are sufficient funds available under the Indenture to pay(1)debt service due on the Bonds on the applicable February 1 and August 1 and (2) accrued and unpaid Administrative Expenses on the applicable February 1 and August 1 and (B)no Special Assessment Revenues are needed to (1) replenish prior draws on the Debt Service Reserve Fund or (2) pay any arbitrage rebate liability with respect to the Bonds. In making the above request, the CDA shall provide such information as the City may request to enable it to collect the Annual Installments. The Annual Installments shall be collected semiannually on the 12 due dates for real property taxes, and each semiannual portion thereof shall be in an amount equal to(W)the debt service due on the Bonds on the applicable February 1 or August 1 that immediately follows such due date plus(X)the accrued and unpaid Administrative Expenses for the applicable Bond Year,if any,plus(Y)the amount needed to(1)replenish any prior draws on the Debt Service Reserve Fund and(2)pay any arbitrage rebate liability with respect to the Bonds less(Z)the funds then available under the Indenture for the payment of such debt service and Administrative Expenses (including but not limited to Pre-Stabilization Advances, Performance Grant Payments and Administrative Expense Payments received by the Trustee and funds on deposit in the Revenue Stabilization Fund and the Capitalized Interest Account), all as more fully described in the Rate and Method. (ii) City's Agreement with respect to Special Assessment; Assignment. Following receipt of the CDA's request pursuant to clause (i) above, the City Manager shall ask the Council to approve the collection of the applicable Annual Installment; it being understood that the collection of each Annual Installment shall be made only to the extent that (A) the Performance Grant Payments and the Administrative Expense Payments made pursuant to this Memorandum in the applicable fiscal year, together with other funds on deposit under the Indenture and certain other funds made available as described in Sections [2(c)(iv) and (v)], are insufficient to pay the debt service due on the Bonds and the Administrative Expenses in such fiscal year and (B) the Special Assessment Revenues are needed to (1) replenish any prior draws on the Debt Service Reserve Fund and (2) pay any arbitrage rebate liability with respect to the Bonds. So long as any Bonds remain outstanding and subject to annual appropriation by the Council, the City shall collect the Annual Installments and pay the amounts received thereunder to the Trustee on behalf of the CDA (the "Special Assessment Revenues"). The City assigns all of its right, title and interest in the Annual Installments and the Special Assessment Revenues to the CDA (except such portion thereof as may be withheld by the City pursuant to Section [5(b)]). The Annual Installments assigned by the City include any payments from foreclosures, less costs of collection, and exclude amounts retained by the City in satisfaction of its portion of the Administrative Expenses (as described in Section [5(b)] below) and any interest or late payment fees or penalties retained by the City(as described in Section [5(a)(vi)]). The CDA, in turn, will assign all of its right, title and interest in the Annual Installments and the Special Assessment Revenues to the Trustee, who will use the moneys received, except for amounts allocated for Administrative Expenses, to pay debt service on the Bonds, replenish the Debt Service Reserve Fund and pay any arbitrage rebate liability with respect to the Bonds before forwarding any remainder to the CDA, and the City shall make all such payments directly to the Trustee on behalf of the CDA. The City's obligation to make payments of the Special Assessment Revenues to the Trustee on behalf of the CDA shall not be deemed to be a general obligation of the City, shall be payable solely from payments of the Annual Installments received by the City and shall be subject to and dependent on appropriations being made from time to time of the Special Assessment Revenues by the Council for such purpose. (iii) Property Owners'Agreement with Respect to Assessment. In accordance with Virginia Code Sections 15.2-5158(A)(5)and 15.2-2405,the parties hereto agree to the Special Assessment to be levied, apportioned and collected in accordance with this Memorandum and the Rate and Method, which is incorporated as though set forth fully herein. As the owner of the taxable real property to be constructed on the land comprising the CDA District,the Developer for 13 itself and its successors and assigns (collectively, in such capacity, the "Property Owners") represents and agrees that the Special Assessment, as apportioned pursuant to the Rate and Method, does not exceed the peculiar benefit to the assessed property resulting from the Improvements, is apportioned to the taxable property within the CDA District on a rational basis and otherwise meets the requirements of Virginia Code Sections 15.2-2404 et seq. and 15.2- 5158(A)(5). (iv) Supplemental Special Property Tax. In the event the Special Assessment is determined to be legally unenforceable in a final decree by a court of competent jurisdiction, the City may levy a supplemental special property tax pursuant to Virginia Code Section 15.2- 5158(A)(3) in accordance with the provisions of this Memorandum (the "Supplemental Special Property Tax"). In such event, not later than March 1 of each year, commencing on the March 1 immediately following such a final decree,the CDA will request that the City levy and collect the Supplemental Special Property Tax at such rate, subject to the limitations of this Memorandum, as the City determines is necessary to meet any deficiency in Performance Grant Payments and Administrative Expense Payments,to replenish any draws on the Debt Service Reserve Fund and to pay any arbitrage rebate amount with respect to the Bonds as described in Sections [5(a)(i) and (ii)] above, provided, however, that any assessment, levy and collection of the Supplemental Special Property Tax as a result of such request and any payment of revenues realized therefrom (the "Supplemental Special Property Tax Revenues") are solely at the discretion of and subject to annual appropriation by the Council. Pursuant to Virginia Code Section 15.2-5158(A)(3), the VBDA on behalf of itself and its successors and assigns, affirm that it is the sole owner of all real property within the CDA District at the time of execution of this Memorandum and,as such,hereby irrevocably requests that for any tax year the maximum rate of the Supplemental Special Property Tax be set in excess of$0.25 per $100 of assessed fair market value of any taxable real estate or the assessable value of taxable leasehold property, to the extent that a rate in excess thereof is reasonably determined to be necessary to provide Supplemental Special Property Tax Revenues sufficient to replace (but in no event exceed)the Special Assessment Revenues expected to have been derived from the levy of the Special Assessment as contemplated by this Memorandum. As the owner of the taxable real property to be constructed on the land comprising the CDA District, the Developer, on behalf of itself and its successors and assigns, hereby acknowledges and irrevocably agrees to the request made by the VBDA in the preceding sentence. If the Special Assessment is determined to be unenforceable as provided herein, then any and all references in this Memorandum to the Special Assessment as a revenue source shall mean the Supplemental Special Property Tax. The City's obligation to make payments of the Supplemental Special Property Tax Revenues to the Trustee on behalf of the CDA shall not be deemed to be a general obligation of the City and shall be payable solely from actual payments of the Supplemental Special Property Tax received by the City and shall be subject to and dependent on appropriations being made from time to time of the Supplemental Special Property Tax Revenues by the Council for such purpose. (v) Billing and Collection of Annual Installments and Supplemental Special Property Tax. The City shall bill the Annual Installments or, if applicable, the Supplemental Special Property Tax, to the extent Performance Grant Payments and Administrative Expense Payments are insufficient to timely pay debt service on the Bonds and Administrative Expenses, respectively, in the same manner and at the same time as it bills its real estate taxes. The amount of the Annual Installments for each tax parcel shall be recorded in the City land records such that 14 the public will have access to its existence. Penalties and interest on delinquent payments of the Annual Installments (or, if applicable, the Supplemental Special Property Tax shall be charged as provided by law. The Annual Installments or, if applicable, the Supplemental Special Property Tax shall be billed and collected on the same dates as the City's real estate taxes. Payments of the Annual Installment or, if applicable, the Supplemental Special Property Tax collected by the City shall be segregated from all other funds of the City and may not be used for any other purpose by the City. (vi) Collection of Delinquent Assessments and Supplemental Special Property Taxes. The City's customary tax payment enforcement proceedings shall apply to the collection of any delinquent payment of the Annual Installments or the Supplemental Special Property Tax except that foreclosure proceedings may be instituted to sell any real property(except for owner- occupied residential property, to which the provisions of Virginia Code Section 58.1-3965 shall apply) when the Annual Installment or the Supplemental Special Property Tax for such real property remains unpaid one year from its initial due date in accordance with Virginia Code Section 58.1-3965.2. The City shall pursue the collection of delinquent payments with the same diligence it employs in the collection of the City's general ad valorem real estate taxes, including the commencement of tax foreclosure proceedings to the extent provided by the then-current statutes of the Commonwealth of Virginia. The City agrees that it will provide notice to the CDA of any legal proceedings to be instituted for the collection of any delinquent payments of the Annual Installments or the Supplemental Special Property Tax. The parties understand and agree that the City's ordinary discretion in this regard allows it to decide not to expend resources to collect de minimis outstanding amounts; provided that the City shall obtain the CDA's consent with respect to waiving collection of any such amounts in excess of$200. The CDA agrees to cooperate with the City in any such enforcement action. Any interest or late payment fees or penalties collected by the City on delinquent payments of the Annual Installments or the Supplemental Special Property Tax will be retained by the City. The Developer for itself and its successors and assigns acknowledges that the City may commence foreclosure proceedings for the collection of delinquent payments of the Annual Installments or the Supplemental Special Property Tax in accordance with the foregoing provisions. In order to reduce the likelihood of any prolonged foreclosure actions, the Property Owners, as appropriate, shall provide for facilitated service of process with respect to any foreclosure action in respect of any delinquent payments of the Annual Installments or the Supplemental Special Property Tax levied in the CDA District and shall waive affirmative defenses to any such foreclosure action pertaining to the formation of the CDA District and its financing structure, including but not limited to the apportionment of the Special Assessment provided for in the Rate and Method, the amount of the Supplemental Special Property Tax, the validity of the Bonds,the requirements of the Indenture and the priority of CDA District liens and foreclosure of liens to collect delinquent payments of the Annual Installments and the Supplemental Special Property Tax; provided, however, that such waiver shall not be deemed to prevent any Property Owner from asserting in a separate legal action (and not as an affirmative defense in any foreclosure action)a challenge to(A) any levy or collection not made in accordance with the terms of this Memorandum,the Rate and Method or the Virginia Code or(B)a foreclosure not undertaken in accordance with the City's generally applicable foreclosure procedures. 15 (vii) Priority of Rate and Method. In the event of any conflict between the provisions of this Section [5(a)] and the provisions of the Rate and Method, the provisions of the Rate and Method shall control. (b) Administrative Expenses. The CDA shall reimburse the City for its reasonable costs and expenses associated with the CDA, including but not limited to the administration and collection of the Performance Grant Revenues, any Special Assessment Revenues and any Supplemental Special Property Tax Revenues. As provided in the Indenture, the CDA will maintain with the Trustee an Administrative Expense Fund, and the Trustee will deposit in such fund sufficient money to pay the Trustee's fees and the CDA's and the City's administrative expenses, including but not limited to the fees of their respective counsel, the cost of the CDA's audit and the fees of the CDA Administrator (collectively, the "Administrative Expenses"); provided that (i) any costs previously incurred and paid by the VBDA or the City in connection with the establishment of the CDA or paid or incurred by the City pursuant to Section[2(e)] above shall be reimbursed from the first amounts deposited to the Revenue Stabilization Fund and (ii) the City may deduct its portion of the Administrative Expenses from the Administrative Expense Payments (or the payments of Special Assessment Revenues or Supplemental Special Property Tax Revenues in lieu thereof)made to the Trustee. In addition to its portion of the Administrative Expenses, the City shall be entitled to recover any additional costs incurred by the City in conjunction with any and all proceedings to collect the amounts payable to the CDA hereunder, including tax foreclosure, administrative and other proceedings. (c) Notice to Subsequent Property Owners. Each Property Owner shall include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of the real property within the CDA District that is subject to an outstanding Special Assessment or the Supplemental Special Property Tax a disclosure statement that includes a statement of the amount of the applicable portion of the Special Assessment and the Supplemental Special Property Tax and setting forth the name and address of the CDA Administrator or other location where information regarding the CDA, the Special Assessment and the Supplemental Special Property Tax may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying a fee simple interest in any real property within the CDA District that is subject to an outstanding Special Assessment or the Supplemental Special Property Tax include such disclosure statement. Each Property Owner shall notify the CDA and the CDA Administrator in writing, within ten (10) days after recordation of a deed of conveyance, of the sale of any real property within the CDA District owned by such Property Owner indicating the tax parcel number of the real property sold and the purchaser of the real property. 6. Exclusion of EV Unit from CDA District. As contemplated in the Petition and the CDA Ordinance,the EV Unit shall be excluded from the CDA District as of the effective date of this Memorandum. 7. Additional Covenants. (a) Public Ownership of Improvements. The Developer, the City, the VBDA and the CDA agree that all Improvements financed with proceeds of the Bonds or Payment Obligations will be conveyed to the City,the CDA or other appropriate public entity or that the City,the CDA or other appropriate public entity will have a long term-interest in such improvements via a lease, an easement or other property right. The Developer, the City, the VBDA and the CDA further 16 agree that the City shall not be required to undertake ownership, operation or maintenance of any improvements unless the City agrees to such undertaking. (b) Bonds and Payment Obligations Not Secured by City's Full Faith and Credit. Neither the Bonds nor the Payment Obligations will constitute a debt or a pledge of the full faith and credit of the City or impose any liability on the City. The documents pursuant to which the Bonds will be issued and sold will contain a statement to such effect in form satisfactory to the City. (c) CDA Administrator: Financial Reports. The CDA will engage a professional administrator(the"CDA Administrator")to oversee its financial affairs and shall obtain an annual report of the CDA's finances from the CDA Administrator. Copies of such financial report and all other reports required by the Trustee for the Bonds and the owners of the Bonds shall be furnished to the City Manager as soon as they are available to the CDA. The CDA will provide draft annual financial statements to the City by September 15 and audited financial statements to the City by October 15 of each year prepared in accordance with generally accepted accounting principles. Unless otherwise approved by the City, the CDA's audited financial statements will be audited by the auditor engaged by the City to audit the City's financial statements. The fiscal year of the CDA shall be from July 1 through June 30. (d) Assets upon Dissolution. Upon dissolution of the CDA,any assets of the CDA not previously conveyed to another governmental entity shall be transferred to or at the direction of the City. 8. Approved Budget and Notice of Appropriation. The City shall furnish to the Developer, the CDA, the CDA Administrator and the Trustee as soon as available a copy of the approved budget of the City for the next succeeding fiscal year of the City. The City Manager shall deliver to the CDA, the CDA Administrator and the Trustee within 10 days after the beginning of each of the City's fiscal years a written notice specifying the amounts appropriated by the Council to, or on behalf of, the CDA during such fiscal year. 9. Conditions to Issuance of Initial Series of Bonds. The CDA and the Developer agree that the initial series of Bonds shall not be issued until the following conditions have been satisfied: (a) [TO BE COMPLETED]. 10. Approval by City. Any approval or consent required of the City under this Memorandum may be given by the City Manager or such officer's designee unless action by the Council is expressly required. 11. Successors and Assigns. This Memorandum shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 12. Trustee as Third-Party Beneficiary. The Trustee shall be a third-party beneficiary of Sections 1 through 7 of this Memorandum on behalf of the holders of the Bonds issued under the Indenture and shall be entitled to enforce, on behalf of such holders, all of the obligations and rights of the parties hereto in such Sections to the same extent as if the Trustee 17 were one of the contracting parties,but subject to the limitations on the Trustee's liability set forth in the Indenture. 13. Amendments. Subject to the limitations set forth in the Indenture, this Memorandum may be amended only in writing signed by each of the parties hereto or their successors and assigns. 14. Priority in Event of Conflict with Development Agreement. In the event of any conflict between the provisions of this Memorandum or the Indenture, as applicable, and the provisions of the Development Agreement, the provisions of this Memorandum or the Indenture, as applicable, shall control. 15. Term. This Memorandum shall be in full force and effect until all Bonds and Payment Obligations have been paid in full or provision for their payment in full has been made. 16. Severability. If any clause,provision or section of this Memorandum is held to be illegal or invalid by any court,the invalidity of the clause,provision or section shall not affect any of the remaining clauses, provisions or sections, and this Memorandum shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. 17. Counterparts. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 18. Recitals. The recitals set forth at the beginning of this Memorandum are incorporated into and made a part of this Memorandum as though they were fully set forth in this Section [18] and constitute representations and understandings of the parties hereto. 19. Governing Law and Venue. This Memorandum shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law rules. Any action or dispute arising out of this Memorandum that cannot be resolved among the parties shall be resolved in the City of Virginia Beach Circuit Court or in the United States District Court, Eastern District of Virginia,Norfolk Division, and in no other forum. 20. Notices. Any notice, request or other deliveries required to be given hereunder shall be deemed given if sent by registered or certified mail, or overnight delivery service,postage prepaid, addressed to the following addresses: City: City Manager City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Phone: [ ] with a copy to: City Attorney City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive 18 Virginia Beach, Virginia 23456 Phone: [ VBDA: City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, Virginia 23462 Attention: Chair Phone: [ _ with a copy to: City Attorney City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Phone: [ CDA: Atlantic Park Community Development Authority c/o [ Phone: [— with a copy to: City Attorney City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Phone: [ Developer: Atlantic Park, Inc. 1081 19th Street, Suite 202 Virginia Beach, Virginia 23451 Attention: Michael A. Culpepper Phone: [ 1 Any party may designate any other addresses for notices or requests or other deliveries by giving notice under this Section [20]. 19 WITNESS the following signatures. CITY OF VIRGINIA BEACH, VIRGINIA By: Name: Title: ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY By: Name: Title: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Name: Title: ATLANTIC PARK, INC. By: Name: Title: [Signature Page to Memorandum of Understanding] Exhibit A—Description of Improvements Exhibits B-1 and B-2—Ordinance Creating CDA and Amending Ordinance Exhibit C—Rate and Method of Apportionment of Special Assessment 022764.0000279 EMF_US 90638969v10 rrs.c.,-iras,:, ,,.......r.„.....0 f‘ci., .,.....iv, iuts.::....0.:01t.c. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 23, Article II of the City Code, Pertaining to Noise MEETING DATE: October 18, 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 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 was 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." It also incorporates other clarifying changes 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: Proposed amendments to the noise ordinance were briefed during the City Council Workshop on May 24, 2022. The ordinance was posted on the City's website with 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, and copies of the comments received during that community meeting were provided to the City Council. On July 12, 2022, the City Council deferred this item to October 18, 2022, to allow for additional public engagement. Citizens and stakeholders have provided additional comments and input via an online survey that opened on September 12 and closed on September 30, 2022. The sponsoring councilmembers are going to hold two facilitated community meetings to review the submitted suggestions and to enable members of the public to provide additional feedback. Because these meetings are planned for November 10, the sponsors intend to request deferral of this ordinance to a later date. REQUESTED BY COUNCILMEMBERS TOWER AND MOSS rray�� tiyi fr6( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,000,000 to the City of Virginia Beach Development Authority for Roof Repairs and Renovations for the Amphitheater MEETING DATE: October 18, 2022 • Background: The Virginia Beach Amphitheater (the "Amphitheater") opened in May 1996. The Virginia Beach Development Authority (the "VBDA") leases the Amphitheater property (96.81 acres) from the City and subleases the land to Live Nation to operate an outdoor amphitheater developed by the Authority and Live Nation. As a part of the sublease agreement, maintenance related projects are cost shared 56% Authority and 44% Live Nation. An annual appropriation of $200,000 is provided each year within Capital Project#100456, "Virginia Beach Amphitheater Capital Maintenance," (District 2) to cover the VBDA's portion of these costs. Live Nation has experienced significant revenue loss due to the pandemic and, as result, maintenance efforts were delayed. The capital project has a current funds available balance of $680,934. After a successful summer season, Live Nation is looking to move forward with smaller capital maintenance projects that will fully obligate the funds available within this capital project. Additionally, Live Nation has identified several other capital repair/maintenance needs that total $1,000,000. These capital investments include the replacement of the roof, generators, HVAC systems throughout the facility, and installation of LED lighting in the parking lot. The Amphitheater is 26 years old, and many of these facility components are at the end of their useful life expectancy. Live Nation requests the appropriation of $1,000,000 to begin this work during the offseason, which begins in October. This item was deferred at the October 4, 2022, meeting of the City Council. The action item for this, the October 18, 2022, meeting includes the funding source offered by Councilmember Moss in an alternative ordinance distributed at the October 4th meeting. Councilmember Branch has signed onto this funding approach, so the attached ordinance is presented with two co-sponsors. • Considerations: The existing sublease agreement requires capital expenses in excess of$5,000 to be the responsibility of the landlord, the VBDA. Acting on this request now allows the work to be undertaken during the Amphitheater's offseason. Deferral of this request until the next budget process would delay availability of funding until the middle of the next concert season. The proposed funding of $1,000,000 is the fund balance of the TIP Fund. The TIP Fund receives 100% of the admissions taxes, so this source it aligned with a large portion of City revenues generated at the Amphitheater. ■ Public Information: Normal City Council process. This item was previously on the City Council's agenda at the October 4, 2022, meeting. ■ Attachments: Ordinance REQUESTED BY COUNCILMEMBERS BRANCH AND MOSS REQUESTED BY COUNCILMEMBERS BRANCH AND MOSS 1 AN ORDINANCE TO APPROPRIATE $1,000,000 TO THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 FOR ROOF REPAIRS AND RENOVATIONS FOR THE 4 AMPHITHEATER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,000,000 is hereby appropriated from the fund balance of the TIP Fund to the 10 City of Virginia Beach Development Authority for roof repairs and renovations at the 11 Amphitheater. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 47A,AA BUdget and Management S rvices - s CA15935 R-2(Moss &Branch Co-sponsors) October 10, 2022 rorre ) 4'l r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Virginia Beach Cannabis Advisory Task Force MEETING DATE: October 18, 2022 • Background: As of July 1, 2021, due to legislation approved by the Virginia General Assembly, adults in Virginia who are 21 or older may lawfully possess up to one ounce of recreational marijuana, or cannabis, and cultivate a small number of marijuana plants in their home. Certain other laws regarding cannabis, including prohibitions against smoking marijuana in public or in a vehicle while driving or while a passenger, remain in effect. The General Assembly has not yet approved legislation to authorize retail sales of cannabis, but it may do so in the future. Given these changes to the law with respect to cannabis and their impacts on the City and its residents and visitors, the City Council believes it would be helpful to receive recommendations from a task force composed of subject-matter experts and stakeholders, as well as citizen representatives. The attached resolution establishes the Virginia Beach Cannabis Advisory Task Force with the following membership: a City Council member; a Resort Advisory Commission representative; a Resort Business Professional; a Commercial Real Estate Professional; a Healthcare Professional; a Minority Business Council representative; two Cannabis Industry representatives; a Planning Department representative; an Economic Development representative; a member from law enforcement; a civic league representative; a representative from Virginia Beach City Public Schools; and three citizens from across the City. • Considerations: The resolution provides that goals of the task force shall be: to review state and federal laws related to cannabis consumption, sale and manufacture; to make recommendations of best practices related to zoning and other policies to ensure the public safety and quality of life of residents and visitors; to gather public input on the issue; and to perform any additional duties assigned by the City Council. The resolution provides that the task force will report back to the City Council with its recommendations. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachment: Resolution. Requested by Councilmembers Berlucchi and Tower REQUESTED BY COUNCILMEMBERS BERLUCCHI AND TOWER 1 A RESOLUTION ESTABLISHING A VIRGINIA BEACH 2 CANNABIS ADVISORY TASK FORCE 3 4 WHEREAS, as of July 1, 2021, due to legislation approved by the Virginia General 5 Assembly, adults in Virginia who are 21 or older may lawfully possess up to one ounce 6 of recreational marijuana, or cannabis, and cultivate a small number of marijuana plants 7 in their home; 8 9 WHEREAS, certain other laws regarding cannabis, including prohibitions against 10 smoking marijuana in public or in a vehicle while driving or while a passenger, remain in 11 effect; 12 13 WHEREAS, the General Assembly has not yet approved legislation to authorize 14 retail sales of cannabis, but it may do so in the future; 15 16 WHEREAS, given the changes in law already approved and potential changes that 17 may be forthcoming, the City Council believes it would be helpful to receive 18 recommendations from a task force composed of subject-matter experts and 19 stakeholders, as well as citizen representatives. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby establishes the Virginia Beach Cannabis 25 Advisory Task Force. 26 27 2. That the task force shall serve in an advisory capacity to the City Council, 28 and shall consist of sixteen members, including: 29 30 • A City Council member; 31 • A Resort Advisory Commission representative; 32 • A resort business professional; 33 • A commercial real estate professional; 34 • A healthcare professional; 35 • A Minority Business Council representative; 36 • Two cannabis industry representatives; 37 • A Planning Department representative; 38 • An Economic Development representative; 39 • A member from law enforcement; 40 • A civic league representative; 41 • A representative from Virginia Beach City Public Schools; and, 42 • Three citizens from across the City. 43 3. That the goals of the task force shall be: to review state and federal laws 44 related to cannabis consumption, sale and manufacture; to make recommendations of 43 3. That the goals of the task force shall be: to review state and federal laws 44 related to cannabis consumption, sale and manufacture; to make recommendations of 45 best practices related to zoning and other policies to protect the public safety and quality 46 of life of residents and visitors; to gather public input on the issue; and to perform any 47 additional duties assigned to the Task Force by the City Council. 48 49 4. That the task force shall report back to the City Council with its 50 recommendations. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA15950 R-2 October 12, 2022 c-a r ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve the School Board's Entry into an Interim Agreement for Design Work for Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School MEETING DATE: October 18, 2022 • Background: The Public-Private Education Facilities and Infrastructure Act of 2002, Virginia Code §§ 56-575.1, et seq. (the "PPEA"), grants public entities the authority to create public-private partnerships for the development of a wide range of projects including educational facilities. The PPEA is intended to allow for timelier and more cost- effective procurement of such facilities. For purposes of the PPEA, the School Board meets the definition of "public entity" and "responsible public entity." The School Board has adopted procedures for the receipt, evaluation, and award of a PPEA project. These procedures are set forth in School Board Policy 3-71. The Virginia Beach City Public Schools (the "VBCPS") received an unsolicited proposal for the design and construction of Princess Anne High School, B.F. Williams/Bayside 6th and Bayside High School (the "Projects"). Following the required procedures under the PPEA, the School Board accepted the unsolicited proposal and solicited competing conceptual proposals. After review of two conceptual proposals, the VBCPS requested detailed proposals from the two firms that submitted conceptual proposals. After review of the detailed proposals, the VBCPS negotiated an Interim Agreement with the preferred proposer, S.B. Ballard Construction Company. The proposed Interim Agreement, approved by the School Board on August 9, 2022, will provide a twelve-month performance period to develop 30% design documents for the Projects. The Interim Agreement is in an amount not to exceed $15,404,544, which is 55% of the total design budget of the three schools and 3.6% of the total budget for the Projects. The $15.4 million needed for this process is already appropriated within the three projects, meaning that the School Board is not requesting additional funding at this time. Project Name Estimate 1-105 Princess Anne High School Replacement 162,650,000 1-028 B.F. Williams ES/Bayside 6th Replacement 68,387,500 1-029 Bayside High School Replacement 197,700,000 Total $428,737,500 Currently School Board is not requesting the City Council approve a comprehensive agreement. The Interim Agreement will allow the School Board and VBCPS staff the opportunity to evaluate the merits of a possible comprehensive agreement using advanced design and to develop a funding plan for the debt service associated the Projects. This item was deferred from the September 6, 2022, agenda to the October 18, 2022, City Council meeting. • Considerations: When a public entity is a school board, the PPEA requires the local governing body to approve the entry into an interim or comprehensive agreement. The proposed Interim Agreement does not require the entry into a comprehensive agreement. Should the School Board and VBCPS staff not wish to move forward with the Projects at the conclusion of the Interim Agreement, the VBCPS would retain ownership of the design documents, which could be used to develop a traditional design-bid-build procurement for construction of the schools. Should the School Board and VBCPS staff desire to proceed with a comprehensive agreement, this request would include a request for the City Council to accelerate $100 million in bonding authority to allow award of the comprehensive agreement. The proposed timeline if the School Board proceeds with a comprehensive agreement would open the three schools sooner than the current CIP timeline. Princess Anne High School would open one year sooner, Bettie Williams would open three years sooner, and Bayside two years sooner. Each of these three projects are currently within the approved six-year Capital Improvement Program (CIP); however, Bayside High School is not fully funded within the six-year period. Therefore, a future request to approve a comprehensive agreement will likely include a request for additional funding of approximately$100 million within the then six-year CIP. Much like the approval of the Interim Agreement, the City Council would need to approve a comprehensive agreement prior to execution of such an agreement by the VBCPS. • Public Information: On June 28th VBCPS staff briefed the School Board and held a public hearing. On July 5th, VBCPS staff briefed City Council on this process. On August 9th the School Board adopted their resolution approving the agreement, and VBCPS briefed City Council to provide additional details at the August 16th Informal Session. This item was deferred at the September 6, 2022, meeting to October 18, 2022. • Attachments: Resolution, School Board Resolution REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH, AND 5 BAYSIDE HIGH SCHOOL 6 7 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 8 Board received an unsolicited proposal for the design and construction of Princess Anne 9 High School, B.F. Williams/Bayside 6t1, and Bayside High School (the "Projects"); 10 11 WHEREAS, following the required procedures under the Virginia Public-Private 12 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the unsolicited 13 proposal and solicited competing conceptual proposals; 14 15 WHEREAS, after review of two conceptual proposals, the VBCPS requested 16 detailed proposals from the two firms that submitted conceptual proposals; 17 18 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 19 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 20 21 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 22 days and held a public hearing; 23 24 WHEREAS, the proposed Interim Agreement will advance design of the Projects 25 over the next twelve months, which should also allow the development of a proposed 26 comprehensive agreement, for the Projects with a not-to-exceed cost of $15,404,544; 27 28 WHEREAS, the School Board approved the Interim Agreement at its August 9, 29 2022, meeting; and 30 31 WHEREAS, the PPEA requires a school board obtain approval from the local 32 governing body prior to entry into an interim or comprehensive agreement; 33 34 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA. THAT: 36 37 The City Council hereby approves the School Board's entry into the Proposed 38 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED'`AS TO LEGAL SUFFICIENCY: O Cit orn s O ice CA15878 / R-1 /August 24, 2022 VIRGINIA BEACH CITY PUBLIC SCHOOLS 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 arge District 6- Beach District 2 Kf mpsv I e Dorothy M.Holtz Laura K. Hughes Victoria C.Manning At large At Large _ At-Large Jessica Jessica L.Owens Trenace B Riggs Carolyn D.Weems D•strict 3-Rise Hal District 1-Centerville Dist'r_!4 Bayside Aaron C.Spence,Ed.D Superintendent A RESOLUTION TO APPROVE THE SCHOOL BOARD'S ENTRY INTO AN INTERIM AGREEMENT FOR DESIGN WORK FOR PRINCESS ANNE HIGH SCHOOL,B.F.WILLIAMS/BAYSIDE 6TH,AND BAYSIDE HIGH SCHOOL WHEREAS,the School Board of the City of Virginia Beach,Virginia(hereinafter"School Board")received an unsolicited proposal for the design and construction of Princess Anne High School,B.F.Williams/Bayside 6th,and Bayside High School (the"Projects"); WHEREAS,following the required procedures under the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA")and School Board Policy 3-71,the School Board accepted the unsolicited proposal and solicited competing conceptual proposals; WHEREAS,after review of two conceptual proposals,the School Board requested detailed proposals from the two firms that submitted conceptual proposals; WHEREAS,after review of the detailed proposals,the School Board negotiated an Interim Agreement with the preferred proposer,S.B.Ballard Constriction Company; WHEREAS,the School Board posted the Interim Agreement for the required 30 days and held a public hearing June 28, 2022; WHEREAS,the proposed Interim Agreement will advance design of the Projects over the next twelve months,which should also allow the development of a proposed comprehensive agreement,for the Projects with a not-to-exceed cost of $15,404,544; WHEREAS,the PPEA requires a school board obtain approval from the local governing body prior to entry into an interim or comprehensive agreement. NOW,THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA.THAT: 1. The School Board determines that entering into the Interim Agreement with S.B. Ballard Construction Company is in the best interest of the School Board and the School Division. 2. That this Resolution and the supporting documents should be sent to the City Council for approval for the School Board to enter into the Proposed Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 3. That,upon approval by the City Council,the Chair or designee is authorized to enter into and/or execute ..•`"``%., any and all documents or take any necessary actions to execute the Proposed Interim Agreement. .• AyQf1 �• c,‘ • ip�, ��,� • ••••�•:�'�` Adopted by the School Board this 9th day of August,2022 I ; • �E ;f•A I "� Carolyn T.Rye,Chia' •• .'ATTEST:gp a. Regina .Toneatto,Clerk of School Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I PO Box 6038 I Virginia Beach Virginia 23456 0038 www.vbschools.com r. [ M. ro si yL .: - % �J� r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize acquisition of property in fee simple for the Euclid Place Pump Station (Replacement of PS-357), CIP 100327 (formerly CIP 6-153), either by agreement or condemnation PUBLIC HEARING: October 4, 2022 MEETING DATE: October 18, 2022 • Background: The City operates a sanitary sewer pump station (Euclid Place PS-357) at the southeast corner of Cleveland Street and Opal Avenue. PS-357 was built in December 1974 and has exceeded its useful life and needs to be replaced. The existing pump station does not have the capacity to handle the projected flows for sewer service area SA-357, which includes the Central Village Plan and the Housing Resource Center. The replacement is time-sensitive due to the limited remaining useful life of PS- 357 as well as the pending Cleveland Street Phase IV Project. The associated underground utility work may impact both projects and the Cleveland Street Phase IV Project scope and schedule will likely require the pump station construction be complete ahead of the roadway construction. The current site housing PS-357 is too small for present and future needs and does not provide room for stormwater management. • Considerations: A site at 111 Opal Avenue (GPIN: 1477-04-4248) (the "Property") has been determined to be the optimal location for the construction of the replacement pump station. However, only a 125' x 60' portion of the Property (approximately 7,500 square feet) will be needed. The Property is currently improved with a cell tower which will not be displaced. The pump station will be constructed on a vacant portion of the Property. The replacement pump station will be constructed as a part of the Pump Station Program VI, CIP 100327 (formerly CIP 6-153). • Public Information: A public hearing will be held on October 4, 2022, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which would delay the construction of the pump station and the Cleveland Street Phase IV Project. • Recommendations: Approval. 4' ■ Attachments: Ordinance and Location Map. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate0 jff/Ar0 City Manager: c 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE EUCLID PLACE PUMP STATION 4 (REPLACEMENT OF PS-357), CIP 100327 5 (FORMERLY CIP 6-153), EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, the existing City pump station known as Euclid Place PS-357 located at 9 the southeast corner of Cleveland Street and Opal Avenue has exceeded its useful life and 10 does not have the capacity to handle the projected flows for the area; 11 12 WHEREAS, the current site is too small for current and future needs, and does not 13 provide room for stormwater management; 14 15 WHEREAS, a 7,500 square foot portion of a site located at 111 Opal Avenue(GPIN: 16 1477-04-4248) (the "Property") has been determined by the Department of Public Utilities 17 to be the optimal location for the construction of a replacement pump station to service the 18 needs of the surrounding area; and 19 20 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 21 public necessity exists for the construction of this important sanitary sewer pump station 22 project to provide continued utility service to the surrounding area, for the preservation of 23 the safety, health, peace, good order, comfort and convenience and for the welfare of the 24 people in the City of Virginia Beach. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 Section 1. That the City Council authorizes the acquisition by purchase or 30 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 31 Code of Virginia of 1950, as amended, of all that certain Property in fee simple, more 32 particularly shown on Exhibit A, attached hereto and made a part hereof, for the purpose of 33 construction of a pump station to replace the Euclid Place PS-357 pump station, to be 34 funded by Pump Station Program VI, CIP 100327 (formerly CIP 6-153). 35 36 Section 2. That the City Manager is hereby authorized to make or cause to be made 37 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 38 offer to the owners or persons having an interest in the Property. If refused, if the property 39 owners are unable to convey clear title, or if the owners cannot be identified or located, the 40 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 41 to condemn to acquire title to the Property. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 , 2022. CA15627 R-1 8/10/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d010\p045\00823255.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM *laWORKS AL ESTATE CI A RNE EXHIBIT A Property Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Approximately Crown Castle GT Company LLC 1477-04-4248 7,500 sq. ft. portion of 111 Opal Avenue, Virginia Beach, Virginia 23462 125' x 60' (±) located at the northern boundary of the Property N 7k r � .o W—�� r /Rwivii 6Fq W S �,s, �.!, ct-Z CLEVELAND ST o w 0 w a w SI TB i- 64 RfNeFss T NFRO B;‹. \` - � Q !, 4/W - - ____ ___ ,„ ,,,,.,, , L i t .t, 1 1 <<\(, , 0 I , 1 1 �O 1 i. _ L \\ > rr—I- - Q Q I 7r j a 0 _. 1 I SOUTHERN'BLVD Legend LOCATION MAP City Property PART OF 111 OPAL AVENUE 1477-04-4248 PART OF GPIN 1477-04-4248 Feet /// Property to be Acquired 0 50 100 200 .. _._..._ _ . ., .. 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' L N — 1 r t ., 4 s . -- f` Q �' r'; ---, -' - --,--,t- .--.v.-0_k . - - t ^^� i C o ,_ y. cu t' ' 1 , 3AV 12S�10a J r.�lA�gp.t S�,\ti -ti CyG.p7 i ►°'a.w.c�r Ltv.' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the Execution of Use Agreements between the City and Individual Property Owners Permitting Use of the City-Owned Lynnhaven Transfer Facility for Private Dredging Projects MEETING DATE: October 18, 2022 ■ Background: Public Works Engineering is requesting approval of a standardized nonexclusive, temporary use agreement between individual property owners and the City of Virginia Beach that will allow those owning property along the waterways in proximity to the Lynnhaven Transfer Facility, located at the Crab Creek Channel of Lynnhaven Inlet, to utilize the facility, under the terms and conditions of the attached summary of terms, to transfer dredged material from the waterway. Users will be required to obtain permits to dredge the waterway and hire a contractor to manage and accomplish individual dredging projects. • Considerations: Adopting this Ordinance will provide property owners in the northern Lynnhaven River basin with a viable method to transfer dredged material from private navigational dredging projects. In 2016, a similar ordinance was adopted that allowed private use of the city owned dredge material transfer site on Thalia Road to serve as a transfer site for the Western Branch Lynnhaven River. Since 2016, six (6) private user projects have been completed at the Thalia site without incident or complaints from adjacent property owners. The duration of private uses has ranged from 1-8 weeks. The Lynnhaven Transfer site would be the second of four planned mechanical dredging transfer stations to serve the Lynnhaven Basin. The third site is located at 2540 Virginia Beach Boulevard that will serve the Eastern Branch Lynnhaven River. A fourth site, location to be determined, would serve the Linkhorn Bay waterway. The Lynnhaven Dredge Material Management Area has been used successfully to support many municipal waterway maintenance and navigation dredging projects since the 1980's. This site has been used to stockpile beach quality sand dredged from Lynnhaven Inlet and Crab Creek and subsequently truck hauled to local beaches for restoration. This ordinance request for private users will not allow the stockpiling of dredged material. All private dredging projects will only utilize the site for the transfer of dredged material from barge to truck for upland disposal. Operational restrictions are included in the summary of terms. This ordinance shall sunset one year from the date of adoption of this ordinance. • Public Information: A staff briefing was provided to the Bayfront Advisory Commission at their July 21st meeting where the BAC voted unanimously to Lynnhaven Transfer Facility Use Agreement Page 2 of 2 endorse the proposed private use of the site. A staff briefing to the Ocean Park Civic League was made on August 4th. A meeting of community leaders and council representatives was held on September 23, 2022 and revisions to the summary of terms were agreed upon. • Attachments: Ordinance; Summary of Terms; Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works Engineerin City Manager: 1 AN ORDINANCE AUTHORIZING THE 2 EXECUTION OF USE AGREEMENTS 3 BETWEEN THE CITY AND INDIVIDUAL 4 PROPERTY OWNERS PERMITTING USE OF 5 THE CITY-OWNED LYNNHAVEN TRANSFER 6 FACILITY FOR PRIVATE DREDGING 7 PROJECTS 8 9 WHEREAS, numerous waterfront property owners in the City of Virginia Beach 10 ("Owners") have expressed interest in hiring private contractors to dredge the waterway 11 adjacent to their properties for the purpose of improving navigation and ecological 12 conditions within such waterway (the "Waterway"); 13 14 WHEREAS, Owners and their proposed contractors do not possess adequate 15 options to transfer the dredged material from the Waterway onto trucks to accomplish 16 proper disposal; 17 18 WHEREAS, the city owns a dredged material transfer facility known as 19 Lynnhaven Transfer Station, a dredged material transfer facility located at the Crab 20 Creek Channel of Lynnhaven Inlet in the vicinity of Lynnhaven Boat Ramp and Beach 21 Facility; 22 23 WHEREAS, Owners have requested permission to use Lynnhaven Transfer 24 Facility to aid in the dredged material disposal process; 25 26 WHEREAS, citizens in the vicinity of the dredged material transfer facility have 27 expressed concern about the disruption to their neighborhood of these transfer 28 operations; and 29 30 WHEREAS, in the opinion of the Council of the City of Virginia Beach, allowing 31 Owners to use the Lynnhaven Transfer Facility for transfer of the dredged materials will 32 be beneficial for the preservation of the safety, health, peace, good order, comfort, 33 convenience, and welfare of the people of the City of Virginia Beach, but shall be limited 34 to a one-year period, starting from the adoption of this Ordinance. 35 36 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Council authorizes the City Manager or his designee for a one year 40 period to execute a Facility Use Agreement for use of the Lynnhaven Transfer Facility, 41 between the City and any such property owner holding a valid permit to conduct 42 dredging of the Waterway, in accordance with the Summary of Terms attached hereto 43 as Exhibit A and made a part hereof, and such other terms, conditions or modifications 44 as may be necessary. 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: 4_ (533& Public Works, Engineering City Attorney's Office CA15764 R-5 September 28, 2022 SUMMARY OF TERMS TEMPORARY NONEXCLUSIVE USE AGREEMENTS FOR LYNNHAVEN TRANSFER FACILITY PARTIES: City of Virginia Beach and Individual Property Owners ("User") PREMISES: Crab Creek Wharf Transfer Facility located at Lynnhaven boat ramp and beach facility TERM: To be determined, based on User applications, but no more than sixty (60) working days RIGHTS AND RESPONSIBILITIES OF THE USER: • Hire a contractor ("Contractor") to develop and manage the dredging and removal process (the "Project") and submit a copy of the contract and Project plans for City approval. Agreement between User and Contractor must bind Contractor to all the provisions of the User Agreement, as applicable. City to be third party beneficiary to Agreement and Contractor's insurance. • Use the Premises for transfer of dredged materials from waterborne vessels to dump trucks to be hauled to a disposal site, and for no other purpose. • Obtain all necessary permits and the dredging and disposal schedule and provide copies to the city and the Bayfront Advisory Commission 2 (two) weeks prior to the commencement of activities. • Contractor will be required to purchase an Erosion and Sediment bond in an amount to be determined by City staff. • Obtain appropriate amount of insurance listing the City as co-insured • User will agree to a Hold-Harmless and Indemnification to the City. • Attend a Pre-construction meeting at the Premises with Public Works Engineering — Water Resources staff prior to commencement of the Project. • Coordinate Project schedule with City staff and provide a final schedule of dredging and disposal activities at least 2 weeks prior to commencement of activity. Such project schedule shall include monitoring of the site, a site safety plan, including truck flow and queuing of trucks and all hauling routes into and out of the site. • Limit operations to daylight hours only between the hours of 7:00 a.m. — 4 p.m., Monday — Friday. Term of use will be a maximum of sixty (60) working days. Operations are prohibited on city holidays and anytime between the Friday before Memorial Day and Labor Day. • Recommended less than thirty (30) truck loads per day. • Maintain Premises during use and restore site to its prior condition upon completion of the Project. The User hereby agrees to provide a site attendant, with work experience in dredging and truck hauling operations acceptable to the City in its sole discretion, on-site at the Transfer Facility at all times during dredged material transfer operations under the terms of this Agreement. The attendant shall keep close and careful watch over the Transfer Facility to detect defects in erosion and sedimentation control measures and provide security surveillance. At all times, the attendant shall be in radio contact with representatives of the Contractor to alert the Contractor of serious conditions which require assistance to control or discontinuance of dredging operations. • The User shall take all precautions that, in the opinion of the City are necessary; to prevent the misplacement or escape of dredged material from the Transfer Facility site. Stockpiling of materials will not be permitted. In the event that defects in erosion and sedimentation control measures are detected, the Contractor will be required to discontinue dredged material transfer operations until such defects are remedied and the misplaced material recovered at the sole expense of the User, to the satisfaction of the City. The Contractor shall take all necessary measures to prevent dropping materials on public roadways. All dredged materials must be off-loaded directly from scow barge to trucks and transported directly to the disposal site. All trucks leaving the site shall be watertight and covered and shall be loaded within legal load capacities. • The contractor shall have no more than 2 (two) loaded barges moored at the Transfer Facility wharf at the same time. • The Contractor is required to utilize flagmen at the intersection of the Transfer Facility access route and LBR&BF parking area to protect vehicular and pedestrian traffic and ensure safety of facility patrons. The Contractor must coordinate with City staff to ensure the proper signage is posted during transfer operations, as directed by the City. RIGHTS AND RESPONSIBILITIES OFTHE CITY: • Review plans, approve Contractor, set Erosion and Sediment bond amount, provide guidelines to User and Contractor, ensure compliance with the User Agreement. • Within 30 days of expiration or termination of the Agreement, inspect the Premises and require correction of any defects prior to release of the Erosion & Sediment Bond. • City has priority of use for the Premises, and may deny or postpone scheduled use, at its sole discretion. • City shall examine the totality of the use of the site in approving or disapproving requests for use agreements. TERMINATION: • City may revoke the User Agreement at any time upon written notice to the User, if the User fails to comply with any of the terms and conditions of the User Agreement. User will be given Ten (10) days notice to terminate should the area be needed for a public purpose. r ; ,. ! cD c 3 ... IX M 21 t 1 Q W 4 N _ CC 0 ! I is . -em U W i n, -... s i j::. -ora.r.._.....t, , ,...,.,,c114-41,._ ' t ...., •V i 1Y-' 4-14,,,,,r . ' r. ,moo yy i f W fir . ,,Vep , . . , _ I t I . LL► -. QQ -4. CI <`z,-. ,-i„.., ---N . ., c„ •_ . ,.., i, . L.I.J 0 , . - , ,..-V**- • . - �{„ "1. F r • \ /Wy ,, •. , �Y 1 .•'- -- N., - ... --...-,- - ' 4''''''-'',-.. „, - - ''' - - :. r '�z x N "1 O N :,•,•- .7.,__..: ,.....,.._ . 4 :"..ailm.-.H.:_l_:,, E ...: - ,.--./ I 1 ' 46, iii- I 'Fr jr.' •70 f cr „zir . „ ci , . 8ci, ii jiliTh`, .., Q) , 1 1 tFor4- E I -- I'_ 2 t. P to �'� a - a) ' ^Pdel ss O r s_,111 do v ate` :� - It #� j• E ,k...,.--- _ - - \ , ..,,,i, , - 1„,, i .,7,A.,. ...,,,,_-_-4-1-k;-:i k' ' .--- AL---„,,,* 11/111119 * t � •� f ` I 1., .' .P - - - t• / y " * - "'. � ..: C gr , ji CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Appointing Donna E. Hernandez to the Position of Assistant City Attorney MEETING DATE: October 18, 2022 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This resolution appoints Donna E. Hernandez as an Assistant City Attorney, effective November 3, 2022. • Recommendations: It is recommended that the City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney (A,V City Manager: OW 1 A RESOLUTION APPOINTING DONNA E. HERNANDEZ TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to §2-166 of the City Code, Donna E. Hernandez is hereby appointed 8 to the position of Assistant City Attorney, effective November 3, 2022. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2022. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: NAAA., - L kt, — Mark D. Stiles, City Attorney CA15951 R-1 October 7, 2022 u e • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Revenue from the Sale of Surplus Equipment to Capital Project #100175, "Fire Apparatus IV" MEETING DATE: October 18, 2022 • Background: Earlier this year, the City, through its Public Works, Fleet Management Division, sold one of the City's fire boats for $164,700. The boat was a 1993 Munsun 50- foot Hammerhead Aluminum Boat, which was used by the Fire Department's Marine Program. The 29-year-old boat was no longer suitable for the needs of the Department. Revenue from the sale of this fire boat will be used to assist with the purchase of a new boat. The new boat will be compatible with newer technology and firefighting equipment. The 1993 boat was donated by the National Oceanic and Atmospheric Administration (NOAA) as a surveying vessel. As the 1993 boat was a donation, it is recommended that revenue from the sale of the vessel be used to support a replacement vessel. • Considerations: Capital Project #100175, "Fire Apparatus IV," is used to replace all fire apparatus with an expected useful life of greater than 10 years, including boats. The appropriation of the proceeds of the sale of the 1993 boat will support the purchase of a new boat, and to the extent this frees up appropriations within the Project, such funds can be used to purchase other apparatus. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Project Page for#100175 Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: � -V 1 AN ORDINANCE TO APPROPRIATE REVENUE 2 FROM THE SALE OF SURPLUS EQUIPMENT TO 3 CAPITAL PROJECT #100175, "FIRE APPARATUS IV" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $164,700 from the sale of surplus property is hereby appropriated, with 9 miscellaneous revenue increased accordingly, to the Capital Project #100175, "Fire 10 Apparatus IV," to support the purchase of a new fire boat for the Fire Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /i!_1�� 'yaw udget and Management Services City Attorney's Office CA15948 R-1 October 4, 2022 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100175 "Title:Fire Apparatus IV 'Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Equipment 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 24,341,700 13,884,875 3,151,950 1,460,975 1,460,975 1,460,975 1,460,975 1,460,975 Description and Scope This project funds replacement and/or new fire apparatus that have a useful life of over 10 years.Specific vehicles to be replaced have been identified in a long-term replacement schedule.Some apparatus may have been previously refurbished to extend the useful life and are now at the end of their useful life. Purpose and Need The Fire Department,in collaboration with City Garage,has identified equipment that has exceeded or is approaching the end of its useful life.This equipment requires replacement to ensure efficiency and safe delivery of services that are dependent upon these vehicles and equipment.As guidelines for usage,the Fire Department uses the following lifespan guidelines for its heavy apparatus:fifteen years of front-line use and five years of reserve use for pumper/engine,tanker trucks,and quint engine trucks,and ten years of front-line use and five years of reserve use for ladder trucks. History and Current Status This project first appeared in the FY 2018-19 CIP and is a continuation of project 3-134 Fire Apparatus III. Operating Budget Impact Comments Regularly scheduled replacement should reduce the City Garage charges incurred by the Fire Department for repair and maintenance of the older fleet as the new equipment is under warranty and less likely to require major repairs. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Equipment 07/19-06/28 24,341,700 Total Budgetary Cost Estimate: 24,341,700 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 24,341,700 Total Funding: 24,341,700 FY 2022-23 to FY 2027-28 101 Capital Improvement Program u•—y s; sf `0.•♦ivy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $25,000 from the Fund Balance of the General Fund to Refund a Cash Deposit to MBCC Development, LLC MEETING DATE: October 18, 2022 • Background: In 2016, when the first subsea cable MAREA landed at Camp Pendleton, MBCC Development, LLC ("MBCC") was the contractor responsible for the landward side of construction. The City granted MBCC a franchise to run cables from Camp Pendleton to Corporate Landing (the "Franchise"). MBCC was authorized to provide a cash deposit to the City in the amount of $25,000 (the "Deposit") in lieu of the letter of credit required by the Franchise. After construction, the infrastructure was turned over to Microsoft Infrastructure Group ("MIG"), and MIG later re-assigned the franchise to Telxius Cable USA, Inc., which now operates the infrastructure. MBCC no longer has an interest in the infrastructure, and now that the work is completed, MBCC has requested that the Deposit be released. The Deposit guaranteed MBCC's performance of the Franchise, including restoration of the public ways and other property affected by the construction. MBCC also was required to submit "as-built drawings" after completion of work and provide payment for all liens, taxes, damage claims, costs or expenses associated with the Franchise. The City's Planning and IT departments verified that MBCC has met the conditions outlined in the Franchise, and therefore, these departments recommend that the City release the Deposit to MBCC. • Considerations: Because the Deposit was paid to the General Fund in 2016, Budget and Management services recommends the appropriation of $25,000 from the General Fund Fund Balance to non-departmental fund to allow a refund to MBCC. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Disclosure Form; MBCC Franchise Agreement Recommended Action: Approval Submitting Departm nt/Agency: Budget and Management Services City Manager: y 1 AN ORDINANCE TO APPROPRIATE $25,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO REFUND A 3 CASH DEPOSIT TO MBCC DEVELOPMENT, LLC 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $25,000 is hereby appropriated from the fund balance of the General Fund to 9 refund a cash deposit to MBCC Development, LLC, after completion of the work 10 associated with a franchise agreement to run cables from Camp Pendleton to Corporate 11 Landing. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day 14 of , 2022. 15 16 Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services y orn y's Office CA15939 R-1 October 3, 2022 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: MBCC Development LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) E Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) Hunton & Williams LLP [X� ED Legal Services Cox Communications Hampton Broker/Contractor/Engineer/Other Roads LLC Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Kvt fq3t --- Mark Petty 10/4/2022 APPLICANT'S SIGNATURE PRINT NAME DATE CITY OF VIRGINIA BEACH, VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH MBCC DEVELOPMENT,LLC This Nonexclusive Franchise Agreement (hereinafter "Agreement") is made and entered into as of this 1g1'�day of DE:cal6CAZ. Z Cf(o , by and between the City of Virginia Beach, Virginia, a Virginia municipal corporation (hereinafter "City" or "Grantor") and MBCC Development,LLC, a Virginia limited liability company, and its permitted successors and assigns (hereinafter "Grantee"), having an address of Southern Technology Park, 1110 Confroy Drive, Suite 4, South Boston, Virginia 24592. 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 City's streets and public rights-of-way (as hereinafter defined) for the purposes of constructing, installing, and maintaining network facilities for communications services within the City; and WHEREAS, Grantee plans to develop and construct a fiber optic cable line within the City's streets and public rights-of-way for Microsoft Corporation or its affiliates ("Microsoft"); 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 its streets and public rights-of-way; and WHEREAS,the City is agreeable to allowing Grantee to use the City's streets and public rights-of-way, subject to the terms and conditions hereinafter set forth and subject to any telecommunications regulatory ordinance and franchise 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 communications service in the public streets and public rights-of-way of 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 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 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 as otherwise provided in accordance with Section 10 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 communications services using the public streets and public rights-of-way of the City. Grantee agrees to be bound by all such future ordinances so long as it operates communication services or has property or equipment within the City's public streets or rights-of-way. (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 and for other 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: "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. "CityAttorney" means the City Attorney or his designee. "City Council" means the City Council of the City of Virginia Beach. "CityEngineer" means the City Engineer or his designee. "CityManager" means the City Manager or his designee. - 2 - "City property" means and includes all real property owned by the City, including public streets and public rights-of-way, as those terms are defined herein, and all property held in a proprietary capacity by the City. "Communications 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 in connection with the facilities. "Communications service"means the consumption of or 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 communications facilities, but not including cable television service. "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 communications 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 communications 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 communications service. "Grantee" means MBCC Development, LLC or its permitted successors and assigns pursuant to the terms of this Agreement. "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, 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 communications 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 communi- cations facility of the City, or any other improvement to public property of any kind or nature performed by or on behalf of the City of Virginia Beach or other governmental entity. - 3 - Section 3. Term of Agreement. (a) The term of this Agreement shall be for a term of five (5) years commencing on the date of approval of this Agreement by the City Council. Unless either party gives ninety(90)days written notice of its intention to terminate the Agreement prior to the end of the term, the Agreement shall thereafter automatically renew and continue on an annual basis from year-to-year; provided, however, that either party may, upon giving ninety (90) days written notice prior to the end of the yearly renewal period, terminate the Agreement. Upon termination of this Agreement as herein provided, 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 period, or if any portion of Grantee's facilities is abandoned by Grantee expressly in writing, Grantee shall remove its communications facilities at its own expense;provided,however, that if approved by the City in writing, Grantee may elect to 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. The City shall also have a lien on the property of Grantee in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. Section 4. Consideration. In consideration of the significant financial contribution and long term commitment that Grantee is making to the City of Virginia Beach and the Commonwealth of Virginia, and the business risk being borne by Grantee in being the first to land subsea cables Virginia Beach,the City will not require the Grantee to pay additional franchise fees for use of the City's rights-of-way under this Agreement. Notwithstanding the foregoing, Grantee shall remain responsible for payment of all other fees as required by law, including but not limited to all permits and inspections. Section 5. 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 b. 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. 6.1. Grantee shall install its overhead facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available on such poles. In the event no such space exists on existing or replacement poles, Grantee shall install its facilities underground. 4 6.2. Whenever all existing electric utilities,cable facilities or communications facilities are located underground within a particular segment of a street or public right-of-way of the City, Grantee shall also install its communications facilities underground. 6.3. Whenever existing overhead electric utilities, cable facilities or communications 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. 6.4. 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 review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. 6.5. 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, not to be unreasonably withheld, conditioned or delayed. 6.6. 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. The City shall also have a lien on the property of Grantee in an amount equal to all such costs,expenses, and legal fees associated with collection efforts. 6.7. The City retains the right and privilege to cut or move any communications 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 communications facilities. - 5 - 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. 6.8. 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 streets or rights-of- way. Grantee shall construct,maintain and locate its communications 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. 6.9. 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. 6.10. Except in the cases of emergencies, Grantee shall not move, alter, change or extend any of its communications 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 its 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. 6.11. 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 communications 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. Grantee must strictly comply with all provisions Virginia Beach City Code,including but not limited to providing written notice in the form of a door hanger on the private property adjacent to the area of work in the right-of- way ("Notices"), must be placed on the front door at least twenty-four (24) hours prior to the permittee and/or subcontractor commencing work, but no more than seven (7) days before such work is to commence. Grantee must inform the City when the Notices have been distributed, and provide a copy to City. Violations of this section will be subject to penalties as allowed by law. - 6 - 6.12. 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 any City property including street trees, City street pavements, existing utilities, curbs, gutters and sidewalks due to Grantee's installation, construction, maintenance,repair or removal of its communications 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. The City shall also have a lien on the property of Grantee in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. 6.13. 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. 6.14. 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. 6.15. 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. 6.16. 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. 6.17. Grantee shall obtain all required permits from the City and any other governmental entity having jurisdiction prior to commencing work or 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 within a geographic area 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 - 7 _ 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. 6.18. (a) Promptly after installation, repair or extension of the communications 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 irrigation systems and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of communications 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. 6.19. (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 communications 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 within thirty(30)days of the City's demand therefor. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction or maintenance of Grantee communications 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 - 8 - 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 in 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. 6.20. Except in the case of the City's gross negligence or intentional or willful misconduct,or as otherwise provided herein, the City, its officers, agents, or employees, shall not be liable for any damage to or loss of any of Grantee's 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. 6.21. 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) business 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) business 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 7. Mapping. (a) Grantee shall maintain an accurate map of its communica- tions facilities. Grantee shall provide the City with "as built" drawings and an accurate map or maps showing the location of its facilities,including 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 communications facilities within the City. Grantee shall, upon request, provide updated maps annually. Grantee shall supply and specify the location of all of its underground facilities by depth, line, grade, proximity to other facilities or other standard. Grantee shall cause the location of such facilities to be verified,to the extent required,by a registered state surveyor. Grantee shall relocate, at its expense, any facilities which are not located in compliance with permit requirements. - 9 - (b) If any of the requested information is considered proprietary, Grantee will notify the City of this opinion and the City will strive to keep it 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. (c) Prior to its installation of any facilities in the public streets or public rights- of-way and after Grantee provides the City with its proposed plans for the facilities,the City may in its reasonable discretion designate certain locations to be excluded from use by Grantee for its communications 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 facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been reasonably 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. Grantee shall not install new conduit or other facilities to the public streets or public rights-of-way where the existing conduit is available to Grantee under commercially reasonable terms and would reasonably avoid the need for new excavation or overhead installations. Grantee shall identify by mapping, as required by the City Engineer, the location and specifications of all conduits available or dedicated for collection. Section 8. 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 approved by the City, which approval shall not be unreasonably withheld, conditioned or delayed. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia and have a rating of no less than A- 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 - 10- 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). Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section. It is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the City. (g) Grantee shall,prior to commencing construction pursuant to this Agreement or within thirty (30) days after the granting of the franchise contemplated by this Agreement, whichever is sooner,Grantee shall furnish the City a certificate or certificates of insurance showing the type,amount, effective dates and date of expiration of the policies, and thereafter at least thirty (30) days prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certificate or certificates of insurance shall name the City, its officers, agents, and employees as additional insureds and shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the City of Virginia Beach." Section 9. 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 - 11 - 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: "It is hereby understood and agreed that this letter of credit may not be canceled without the consent ofthe 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 ofthe facilities as specified by the City;(4)restoration ofthe public ways and other property affected by the construction as required by this Agreements; (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, or, if such violation cannot reasonably be corrected within such time, Grantee shall have twenty (20) days to commence correction of such violation and shall have such additional time as is reasonably necessary to diligently complete same, not to exceed ninety (90) days, 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 and approved by the City Attorney, in the amount of Fifty Thousand Dollars ($50,000) securing its faithful performance of the terms and conditions of this Agreement. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond 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." _ 12_ (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. (e) Upon written request of Grantee, the principal amounts of the bond and letter of credit provided for hereinabove may be reduced to Twenty-Five Thousand Dollars ($25,000) and Ten Thousand Dollars ($10,000), respectively, at such time as (1) Grantee has completed construction of the network backbone of the communications system and (2) the City has approved such construction, which approval shall not be unreasonably delayed. All other terms and conditions governing such bond and letter of credit shall remain in full force and effect. Grantee shall notify the City of its intention of reducing the principal amounts of such bond and letter of credit no less than twenty(20) days prior to the effective date of such reduction. (f) The City agrees to accept the bond and/or the letter of credit provided for hereinabove from the Grantee's contractor in lieu of Grantee, and agrees that any such bond or letter of credit provided by either Grantee or Grantee's contractor may be replaced at any time by either Grantee or a transferee of Grantee in the event of a City-authorized assignment of this Agreement. Section 10. 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 (a) any of Grantee's affiliates; (b) or any party providing financing to Grantee; or (c) Microsoft or its Affiliates, provided that no assignment, transfer, lease or sale shall be effective until the assignee, transferee, lessee, or the purchaser 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 11. 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, and Grantee's activities with respect to the facilities, except to the extent 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 under this Agreement. Section 12. 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, - 13 - 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 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 property. 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.C. 6901, et seq.), 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 13. 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. (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, - 14 - 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) 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: President and Chief Executive Officer 1100 Confroy Drive, Suite 4 South Boston, Virginia 24592 - 15 - With a Copy to: Vice President Network Opperations 1100 Confroy Drive Suite 4 South Boston, VA 24592 (b) Either party may change the address at which it will receive notices by providing written notice of the change to the other party. [Remainder of Page Left Blank Intentionally; Signature Page Follows.] - 16 - IN WITNESS WHEREOF. the parties have duly executed this Agreement. MBCC Development, LLC, a Virginia limited liability company 0 4$ T000 �4', troll .'. .` By: Mid-Atlantic Broadband Communities �, � �' Corporation, ' s man r and sole ber E n.nano I carassiots tMtl�w Name: Cr 46. 41.n+ dt Its: t C t o e5 c COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 4.4 , TO WIT; The foregoing instrument was acknowledged before me this j cf+I‘day of Cce.nnbec , 2016, by G rabarn C. £rns el , vice Pres: e r d of Mid-Atlantic Broadband Communities Corporation, as manager and sole member of MBCC Development, LLC, on behalf of the limited liability company. ac:ifunission e s �n a 12...oz-c) lea Notary Public OpwAafek°‘"1"r. CITY OF VIRGINIA BEACH, a Virginia munici 1 corporation 13\ 46146U)7117 Name: loin A5 Q.h Its: De w et v1 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF V it5vn tc.4...S3ect_f, TO WIT; -loci The foregoing instrument was acknowledged before me this 3\5t day of.\cr,,,,,ac- 20+6, bymac, -r �,,yeah &t ana er of the Cityof Virginia Beach. y � g g M commission expires j r31 I I& Commonwealth Of Virginia Jennifer Anne Grundier-Notary public Commission No.7037167 Not Public My Commission Expires 5f31/jo - 17 - Approved as to Content: I Approved as to Legal Sufficiency: C :atAZ7i; latAL i1A11-4--- Information Technology Department City Attorney's Office Approved as to Content: b44 — rcL Economi Development - 18 - Proposed Conduit Route within City R/W for Virginia Beach Cable Landing/MBCC Development,LLC City of Virginia Beach Franchise 7pt tic,is9 inn fp. Splicing MN MS' i - Splicing MN w ,.•,. p J VW,. F j P i' CORPORATE LANDING ,,,u f DATA CENTER =.- ._.. .. ." Splicing EH 314. ..•�.., ,al / A / !Anvil Eva r f (*am Temkin:ems 1 `r&1.Ep+Ow i*•ioroKAN!ressicOa i/aaf0 li[ ../0..-44, L 1 `,,',,------- if7 rJ, ttv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $7,198 From the Fund Balance of the Library Gift Fund for the Purchase of Archive Scanners MEETING DATE: October 18, 2022 • Background: In FY 2021-2022, the Department of Public Libraries (VBPL) received a $7,198 donation from the Virginia Beach Library Foundation for the purchase of archive scanners. VBPL was unable to make this purchase during the fiscal year and therefore the donation revenue fell to the fund balance of the fund at the close of the fiscal year. VBPL requests that $7,198 be appropriated from the fund balance of the Virginia Beach Library Gift Fund for the purchase of the scanners. The new flatbed photo scanners will replace the current scanners used in the Edgar T. Brown Local History Archive. The hardware and software of the current scanners are no longer supported by the manufacturers. The new scanners will allow staff to digitize content more efficiently and improve the quality of the images, and they will make the collection easily available to the community in both VBPL's physical buildings and the digital library online. • Considerations: Costs to maintain the scanners will be covered by VBPL's existing operating budget. The current fund balance of the Library Gift Fund is approximately $52,000, so there is adequate funding to support this purchase. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: f4/0 1 AN ORDINANCE TO APPROPRIATE $7,198 FROM THE 2 FUND BALANCE OF THE LIBRARY GIFT FUND FOR THE 3 PURCHASE OF ARCHIVE SCANNERS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $7,198 from the fund balance of the Library Gift Fund is hereby appropriated to the 9 FY 2022-23 Operating Budget of the Department of Public Libraries to purchase scanners 10 for the Edgar T. Brown Local History Archive. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11Z._._ A, udget an Management Services Atto ney s ffice CA15942 R-1 October 4, 2022 „�°ems. • 4, J.1 .., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Federal Funds for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 18, 2022 • Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has provided funding for Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team to continue operations. The funding supports personnel costs, equipment, supplies, facility leasing, training, and travel necessary to maintain the Team at an expected level of response capability. The Fire Department is the sponsoring agency for VA-TF2. To ensure that risk management, personnel, building lease, and city garage costs would be appropriated through the Fiscal Year 2022-23 City of Virginia Beach Budget Process, an estimate of these costs totaling $606,001 was budgeted until the actual amount of the FY22 FEMA Cooperative Agreement grant was made available. • Considerations: FEMA has awarded $1,457,150 to VA-TF2 for support of ongoing expenses for a 36-month period, from October 1, 2022, through September 30, 2025. The grant does not require a local match, and $606,001 of this funding has already been appropriated. The grant will continue to partially fund three positions: 0.60 FTE for the Fire Department Battalion Chief who serves as the FEMA Program Manager; 0.80 FTE for an Account Clerk Ill; and 0.10 FTE for an Accountant I. The grant will continue to fully fund 1.0 FTE for an Administrative Specialist II and one part-time Training Manager (0.60 FTE), as well as costs associated with contract staff members who are used on an as-needed basis. The grant also provides funding for the continuation of facility lease expenses, replacement of equipment and supplies, training, formal exercise costs, and travel expenses. Personnel and equipment resource demands have far exceeded the capacity of the Fire Department to cover support costs, and FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:419 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FOR THE CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $851,149 is hereby accepted from the Federal Emergency Management Agency 10 and appropriated, with federal revenue increased accordingly, to the FY 2022-23 11 Operating Budget of the Fire Department to support the continued operation of the 12 Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia on the day 15 of , 2022. 16 17 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Atto ey's Office CA15946 R-1 October 4, 2022 O• y 1 i sib #J r. M#V"`�yJ Y�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Virginia Task Force 2 Urban Search and Rescue Team Mobilization to Kentucky MEETING DATE: October 18, 2022 • Background: The Virginia Task Force 2 Urban Search and Rescue Team received activation orders to assist with the Kentucky Flood Event (the "Event"). A team of eight members was sent to Kentucky in August. • Considerations: Upon activation, the Federal Emergency Management Agency (FEMA) provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed, and the cost for responding to the Kentucky Flood Event was $209,473.89. In addition, the department will receive $5,189.48 for the cost of preparing these claims. In total, the Fire Department is eligible to receive $214,663.37 in reimbursements associated with this deployment. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE VIRGINIA TASK FORCE 2 URBAN 3 SEARCH AND RESCUE TEAM MOBILIZATION TO 4 KENTUCKY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $214,663.37 is hereby accepted from the Federal Emergency Management 10 Agency and appropriated, with federal revenue increased accordingly, to the FY 2022-23 11 Operating Budget of the Fire Department to support deployment and administrative costs 12 for the Virginia Task Force 2 Urban Search and Rescue Team's mobilization to Kentucky. 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: CcLichti0j7 B dget and Management Services it orrxey's ffice CA15944 R-2 October 4, 2022 s0 ros,,��.y�g� z� is ife i w i`,,v-J'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Supplemental Federal Funds for the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 18, 2022 • Background: The Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team received supplemental funding from the Federal Emergency Management Agency (FEMA) associated with its FY21 Readiness Cooperative Agreement. This supplemental funding will be used for equipment specified by FEMA through replacement of aging items or purchase of other required items. FEMA advised the Fire Department that the list of equipment will be provided later. • Considerations: As the sponsoring agency, the Fire Department is responsible for the administrative and operational management of both the Urban Search and Rescue Team and its assets. This supplemental award from FEMA is $181,350. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SUPPLEMENTAL FEDERAL FUNDS FOR THE 3 VIRGINIA TASK FORCE 2 URBAN SEARCH AND 4 RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $181,350 of supplemental federal funding is hereby accepted from the Federal 10 Emergency Management Agency and appropriated, with federal revenue increased 11 accordingly, to the FY 2022-23 Operating Budget of the Virginia Beach Fire Department 12 to support equipment purchases for the Virginia Task Force 2 Urban Search and Rescue 13 Team. 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: _,9,e,k; gk/e/bUs° Budget and Management Services ity orn y's Office CA15945 R-1 October 4, 2022 frIzt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds for Various Public Safety and Criminal Justice Initiatives MEETING DATE: October 18, 2022 • Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the United States Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City is for the Community Criminal Justice Board (CCJB) to provide recommendations regarding the proposed use of Byrne JAG funds. The CCJB is comprised of representatives from Police, the Sheriff, the Courts, the Commonwealth's Attorney, and Community Corrections and Pre-Trial Services. The CCJB met on July 13, 2022, to consider spending proposals and determine distribution of funds anticipated to be received from the DOJ. • Considerations: The total award for this grant is $71 ,661. No local match is required. The CCJB recommends that the funds be used as follows: • $20,000 to the Police Department, K-9 Corps, to purchase two (2) canines for Community Policing activities; • $20,000 to the Police Department, Mounted Patrol Unit, to purchase an equine be used for Community Policing activities; • $8,111 to the Police Department, Traffic Safety Unit to purchase Personal Breath Tests (PBT's) for Community Policing activities; • 8,200 to the Police Department, Fugitive Warrant Unit, to purchase Toughbooks to be used for in-field intelligence generation; and • $15,350 to Juvenile Domestic Relations Court for contracted manpower to assist with backlog of case entry and expungements. • Public Information: Normal Council Agenda process. A public comment session will be held on October 18, 2022, during the City Council's Formal Session. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FOR VARIOUS PUBLIC SAFETY AND 3 CRIMINAL JUSTICE INITIATIVES 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 foregoing uses of federal funds at its October 18, 2022, Formal Session; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 $71,661 is hereby accepted from the U.S. Department of Justice via the Edward 12 Byrne Justice Grant and appropriated, with federal revenue increased accordingly, to the 13 following departments and purposes: 14 15 a) $20,000 to the Police Department to purchase two canines; 16 17 b) $20,000 to the Police Department to purchase an equine unit for the 18 Mounted Patrol; 19 20 c) $8,111 to the Police Department to purchase personal breath tests for 21 the Traffic Safety Unit; 22 23 d) $8,200 to the Police Department to purchase Toughbooks for in-field 24 intelligence gathering by the Fugitive Warrant Unit; and 25 26 e) $15,350 to the Juvenile and Domestic Relations Court for contracted 27 manpower to assist with the backlog of case entry and expungements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41(. 444iuri34 _ Budget and Management Services • orney's Office CA15937 R-1 September 29, 2022 rc 4>�� i °j a• ��r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Community Corrections and Pretrial Services to Support Salary Increases for State-Funded Positions MEETING DATE: October 18, 2022 • Background: The City was previously awarded a $1,229,213 Comprehensive Community Corrections and Pretrial Services Act FY 2023 grant. On September 26, 2022, an additional $38,569 was added to the grant to support salary increases for full-time, state-funded positions. The grant period is July 1, 2022, through June 30, 2023. This grant is estimated as a part of the annual operating budget process in subsequent years. Accordingly, this increase in anticipated state funding will be built into the budget baseline going forward. • Considerations: Since the adoption of the City's FY 2022-23 Operating Budget, the total grant award for Comprehensive Community Corrections and Pretrial Services has increased by $38,569. This ordinance accepts and appropriates this additional funding. The funding does not require a local match. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR COMMUNITY CORRECTIONS 3 AND PRETRIAL SERVICES TO SUPPORT SALARY 4 INCREASES FOR STATE-FUNDED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $38,569 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with state funding increased accordingly, to the FY 2022-23 11 Operating Budget of the Department of Human Services to support salary increases for 12 full-time, state-funded positions providing Community Corrections and Pretrial Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ///1 :((s— udget and Management Services City Attorney's Office CA15947 R-1 October 4, 2022 ��P�`til'RE1C1 . YC k, > S'. • NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, October 18,2022 at 6:00 p.m.In the Council Chamber at City Hall,2^d Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: ttuS::vugov. ebux. om/vbgovLonstage/g.php?MTID=ef046a29b3 7c6fd$cbe1d442f3ee08233 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on October 18,2022. The following requests are scheduled to be heard: Darren&Marcella King Joint Revocable Living Trust(Applicant&Property Owner) Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations)Address:3931 Richardson Road GPIN(s):1488156345 Council District 8 Take 5 Properties SPV,LLC,a Delaware Limited Liability Company(Applicant) FTB, LLC (Property Owner) Modification of Conditions (Automobile Repair Garage)Address:3680 Holland Road GPIN(s):1486543888 Council District 3 Build Senior Living, LLC, a Michigan Limited Liability Company(Applicant) Keith L.Setzer,Sheryl Setzer Melvin,Belinda Setzer Hester,JSW Holdings, LLC (Property Owners) Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional 0-1 Office District)Conditional Use Permit(Housing for Seniors & Disabled Persons) Address: Parcels on the north side of the intersection of Princess Anne Road & Tournament Drive, west of 2708 Princess Anne Road GPIN(s):1494564060,1494562223 Council District 2 Anthony Lee Franco(Applicant)Providence Square Associates,LLC(Property Owner) Conditional Use Permit (Tattoo Parlor)Address: 1001 Kempsville Road,Units 1049,1051,1053 GPIN(s):1466538222 Council District 1 Mike Daubert(Applicant)Back Bay Farms,Inc(Property Owner)Conditional Use Permit (Assembly Use) Address: 1833 Princess Anne Road GPIN(s): Portion of 240393733 Council District 2 Boing US Holdco,Inc.(Applicant)NMP-C4 Fairfield S/C,LLC(Property Owner) Conditional Use Permit(Car Wash Facility)Address:837 Kempsville Road GPIN(s):1466644850 Council District 3 Bel Aire, LLC&Take 5 Properties SPV, LLC,a Delaware Limited Liability Company(Applicants)Bel Aire,LLC(Property Owner)Conditional Use Permits (Car Wash Facility&Automobile Repair Garage)Address:1552 General Booth Boulevard GPIN(s):2415555765 Council District 5 Susan Limor(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue,Unit 1005 GPIN(s):24273224032120 Council District 5 Thomas Cunningham(Applicant&Property Owner)Conditional Use Permit (Short Term Rental)Address:4005 Atlantic Avenue,Unit 207 GPIN(s): 24280514483990 Council District 6 Greg Zinis(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address: 304 26th 1/2 Street, Unit B GPIN(s): 24280055430002 Council District 6 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc.For information call 757-385-4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON-OCTOBER 2,2022&OCTOBER 9,2022-1 TIME EACH L. PLANNING 1. DARREN & MARCELLA KING JOINT REVOCABLE LIVING TRUST for a Variance to Section 4.4 (b&d) of the Subdivision Regulations re properly record plat and to provide public street access at 3931 Richardson Road DISTRICT 8 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 2. TAKE 5 PROPERTIES SPV, LLC, A DELAWARE LIMITED LIABILITY COMPANY / FTB, LLC, for a Modification of Conditions re automobile repair garage at 3680 Holland Road DISTRICT 3 (Formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL 3. BUILD SENIOR LIVING, LLC, A MICHIGAN LIMITED LIABILITY COMPANY / KEITH L. SETZER, SHERYL SETZER MELVIN, BELINDA SETZER HESTER, JSW HOLDINGS LLC, for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional 0-1 Office District and Conditional Use Permit re housing for seniors & the disabled for properties on the North side of the intersection of Princess Anne Road & Tournament Drive, West of 2708 Princess Anne Road DISTRICT 2 (Formerly District 7 — Princess Anne) RECOMMENDATION: APPROVAL 4. ANTHONY LEE FRANCO / PROVIDENCE SQUARE ASSOCIATES, LLC, for a Conditional Use Permit re tattoo parlor at 1001 Kempsville Road, Suites 1049, 1051, and 1053 DISTRICT 1 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 5. MIKE DAUBERT / BACK BAY FARMS, INC., for a Conditional Use Permit re assembly use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Beach) (Deferred from September 20, 2022) RECOMMENDATION: APPROVAL 6. BOING US HOLDCO,INC./NMP-C4 FAIRFIELD S/C,LLC,for a Conditional Use Permit re car wash facility at 837 Kempsville Road District 3 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 7. BEL AIRE,LLC,& TAKE 5 PROPERTIES SPV,LLC/BEL AIRE,LLC,for Conditional Use Permits re automobile repair garage and car wash at 1552 General Booth Boulevard DISTRICT 5 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 8. SUSAN LIMOR for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1005 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 9. THOMAS CUNNINGHAM for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 207 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 10. GREG ZINIS for a Conditional Permit re short term rental at 304 26th 1/2 Street, Unit B DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 2"*#4*1 \ I R40 R40,0 N r Site �,�, Property Polygons Darren & Marcella King Joint Revocable Living Trust W. 3931 Richardson Road Zoning S Building Feet 01530 60 90 120 150 180 I „�,e �e 4 - asr►•GAT y1 6 �' psi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DARREN & MARCELLA KING JOINT REVOCABLE LIVING TRUST [Applicants & Property Owners] Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) for the property located at 3931 Richardson Road (GPIN 1488156345). COUNCIL DISTRICT 8, formerly Bayside MEETING DATE: October 18, 2022 • Background: There is an existing single-family dwelling on the property that was constructed in 1930. The Princess Anne County Subdivision Ordinance was amended on September 28, 1953, requiring a plat for the subdivision of land of two or more lots. As the parcel was created by deed in 1957, the applicants are requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations to properly record a plat for this parcel, as well as a Subdivision Variance to Section 4.4(d) since the parcel does not have direct access to a public street. Vehicular access to a public street — Richardson Road - is provided via an existing 25-foot-wide ingress/egress easement. This easement was established in the same deed book as the lot creation (D.B. 490, PG 95). • Considerations: The lot meets all other dimensional standards for the R-40 Residential District, other than the lot width and street line frontage. This situation is not unique in the neighborhood as an adjacent parcel was also established by deed prior to the adoption of the City Zoning Ordinance. Based on this, that parcel lacked direct access to a public street, had no street frontage, and failed to meet lot width requirements as it had no access to a public street. A request for a Subdivision Variance due to these deficiencies similar to this application—was approved by City Council in 2013. Similar constraints apply to the subject site that are alleviated by the existence of a 25-foot long private road that provides access to both properties to the public street of Richardson Road. The Planning Commission concurs with Staff that granting of this variance will not adversely affect the character of the neighborhood. There is no opportunity to combine parcels that will easily resolve a longstanding recordation issue that occurred over six decades ago. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Darren & Marcella King Joint Revocable Living Trust Page 2 of 2 • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 10-0 to recommend approval of this request. 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Planning Department. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City Council action. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 6- 9 Submitting Department/Agency: Planning Department0 City Manager: / p O7 'NB Applicant & Property Owner Darren & Marcella King Joint Agenda Item Revocable Living Trust Planning Commission Public Hearing September 14, 2022 City Council District District 8,formerly Bayside 15 Virginia Beach Request Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) Staff Recommendation 1 ....- i„....,,,, Approval _ : __ , - 'NI \. pmq Staff Planner qrh,� a Michaela McKinney _ aO'q f 1\ Location /N., . , 3931 Richardson Road Q GPIN se 1488156345 \,------- Site Size tift Nii 8 I i i Pt!y ii, 1.63 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay LI:'‘; . " -:' . Existing Land Use and Zoning District . Single-family dwelling/ R-40 Residential . A r"t, c� • •. *, Surrounding Land Uses and Zoning Districts ,c. s. , �__. . North P .. �I, t Undeveloped lot, single-family dwelling/R-40 '` . �A ' + Residential k South k> I ,, Western Branch of the Lynnhaven River . "',, - East Single-family dwelling/ R-40 Residential West Undeveloped lot, single-family dwelling/R-40 Residential Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 1 Background & Summary of Proposal • The applicant seeks to demolish an existing single-family dwelling that was constructed in 1930 on this 1.63-acre parcel and redevelop the property with a new dwelling and accessory structures.The parcel and adjacent parcel were recorded as one lot in 1924 and 1926,the parcel was improperly subdivided by deed on February 11, 1957 (D.B. 490, Pg. 95) to make two lots, 3905 and 3931 Richardson Road. At that time, subdivisions were required to be established via a recorded plat.The shape and location of the lot are deficient as it does not have direct access to a public street. Without this access,the lot fails to meet the requirements set forth in Section 4.4 of the Zoning Ordinance for both lot width and street line frontage for properties zoned R-40 Residential District. • Vehicular access to a public street—Richardson Road - is provided via an existing 25-foot-wide ingress/egress easement.This easement was established in the same deed book as the lot creation (D.B. 490, PG 95). • The existing single-family dwelling on the property was constructed in 1930. • The Princess Anne County Subdivision Ordinance was amended on September 28, 1953, requiring a plat for the subdivision of land of two or more lots. As the parcel was created by deed after 1953,the applicants are requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations to properly record a plat for this parcel, as well as a Subdivision Variance to Section 4.4(d) since the parcel does not have direct access to a public street. • Proposed redevelopment includes construction of a two-story single-family dwelling and a pool house, as well as the renovation of an existing gazebo. Exterior building materials of stacked bonded brick, synthetic horizontal siding, and smooth EIFS with be a neutral tone.The building's height will be no more than 35 feet tall. A rendering of the home has been provided noting that the building plans have yet to be finalized. • Part of this parcel is located within the Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area (CBPA). In 2017,the applicant submitted an application for a variance from an encroachment into the RPA. The CBPA Board approved the variance on May 22, 2017. No changes have been made to the plans since this proposal. /,/ Ut:04() Zoning History # Request 1 SVR(Variance to 4.4(b))Approved 04/12/2013 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 Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to properly record a lot that was established in 1957 by deed without direct access to a public street is recommended for approval. As stated previously,the lot is currently developed with a single-family dwelling constructed in 1930 with several accessory structures constructed in 2009. While there is no direct access to a public street, a 25- foot-wide ingress/egress access easement recorded in 1957 provides access to Richardson Road. The lot meets all other dimensional standards for the R-40 Residential District, other than the lot width and street line frontage. The proposed elevations, depicted on pages seven through nine, are for illustration purposes only as the applicant is in the early stages of design. The applicant's representative indicated that this custom waterfront home will have high quality exterior building materials and a design unique to this lot. Any future plans will be reviewed during site plan and building plan review and shall be in compliance with applicable regulations. Additionally, Staff believes this request is reasonable as it is not unique in the neighborhood.The parcel adjacent was also established by deed prior to the adoption of the City Zoning Ordinance. A parcel adjacent to this site was also recorded by deed, rather than by plat, as required at that time. Similar to this application,the adjacent parcel lacked direct access to a public street, had no street frontage, and failed to meet lot width requirements as it had no access to a public street. A request for a Subdivision Variance due to these deficiencies similar to this application was approved by City Council in 2013 for the adjacent parcel. Comparable constraints apply to the subject site that are alleviated by the existence of a 25-foot-long private road that provides access to both properties to the public street of Richardson Road. In reference to Section 9.3 of the Zoning Ordinance, the physical characteristics of the lot and its location off of an existing public street limit the ability to meet all requirements with regard to necessary frontage and lot width. It is Staff's view that the official recordation of the lot that has been developed with a single-family dwelling for almost a century will not adversely affect the character of the neighborhood. While the adjacent parcel did obtain a Subdivision Variance, it is not believed that the request could become recurring in nature throughout the neighborhood. Based on these considerations, Staff is recommending approval of this request subject to the conditions listed below. Recommended Condition 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Planning Department. Said plat shall be subject to the review and approval of the Department of Planning&Community Development, and plat Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 3 shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.The site has highly erodible soils and wetlands. The site is encumbered by the Resource Protection Area,the more stringently regulated and environmentally sensitive portion of the Chesapeake Bay Preservation Area. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Richardson Road No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2—10 ADT Proposed Land Use 3-10 ADT 1 Average Daily Trips 2 as defined by one single family 3 as defined by one single family 4 LOS=Level of Service detached house detached house Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Richardson Road in the vicinity of this application is considered a two-lane local street. No CIP projects are slated for this area. Public Utility Impacts Water & Sewer This site is connected to City water and sanitary sewer service. Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 5 Proposed Variance Exhibit j!! Ii I !i� °le 1 4 i I 'lit ; f*f11;1 1 a'1141-1 1 il i 05,- xl iy 4 Derr, ' s i isv`liw; N N ;. %% P W Vr • -:: it IV VI 4617, Xs' " l*g 1 *411 ."- ii ' '‘,‘ „Li!, ,c7 7. v 1 1 DveH':11 !I 11211ili 6 ... o, VV'' Jo' ,. , ) .h ,, , -3, .1_ % ..,..,,x, ..,... 1,7.. i. a Y 1 6 i /7 ;r:I ' 0 #,..5 `it‘ dp_sp-1.0 zyra°4a1 If �i E / Li• t.1 rt t ---. F •'� ANIL i fii \. r ,/ M pt I / j ‘.., --/-.. _ ...4 . _--;;0000604. 1 4 w / •• •,\ ior y > i bO a a "t , <�k ‘f •1 1•• • C ea e i / Z id ! • s V1 L 1a: ' WCD f ' `s F .f f < / I 1021 k ,/ ._ _ •. if . AY - k\ al _ i ; I ,, 1•": • 111441* '' 4. -N:1>k .. ..5 ' 4-- ` `1 I 40 . • t ti t." -,y�/, ,4L► ti •Itis . hay* w _ 1 �g yak . • R-4 • xy , f I �'. , t s .11\ r4 = i . o .. LI - . 1,N 1 a:41i fiTe za-t7574.7- , -- i , allt....: 4,„.,..:,.. .„,. , i k ,..... _ ..°"4 %•, .'" Sli ''r ti t) •,"!, v -.-* ........ L- 5 lig a %a b gribiyr ,-4 as , ,/k,. et, II t - E -1. g 7.01 Orl ,a Hw un r x (ti s;-a U., LL net z.yglf Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 6 Proposed Elevation Plan r- , l s WRY-, �'lB _- [11 , i i L II ... , .a ty�'r U 0 I 11J1 L L.t r f t�•Y:f ‘ mr--, i / in 4------/ 1 i In EMI ■I i - IT -- iiii a A , , i 1 iii I 1 .. 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' i'-----4 \ ,,H ,.,-., _,, _ . , rn 1 ,-.. . ...i. n \ , J._ 1 4 i4 • • I t [Fr____i li 1 1 1 _ ______ 3 o in N :I —\ Fr*: I I F -__ -WI II • ____1,_..„ i 1- 11 r ! i_ I . . ,, ' ill r 1. < < iiti Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 9 Site Photos '‘..," , ,, A i.,., s' ., , .. •••• , • f.-ACS„.A.} .4 ‘ ,- 1 ., i, '' �* _.s A.-. �� . - ;r►w.-4 - V4..,',--. .. 'A.- �.�t.-, _y..r 1 ..'' �! "�.,— •ram inr _— • • • -----�_- .••• .n. , z.. OP' It '{fir .•:-� i ,N•••••4. ,' ii i . . . ''.:A*' -. _ .,_ti aj` `'j. --.r--�-. �� _0 `t_a-. 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Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 11 Disclosure Statement Disclosure Statement ti 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 Darren And Marcella King Joint Revocable Living Trust Does the applicant have a representative? El Yes ❑No • If yes,list the name of the representative. VVPL-Eric Gamer is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Darren Charles King,Trustee&Marcella Montagna King,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 1 I P a g e Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 12 Disclosure Statement Disclosure Statement ev,ai Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disdosure 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. Bank of America, NA 2. Does the applicant have a real estate broker/agent/reakor 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 Gif 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?Q Yes ❑No • If yes,identify the firm and individual providing the service. WPL -Eric Garner 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. Revised 11.09.2020 2 I P a g e Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 13 Disclosure Statement Disclosure Statement Pinning&Community pmen i t 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 LT/No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?( 'Yes ❑No • If yes,identify the firm and individual providing the service. WPL-Eric Garner 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Tide Date Is the applicant also the owner of the subject property? Ed 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 charges as of Date 10/4/2022 Signature z:). • Print Name Michaele D. McKinney 001,;COrl i AO 7Aln f I Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Darren & Marcella King Joint Revocable Living Trust Agenda Item 15 Page 15 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 15 Darren & Marcella King Joint Revocable Living Trust (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) Address: 3931 Richardson Road RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: The next item on the consent agenda is Item #15 for Subdivision Variance (re- section 4.4 (b) and (d) of the subdivision regulations) at 3931 Richardson Road. Would the representative please come forward. Please state your name for the record? Mr. Garner: Eric Garner with WPL Land Surveyor representing the clients Darren and Marcella King. They accept the conditions as noted. Ms. Alcaraz: Great,thank you. Is there any opposition to this item being in placed on the consent agenda? Hearing none, I ask Ms. Dee Oliver, if she could read this. Mr. Oliver: Thank you. So this is basically just a clean-up of a piece of property that was platted before zoning came in, and the applicant currently has a house on it, and some accessory buildings are on the property that were constructed in 1930, and this parcel, and the adjacent parcel were recorded as one lot in 1924 & 1926, and the parcel was improperly subdivided by deed in 1957 to make two lots. The address of this is 3905 &3931 Richardson Road, and at that time, the subdivisions were required to be established via recorded plat. The shape and location of a lot are deficient, so that doesn't have direct access to a public street, and without this as the lot fails to meet the requirements set forth in Section 4.4 of the Zoning Ordinance for the within the street frontage for the properties that are now zoned R-40. So, with that, the staff believes that this request is reasonable, and it's not unique to the neighborhood, and the applicants are planning on building a new house, which they have some temporary drawings on it, and with that the city staff deems as acceptable, and we do as well, and so we put it on the Consent Agenda. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19, and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Planning Department. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City Council action. 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. Ilk NW /-7411111 _iiiiii----- lir- . poi _______ n 11...r. I I 71 El ‹ R7_,5q ---.- ,a) -1----1-1" 0 __ 0 , mr _ . as , _ 1 1. 0 ---- El \ ozi - ri L._-J- AL-2" , ___ m imm..11.. 1 , m- .:Cij12 maw ._..- w - I' ___ D I RS. ----A-1-27--11> t---__ Irc ? ----- - ,1.- T—A 2 . It B2/ ---------::::---_„„._ - 02- 0 i , (tY 02 4. ------ il'i 1 .S , &) 671 --- L'i -vac/ /02 ., .c 0 .-- -----,, , A1-8 . 4 h I I) -- _ N r A Site ] Property Polygons l&1 Take 5 Properties SPV, LLC wAE, Zoning a Delaware Limited Liability Company s Building 3680 Holland Road m ii Feet 0 35 70 140 210 280 350 420 r;01.1..)S ., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAKE 5 PROPERTIES SPV, LLC, A DELAWARE LIMITED LIABILITY COMPANY [Applicant] FTB, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Automobile Repair Garage) for the property located at 3680 Holland Road (GPIN 1486543888). COUNCIL DISTRICT 3, formerly Rose Hall MEETING DATE: October 18, 2022 ■ Background: The applicant is requesting to modify the conditions of a Conditional Use Permit for an Automobile Repair Garage on the B-2 Community Business District zoned parcel that was approved by City Council in 1996. Currently, the site is operating as a Motor Vehicle Rental business which was approved by City Council in 2007. The applicant is now seeking to convert the use back to an Automobile Repair Garage, specifically for a Take 5 Oil Change facility. The proposed business will limit repair services to oil changes. Customers remain in their vehicles while the service is being performed. The existing 2,788 square foot building will remain on site with no significant structural changes anticipated to the exterior of the building. The existing split-face CMU masonry walls of the building will be repainted with red, brown, and tan colors to meet the Take 5 Oil Change brand standards, as well as the replacement of the existing signage with the new Take 5 Oil Change signage. ■ Considerations: The request is consistent with the Comprehensive Plan's policies and land use goals for the Suburban area, as the auto sales business provides a service to the area and is compatible with the number of automobile related service uses along this section of Holland Road. There is a predominance of auto-centric uses in the immediate vicinity. All work and storage of materials will occur within the building. No body work or paint work will take place on the subject site. Per Section 203 of the City Zoning Ordinance, one space per 900 square feet of floor area, or three spaces for this 2,788 square foot operation is required. The existing parking area consists of 10 parking spaces, exceeding the minimum parking requirement by seven spaces. As depicted on the conceptual Landscape Plan, installation of additional trees along the street frontage as well as understory and evergreen shrubs along the Take 5 Properties SPV, LLC Page 2 of 3 rear property line are proposed in an attempt to bring the property into current standards. All existing vegetation north of the site will remain and will continue to provide adequate screening for the townhome community north of the property. The traffic generated by the proposed oil change facility will result in a total of 100 average daily trips. There is no data available for the existing car rental business use; however, the 0.47 acre, B-2 zoned parcel generates approximately 260 average daily trips. Ultimately, the proposed use will likely generate lower traffic volumes than other commercial uses that are permitted by-right in the B-2 Community Business District. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 10-0, to recommend approval of this request. 1. All conditions attached to the previous Conditional Use Permit granted on April 23, 1996, are hereby deleted, and superseded by the following conditions. 2. The 2007 Conditional Use Permit for Motor Vehicle Rentals shall be null and void. 3. The exterior of the existing building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "TAKE 5 OIL CHANGE CONVERSION, 3680 Holland Road, Virginia Beach, VA 23452, CONCEPT ELEVATIONS", dated June 20, 2022, prepared by Rogue Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The landscaping on site shall be in substantial conformance to the conceptual landscape entitled "TAKE 5 OIL CHANGE — VIRGINIA BEACH (HOLLAND), 3680 Holland Road, Virginia Beach, VA— CONCEPTUAL LANDSCAPE PLAN — EXHIBIT# 1", dated August 16, 2022, prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. Take 5 Properties SPV, LLC Page 3 of 3 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. The existing trees located on the property shall be retained and maintained. 10.The freestanding sign shall be monument style. 11.The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for the automobile repair garage use. 12.AII on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 13.AII outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: IN)B Applicant Take 5 Properties SPV, LLC, a Delaware Limited Agenda Item Liability Company Property Owner FTB, LLC Planning Commission Public Hearing September 14, 2022 Virginia BeachCity Council District District 3, formerly Rose Hall Request Modification of Conditions (Automobile 7 Repair Garage) Staff Recommendation Good NopeRO 804, and ad 7i. Approval Far.day lane t C Q Foret�Glen q Road Staff Planner j Oar, ,ai, _ } 3 j Marchelle Coleman F ` l'anG°e'o,rvi a s Location _3680Holland Road 417i 4/aba�+i , lNy C\%_ GPIN Chjm^eychek�•.°�e � 1486543888 Else#po °nee sk '`4 Site Size .1. may 20,609 square feet I e,^ya,,Ro low / °. AICUZ Da vies court 3rite ' 65-70 dB DNL; Sub-Area 3 7,,,,.►+ seae.„„0,,,,,,,N. ) ` a'-__:%. Watershed Chesapeake Bay Existing Land Use and Zoning District "„`T. Motor Vehicle Rentals/ B-2 Community Business' - `I. r : t Surrounding Land Uses and Zoning Districts s ' A, ; - ► ` North i._-.. N'* Townhouses/A-12 Apartment - .• . .. 4� .: k , ,. South • E Holland Road / • T ' 'gut,. Bank, shopping center/ B 2 Community r _ f, Business :r.r�< '**F c East ' ►-. �, Arthur Avenue - ....S- " `� ��£ ,.'' Auto repair/B-2 Community Business . ,,:- - ittarterahar t .,. .::. West -' h Auto Repair/B-2 Community Business Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting to modify the conditions of a Conditional Use Permit for an Automobile Repair Garage on the B-2 Community Business zoned parcel that was approved by City Council in 1996. Currently,the site is operating as a Motor Vehicle Rental business which was approved by City Council in 2007. With the approval of this modification request,this auto rental use will be determined as null and void on this property. • The applicant is now seeking to convert the use back to an Automobile Repair Garage, specifically for a Take 5 Oil Change facility.The proposed business will limit repair services to just oil changes. Customers remain in their vehicle while the service is being performed, which takes typically 10 minutes. • All work and storage of materials will occur within the building. No body work or paint work will take place on the subject site. • As depicted on the building elevations, on page eight of this report,the existing 2,788 square foot building will remain on site with no significant structural changes anticipated to the exterior of the building.The existing Split- Face CMU masonry walls of the building will be repainted with red, brown, and tan colors to meet the Take 5 Oil Change brand standards, as well as the replacement of the existing signage with the new Take 5 Oil Change signage. • Per Section 203 of the City Zoning Ordinance, one space per 900 square feet of floor area, or three spaces for this 2,788 square foot operation is required. Four parking spaces will be designated for employees parking. The existing parking area consists of 10 parking spaces, exceeding the minimum parking requirement by three spaces. • It is anticipated that up to four employees will be on site at any one time.The proposed typical hours of operation will be from 7:00 a.m. to 7:00 p.m., Monday through Saturday and 10:00 a.m. to 4:00 p.m. on Sundays. _ Zoning History ���uri !momgr7 sula # Request WIEVILINO L I I ' �r� -� ` 3 ltEr 1 CUP(Motor Vehicle Rentals)Approved 02/13/2007 arm y !? o tea[ CUP(Automobile Repair Garage)Approved 04/23/1996 1C�. < �i� e[ 2 CUP(Automobile Repair Garage)Approved 09/26/1988 B_ '- �'; `��l�i� �� REZ(A-12 to B-2)Approved 09/26/1988 11.4111M1 *� 3 CUP(Gas Station and Car Wash)Approved 06/08/1981 oracm —�� REZ(A-1 to B-2)Approved 06/09/1980 4 CUP(Motor Vehicle Sales, Rental &Small Engine Repair) - / 111111111111 Approved 07/05/2000 5 CUP(Car Wash Facility)Approved 07/05/1988 CUP(Gasoline Sales)Approved 02/25/2003 �' % \�``� CUP(Car Wash and Auto Service Station with c It Convenience Store)Approved 06/10/2003 , 6 CUP(Church)Approved 01/12/2010 6 /�� CUP(Bingo Operation)Approved 11/10/2009 CUP(Communication Tower)Approved 11/25/2003 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 Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 2 Evaluation & Recommendation The proposed request for a Modification of Conditions, in Staff's opinion, is acceptable given the predominance of auto- centric uses in the immediate vicinity.The request is consistent with the Comprehensive Plan's policies and land use goals for the Suburban area, as the auto repair business provides a service to the area and is compatible with the number of automobile related service uses along this section of Holland Road. To ensure that the site is in conformance with the current landscaping requirements,the applicant will be installing additional trees along the street frontage as well as understory and evergreen shrubs along the rear property line, as depicted on the conceptual Landscape Plan. All existing vegetation, north of the site, will remain and will continue to provide adequate screening for the townhome community north of the property. It is the opinion of Staff that the traffic generated by the proposed oil change facility will result in a total of 100 average daily trips. There is no data available for the existing car rental business use; however,the 0.47 acre B-2 zoned parcel generates approximately 260 average daily trips. Ultimately,the proposed use will likely generate lower traffic volumes than other commercial uses that are permitted by-right in the B-2 Community Business District. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. All conditions attached to the previous Conditional Use Permit granted on April 23, 1996, are hereby deleted, and superseded by the following conditions. 2. The 2007 Conditional Use Permit for Motor Vehicle Rentals shall be null and void. 3. The exterior of the existing building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "TAKE 5 OIL CHANGE CONVERSION, 3680 Holland Road,Virginia Beach,VA 23452, CONCEPT ELEVATIONS", dated June 20, 2022, prepared by Rogue Architects,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The landscaping on site shall be in substantial conformance to the conceptual landscape entitled "TAKE 5 OIL CHANGE—VIRGINIA BEACH (HOLLAND), 3680 Holland Road,Virginia Beach,VA—CONCEPTUAL LANDSCAPE PLAN— EXHIBIT# 1", dated August 16, 2022, prepared by Pennoni Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts,tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. The existing trees located on the property shall be retained and maintained. 10. The freestanding sign shall be monument style. Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 3 11. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for the automobile repair garage use. 12. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 13. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 38,800 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2-No Data Available Existing Zoning(0.47 ac B-2 Zoning)—260 ADT Arthur Avenue No Data Available 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-100 ADT 'Average Daily Trips gas defined by a car rental 3as defined by an oil change 4 LOS=Level of Service business facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165 foot right-of-way. There is a CIP project funded for this section of Holland Road, which is scheduled to begin construction in 2030. This project will create a superstreet typical section along Holland Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 4 Road,from South Plaza Trail to South Rosemont Road, a distance of 1.3 miles. The superstreet will be developed by creating restrictions on left-hand turns from side streets and adjacent properties through the installation of Restricted Crossing U-Turn (R-CUT), which helps reduce crashes, intersections. Arthur Avenue, in the vicinity of this application, is considered a two-lane collector and is not designated on the MTP. There are currently no CIP projects to upgrade this roadway at this time. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. 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I 380 75 I i__ULL UGYQI vON a UUAI Y lUl IOU, UQU 4729 Sq Ft. EXISTING SIGNAGE QTY I TO tE REMOVED BY Gc'c ENT PRIOR To INSTALL IMPOSED IMAGERY SPECIFICATIONS --. >�; '. - • ILLUMINATED �" '#� : 4 - • CHANNEL LETTERS Quantity: I " �aca+,UY�•vrxrerroUAua S Quaneeabo,e Sea i - 1‘.,Elliii III Ac n d TW^m11 1 • I -- ; �$ Tom Color �'_:, M'MI _nterp I Block Colar DETAIL __ — — — — r'. Ram .— --- Face Oder I,@-Acrylic Foca 1=1 Ord I 1 C II Letter Interior =ilj I I -' -A i EU-B..I.WINNA Cf F:E-,'A -Nh-'TON T•_EE 4ANLiE[ET IPKALLER GWW Wee A_t!;E=-fErX NA11C•IEL'E�Owt1E&3'_ Ilurrsndicn I I •e RaJFRENEliaATILAA ARE Ali a"SARS.TIE-ARE TC•EE EFALE>P'A RCJJFER TNS 1•HA\ .,T.BF TIE.3O,WNE6 LED .su<m ^........c.. •(FM'WL AND C.CAAL OF COSTEE3MYL,?N,HPADLED P10-^,+1MER Mauling Studded ILtec Owner/Landlord Approval SIGNS1 r 1. b.; 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 REAR ELEVATION UL Unelkr.re. LWaeer*FRlc• PROOF TAKE 5 _e"_"" '°" OIL CHANGE _ _ 3680 Holland Rd Virginia Beach,VA 23452 - ITIAL LAYOUT- ... 221.61' I I iS-_ --• r4 8 %7/Zi-�i' ff[\ll f it�i(� EALr-o) 0 INSTRUCTIONAL/INFORMATIVE M!ISRAR - (NOT COUNTED TOWARD ALLOYWNC!) CiY:1 $6.Pt.iQE099. 27.6••9 Wage Adowatoe: IAA!lot Carved as Swage IMPOSED IMAGERY SPECIFICATIONS NON ILLUMINATED STAY!N YOUR CAR PVC LETTERS W/STUDS ol,a tHy See above En: IMAGES OR REAR FACAF> As n daW#p NOT AVAILAULE 1NlwRIM: riLj-irormrlimmimin1/2' MIMIERIMMIERIFace Cola: Yet. DETAIL Edge Coven Nee ow •WM/1 WC.. Mwnlny: rrr o a rzr�er SM]s w.Sic me •ma..•w+unsw NOTES •INFORMATIVE INSTRUCTIONAL MESSAGE(NOT COUNT TOWARD ALLOWANCE) •IF ROOF PENETRATIONS ARE NECESSARY,THEY ARE TO BE SEALED BY A ROOFER THIS IS HANDLED BY THE GC OWNER .wnrow wv.ce Owner/Landlord Approval IGNS•UNLIMITE communlcetc •ur ewe, 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 9 Proposed Sign Renderings SIDE A ELEVATON ,,` PROOF TAKE 5 • ° ��` OIL CHANGE =� `-= 1q Ft.Sg aga 6+9neve Alwtmca: ,i680 Holland Rd 604.80Sq Ft.Aggregate ;Virginia Beach,VA 23452 69b0 62.28. •LAYCUT. — -- Slr.,,a;22 44KE s \ 8 i.• R 1 t L�a4 �—1 L 5 2610 8ti R A.-O E,._a �I IMPOSED IMAGERY SPECIFICATIONS LX1ST1NG NONAGE • ,c. ' ILLUMINATED TORE REMO/ Bf - ,�- r - GC/CLIENT PRIOR TO MEAL -- -I.- . CHANNEL LETTERS Cntwpriso 1 + - .61 or a,mtny Y �i i See there Ste • b .- As inc roivnp 1- Q 7nm Cobs +;�. ,, Block RahVn Caton DETAIL • EKI TN. :TN - • aa. Fuca Colon •••-�-IP �L�� —.J) 336.00'EST. FCC IFS-Acrylic C l .....e Do) N.,7F. Latter Irteria Lilac Mht e •IF ELEC=.1..--\`_!-E tIS YATr•: _�F ELE=TeICAL.CONNEQInN Ilunrro,ce. / _ I ` Q I _ill TO BE 1•M_..E_-;1INTALLER.IF hi-1 FLEoRIC6U HANDLED 8f•:NMN_Rf'C LLD +..•. .._ II I •IF RIn_>F Ft NETRAI6]1Vr AIQ NECESSIW 1 Ift F PRE Tl_IL STALED B. Mantin; �^� AROOFER.THISIS HANDLE Ls BY THEGgLMNER Studded Ldtee 1-6..6. ..REMOVAL AND C4Sf'CSAL OF E)051114=•WAL_ ;Ns IA/LYFD8f 0C..TWIVER • Owner/Landlord Approval -. , .. J.2,1 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 DIRECTIONAL SIGNAGE UL.neer•,e„L,00renneslnc• PROOF TAKE 5 °"." ° OIL CHANGE -__- SPECIFICATIONS 3680 Holland Rd NON ILLUMINATED Virginia Beach.VA 23452 DOUBLE-SIDED POST be PANEL awner See below INITIAL LAYOUT Ster AS trawl; REVISIONS: Ma$arM: Ahtnfrrn,squae taping 0 pane. tl III Face Cam: SW 7693 Stone..and N as determined b9 messa;e __._-- Lp Co. 5.6076%Mks Cdfee Moven. nto Each Sq.Ft.Sfpnoge: pr, SIDE 1 SIDE 2 QTY: 1 4.00 24.X I Tzi ,ems r�1 S S . i Lzh ENTER g l' +_,.. _L. Owner/Landlord Approval N 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 10 Proposed Sign Renderings RETROFITTING EXISTING MONUMENT UL u, . a PROOF TAKE 5 ---_ i 1 19.75•EST.CLT S E—1 OIL CHANGE F-11.575-EST VO--1 3680 Holland Rd v' n Virginia Beach.VA 23452 �o '�t /LCHANGE a S mArN YOUR CAN.40 St Ft _ INITIAL LAYOUT 26 W:2 OIM Z REVISIONS. 1 Y 8a.R.YMaga. &I 52 YC Errrde0 IV Stomps Me rano, V TM SC SO 7.g7e7,9 8'M.Napa IMPOSED IMAGERY SPECIFICATIONS CABINET REPLACEMENT PANELS A:hOosIrq nterprrise OIL CHANGE - Foos Cola, PI" As in croAro STAY/N YOUR CAR ""y1 Colas KhQVKq Four. F.01(Reho'n A6 r MovthQ i S o eating xbnef SPECIFICATIONS LED RETROFIT •. TOP CABINET NOTE, ��y 6 E51 •EXSTING CONDIUONS VARY&VA', ._ _. _.:E 10 N�MOI SZE.MATERIAL.QUANTA TY.INSTALLATION.SCCNE.ETC — En.60•IE;Ref-oSt U -REFACE CAYLI PANELS;RETROFIT AS NEEDED; tj' Mourttp. •REIR;FI'IC LED 521E:(REIRCFiI AS NEEDED) EEC Immo eoomu&farmed •PANT EXISTING SIRUCNRE AND Cf BINFTS 6LACK •SJ RYE,RLWIRED Owner/Landlord Approval =, 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 11 Site Photos . , P k.,- - ''''''- ':7'110‘, it 1 •--.), _. •- , ‘ . it-' • . 411166,-.4 , • .- ... - ,;''' 7 • '0%.... . ... - . •ar,c4 '' A . . i. . *A 1, '.i.- - 'IC -'5,...., - . : - -"` 11111111111ff 111111 1111111_. . , , ..._ Ffir 1112 . ---- . -.--, •Xii,_ - - , - .... _. , _ ,.,...._ gr _....-....... .,' .11A lv--,,•aw. 4111t r ---..v. .. ,,,,.c.........:...--..-. ...,,,.....,..--4g..:.....,....1-. ...4it..v.'1_ - :..,:-.e'_ — 4.,1. 0 ..-. '.. • -". 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Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 13 Disclosure Statement r DocuSign Envelope ID 3DF3EEOC-03744687-A1366-3E986292EA72 Disclosure tatement 110 City of Voguua Beach 110, Planning&Community Development 40/1111.1.11 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 Take 5 Properties SPV,LLC,a Delaware Limited Liability Company. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Jonathan Dozier(Pennoni Associates) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jonathan Fitzpatrick Tiffany Mason Scott O'Melia • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list tf necessary) Driven Brands Inc. 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. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 14 Disclosure Statement DocuSign Envelope ID:3DF3EE0G037A-4687-AB66-3E986292EA72 Disclosure Statement 11/4B City of linginin Beath Nanning&Community 01' Development \ir Known Interest by Public Official or Employee Does an offidal or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing In connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ©No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape archltect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?El Yes ❑ No • If yes,identify the firm and individual providing the service. Pennoni Associates(Sandy White),Rogue Architects(Kim Tran) 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. Revised 11.09.2020 Wage Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 15 Disclosure Statement piDocuSign Envelope ID:0D25C4F6-05E5-4408-AF46-2EDFB60C1B0C Disclosure Statement U3 Ci:y cf Viryir.,a Heath --- - _ 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 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?El Yes 0 No • If yes,identify the firm and individual providing the service. Pennoni Associates(Jonathan Dozier) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. Driven Brands Inc.Attorneys On House attorney)(Tony Winchester) 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 w eks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Take 5 Properties Spy LLC,By:Scott O'Melia,Secretary and Executive Vice President —DocvSipned by: SUif 40-714&Ga Applicant Signature -t5A4DA031568D4D8 Scott O'Melia,Secretary and Executive Vice President Print Nam and Title August 22, 2022 Date Is the applicant also the owner of the subject property? ❑Yes El No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosur s must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pert ins to the applic tions ® No changes as of Date 9/27/2022 Signature Print Name Marchelle L.Coleman j Revised 11.09.2020 Wage Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 16 Disclosure Statement Disclosure Statement City of Virginia Bunch Planning&Community Development Owner Disclosure Owner Name FTB.LLC Applicant Name Driven Brands,Inc Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?liGes ❑ No • If yes,list the names of all officers,cirectors,members,trustees,etc.below. (Attach a list if necessary) kA..i\ I'>c Plittkt. • 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?D 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. hcv,ea S Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 17 Disclosure Statement Disclosure Statement y of{ratio Bead: 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 d No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes ENo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 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 4 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 1,No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 18 Disclosure Statement Disclosure Statement V13 City of Virginio Brach . .z , Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes g3 No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body qr committee in connection with this application. r Owner re &v.11 R.'1n{ Print Name and Title 7/1121) Date Revised 11.09.2020 7 I f a 6 e Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Take 5 Properties SPV, LLC, a Delaware Limited Liability Company Agenda Item 7 Page 20 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 7 Take 5 Properties SPV, LLC, a Delaware Limited Liability Company (Applicant) FTB, LLC (Property Owner) Modification of Conditions (Automobile Repair Garage) Address: 3680 Holland Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: Thank you. The next item on consent is item #7, and that is for automobile repair garage at 3680 Holland Road, would the representative please come forward. Can you please state your name for the record? Mr. Dozier: Good afternoon Commissioners. Again this is Jonathan Dozier with Pennoni. I will be the civil engineer on this project as well. I am here on behalf of the applicant Take 5, and all of the conditions are acceptable. Mr. Alcaraz: Alright, thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Ms. Cuellar, if you could please read this item? Ms. Cuellar: Thank you. The applicant is requesting to modify the conditions of a Conditional Use Permit for an automobile repair garage on the B-2 Community Business zoned parcel that was approved by City Council in 1996. Currently, the site is operating as a motor vehicle rental business, which was approved by City Council in 2007. With the approval of this modification request, this auto rental use will be determined as null and void on this property. The applicant is now seeking to convert the use back to the automobile repair garage, specifically for a Take 5 oil change facility. The proposed business will limit repair services to just oil changes, customers will remain in their vehicle while the service is being performed, which only takes typically 10 minutes. Staff has recommended approval as does the Commission, and hearing there's no opposition we put it on the consent agenda. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19,and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the previous Conditional Use Permit granted on April 23, 1996, are hereby deleted, and superseded by the following conditions. 2. The 2007 Conditional Use Permit for Motor Vehicle Rentals shall be null and void. 3. The exterior of the existing building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "TAKE 5 OIL CHANGE CONVERSION, 3680 Holland Road, Virginia Beach, VA 23452, CONCEPT ELEVATIONS", dated June 20, 2022, prepared by Rogue Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The landscaping on site shall be in substantial conformance to the conceptual landscape entitled "TAKE 5 OIL CHANGE—VIRGINIA BEACH (HOLLAND), 3680 Holland Road, Virginia Beach, VA— CONCEPTUAL LANDSCAPE PLAN — EXHIBIT# 1", dated August 16, 2022, prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. The existing trees located on the property shall be retained and maintained. 10. The freestanding sign shall be monument style. 11. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for the automobile repair garage use. 12. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 13. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. >NN �r � 4,4•_ _, �`R��5j �A.�R�5 '1-R7�5�� � [3��� _ R10 <,› . c , fr •�`J 00. 0 Q �� LC7- \ AG�1 06, pi Q. d N ' , 0 0 ° L-I Di n.;24 * / °' t. ° P----- IIW °" \N\ \RT.§ 4<p _ , _.::-- - —I:- / 1/0\1 o, � A.GI A.G2 4 \ � o ��10 D Lr' 3 \ AG2Q � AG 6,,\ � ��� � � � .,C3 f3, � V � 'Go \d.( . � v 0 � 0 _----- ,,,/ 1; , \ \ -41 \ , ., \ ' .- sk°62 0 .(-) ,c, ' o .40,,,r\ti .. . \ .k. . ). .‹ .\''Pso, I 0/\,, , GI 0 eke- i 0 %., ‘-•/ ,‘ , 2 \\ 11 I • .C). . > . 0\ .c . . .:C)° \ , <\*\ \ \ / R1-0 ° . %.(s\ '. ). - ' \-,) # . ..,.. ). es., .( 3° N6 .,0,_:# ,\ \?,... , \ ,N ---_ _____-- NN , /4 w t<sR\to;\x, \ ., ,. /AP Ni, ---N Build Senior Living, LLC, a Michigan Limited Liability Company W Site �� /„ Property Polygons Parcels on the north side of the intersection of Zoning Princess Anne Road & Tournament Drive, west of s Building 2708 Princess Anne Road m mimi• iii mom Feet 0 55110 220 330 440 550 660 [ ,,,i,-Aizi ,,,, 7,; is t' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BUILD SENIOR LIVING, LLC, A MICHIGAN LIMITED LIABILITY COMPANY [Applicant] Keith L. Setzer, Sheryl Setzer Melvin, Belinda Setzer Hester, JSW Holdings, LLC [Property Owners] Conditional Change of Zoning (AG-1 & 2 Agricultural District to Conditional 0-1 Office District) & Conditional Use Permit (Housing for Seniors & Disabled Persons) for the properties located on the north side of the intersection of Princess Anne Road & Tournament Drive, west of 2708 Princess Anne Road (GPINs 1494564060, 1494562223). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: October 18, 2022 • Background: The applicant seeks to rezone 10.87 acres from AG-1 and AG-2 Agricultural Districts to Conditional 0-1 Office District along with a Conditional Use Permit to construct and operate an 82,800 square foot assisted living facility with up to 88 beds. An assisted living facility is classified as Housing for Seniors and Disabled Persons in the Zoning Ordinance and requires a Conditional Use Permit in the 0- 1 Office District. Development within the 0-1 Office District is limited to a maximum of 25 percent lot coverage. As the submitted plan reflects a lot coverage of 29%, a deviation to this requirement is requested. The proposed 15-foot wide buffer with Category IV landscaping along the church and residential dwellings that are south of the site exceed the 10-foot wide buffer with Category I landscaping required by the Ordinance. • Considerations: The Planning Commission concurred with Staffs assessment that the proposal is in compliance with the Comprehensive Plan's recommendation by providing a necessary and needed housing option for senior citizens. While the Plan calls for the development of primarily single family homes in this area, the housing vision for Virginia Beach calls for "vibrant, well-maintained neighborhoods where all residents have the opportunity to obtain desirable, safe, and affordable housing and enjoy a high quality of life," which includes housing for seniors. As the property is within the 65-70 dB DNL noise zone and Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ), the applicant presented the merits of the request to the Joint Review Process Group (JRP). The Comprehensive Plan Build Senior Living, LLC, a Michigan Limited Liability Company Page 2 of 3 recommends that discretionary proposals for residential development within this noise zone and sub-area be comparable or lower in density to that of the surrounding area. The JRP determined counting each bed as a unique individual unit is not reflective of the Comprehensive Plan's intent. In other words, the JRP noted that 88 beds should not be evaluated similarly to 88 dwelling units. The assisted living facility will not have individual kitchens, nor will it have independent living units, and as such, each bed is not considered one dwelling unit but closer to other permitted uses in the sub-area such as hospitals or convalescent homes. Based on this, the JRP determined that the proposal is consistent with the recommendations in the Comprehensive Plan. The applicant appeared before the Senior Housing Advisory Committee on June 29, 2022 to share details of the proposal and no concerns were raised. Princess Anne Road is identified as an access-controlled roadway in the Master Transportation Plan (MTP). The proffered plan depicts a one-foot, no ingress/egress easement along Princess Anne Road, with the exception of a single access point. Staff noted that the traffic volume generated by this development can be accommodated within the current road infrastructure. The Comprehensive Plan shows a portion of the London Bridge Extended South and the extension of Cantwell Road through this site. However, there is no demand or Capital Improvement Program slated for these improvements at this time. The Applicant has agreed to a condition that would require the access for this site to be relocated to one of the new roads for if or when these roadways are constructed to eliminate conflict points on Princess Anne Road. An underground stormwater management system is proposed to capture and treat stormwater. Staff reviewed the conceptual stormwater management strategy and concurs with the applicant that the proposal has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There was one letter of concern provided regarding a possible shared vehicular ingress/egress along Princess Anne Road using that property owner's land. The letter specifically noted that there was no opposition to the application. Both Planning and Traffic Engineering Staff met with the adjacent property owner, who hoped to use his parcel as the shared access point. Also, one speaker signed up to participate virtually; however, due to technical issues, the comments could not be heard. Build Senior Living, LLC, a Michigan Limited Liability Company Page 3 of 3 • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 - 0. 1. Access to the site shall be from Princess Anne Road as depicted on the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group exhibit referenced in Proffer 1 until such time as another public roadway abutting the site is constructed, then the access point on Princess Anne Road shall be vacated and access to the site shall be from the new roadway subject to the approval of the Department of Public Works. 2. Prior to Final Site Plan approval, a Subdivision Plat shall be recorded to consolidate the parcels into a single lot. 3. Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement on the property line adjacent to Princess Anne Road shall be established as depicted on the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group hibit referenced in Proffer 1. 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / it City Manager:er: )I,' � Applicant Build Senior Living, LLC, a Michigan Limited Liability\1B Agenda Company Items Property Owners Keith L. Setzer, Sheryl Setzer Melvin, Belinda Setzer 1 & 2 Hester,JSW Holdings, LLC Planning Commission Public Hearing September 14, 2022 Virginia Beach City Council District District 2,formerly Princess Anne Requests #1 -Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional 0-1 Office District) __. - i `...,/ ir #2 - Conditional Use Permit (Housing for Seniors& Disabled Persons) Staff Recommendation )11etT Approval Staff Planner OP Hoa N. Dao !-\ ILocation • „I , Parcels on the north side of the intersection of �lif Princess Anne Road &Tournament Drive,west Qa� of 2708 Princess Anne Road ,,,�� GPINs 1494564060, 1494562223 j PSS� Site Size " � ��P�od 10.87 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers . . c" Existing Land Use and Zoning District , •:j: - , _ +� Wooded parcels/AG-1 &AG-2 Agricultural _ • Surrounding • Land Uses and ZoningDistricts *4. J.` 44,*ri . North - . Single-family dwellings/ R-7.5 Residential '° ''� ' South Princess Anne Road Undeveloped parcel/I-1 Light Industrial East , ?1; ,,;6 �.. ,• , Single-family dwelling, church/ R-10 Residential ., -.4 ' . .,- West * _... i. Wooded parcel/AG-1 &AG-2 Agricultural .wis ` ' . `v -� Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 1 Background & Summary of Proposal • The applicant seeks to rezone 10.87 acres from AG-1 and AG-2 Agricultural Districts to Conditional 0-1 Office District along with a Conditional Use Permit to construct and operate an 82,800 square foot assisted living facility with up to 88 beds. An assisted living facility is classified as Housing for Seniors and Disabled Persons in the Zoning Ordinance and requires a Conditional Use Permit in the 0-1 Office District. • The proffered elevations depict a single-story structure with exterior building materials of brick veneer, composite board and batten siding, prefinished metal panels, and asphalt roof shingles. • The property is within the 65-70 dB DNL noise zone and Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). • The applicant appeared before the Senior Housing Advisory Committee on June 29, 2022 to share details of the proposal. • Development within the 0-1 Office District is limited to a maximum of 25 percent lot coverage. As the submitted plan reflects a lot coverage of 29 percent, a deviation to this requirement is requested. • As depicted on the proffered Conceptual Site and Landscape Plan,the proposed parking and landscape screening exceed the minimum requirements of the Zoning Ordinance. Zoning History ipC'` © �� - ,R ', I D V C # ' Request O\ i D 1 MDP Approved 11/20/2018 O Ve'r 04 . O fl dO� O CRZ(AG-1 to Conditional R-10)Approved 11/20/2018 0 ; it p< • . AG1 % .p� ;�'. 0 CRZ(AG-1&AG-2 to Conditional R-10)Approved t;. 1a ` � ;,.Q O,� 01/05/2016 Qor .�c� 2 CRZ AG-1&A -2 tConditional 1-1 A r ;� � Q ( G o ) pp oved i CG � 12/13/2016 (� ntiTIA=` CRZ AG-1 to Conditional B-2)Approved 02/03/2009 `4--/ AG2 . ff* i>,, gyp- a ;1; CUP(Recreational Facility)Approved 02/03/2009 9A 4 6\',_ `' w CRZ(0-2, B-2, R-10, P-1, H-1 to AG-1)Approved c I 05/27/1997 �• ,› ' CUP(Recreational Facility)Approved 05/27/1997 �� �C „�1 3 ` 3 CUP(Church Expansion)Approved 05/23/2006 l �• 4 ,_4 ;� CUP(Church Expansion)Approved 04/08/2003 ,�� >% / CUP(Church Expansion)Approved 10/02/2001 _ o. CUP(Church Expansion)Approved 09/24/1996 c1 \' / GNP. < `� ,� CUP(Preschool)Approved 06/14/1994 4 LUP Approved 1989 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 Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 2 Evaluation & Recommendation In Staff's view,the proposal to operate an assisted living facility at this location is acceptable. The proposal is in compliance with the Comprehensive Plan's recommendation by providing a necessary and needed housing option for senior citizens. While the Plan calls for the development of primarily single family homes in this area, Staff finds the use acceptable as the housing vision for Virginia Beach calls for"vibrant,well-maintained neighborhoods where all residents have the opportunity to obtain desirable, safe, and affordable housing and enjoy a high quality of life,"which includes housing for senior citizens. Per the Zoning Ordinance,44 parking spaces are required for the proposed facility with 88 beds.The proffer Conceptual Site and Landscape Plan shows 54 parking spaces to be provided,thereby, exceed the parking requirement by 10 spaces. The proposal also exceeds the screening requirement between office and residential zoning districts. While a 10-foot wide buffer with Category I landscaping is required by the Ordinance,the applicant proposes to install a 15-foot wide buffer with Category IV landscaping to enhance the screening between the use on this site and the church and residential dwellings that are south of the site. In Staff's view,the request to exceed to maximum lot area of 25 percent is acceptable. The operation of this use required the building to be of a single-story and all improvements are depicted outside of the wetland area. Following protocols established for review of proposed development actions that are incompatible with the AICUZ, on December 21, 2021,the applicant presented the merits of the request to the Joint Review Process Group (JRP). The JPR includes Staff from both NAS Oceana and the City of Virginia Beach and meets for the primary purpose to determine whether proposed discretionary applications comply with the applicable provisions of the AICUZ Overlay Ordinance and to report those findings to the Planning Commission and City Council. A copy of the JRP determination is included on pages 13 to 16 of this report.The Comprehensive Plan recommends that discretionary proposals for residential development within this noise zone and sub-area be comparable or lower in density to that of the surrounding area.The JRP determined counting each bed as a unique individual unit is not reflective of the Comprehensive Plan's intent and that 88 beds should not be evaluated similarly to 88 dwelling units. The assisted living facility will not have individual kitchens, nor will it have independent living units, and as such, each bed is not considered one dwelling unit. Based on this,the JRP determined that the proposal is acceptable. Princess Anne Road is identified as an access-controlled roadway in the Master Transportation Plan (MTP). As shown in the proffered Conceptual Site and Landscape Plan, a one-foot no ingress/egress easement is proposed along Princess Anne Road,with the exception of a single access point. Staff reviewed to proposal and finds the proposed access point to be acceptable and the traffic volume generated by this development can be accommodated with the current road infrastructure.The Comprehensive Plan shows a portion of the London Bridge Extended South and the extension of Cantwell Road through this site. However,there is no demand or Capital Improvement Program slated for these improvements at this time. A condition is recommended for if or when these roadways are constructed, access to this site will be relocated to one of the new roads to eliminate conflict points on Princess Anne Road. The development will utilize an underground stormwater management system. Staff reviewed the conceptual stormwater management strategy and agrees it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. Based on the consideration described, Staff recommends approval of these requests with the proffers as presented and conditions below. Build Senior Living, LLC,a Michigan Limited Liability Company Agenda Items 1 & 2 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the building constructed on the Property,when developed, shall be in substantial conformity with the exhibit entitled "Conceptual Elevation, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Seidell Architects (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the Concept Plan. Proffer 4: Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5: Pursuant to Section 107(i) of the Virginia Beach Zoning Ordinance, maximum lot coverage of 29%will be permitted in lieu of the maximum 25% lot coverage otherwise required under the Zoning Ordinance. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. Access to the site shall be from Princess Anne Road as depicted on the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group exhibit referenced in Proffer 1 until such time as another public roadway abutting the site is constructed,then the access point on Princess Anne Road shall be vacated and access to the site shall be from the new roadway subject to the approval of the Department of Public Works. 2. Prior to Final Site Plan approval, a Subdivision Plat shall be recorded to consolidate the parcels into a single lot. Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 4 3. Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement on the property line adjacent to Princess Anne Road shall be established as depicted on the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group exhibit referenced in Proffer 1. 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. Comprehensive Plan Recommendations The Comprehensive Plan recognize these properties as being within the North Courthouse Suburban Focus Area of the City, directly north of the Green Line and Princess Anne Commons. The Plan calls for significant landscape buffers to be established between existing residential areas, proposed developments, and roadways to mitigate adverse visual and noise concerns. Development within this area should focus on strongly preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhood located in this area. Natural & Cultural Resources Impacts The property consists of non-tidal wetlands on the northeastern half of the site. All improvements are proposed to be outside of the wetland areas. The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, poorly draining souls, and high water surface elevations in downstream receiving waters. There are no cultural resources identified on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 29,600 ADT' 39,700 ADT 1(LOS 4"D") Existing Zoning Z-20 ADT Proposed Land Use 3—229 ADT 1 Average Daily Trips 2 as defined by 2 agriculturally 3 assisted living facility with 88 4 LOS=Level of Service zoned properties beds Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a four-lane divided major suburban, access controlled, arterial roadway. Princess Anne Road is an access-controlled roadway per the MTP. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a senior living facility, associated parking, and amenities on vacant land at Princess Anne Road near Tournament Drive. Stormwater runoff from the site currently drains to the north through existing ditches and wetland areas. Stormwater runoff from the proposed improvements will be collected into an underground storage facility that will treat for water Build Senior Living, LLC,a Michigan Limited Liability Company Agenda Items 1 &2 Page 5 quantity before discharging offsite into the Princess Anne Road storm sewer system. The purchase of offsite nutrient credits will be utilized for water quality pollutant load reduction requirements. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The City's Stormwater Master Drainage Model was used in the Preliminary Stormwater Analysis and included an offsite analysis to demonstrate that the development has a viable strategy to prevent negative impacts or increased flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with all stormwater regulations. Final design and detailed updates will be made during site plan submittal to ensure conformance with requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 5.3 acres Pre-Development impervious area:0.00 Acres Post-Development impervious area: 2.88 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design updated rainfall amounts(NOAA plus 20%) and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Underground Detention Total storage volume provided in proposed stormwater management facilities: 99,839 cf Description of outfall:Stormwater runoff from the site that enters into the underground storage facility will discharge directly into the existing storm sewer system along Princess Anne Road. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through the Princess Anne Road storm sewer system into West Neck Creek,through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 5.45 lb/yr Method of treatment proposed: Offsite Nutrient Credits Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge for the 2- yr 24-hr storm. Flood protection:Attenuation of peak flow rates with no increase in flooding for the 10-year 24-hour storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR)storm event. Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 6 Public Utility Impacts Water The proposed development must connect to City water. The 20-inch water transmission main along the rear of the property shall not be tapped. A water tap can be made from the 10-inch fire hydrant line that extends across Princess Anne Road. Sewer The proposed development must connect to City sanitary sewer.There is a 10-inch City sanitary sewer gravity main along Cantwell Road and a 4-inch City sanitary sewer force main along Princess Anne Road. A private utility easement is needed for connection to Cantwell and upgrade to the four-inch main is needed should the developer opted to connect to the four-inch main on Princess Anne Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 7 Proposed Conceptual Site & Landscape Plan W ' sk D u V; b, O xi ' Ing 'i_f w E i s g d _ Y a s z e. _$ $ • _tt - E2 nlvt i 10 '"t` . 'i W v?.7, - . 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' , -., , Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 12 JRP Determination Letter 111Mr.Fra.W.-- JOINT CITY-NAVY REVIEW PROCESS GROUP FINDINGS PER THE 2008 MEMORANDUM OF UNDERSTANDING BETWEEN NAVAL AIR STATION OCEANA&CITY OF VIRGINIA BEACH ♦ Applicant: Hampton Manor Assisted Living Facility Meeting Date: December 21,2021 Meeting Location: 2875 Sabre Street,Suite 500 Attending: Applicant:, David Johnson Rob Beaman,Attorney Shahid Imran Joint Navy-City Staff Group: John Lauterbach,NAS Oceana/Aviation-AICUZ Technical Advisor Bobby Tajan,City of Virginia Beach/Planning Carolyn Smith,City of Virginia Beach/Planning Marchelle Coleman,City of Virginia Beach/Planning Elizabeth Nowak,City of Virginia Beach/Planning Michaela McKinney,City of Virginia Beach/Planning Brandon Hackney,City of Virginia Beach/Planning Karen Prochilo,City of Virginia Beach/Housing Beverly Wilson,City Attorney's Office • • Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 13 JRP Determination Letter Joint Review Process Group Evaluation Pap20f4 GPINs 1494-56-2223-0000,1494-56-4060-0000 BACKGROUND Site Location: Princess Anne Road,between 2824&2708 Princess Anne Road AICUZ: 65-70 dB DNL;Sub-Area 2 Existing Zoning: AG-1&AG-2 Agricultural Proposed Zoning: 0-1 Office Existing Use: Vacant Proposed Use: Assisted Living Facility To develop a±80,000 square feet assisted living facility with approximately 88 Request: beds on 10.88 acres. "As part of the Virginia Beach Zoning Ordinance, the administration of Article 18,Special Regulations in Air installations Compatible Use Zones (AICUZ), is wholly the responsibility of City of Virginia Beach staff. Participation in the Joint Review Process Group by U.S.Navy personnel assigned to Naval Air Station Oceana is limited to providing technical advice on matters such as the U.S.Navy AICUZ instruction,from which Article 18 is derived,and questions pertaining to naval air operations. All conclusions and opinions with respect to an application's adherence to the requirements of Article 18 are solely those of the City of Virginia Beach staff." • • RELAVANT FACTS ASSOCIATED WITH PROPOSAL The applicant is requesting an evaluation to occupy the 10.88-acre site for development of an 80,000 square foot assisted living facility with approximately 88 beds. The site is located within the 65 to 70 dB DNL AICUZ(Sub-Area 2).Section 1804(c)of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICUZ. • • Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 14 JRP Determination Letter Joint Review Process Group Evaluation Page 3 of 4 GPINs 1494-56-2223-0000,1494-56-4060-0000 APPLICABLE ZONING ORDINANCE PROVISIONS Sec.1803(a)--Applicability The provisions of this Article[18)shall apply to discretionary development applications for any property located within an Accident Potential Zone(APZ)or 65-70 dB DNL,70-75 dB DNL, or>75 dB DNL Noise Zone,as shown on the official zoning map,that have not been approved or denied by the city council as of the date of adoption of this Article.For purposes of this Article,discretionary development applications shall include applications for: 1) Rezonings,including conditional zonings; 2) Conditional use permits for new uses or structures,or for alterations or enlargements of existing conditional uses where the occupant load would increase; 3) Conversions or enlargements of nonconforming uses or structures,except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase;and 4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased. Section 1804(c)(2)—Discretionary Development Applications for Residential Uses: (2) For property within Sub-Area 2 of the 65-70 dB DNL Noise Zone,discretionary development applications for residential uses may be approved only if the city council finds that the proposed development: (i) Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan;and (ii) Conforms to the applicable provisions of the Comprehensive Plan,including,without limitation,the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. • EVALUATION The Joint Review Process Group(JRP)evaluated this request for compliance with the above provisions of Section 1804(c)(2)of the City Zoning Ordinance. The vacant 10.88-acre site is zoned AG-1&AG-2 Agricultural District.The applicant proposes to rezone the site to Conditional 0-1 Office District in order to develop an 80,000 square foot building for operation of an assisted living facility with approximately 88 beds. Assisted living facility is classified as Housing for Seniors and Disabled Persons in the Zoning Ordinance and require a Conditional Use Permit in the 0-1 Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 15 JRP Determination Letter Joint Review Process Group Evaluation Page 4 of 4 GPINs 1494-56-2223-0000,1494-56-4060-0000 zoning district.The Conditional Rezoning and Conditional Use Permits requests are discretionary action by City Council,and are therefore subject to the provisions of Article 18 of the Zoning Ordinance. While the average residential density of the surrounding area varies between 1.90 to 2.66 units per acre, the proposed facility with approximately 88 beds does not fit with how residential density is typically calculated in the Ordinance.The Ordinance counts the number of dwelling units rather than the number of beds being proposed.As the proposed assisted living facility will not have individual kitchens,nor will it have independent living units,the facility doesn't fall into the classification of a"dwelling unit".The facility will provide assisted and memory care services to the elderly population.There will be no density count with this development,as there are no residential units. It is the opinion of the Joint Review Process Group that based on criteria established for discretionary proposals in Sub-Area 2 as specifically set forth in Section 1804(c)(2)of the Zoning Ordinance,the proposed assisted living facility with approximately 88 beds is an acceptable use on this property. For the City-Navy Joint Review Process Group— Hoa N.Dao Planning Evaluation Coordinator Department of Planning and Community Development Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 16 Disclosure Statement t • ri 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 Virg,-la Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure APP,cant Name Build Senior Living LLC,a Michigan limited liability company Does the applicant have a representative? ■ Yes ❑No • if yes,list the name of the representative Robert P.Bearnar Ill,Esq.-Troutman Pepper Hamilton Sanders LAP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • If yes,list the rames of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Sole Member and Manager. Shahid Imran • 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"Affix':red business entity relationship"means'a relationship,other than parent•subsid`.ary 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 en 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 end Local Government Conflict of Interests Act,Va. Code i 2.2-3101. Revised 11.09.2020 1 I P a g e Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 17 Disclosure Statement ^w - Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have ar interest in the subject land or any proposed development contingent on the subject public action?❑Yes R No • If yes,what Is the name of the official or employee and what is the nature of the interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralieation,etc)or are they considering any financing it connection with the subject of the application or any business operas rig or to be operated on the property? ❑Yes ll! hto • If yes,identify the financial institutions providing the service. 2. Does the applicant nave a reel estate broker/agent/realtor for current and anticipated future sales of the subject property? II Yes ❑No • if yes,identify;he company and individLa providing the service. Venture Realty(Samantha Ogden) 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 or.the property?❑Yes =No • If yes,identify the firm and individuai 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 i7 No • If yes,identify the firm and individual providing the service. Seidell Architects(Todd Seidell) 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 P a g e Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 18 Disclosure Statement Disclosure Statement ivy 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 Ei No • If yes,identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent i,connection with the subject of the application or any business operating or to be operated on the property?t Yes ❑No • If yes,identify the firm and individual providing the service. Timmons Group(David Johnson,PIA);The Deventhal Company(less Saylor; 8. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. Robert P.Beaman Ill Esq.-Troutman Pepper Hamilton Sanders LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon rec pt of notification that the application has been scheduled for public hearing,I am responsible for updating the Info on p ded herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or 1ic y or committee in connection with this application. l/f I f _ hal d Imran,Sole Member/Manager Print Name and Title 011/16/202 2 ------ --- -------Date - --- —-Is the applicant also the owner of.tie subject property? ❑Yes II No • if yes,you do not need to fill out the owner disclosure statement FOR CYIY USE ONLY/All d+uinstnps muss bp u{xtatt•d Pt,•nrnr Crr•nmi',ion,rid City Cnuntil meeting that prrta+nf,to tihr nppliwtion> No thanes as of oat' 09 27.2022 s+e^aturr /same Hoa N.Dao Revised 11.09.2020 3( P a g e Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 19 Disclosure Statement Disclosure Statement 1Vric, _ city ifrigi e Planning&Community t)t.'elopment Owner Disclosure Owner Name Keith L.Setzer,Sheryl Setzer Melvin;Belinda Setzer Hester• �S LA) I}Z, d Iv��S , LC Applicant Name HdrtIOturr Matrur Premier ASSiatesd Lidlny,LLC Build Senior Living. LLC a Michigan Limited Liability Company 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) N/A s�S W Noll;vas, L -C — Sose h Wa-1-b n; (rt a.x&aak • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an offidal 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? N/A '"Parent-subsioiary 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." Sec 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 cr 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 Governrnert Conflict of Interests Act,Va. Code§2.2-3101. SI Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 20 Disclosure Statement Disclosure Statement .,:. ,,'__ .,. .---r...,,....„...,"....., 1B Manning t�t L CIIIIIIItI ill�1' Development Owner Services Disclosure 1 noes the Owner have any existing financing(mortgage,deeds of trust,cross-cotlateralization,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 A No • If yes,identify the financial institutions provicing the service. 2 Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject propel ty? ❑Yes I No • If yes,identify the company anc incivicual provicing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of tire application or any business operating or to he operated on the property?❑Yes ■ No • If yes,identify the firm anc individual providing the service. 4 Does the Owner have services from an architect/landscape architect/land planner provided in runner Lion with the vrbjer r of the application of any business open sting rrr lobe operated on the property?❑Yes NI No • If yes,identify the firm and individual providing the service. 5. Is there any other pending cc proposed purchaser of the sribjr,r Fri oper ty?❑Yes it No • If yes,identity 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 properly?0 Yes ® No • If yes,identify the company anc incivicual provicing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to he operated on the property?❑Yes III No • If yes,identify the firm anc incivicual provicing the service. f, j Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 21 Disclosure Statement Disclosure Statement \fa Planning&Communityy 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?L Yes lfE No • if yes,identify the firm and indiv dual providing legal the service. St`iuz3 o , 'APT, '1 )P.C, (es,way& F30..rCtOY) 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 responsble for updating the Information provided herein two weeks to the meeting of Manning Commission,City Coundl,VBDA,CBPA,Wetlands Board or any public body committee lea with this application. See attached Owner sage ` I Print Name asr/71Me Date • • 7I- ag- Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 22 Disclosure Statement Build Senior Living,LLC.a Michigan Limited Liability Company Conditional Use Permit Application of G P I N:1494-56-4060-0000 Owner Signature Page li ekh L. Dale Sheryl Setz_er Melvin Date Belinda Setter Resler Date Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 23 Disclosure Statement Build Senior Living,LLC,a Michigan Limited Liability Company Conditional Usc Permit Application of , G PIN:1494-56-4060-0000 Owner Signature Page Keith 1..Sctzer Date 4j,/ heryl Setaer�r /- y. Ilefeii"-r."-\ ,leKin Date Belinda Setaer Hester -- Dale ------- Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 24 Disclosure Statement Build Senior Living.LLC,a Michigan Limited Liability Company Conditional Use Permit Application of Iianqit GPfl:1494-56-4060-0000 Owner Signature Page Keith L.Selzer Date Sheryl Selzer Melvin Date soed &-i64. Belinda Selzer Hester' kfa re h 3 2 0 2 z Date Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 25 Disclosure Statement Build Senior Living,LLC,a Michigan Limited Liability Company Conditional Re-Zoning Application of (,PIN:1494-56-4060-0000 Owner Signature Page Sheryl Setzer Melvin Date Belinda Setzer Hester Date Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 26 Disclosure Statement Build Senior Living,LLC,a Michigan Limited Liability Company Conditional Re-Zoning Application of Hampton M1111137-1Premter2tstatedilvtilvtte— GP1N:1494-S6-4060-0000 Owner Signature Page Keith L.Selzer Date S1ieryl Setter a• i i o Date Belinda Selzer Hester Date Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 27 Disclosure Statement Build Senior Living.LLC,a Michigan Limited Liability Company Conditional Re-Zoning Application of Htctn Meno# GP IN:1494-56-1060-0000 Owner Signature Page Keith L.Seiner Date Sheryl Seticr Melvin Ae-d-knott- Belinda Setter Hester ma f"e�- 3 20 Z z Date Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 &2 Page 28 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. Build Senior Living, LLC, a Michigan Limited Liability Company Agenda Items 1 & 2 Page 29 Prepared by and return to: Robert P.Beaman lll,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach.VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement") made this 24th day of February. 2022, by and between JSW HOLDINGS, L.L.C.. a Virginia limited liability company ("JSW", to be indexed as grantor); KEITH L. SETZER ("KLS". to be indexed as grantor); SHERYL SETZER MELVIN ("SSM". to be indexed as grantor); BELINDA SETZER HESTER ("BSH." to be indexed as grantor); BUILD SENIOR LIVING LLC. a Michigan limited liability company ("Hampton Manor, and together with JSW, KLS. SSM and BSH.the "Grantor".to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee". to be indexed as grantee). WITNESSETH: WHEREAS. JSW is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, being identified as GPIN 1494-56-2223-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "JSW Property"); and WHEREAS. KLS, SSM and BSH are the current owners of that certain parcel located in the City of Virginia Beach. Virginia, being identified as GPIN 1494-56-4060-0000, as more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Setzer Property". together with the JSW Property,the"Property"); and WHEREAT-Hampton Manor is the contract purchaser of the Property; and WHEREAS. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG l and AG2 to Conditional 0-l; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the GPINs: 1494-56-2223-0000; 1494-56-4060-0000 124142441 v4 community that are not generally applicable to land similarly zoned Conditional 0-1 are needed to cope with the situation to which the Grantor's rezoning application gives rise: and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee. as part of the proposed conditional amendment to the Zoning Map. in addition to the regulations provided for in the existing 0-1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development. operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property. all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive it 1plementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia. Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest. voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group (the "Concept Plan"). a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "Conceptual Elevation, Hampton Manor Premier Assisted Living of Virginia Beach", dated 124142441v4 2 February 22. 2022, and prepared by Seidell Architects (the "Elevations"). a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Landscaping installed on the Property. when developed. shall be in substantial conformity with that shown on the Concept Plan. 4. Freestanding signage located on the Property shall be monument-style with a brick base, no larger than eight feet (8') in height. and shall be constructed of materials compatible with those used for the buildings located on the Property. 5. Pursuant to Section 107(i) of the Virginia Beach Zoning Ordinance, maximum lot coverage of 29% will be permitted in lieu of the maximum 25% lot coverage otherwise required under the Zoning Ordinance. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions. including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction. abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code. the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 124142441%4 3 IN WITNESS WHEREOF. the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BUILD NIOR LIVING LLC. a Michigan limited 1'•'.:li*- c.mpany By: Nam;: 1 Amyl Title 1M. IMM C (% STATE/COMMONWEALTH OF m a•AV en CITY/COUNTY OF `S0,1\QAlA.) ,to-wit: The foregoing instrument was sworn to and acknowledged b .fire me this l-7 day of - 2022,by S'bVxUtZJA . as NAitit (I\4llli'l trSuild Senior Living LLC, a chigan limited liability company. He/She is either personally known to me or has produced (j4'Th f i tQI as identification. Witness my hand and official stamp or seal this Ui day of PrUdA10--. 2022. ctiadikame RAZANN I PEDAWI 0 Notary Public-State of Michigan County of Saginaw My Commission Expires Jan 16,2025 0 -'" i 'ublic (SEAL) Acting in the County of f "I-6.— My Commission Expires: Registration Number: 124142441v4 4 GRANTOR: JSW HOLDINGS,L.L.C., a Virgi ' li ited li ' ity ► pany By: '.411111P Name: k-4,‘ Title: i 0OMMONWEALTH OF Ni` di OUNTY OF \ft,t)t- ft,k1 ,to-wit: The foregoing instrument was sworn to and acknowledged before me this I day of �, - , 2022,by 18,Jtist&as - of JSW Holdings, L.L.C., a Virginia limited liability company. He/She is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this I day of F-21,1,.___ , 2022. t -4i v Notary Public (SEAL) My Commission Expires: -1- ,l' 2/ Registration Number: 'jar s-n5 ',ems A\•••••.. ...... ,Q`II . My Comm.Expires �,G i y • • ii2 0 p '; 7215513 1 gj ,,. -Aim V iiit0�••NI\'� 124142441v2 5 GRANTOR: K - L. Setzer STATE/COMMONWEALTH OF J1 iYk CITY/COUNTY OF YJ jJ„v ti e ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 2- ' da of ��� y 2022, by Keith L. Setzer. He is either personally known to me or has produced N-64) (41)z StrAt (' L as identification. Witness my hand and official stamp or seal this 2 I S da /(�' ,2022. No blic (SEAL) My Commission Expires: I. (Z) L o-z- Registration Number: Q I C 4 a/ 2 �`S— SHEREECE RTHEL CLARKE Notary Public-State of New York N0.01CL6292865 Qualified in Bronx County A My Commission Expires Nov 12,2025 Aigerme 124142441v3 6 GRANTOR: Shery etzer Mely STATE/COMMONWEALTH OF N CJ CITY/COUNTY OF Csocar ruS , to-wit: The foregoing instrument was sworn to and acknowledged before me this o- , day of , 2022, by Sheryl Setzer Melvin. She is either personally known to me or has produced N I!'i1._i- . oom LIT?,af-}(0_9)--as identification. Witness my hand and official stamp or seal this o day of 1 -0,1r), 2022. 9_boa)j Cugra-13 Notary Public (SEAL) My Commission Expires: a n i r. Q, ao,a MELISSA D CRAYTON Notary public- North Carolina Registration Number: Cabarrus County My Commission Expires Jan 9, 2025 124142441v3 7 GRANTOR: 47 / 2104171,2 Belinda Setze ester STATE/COMMONWEALTH OF V f CITY/COUNTY OFSoxpQ_ace, , to-wit: The foregoing instrument was sworn to and acknowledged before me this l C day of frat-Cr\ , 2022, by Belinda Setzer Hester. She is either personally known to me or has produced \(A (l n'Qr5 (a LeXiSQ as identification. Witness my hand and official stamp or seal this 1Ci day of T -C,h , 2022. Notary Public (SEAL) My Commission Expires: aao - @-4 Registration Number: "! 1 Kristina Marie Morrison- '...,..el l ;�_ Notary Public 1yCommonwealth of Virginia � =j RQgistration No. 7847914 R�' . ' ",'y(omission Expires Feb.29,2024 124142441v3 8 EXHIBIT A Legal Description GPIN: 1494-56-2223-0000 ALL THAT certain lot. piece or parcel of land, lying and being in the City of Virginia Beach (f/k/a Princess Anne County), Virginia, and known and designated as property of Thelma Williams, 6.92 Ac., as shown on the Plat of "Property of Robert C. Setzer. et al, located near P.A. Courthouse-Princess Anne Co., Va.", dated November 6. 1956, made by W. B. Gallup, County Surveyor, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach (f/k/a Princess Anne County), Virginia, in Map Book 43, at Page 6, to which reference is made for a more particular description; the said property being more particularly described with reference to said plat as follows: BEGINNING at a point on the north side of Courthouse Road. State Highway No. 165, that being the dividing line between the property herein conveyed and property designated as "Robert C. Setzer" on said plat; thence running along the north side of said highway North 45 degrees 52 minutes West 238.0 feet to a point; thence turning and running along the side of a ditch North 21 degrees 05 minutes East 1,072.0 feet to a pin on the South side of the right of way of the Norfolk and Southern Railroad; thence turning and running along the South side of said right of way South 37 degrees 30 minutes East 420 feet to a point; thence turning and miming south 29 degrees 28 minutes West 956.4 feet to the North side of State Highway No. 165, the point of beginning. 124142441v4 9 Exhibit B Legal Description G P IN: 1494-56-4060-0000 All that certain lot. piece or parcel of land, situate, lying and being in Princess Anne County, Virginia, and known and designated as property of Robert C. Setzer, 5.0 Ac., more or less, as shown on the plat of"Property of Robert C. Setzer, et al, located near P.A. Courthouse - Princess Anne Co., Va.", dated November 6. 1956. made by W.B. Gallup, County Surveyor, which plat is recorded in Map Book 43, page 6. With further reference to the above plat the subject property is more particularly described as follows: BEGINNING at a point on the northern side of Courthouse Road, State Highway No. 165, that being the dividing line between the property herein conveyed and property designated as "Thelma Williams" on said plat; thence in a northerly direction North 29 degrees 28 minutes West 956.4 feet to a point on the South side of the right of way of the Norfolk and Southern Railroad; thence turning and running along said right of way South 37 degrees 30 minutes East 66.4 feet to a post; thence turning and running South 5 degrees 50 minutes West 297.7 feet to a post; thence South 40 degrees 15 minutes East 86.7 feet to a post; thence South 20 degrees 00 minutes West 250.4 feet to a post; thence South 42 degrees 30 minutes West 313.8 feet to a point; thence South 31 degrees West 90.9 feet to a post; thence continuing in the same direction 43.9 feet to the north side of Courthouse Road. State Highway No. 165: thence turning and running along the North side of said highway North 45 degrees 52 minutes West 237.1 feet to the point of beginning. LESS, SAVE AND EXCEPT that portion of the property conveyed to Commonwealth of Virginia, by deed dated November 3, 2007 and recorded December 17, 2007 in Instrument Number 20071217001657990. IT BEING the same property conveyed to Robert C. Setzer and Hattie T. Setzer, husband and wife, as tenants by the entirety with the rights of survivorship by deed from Daniel Riddick. Receiver for "The Stock Company of the Negro Farmer's Conference of Princess Anne. Incorporated", dated January 23, 1957, and recorded February 15, 1957 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia. in Deed Book 487, Page 1. The said Robert C. Setzer departed this life of December 7, 1992 and by operation of law the title was vested in his wife. Hattie T. Setzer. The said Hattie T. Setzer departed this life of May 19, 2015 and pursuant to her recorded Last Will and Testament recorded as Instrument No. 20151021001032960 property is devised to her children Keith L. Setzer, Sheryl Setzer Melvin and Belinda Setzer Hester. 124142441v4 10 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Items # 1 & 2 Build Senior Living, LLC, a Michigan Limited Liability Company (Applicant) Keith L. Setzer, Sheryl Setzer Melvin, Belinda Setzer Hester, JSW Holdings, LLC (Property Owners) Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional 0-1 Office District) Conditional Use Permit (Housing for Seniors & Disabled Persons) Address: Parcels on the north side of the intersection of Princess Anne Road & Tournament Drive, west of 2708 Princess Anne Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Thank you Mr. Chairman. Our first regular agenda item today will be agenda items 1 and 2, Build Senior Living LLC. Applications for conditional rezoning AG-1 and AG-2 Agricultural Districts to Conditional 0-1 Office District and a Conditional Use Permit (housing for seniors and disabled persons) on parcels on the north side of the intersection of Princess Anne Road and Tournament Drive, west of 2708 Princess Anne Road in Council District 2, formerly the Princess Anne District. Mr. Beeman: Thank you Mr. Chairman, Mr. Vice-Chairman, members of the Commission, for the record, my name is Rob Beaman. I'm a local land use attorney with the Troutman Pepper law firm here today on behalf of the applicant Build Senior Living LLC. Joining me virtually this afternoon is the principal of Build Senior Living, Shaheed Imran. We also have our civil engineering consultant from Timmons Group with us today as well. This application involves an approximate 10-acre site on Princess Anne Road just across from the former TPC golf course. The applicant proposes an 88 unit assisted living facility, 24 units of which would be memory care, together with a package of indoor and outdoor amenities that would include a salon, spa, library, theatre, store and transportation to surrounding land uses. The applicant believes this site is particularly well suited for assisted living for a couple of reasons. First, it's located in proximity to the hospital, and to the civic center, and the post office, and also several shopping uses that would be helpful for the folks living here. Secondly, this use would have minimal impacts on surrounding properties, it generates very little in the way of traffic light or noise, and so it is compatible with the residential and church uses that are surrounding it. In terms of public outreach, the applicant's representatives reached out to a number of adjacent property owners including a meeting within the next-door Church, the overwhelming majority of folks have been supportive. I do understand that Ms. Hulbert may be registered to speak via WebEx, and she may have some concerns. We did attempt to reach out to Ms. Hulbert, we were unsuccessful in contacting her, but we're certainly happy to address her concerns today and to schedule a meeting after this hearing as well to address any additional concerns. With that we thank you very much for your consideration. We'll stand by for questions. Mr. Wall: Thank you. Are there any questions for Mr. Beaman. I have got a few things. How many senior living facilities does this business operate? Mr. Beaman: They have a number of facilities throughout the Midwest, and they are now in the East. They have several sites that are under development in Virginia, one other in Hampton Roads, one in Richmond, I believe, and then one in the western part of the state. Mr. Wall: So currently they are being upgraded or already built? Mr. Beaman: There are a number that are operating in other states. I think all of them in Virginia are under construction or in the site plan review process. Mr. Wall: Alright, anything else? Mr. Beaman: Thank you very much. Madam Clerk: Mr. Chairman, we have one speaker, and it is via WebEx, calling Rachael Hulbert, you may begin your comments. Mr. Chairman, there are audio problems that the booth is working on. We have no other speakers. Mr. Tajan: As noted in the speaker policy, if they're unable to — if their comments are unintelligible then we will skip over them. Mr. Wall: Understood, in the past it was more, sometimes it is on the speaker's end, but in this case it seems like it is on our end, so I don't know if that weighs on in this. Do we have anybody virtually on the next application that we do, but we do have in- person speaker as well for that one I believe. Let's come back, we will rehear #1 & 2, and will go to #12 and #13. I am going to close the public hearing for agenda items 1 and 2, and we are going to move to 12 and 13 and give it a few minutes. Mr. Wall: Yeah, because 3 and 4 is going to have virtual speakers as well, so let us go ahead. Madam Clerk: Okay, calling agenda items 1 and 2 again, Build Senior Living, LLC. Applications for Conditional Rezoning AG-1 and AG-2 Agricultural districts to Conditional 0-1 Office District, and a Conditional Use Permit housing for seniors and disabled persons on parcels on the north side of the intersection of Princess Anne Road and tournament drive, west of 2708 Princess Anne Road in Kempsville district 2, formally the Princess Anne District. Mr. Wall: Madam Clerk, please call the speaker. Madam Clerk: Calling our WebEx speaker, Rachael Hulbert. Ms. Hulbert, you may begin you comments? Mr. Chairman, it appears we are still having audio difficulties. Mr. Wall: Okay, with that, then I will close the comments for any speakers, and since we don't have any comments, there is no reason for rebuttal, open it up for the discussion with the Planning Commissioners. Ms. Oliver: I make a motion that we accept this. Mr. Wall: I have a motion by Ms. Oliver. Do I have a second? Mr. Weiner: I have a second by Mr. Weiner. Madam Clerk: Vote is open. By a vote of 10 in favor, 0 against agenda items 1 and 2 have been recommended for approval. Mr. Chairman, calling our last agenda items for the day. Mr. Tajan: Mr. Beaman if can make a request for you to reach out to the speaker, because we're unable to have the discussion. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "Conceptual Elevation, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Seidell Architects (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the Concept Plan. Proffer 4: Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5: Pursuant to Section 107(i)of the Virginia Beach Zoning Ordinance, maximum lot coverage of 29% will be permitted in lieu of the maximum 25% lot coverage otherwise required under the Zoning Ordinance. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. Access to the site shall be from Princess Anne Road as depicted on the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group exhibit referenced in Proffer 1 until such time as another public roadway abutting the site is constructed, then the access point on Princess Anne Road shall be vacated and access to the site shall be from the new roadway subject to the approval of the Department of Public Works. 2. Prior to Final Site Plan approval, a Subdivision Plat shall be recorded to consolidate the parcels into a single lot. 3. Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement on the property line adjacent to Princess Anne Road shall be established as depicted on the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group exhibit referenced in Proffer 1. 4. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. From: nmcginnis To: VB Plannina Commission Barry Frankenfield;VB Planning Commission David Bradley;VB Planning Commission David Redmond;VB Planning Commission David Weiner;VB Planning Commission Dee Oliver;VB Planning Commission Donald Horsley;VB Plannina Commission George Alcaraz;VB Planning Commission Holly Cuellar;y@ Planning Commission Jack Walt;VB Planning Commission John Costorl;VB Planning Commission Micheal Clemons Cc: jioa N.Dao;Carolyn K.Smith;City VB Robert Gev Subject: Build Senior Living,LLC,a Michigan Limited Liability Company-Planning Commission Public Hearing September 14,2022 City Council District District 2 Date: Monday,September 12,2022 4:24:39 PM Attachments: jmaae.onq imaae.nnq CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am an owner of the 5+acre parcel(Tax Parcel#1494-46-9347)that fronts the existing median opening on Princess Anne Road and is adjacent to the parcels (#1494-56-223 and 1494-56-4060) that are proposed for rezoning and a use permit for a nursing home facility. I am not against the proposed rezoning and development on the adjacent parcels,but I am against the proposed access from Princess Anne Road from the east side of the development site adjacent to the church property instead of on the west side at the existing median opening with turn lanes that creates an intersection with Tournament Dive on the other side of Princess Anne Road. After I purchased the adjacent parcel(#1494-46-9347)in 2002 it became part of the designated ingress/egress to Princess Anne Road(along with adjacent parcel# 1494-56-2223)as described in the Princess Anne Corridor Study). For the past 20 years I have been waiting for somebody to accumulate and develop this parcel and others with a common ingress/egress to Princess Anne Road as required by the City. The median opening at this location was not only to control access to Princess Anne Road from properties in the immediate area but to eventually allow the closing of Curry Comb Road to the east (the other side of the church property)that was constructed around 1992 with a street design that contains both a culdesac and temporary access to Princess Anne Road for the residential development on Curry Comb and Cantwell Roads (as well as connection across the VA Power easement to the Christopher Farms development which primarily fronts Holland Road).When the Princess Anne Road widening project was finally finished around 2015 a new median at Curry Comb was included even though it was located at a temporary access location pending the construction of of a controlled access road across from Tournament Drive. Curry Comb has remained a temporary access for 30 years and evidently will remain open forever eliminating the need to extend Cantwell Road across rear of the undeveloped properties being considered for rezoning to connect with a new road link beginning at the median opening opposite Tournament Drive and ending at Cantwell Road extended. However,access for the development of property along Princess Anne Road in this area is still limited and controlled,therefore rezoning and development for the proposed nursing home facility should be deferred until permanent access,not temporary,be included from the existing median opening on Princess Anne Road. A permanent public street access to properties in this area of Princess Anne Road at the existing median opening only needs to be a simple T shaped configuration to allow ingress/egress to the properties on the west and east,not just a private access to the proposed development to the east. There is no need to construct a City Road Link from Princess Anne Road to Holland Road especially since Nimmo Parkway to the east already does. Even if such a road is needed in the future there is another median opening on Princess Anne Road to the west fronting vast amount of vacant property that was formerly to be used for the proposed Southeastern Expressway R/W which after an ODU study was determined too expensive and not needed. I realize that the property owners and the developer do not wish a deferral but I was not contacted before the application was submitted by the applicant or by the Planning Department until I sent an email on August 29 requesting a meeting,which was not held until September 7.However by then the decision to approve had been made without the need for controlled access to Princess Anne Road using the existing median opening opposite Tournament Drive to serve the proposed development and nearby properties as recommended by the City Princess Ann Corridor Study. Instead of postponing a plan for controlled ingress/egress for this area of Princess Anne Road I believe the time is right now to develop a reasonable permanent plan an not another temporary plan that last for years. 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(As-006WiNni Z l 130avd) SllWll ONd113M 31VWIXOLIddV-� 1IOV613S' / I1 3 Al I O 0.0V aDo-h 36 MI-RpS•CL► 3ZIS 31IS ...• 0000010► ,6►1 .N1d0 Z 13oavd ONVA 301S,01. ; '' 1 N 3 W V N N fl 01 0000CZ2Z0o001. Nide 1 130aVd VIVO 311S .. ,,/ >< SITE DATA r i PARCEL 1 GPIN. 14945622230000 1 1 PARCEL 2 GPIN: 14945640600000 I i / i SITE SIZE: 473,568.1333 SF+/-(10.87 AC+/-) / ,L-�_ (PARCEL 1:276,336.5199+/-SF) AG2 (PARCEL 2:197,231.6134+/-SF) ZONING ' i r—---� CURRENT ZONING. 'AG1'(PARCEL 1) i I j l 'AG2'(PARCEL 2) WETLAND IMPACTS: 5.36+/-ACRES r —T.' i PROPERTY LINE,TYP, ' I I r ' i / L I 7 TOURNAMENT PARCEL I r --P DRIVE ( / ---J I r APPROXIMATE WETLAND LIMITS r R10 I ZONING! - I • l i!I I! j \ \ I[�, _________ _ ; Q 82,800 SF+/-BUILDING- r p �� PROPERTY LINE ' I L,•r e;,„t 1 STORY TO BE VACATED PROPSRSIDENTS !/ '\ . Z ,., ` = 1 77177 t-- .. / : / \''' 1 I•i �: •'— 1 �`-,- 17,E •\ �' ICP I j _• 7771[77jm. �' l I I �. '' p R7.b I 1 • S ZONING r ' it•I'''' I , i . . ) iv / PARCEL 2 ' r \"r :,. , ......------.4, , .,,,„ r art'Sim I ---r-- 1 r lJ r/�J '' I ; r I • / 'V t�4��y ..�� __ 4.____ ,- 1 BUYRN FARMS q r r -- - ---- I [ ' i iktiA a,to-_ [ .� " W, k- r SUBDIVISION Oa I I r v.a_=_ _,___-•__--,�.r .� ,.—- ——————————=- Imo,__ 4w f--__-___I / r' " I W r I J- r COURTHOUSE COMMUNITY r I I • L. UNITED METHODIST CHURCH 1 f • I _ l I / -------/ '---1_ I �. I - 1 • TCINITY PLAN 6 o I,o ,oo no .• •• � I I---i I Ifto HAMPTON MANOR PREMIER ASSISTED LIVING OF VIRGINIA BEACH -February 22, 2022 TIMMONS GROUP ♦OHII VISION AcN..v O THAOOOH otioo , . - w- o AU: , z Ti.-_ ,,, , , b / Otr/ �i - - 0 o , c, 0 0 ,C::: 01Z /* E 0 0 I o A127 co cv, I LO in 0 lao eim- _aa in o o vi c) o N — c %—. CC ci) Z LL CC o � \,\\71\e: J ilis >, co it4O o ce & / ;.c, CD Q '5 ! Q 4 ik. pppre- // $ lib, AW1 ill 0 14 fivWLM./ co wolfo Aft �n/ °3JeIIeM TW ° III ,,, low__ o4* iVI c / Lr) .),, Wir 111141 ' Ill Q N ro` ( rC�1 its; f , 4 av CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ANTHONY LEE FRANCO [Applicant] PROVIDENCE SQUARE ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1001 Kempsville Road, Suites 1049, 1051, 1053 (GPIN 1466532220). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: October 18, 2022 • Background: This is an application for a Conditional Use Permit to operate a traditional Tattoo Parlor in three suites in the Providence Square Shopping Center. The property is located along Kempsville Road just south of the intersection with Providence Road. The proposed Tattoo Parlor will occupy three units totaling 1,890 square feet. The business, while comprised of three units, will operate as one business providing services by appointment only. According to the applicant, up to six artists will rent booth space within the units. • Considerations: The only exterior change to the building proposed will be the installation of new wall signage. While the City Council did approve a similar request within another unit in this shopping center— specifically in a salon; however, that application was limited to the application of permanent make-up. The operation of a second Tattoo Parlor within this shopping center is not expected to negatively impact other uses within the shopping center or in the vicinity. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Anthony Lee Franco Page 2 of 2 • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 10-0 to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: /19 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor in three suites of an existing shopping center. The property is located along Kempsville Road just south of the intersection with Providence Road in the Providence Square Shopping Center,which is zoned B-2 Community Business. • The Tattoo Parlor will occupy three units totaling 1,890 square feet.The business,while comprised of three units, will operate as one business providing services by appointment only. • According to the applicant, up to six artists will rent booth space within the units. • The typical hours of operation are proposed as 10:00 a.m. to 10:00 p.m., seven days a week. • The only exterior change to the building proposed will be the installation of new wall signage. • City Council approved a similar request within another unit in this shopping center—specifically in a salon; however, that application was limited to the application of permanent make-up. Ok tigeit _ .sort—. .1.9%, if ~1_ t� ;If Zoning History # Request l--' ar ' kaP 1 CUP(Tattoo Parlor)Approved 01/06/2022 1�,1�.` ` /f 2 CUP(Wireless Communication Facility)Approved % 09/09/1998 top, Airre,, • ___,7//,/ W:4", 4-7 —'0 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the residential and commercial nature of the surrounding properties.The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes Anthony Lee Franco Agenda Item 14 Page 2 standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character.The Plan's primary guiding principle is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Anthony Lee Franco Agenda Item 14 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 29,500 ADT1 32,700 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Kempsville Rd is a four-lane divided minor urban arterial road in the vicinity of this site. The MTP proposes a six-lane divided facility within an ultimate right-of-way of 150 feet. Public Utility Impacts Water & Sewer This site is connected to City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Anthony Lee Franco Agenda Item 14 Page 4 Site Photos •.' t F.•/ .�i7 {.' 4'rt - - - /4 --. - — _ ,.,e,,,.................,vif ir/_,_ -- ,• ,, ,• _ ,..t, ---.----r---- B ..1)111 .. — II1d' �J.i�[t rrr • i iii a ........ -ii 1lkIP=- r— 1 1 "fit -"��• �-rr Sh r r r r- • - • '--- --- - ,...-.:1-,-. - — ----kik :1V--"'"Ili...,f-'-',-:117—'il".1"Lk."-----' -— .`I� ii Sara =`i •... . - a s Z is t , Anthony Lee Franco Agenda Item 14 Page 5 Site Photos -,. _ L _r .> r>r • ri' Anthony Lee Franco Agenda Item 14 Page 6 Disclosure Statement Disclosure Statement • City of Virginia Bench Planning&Commun' Developmen �.« ..� _ 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 Anthony Lee Franco 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 El 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. 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 Anthony Lee Franco Agenda Item 14 Page 7 Disclosure Statement Disclosure Statement 1/13 City of Vilg.°Beach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?in Yes ❑ No • If yes,identify the firm and individual providing the service. John P Maynard Tax Services 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 I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Anthony Lee Franco Agenda Item 14 Page 8 Disclosure Statement Disclosure Statement "N/13 Planning&Community Development Does the aefgicent have a censtrudtinn nn with the subject oi'the appjicaatinn or business.xvnating nr to be operated on the property?❑Yes g No • if yes,identify the company and individual providing the service. i. Does me applicant have an engineer/surveyor/agent in con ection with the subject of the appiication or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?t�J Yes L)�j IVO • If yes,identify the firm and individual providing the service. Applicant Signature I Ler illy i.ird.dii of Life Itli ul iTldllUri wrridirrell iri(II,Uist_iu uta rUr III is L uir pieie,true,dnu dlLUI die. i url iersldrid lifd 1, 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 Si Lure _._ r 9,vie•or Print Name and Title 2Z .),24)_2) Date Is the applicant also the owner of the subject property? Ei les i o • 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 09/30/2022 Signature /1/I �`;f --- Print Ni1e Michaels D. McKinney {�� 31 Anthony Lee Franco Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement NS3 Planning&Community i Development ,a0.0000000 Owner Disclosure Owner Name PceV%ce1fçq '•+c f;e NS,o c:s- r LLC Anhtony Lee Franco Applicant Name 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) r4,Ao1cr - r AilaQi � ors : .'lreecteN, Jr_ , C.-Torrey' r�ecJen e�c� 1-_ t\arsLa 11 • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?❑Yes n No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(Iii)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Anthony Lee Franco Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement Ni43 ('Y y�!f`spraaC lka' 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? ID Yes k!:1No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I❑No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El 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 gl No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Q No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Anthony Lee Franco Agenda Item 14 Page 11 Disclosure Statement Disclosure Statemen113 t :., Planning&Community .K Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 'Yr0 v:4t Ce SI✓w/f A,I mc.L,-Le L`( _ 17f', _ - L.qc,...4-6.......„{„.1 P - E C.-gfrs.o.c.c1A-4, (Az- m_‘,_( Owner Signature / (` J�, / Print Name and Title ( ([ 4.72e 20 - Date (/ Revised 11.09.2010 7 I P a g e Anthony Lee Franco 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. Anthony Lee Franco Agenda Item 14 Page 13 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 14 Anthony Lee Franco (Applicant) Providence Square Associates, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 1001 Kempsville Road, Units 1049, 1051, 1053 RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: Thank you. The next item on the consent agenda is Item #14 for a tattoo parlor at 1001 Kempsville Road, Units 1049, 1051, and 1053. Would the representative please come forward. State your name for the record. Mr. Franco: Yes, Tony Franco. Good afternoon, commissioners. I've been in the military for over 29 years active duty, getting ready to retire here in January. I've been tattooing for JD Crowe. We were the original shop in 2001, so I've been tattooing over here for 20 years, and I was one of the original 12 tattoo artists to get their first tattoo license for Virginia Beach, and I'm just ready to make the next chapter in my life. Mr. Alcaraz: Well good, congratulations, and are you acceptable to the conditions? Mr. Franco: I am acceptable to everything. Ms. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I have Mr. Bradley if you could read this. Mr. Bradley: Thank you. The applicant is requesting a Conditional Use Permit to operate a traditional tattoo parlor in three suites of an existing shopping center. The property is located along Kempsville Road just south of the intersection with Providence Road in the Providence Square Shopping Center, which is zoned B-2 Community Business. The tattoo parlor will occupy three units totalling 1890 square feet. According to the applicant, up to six artists will be employed, and the typical hours of operation are 10 a.m. to 10 p.m. seven days a week. Staff recommended this, hearing no opposition Planning Commission put it on a consent agenda. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19, and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE • Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. or -�i 0 __ c, , ____.............._ ce AG1 .10 ° 0 oI A'G'1 2 1.1111111... AG1 jai; B�2 / . 1:11 0 1 0 a B2 AG ------B2 _-- C /. di. , B2 ---hn. i .v.e�r R . o Q n_ Nl __=-, - :d�,�.an=R� TQ � _��� �-per`, ,� _--In I o o Roa _ �, a -'-- B2 ' d B2 ' �`� AG2 0 AG2 _... 0 . 0 \ B2 / • , N ' i, Site W Ah_1: Mike Daubert ._ L Property Polygons 1833 Princess Anne Road S Zoning Building — Feet 0 87.5 75 350 525 700 875 1,050 [ , 4 �at �J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MIKE DAUBERT [Applicant] BACK BAY FARMS, INC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 1833 Princess Anne Road (GPIN 2403937330). COUNCIL DISTRICT 2, formerly PRINCESS ANNE MEETING DATE: October 18, 2022 (Deferred on September 20, 2022) • Background: This application was heard at the September 20, 2022 City Council hearing and was deferred so the applicant could re-present the proposal to the Agricultural Advisory Commission and the Transitional Area/lnterfacility Traffic Area Citizen Advisory Committee. The applicant intends to develop and operate an event venue on a three-acre portion of 1833 Princess Anne Road, also known as Back Bay Farms. The property is zoned AG-2 Agricultural District, which allows for Assembly Use with a Conditional Use Permit. The property is located in the Transition Area and is adjacent to the Pungo crossroad. The applicant is requesting a Conditional Use Permit for an Assembly Use to host weddings and other events on the site. The applicant has entered into a ground lease agreement with the property owner in order to develop the venue. The plans include the construction of an approximate 9,500 square-foot, two story event building with associated parking lot, a stormwater management pond, parking lot, access road and other associated site improvements. Development will include the construction of a new vehicular access point along Indian River Road. Designed similarly to a large barn, the new building will have white board and batten fiber cement cladding and large multi-light windows. A large, first-floor porch that will span most of the east elevation and a brick-faced two-story chimney on the north elevation will be major character-defining features. The venue has been designed to accommodate events for up to 350 people. The applicant is proposing that use of the venue will occur throughout the year. Start times for events will be arranged on an individual basis, but the applicant has indicated that they expect most events will typically begin in the mid-afternoon. The applicant has stated that all weddings will be required to end by 11:00 p.m. Mike Daubed Page 2 of 4 A gravel parking lot will be developed to provide onsite parking for the venue. The parking lot has been sized to provide 95 parking spaces, as required for an event venue of this size per Section 203(b)(5) of the Zoning Ordinance. • Considerations: The Comprehensive Plan places an emphasis on the preservation and promotion of the agricultural economy and heritage of the Rural Area and in the Transition Area, where this property is located. The Pungo crossroad area, at the intersection of Princess Anne Road and Indian River Road, is and has historically been the largest and most populated crossroad in the southern half of Virginia Beach. This makes it an appropriate location for non-residential uses that are at an appropriate scale and design in relation to the rural part of the city. The design of the proposed building is harmonious with the existing architectural character of this area and will use the existing field, pasture, and wooded setting as a backdrop for events. By incorporating the agricultural setting into the overall experience of the venue, this proposal furthers recommendations for preserving and promoting the agricultural heritage of the Rural Area. The building design also meets recommendations in the Transition Area Design Guidelines. It uses traditional architectural features of the area; is set back from the right-of-way; and has a scale compatible with the agricultural setting. While the applicant will likely host different types of events, they are proposing this facility primarily as a wedding venue and have identified some key strategies for managing events and traffic on site. For example, the applicant has stated that weddings will be required to have a professional wedding planner for at least the day of the event, efficiently route catering staff and guests to avoid bottlenecking; and a site coordinator and facilities director will be employed to manage the site and events. As recommended by the Comprehensive Plan, the applicant submitted a preliminary stormwater analysis to the Development Services Center outlining their proposed stormwater strategy for the subject site. As a result of the review, the Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site; however, this review is not a formal approval of the submitted stormwater plan. More details will be required, and a formal review will take place during the site plan review process. The applicant presented this proposal to the Agricultural Advisory Commission and the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee; both bodies initially expressed general support for the proposed use. Due to the reduced scope of the application that was initially presented to the groups, the applicant is going to re-present the application to the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee on October 6, 2022 and the Agricultural Advisory Commission on October 10, 2022. Mike Daubert Page 3 of 4 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received 21 letters of support for this project. The majority of these letters were submitted from the community at large; one letter was submitted by an adjacent property owner. There is no known opposition to this request. • Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 10-0 to recommend approval of this request. 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled "SITE LAYOUT" dated 4/29/2022 and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and prepared by Hanbury, which has been which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m. 4. The maximum number of attendees and the occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 5. No outdoor amplified music shall be permitted after 10:00 p.m. 6. All parking for the Assembly Use shall be on the property. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of stalls or other materials is prohibited. 10.A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for use. 11.Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. Mike Daubed Page 4 of 4 12.The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 13.Virginia Beach Health Department approval as required of well and/or septic systems shall be obtained during site plan review. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (21) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �1 ' City Manager: Applicant Mike Daubert Property Owner Back Bay Farms, Inc Agenda Item IIIII Planning Commission Public Hearing August 10 2022 f caryo City Council District District 2,formerly Princess ,Anne 9 Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation ' ' ii Approval Tiii_____---1 1� N Staff Planner s Elizabeth Nowak R ati�/ Seabo�d Cayman La He�o� �d9e i Rodc o Location 1833 Princess Anne Road 1 GPIN Nilor- 2403937330 *aft rd Rire(R Site Size 68.25 acres entire parcel; 3 acres for CUP AICUZ Less than 65 dB DNL; 65-70 dB DNL Watershed .�--� Muddy C reek Read Southern Rivers Existing Land Use and Zoning District s..., -• , ;4a "•t^ Horse farm/AG-1 & AG-2 Agricultural m `' eo "'� e'. -, P !'°- t' ,r,, Seatip R t rn ad Surrounding Land Uses and Zoning Districts r"4� -3 �J. . . ,Ji - tea •fF North 'shy ,.t.,,;. - Cultivated field/AG-1 Agricultural South . $, , —— ..• ;.- s _ _ %-r Indian River Road ' = , .1'1 "P T ~ 5,' i . 1 r Single-family dwelling, agricultural operation/ ; '' . ; ,tL- ` '�`, rpr. , AG-2 Agricultural AI r 1 '''-, ,.:.i.,,', .. VI:ri- t" �16 East i '-" ,V .;.-. r ', C Princess Anne Road ` - qr.: 7.'il' -;. r ,,, `4 Ro Single-family dwelling, cultivated field,former �.r_-- , ,. f , 1 -_ �. , `:a •. ;=fir; airfield/AG-2 Agricultural, B-2 Community ',r` --: =, ' •3, Business w '- ';, West t ' ,k,: Y Former railroad right-of-way, cultivated field/ AG-1 &AG-2 Agricultural Mike Daubert Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant intends to develop and operate an event venue on a three-acre portion of 1833 Princess Anne Road, also known as Back Bay Farms.The property is zoned AG-2 Agricultural District,which allows for Assembly Use with a Conditional Use Permit. Specifically,the applicant is requesting a Conditional Use Permit for an Assembly Use to host weddings and other events on the site. • The subject site is located near the intersection of Princess Anne Road and Indian River Road commonly referred to as Downtown Pungo.This area in the southern part of the city as well as this property have long been associated with the city's agricultural history, evidenced by the continued presence and agricultural uses on this site and adjacent properties. Modern residential development can be found north of this site,while south of this area has maintained a rural character.The Princess Anne Road and Indian River Road intersection has also been identified as a historical crossroad with possible eligibility for listing in the National Register of Historic Places for its role as a commercial node in this otherwise agrarian setting. • The applicant has signed a 50-year ground lease agreement with the current property owner for approximately three acres of the subject parcel.This agreement allows the applicant to construct improvements (including the proposed venue building, parking lot, etc.),the ability to subdivide the property, and an easement over the Master Parcel for the proposed activities that will be recorded prior to the lease commencement date. While the stated intent of the applicant and the ground lease agreement is to adhere to the general three-acre area as exhibited in the conceptual site layout, according to the applicant there is agreement with the property owner to finalize the lease boundaries following City Council approval of the site design.This is reflected in Section 10 of the ground lease agreement, which has been exhibited to Staff and on file in the Planning Department and is intended to provide flexibility for any required revisions during the site plan review process. • The proposed event venue will include the construction of an approximate 9,500 square-foot building with associated parking lot, a stormwater management pond, parking lot, access road and other associated site improvements. Development will include the construction of a new vehicular access point along Indian River Road and will also include the removal of an existing horse pasture. • As depicted on page 10 of this report,the design of the proposed building will draw on the existing agricultural character of the vicinity. Designed similarly to a large barn, the new building will have white board and batten fiber cement cladding and large multi-light windows. A large,first-floor porch that will span most of the east elevation and a brick-faced two-story chimney on the north elevation will be major character-defining features.The venue has been designed to accommodate events up to 350 people and will provide kitchens and interior storage onsite. • While the applicant will likely host different types of events,they are proposing this facility primarily as a wedding venue and have identified some key strategies for managing events and traffic on site. For example,the applicant has stated that weddings will be required to have a professional wedding planner for at least the day of the event, efficiently route catering staff and guests to avoid bottlenecking; and a site coordinator and facilities director will be employed to manage the site and events. • The applicant is proposing that use of the venue will occur throughout the year. Start times for events will be arranged on an individual basis, but the applicant has indicated that they expect most events will typically begin in the mid-afternoon. The applicant has stated that all weddings will be required to end by 11:00 p.m. • A gravel parking lot will be developed to provide onsite parking for the venue. The parking lot has been sized to provide 95 parking spaces, as required for an event venue of this size per Section 203(b)(5) of the Zoning Ordinance. Mike Daubert Agenda Item 9 Page 2 Zoning History # Request 1 MDC(Outdoor Recreation)Approved 09/24/2013 CUP(Recreational Facility of an Outdoor Nature) Approved 07/07/2009 7/07/2009 u ci �_. AG1 E3 0o.tS . '•GZ ��' A 0 _ _ ��� _; ._; . n 12� - CUP(Mulch Facility)Approved t all pproved 07/07/2009 CUP(Firewood Preparation Facility)Approve d d 08/10/1993 2 CUP(Recreational Facility of an Outdoor Nature-Golf Course)Approved 07/08/1997 • :\IIF �! - AG MDC(Golf Course)Approved 06/28/1994 Cl , . / L -A, , a CUP(Golf Course)Approved 09/28/1993 3 CUP(Commercial PetKennel)Approved 12 09 1997 -, / ��4i CUP(Animal Hospital)Approved 07/07/1992 r Aos irk 4 CUP(Car Wash Facility)Approved 07/11/2004 to 1 ^ __ 5 CUP(Open-Air Market)Approved 10/18/2016 °��� CUP(Assembly Use)Approved 10/18/2016 . 0''''''a AG • Q v Adel44p 6 CUP(Museum and Art Gallery)Approved 10/14/2003 G1 AG, 7 CUP(Single-family Dwelling)Approved 07/07/1992 ; f! AG'i CUP(Boarding of Horses)Approved 07/07/1992 8 CUP(Assembly Use)Approved 02/21/2017 9 CUP(Auto Service Station)Approved 04/24/2012 CRZ(B-2 and AG-2 to Conditional B-2)Approved 04/24/2012 10 CUP(Sale of Low Speed Vehicles)Approved 07/10/2007 MDP Approved 07/10/2007 CUP(Self-storage Facility)Approved 06/22/2004 C_RZ(AG-2 to Conditional B-2)Approved 06/22/2004 11 SVR Approved 09/23/1997 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for an Assembly Use is acceptable. The Comprehensive Plan places an emphasis on the preservation and promotion of the agricultural economy and heritage of the Rural Area and in the Transition Area, where this property is located.The Pungo crossroad area, at the intersection of Princess Anne Road and Indian River Road, is and has historically been the largest and most populated crossroad in the southern half of Virginia Beach. This makes it an appropriate location for non-residential uses that are at an appropriate scale and design in relation to the rural part of the City. The design of the proposed building is harmonious with the existing architectural character of this area and will leverage the existing field, pasture, and wooded setting to be used as a backdrop for events. By incorporating the bucolic setting into the overall experience of the venue,this proposal furthers recommendations for preserving and promoting the agricultural heritage of the Rural Area. As the site is located within the Transition Area, below is a summation of Staff's review for conformance with the Comprehensive Plan's Transition Area Design Guidelines. • The design of the proposed building is inspired by historical barns and buildings south of the Green Line.The design has simple, clean lines, using color and a mixture of materials to provide interest, rather than heavy ornamentation. Mike Daubert Agenda Item 9 Page 3 • The building does not exceed 10,000 square feet and incorporates traditional rooflines,features such as the chimney, and expressed fenestration. • The building is nestled near a back corner of the parcel, away from Indian River Road, preserving the character of the streetscape along Indian River Road and providing an attractive streetscape view from adjacent roadways. • Though the proposed parking area is sited between Indian River Road and the proposed building,this configuration retains the established pattern of open fields between roadways and agricultural buildings found in this part of the city. • The existing open-style fencing will be retained, maintaining a sense of open space. As recommended by the Comprehensive Plan, the applicant submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of the review,the Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site; however,this review is not a formal approval of the submitted stormwater plan. More details will be required, and a formal review will take place during the site plan review process. Similarly, Staff anticipates minimal impact on the historical setting of the Pungo crossroad area.The proposed layout places the new building approximately 730 feet from Indian River Road and will be of a size and scale compatible with other agricultural buildings in Pungo, is designed to maintain the established character in the area and minimize potential adverse effects on the historical setting. No trip generation data is available for an event facility such as the one proposed. Staff, however, anticipates no significant effect on peak hour traffic on Princess Anne Road or Indian River Road as it seems that most evens will be held on weekends and during evenings. Current traffic volumes of both roads are within their existing capacities with Indian River Road using about one-third of its current capacity. Comments regarding required right-of-way improvements and access point geometrics for the proposed access point on Indian River Road will be made during site plan review. Staff does note that any future development of this site will necessitate a comprehensive traffic impact study that is based on a master plan of development to ensure that such development. The applicant presented this proposal to the Agricultural Advisory Committee and the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC); both bodies expressed general support for the proposed use. Due to the reasons stated above, Staff recommends approval of this request subject to the recommended conditions in this report. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled "SITE LAYOUT" dated 4/29/2022 and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and prepared by Hanbury, which has been which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m. 4. The maximum number of attendees and the occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 5. No outdoor amplified music shall be permitted after 10:00 p.m. Mike Daubert Agenda Item 9 Page 4 6. All parking for the Assembly Use shall be on the property. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of stalls or other materials is prohibited. 10. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for use. 11. Prior to each event,the applicant shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. 12. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 13. Virginia Beach Health Department approval as required of well and/or septic systems shall be obtained during site plan review. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located in Transition Area at the northwest corner Princess Anne Road and Indian River Road in Pungo Village. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north and should provide an apparent visual shift to rural development character and form as one travels from north to south. Development in the Transition Area should reflect a noticeable transitional pattern with contiguous and unified open space throughout, also in keeping with the accompanying Transition Area Design Guidelines. When developing in proximity to a designated "Special Place" (e.g. Pungo Village), design elements that are contextually relevant to that Place should be incorporated elements to ensure compatibility with the surrounding area. This area is also identified as a rural village as per the Rural Area section of the Comprehensive Plan. These areas are meant to provide support and services for the local community and the greater rural area. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed below. Mike Daubert Agenda Item 9 Page 5 The City's 2020 Architectural Survey of the Southern Half of Virginia Beach identifies properties in this part of Pungo as being potentially eligible for listing in the National Register of Historic Places as a historic district. While no buildings or structures on the subject property are identified in the survey,the site's pastoral character and history contribute to the overall integrity of the historical setting of the area. Pungo, according to the survey, remains the largest crossroad in the southern half of Virginia Beach with a significant collection of historic buildings. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction a 9,500 square foot building that will serve as an event venue for weddings and other similar uses. In addition to the building,this project will include a gravel parking lot, sidewalks, and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows towards the existing low-lying wetland areas on the west and northwest sides of the property. Stormwater runoff from the proposed building and surface parking lot will be collected into a wet pond that will treat for both water quality and water quantity before discharging offsite.The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite wet pond. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing calculations that demonstrate a reduction in post-development flow rates and has volunteered a condition that states all stormwater regulations will be complied with during final design. More detailed project stormwater information is listed below. Project Information Total project area: 10.91 acres Pre-Development impervious area: 0.58 Acres Post-Development impervious area: 3.33 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%) and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Total storage volume provided in proposed stormwater management facilities: 544,781 cf Description of outfall:Stormwater runoff from the site that enters into the wet pond will discharge through shallow ditches or wetland areas before either infiltrating into the soil or draining to West Neck Creek. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains into West Neck Creek, into North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 5.85 lb/yr Method of treatment proposed: Wet Pond, Offsite Nutrient Credits Mike Daubert Agenda Item 9 Page 6 Stormwater Quantity Compliance Design Information 2-year storm peak flow rate comparison: Pre-development =42.33cfs/Post-development= 26.69cfs. 10-year storm peak flow rate comparison: Pre-development= 64.97cfs/ Post-development= 33.81cfs. 100-year storm peak flow rate comparison: Pre-development= 109.03cfs/Post-development= 50.16cfs. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 11,950 ADT1 15,400 ADT 1(LOS 4"D") Existing Land Use Z-10 ADT Proposed Land Use 3—No Data Available Indian River Road 5,950 ADT 12,500 ADT(LOS"D") Existing Land Use 2—10 ADT Proposed Land Use 3-No Data Available lAverage Daily Trips 2 as defined by a single-family 3 No information available in the 4 LOS=Level of Service house on a parcel zoned AG-1 ITE Trip Generation Manual for Agriculture. event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road and Indian River Road near this project location are considered two-lane undivided minor suburban arterials. There are no plans to improve either roadway in the current CIP. Public Utility Impacts Water City water is not available to the property. Sewer City sanitary sewer is not available to the property. The proposed lease parcel could be served by well and septic systems, but future development of the overall property may require connection to public water and sanitary sewer. Virginia Beach Health Department approval is required for any well or septic system proposed to service the venue. Public Outreach Information Planning Commission • The applicant met with the Agricultural Advisory Committee on April 11, 2022 to discuss the details of the request. According to the applicant, no major concerns with the proposal were shared at that meeting and the Agricultural Advisory Committee expressed support for the project. In late July,the applicant shared a progress update with the Chair of the Agricultural Advisory Committee. The applicant plans to re-present to the Agricultural Advisory Committee at its October 10, 2022 meeting to answer any outstanding questions. • The applicant met with the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC) on May 5, 2022 to present the details of the request. No formal action was taken by the TA/ITA CAC at this meeting; however, comments shared by the Committee expressed general support for this proposal. The applicant plans to re-present to the TA/ITA CAC at its October 6, 2022 meeting to answer any outstanding questions. Mike Daubert Agenda Item 9 Page 7 • As provided in the supplemental packet, Staff has received 21 letters of support for this project by the printing of this staff report.These letters expressly support the establishment of the event venue and how it will be an asset for the community at large. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on July 24, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 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 August 4, 2022. City Council • This item was deferred from the September 20, 2022 City Council public hearing. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Mike Daubert Agenda Item 9 Page 8 Proposed Site Layout :, Z: O • E F 1 i'; 1 . . \ 1 •• 1 : l +1 1 Li 1 I 1 r".......a.. I I 1 i I 1 1 1 1 1 1t-. 1 I i Lt. I "-I il ...4 1 1 ,.6, 1 A , \\ , (:IIII IrlIPI \414...,_..._ v I /y. W 1 W t'N // % —J /// -A a Z N. i /N. 7 \ 0 z 1� 'r- , \ 2 o Q a 1 .� '1 \ & c., T „ -` .. 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Mike Daubert Agenda Item 9 Page 12 Disclosure Statement fvAhentisign ID:1EA8263E56B1.ECt 1497E-601M.G86C878 Disclosure Statement Na3 City of Vbtirrc Bexb 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 Mike Daubert Does the applicant have a representative? 0 Yes *No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes * No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares 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 Mike Daubert Agenda Item 9 Page 13 Disclosure Statement AuthenteignID lEA&263E-5681-EC11-997E-5Q1AC586C876 Disclosure Statement yeifitykia aeds Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing finandng(mortgage,deeds of trust,cross-coilateralization,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 CI No • If yes,identify the financial institutions providing the service. TowneBank 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. The applicant-Mike Daubert-is a licensed real estate agent in Virginia,however he is not providing any realty services for himself or the owner in this matter. - 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 0 No • If yes,identify the firm and individual providing the service. Mulkey&Co/Ryan Gore 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. Hanbury Architects/Adam Schultz 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. Mike Daubert Revised 11.09.2020 Wage Mike Daubert Agenda Item 9 Page 14 Disclosure Statement 4:then;rign ID:1EA8269E-56e1-EC11-997E-501AC5b6C879 Disclosure Statement Cdy of Veviria Broth 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 corn pany and individual providingthe 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. Timmons Group Engineering/John Zastewski 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?•Yes ❑ No • If yes,identify the firm and individual providing the service. Hanger Law/Sean Reilly&John Napier Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Mice Daubed/Leaseholder and Venue Owner/Operator Print Name and Title 03/31/22 Date Is the applicant also the owner of the subject property? ❑Yes IN 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 1 No chinless ss or °rt. 10/04/2022 e ' aAttit Alewa,' Pgiottimm El beth Nowak Revised 11.09.2020 3 I P a g e Mike Daubert Agenda Item 9 Page 15 Disclosure Statement Disclosure Statement Oft Vf,cirmierM Planning&Community Development Owner Disclosure Owner Name Back Bay Farms,Inc. Applicant Name Mike Daubert Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Is. Yes ❑No • If y' �� Y yes,list the names of�all /)officers,directors,members,t/rJusteees,etc.Jy below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner (Attach a list if necessary) 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 1 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. Re;ised 11 09.2020 5 I r' Mike Daubert Agenda Item 9 Page 16 Disclosure Statement Disclosure Statement c.v.,/tii Be..,, Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 'No • If yes,identify the financial institutions providing the service. 2 Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes [21No • If yes, dentify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes '=+ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes JKI No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IR No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Mike Daubert Agenda Item 9 Page 17 Disclosure Statement Disclosure Statement :,CoIY,^arse _ Planning&Cony nunity Development 11111F 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes , No • If yes,identify the firm and Individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. t t tl - Owner Signature' Z;(6��J !�i/. /`7'"9../s wit/ ,.4E-s du�.vc"2 — -Print Name and Title Date Revised 11.09.2020 7 I P a g e Mike Daubert Agenda Item 9 Page 18 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. Mike Daubert Agenda Item 9 Page 19 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 9 Mike Daubert [Applicant] Back Bay Farms, Inc. [Property Owner] Conditional Use Permit (Assembly Use) Address: 1833 Princess Anne Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you. Next item is item number nine, Mike Daubert, Back Bay Farms for Conditional Use Permit for Assembly Use at 1833 Princess Anne Road. Is there a representative of this item? Welcome, please state your name for the record. Mr. & Mrs. Daubert: My name is Mike Daubert, and I am Megan Daubert. Mr. Weiner: All the conditions are acceptable? Ms. Daubert: We do. Mr. Weiner: Thank you. Anybody have any opposition this being placed on the consent agenda? Hearing none, Mr. Bradley has been asked to read this into the record. Mr. Bradley: The applicant assigned a 50-year ground lease agreement and intends to develop and operate an event venue on a 3-acre portion of 1833 Princess Anne Road, also known as Back Bay Farms. The property is zoned AG-2 Agricultural District, which allows for Assembly Use with a Conditional Use Permit. Specifically, the applicant is requesting a Conditional Use Permit for Assembly Use to host weddings, and other events on the site. The Planning staff has recommended this item and since there's no speakers against it, and it is on our consent agenda. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled "SITE LAYOUT" dated 4/29/2022 and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and prepared by Hanbury, which has been which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m. 4. The maximum number of attendees and the occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 5. No outdoor amplified music shall be permitted after 10:00 p.m. 6. All parking for the Assembly Use shall be on the property. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of stalls or other materials is prohibited. 10. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for use. 11. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. 12. The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 13. Virginia Beach Health Department approval as required of well and/or septic systems shall be obtained during site plan review. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Suzanne Lownsbury To: Elizabeth D.Nowak Subject: 1833 Princess Anne Rd Property Date: Tuesday,July 26,2022 10:11:40 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Elizabeth Nowak, It is with pleasure that I write to endorse the application of Michael and Megan Daubert to construct a local wedding and events venue at 1833 Princess Anne Rd in Pungo. What the Daubert's develop will be beautiful and sure to add value to the surrounding area and our city as a whole. Having resided in Virginia Beach for most of my life, and with strong family ties to the Beach and the former Princess Anne County, I believe the addition of another venue for celebratory occasions or to appreciate the arts would benefit the broader community, especially in the bucolic area of Pungo where they wish to situate the Hall. As the Director of Ballet Virginia (with studios here at the Beach and in Norfolk), I encourage the expansion of all venues which might feature cultural activities. Please look favorably on the Daubert's application. It would be another positive statement for our City. Sincerely, Suzanne Lownsbury Suzanne Lownsbury 757.581.4691 cell From: Michael Roseberry To: Elizabeth D.Nowak Subject: Daubert Assembly Use Permit Date: Wednesday,July 27,2022 12:25:29 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms.Nowak, My name is Michael Roseberry, I am also a professional in the construction industry in Hampton Roads and have lived in the city of Virginia Beach for the past 6 years. I fully support Mike and Megan Daubert and their request for an assembly use permit to build and operate a wedding and event venue on the property at Back Bay Farms. Mike and Megan have a genuine love for Virginia Beach and an overwhelming desire to continually make a positive impact on their surrounding community. I've known them personally for many years and have seen their hard work and unwavering dedication in action. This passion and drive, combined with their overall vision for the project, is certain to produce a product which will add tremendous value to the area for generations to come.An event venue of this caliber will not only fill a necessary void locally but will also serve to prevent any number of less attractive options from coming to fruition on the same property. As a local resident I am excited for this project and sincerely hope you will grant their request for an assembly use permit. Michael Roseberry From: Jessica White To: Elizabeth D.Nowak Subject: In Support of Mike and Megan Daubert Date: Tuesday,July 26,2022 7:37:18 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission and City Council of Virginia Beach- My name is Jessica Schudda White and I am a native to Virginia Beach. I grew up in Great Neck, attended Ocean Lakes High School, and currently live in Kings Grant with my husband and two daughters. I have a large extended family that lives all across the Tidewater area. We absolutely love this area and are grateful to call Virginia Beach our home. This letter is to express my support of Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I am confident that, if given the opportunity,the Dauberts would create a warm,welcoming, one-of-a-kind venue that would add incredible value to our community while maintaining the unique history and charm of the Pungo area. I have known Mike and Megan for over 15 years now, and am always blown away by their many talents and sincere generosity in which they share said talents. They put their all into any and every project they are a part of, so I have no doubt they would do the same if they were given the opportunity to create their dream wedding event space in the Pungo area. I urge you to grant permission for Mike and Megan Daubert to move forward with their proposed initiative because this is truly the kind of development that is good for Pungo and transformative to the Virginia Beach economy. Please let me know if you have any questions at all. Jessica Schudda White j.schudda.white@.gmai l.com 757-748-2932 G R Ac E 111 Bible Church July 20,2022 Virginia Beach City Council Members Virginia Beach Planning Commissioners Dear Ladies and Gentlemen: I am writing to support Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I have been a resident of Virginia Beach for 23 years. I serve as Co-Lead and Executive Pastor of Grace Bible Church,which operates a campus in the Lynnhaven area.We will be opening a new campus in the Strawbridge area,initially at Corporate Landing Middle School.As you may be aware,we are hoping to build a permanent facility on our property on London Bridge Road. I also own a strategy consulting business,Straight Path Management,that has operated in Virginia Beach since 1999. The Dauberts are active members of our church. I can vouch for their character,and I am confident they will be trustworthy in all they commit to do. I have had the opportunity to meet with them and review their plans for Back Bay Farms.As a long-time resident of our city, I care deeply about the thoughtful development of our open spaces,especially the southern part of our city. I believe their plan represents a beautiful addition to the Pungo area,well in keeping with its rural feel. I wholeheartedly endorse this project. Sincerely, 14470 greA Matt Breitenberg Co-Lead and Executive Pastor I@3I 2956 ANSOL LANE I VIRGINIA BEACH. VA 23452 > 757.496.5700 > GRACEBIBLE.CHURCH From: Anna Cheracles To: Elizabeth D.Nowak Subject: Back Bay Farms-Dauberts Date: Thursday,July 21,2022 9:13:43 AM Attachments: image001.png image002.png 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. City of Virginia Beach- My name is Anna Cheracles and I am a small business owner in Virginia Beach and have lived here since my family moved in 1991. My husband and children were also born and raised here in our beautiful city. We have known Mike and Megan Daubert and their sweet children since they moved into the home next door to ours in 2016.They are wonderful neighbors,friends and VB entrepreneurs. The vision and plans they have for Back Bay Farms is going to bring so much value to our city,which we are in need of! I can see families not only enjoying the wedding venue,but the entire plans for the property-we can't wait to see it come to life! There aren't many venues in our area that can accommodate the amount of people that their venue plans to hold(unless you rent a ball room of some sort,which isn't for everyone,and can be extremely costly) so this will give our city an edge when it comes to large events. When they told us about their vision for Back Bay Farms,we were totally taken back. First off,what a GREAT thing for Virginia Beach,and if anyone is going to do it and make it a huge success for our city,it will be the Dauberts! Mike is such a great realtor-It's inspiring to see someone achieve such success in just a few years! I can personally attest to his genuine want of helping people find where they belong. He found the perfect home for my Aunt and Uncle who retired from New York to Virginia Beach in 2018. He was extremely kind and patient with my Uncle who was experiencing the onset of dementia and they still express how thankful they are for us bringing them together. Megan also works with Mike in his real estate business and their I Love VB Podcast business venture and somehow has time to volunteer her amazing voice,talents and love of God at our local Grace Bible Church.They are truly gems and Virginia Beach is so lucky to have residents like them who want to help build value in our city. I personally see Megan as the Joanna Gaines of VB! Mike and Megan make such a great team in their businesses and building this wedding venue, giving people the event of their dreams,is extremely fitting for them. My husband and I run our business together so I know what it takes for this type of partnership to work. The Dauberts are truly a dream team and I know that they will make this happen given the opportunity and support from our city. We are so excited and give them 110% of our support in their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I hope you will see what an amazing family the Dauberts are and support their dreams to bring this little slice of heaven in Pungo at Back Bay Farms a reality! Thank you, A vuu/Chwac SERVPRO Cleaning.Restoration.Construction. Virginia Beach-Oceana/Dam Neck-Green Run 757.431.1400 2633 Production Road Virginia Beach,VA 23454 An IICRC &Xactimate Certified Firm '41111011111, T F Ask about our DER � EU Certified: SERVPRO Cleaned Program. CLEANED A higher standard of clean. Check out our links: See our FREE Emergency Ready Program -click this link below AND ENTER THIS AS USERNAME. ERP@spofvb.com Pass'‘ord: rea•y Our Facebook page Our Website Emergency Ready Program "FREE" Our Employees/Crew See what our Customers are saying... Our Certifications & Affiliations This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contain information intended for the specified individual(s) only.This information is confidential. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination,copying, or the taking of any action based on the contents of this information is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. G R Ac E Bible Church July 20, 2022 Virginia Beach City Council Members Virginia Beach Planning Commissioners Dear Ladies and Gentlemen: I am writing today in support of my good friends and long-time members of Grace Bible Church, Mike and Megan Daubert. Several months ago I met with Mike and Megan to learn more about their planned wedding venue at Back Bay Farms, and I am excited to fully endorse their project. I was married In Virginia Beach In 1997, and after moving away for 5 years, returned in 2003, and for the past 19 years, I have been a pastor at Grace Bible Church. During that time we moved from a rented facility on Shore Drive to a permanent building in the Lynnhaven area, including one additional expansion. This fall we are launching our Strawbridge Campus in Corporate Landing Middle School, with plans for a permanent facility on London Bridge Road. I can tell you from first-hand experience that whatever Mike and Megan put their minds to will be done with excellence. They are trustworthy members of our community who will do what they say they will do. They are committed to the overall health of our city, including supporting local businesses through their I Love VB Podcast. And it is their desire to see Virginia Beach thrive that motivates them to help fulfill our need for a beautiful new wedding venue in Southern Virginia Beach. It is my privilege to enthusiastically support their endeavor. Sincerely, Eric Sanzone Co-Lead Pastor Grace Bible Church 2956 ANSOL LANE I VIRGINIA BEACH, VA 23452 757.496.5700 GRACEBIBLE.CHURCH From: Jeffrey McWaters To: Elizabeth D.Nowak Subject: 1833 Princess Anne Road Date: Monday,July 25,2022 11:50:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Virginia Beach Planning Commission and City Council From: Jeff McWaters Member, Virginia Senate (retired) Subject: Assembly Use permit request for 1833 Princess Anne Rd. Dear Commissioners and Counsel, I'm writing in support of the project, requested by Megan and Mike Daubert known as,Assembly Use permit request for 1833 Princess Anne Rd. I have met with the Daubert's and reviewed the business plans and vision for the project. I find them to be compelling and in full consideration of the unique property at Princess Anne Road in Pungo. I believe this to be a complement to both the Pungo community and our resort destination,promoting family and wedding venue opportunities. Please feel free to contact me regarding any questions or thoughts you may have. I am currently not an investor and have no financial interest. Thank you for your strong consideration. Sincerely, /s/Jeff McWaters To whom it may concern, My name is Kristyn and I am a wedding planner professional in Hampton Roads. I have had the privilege of working for Emily Weddings & Events for over 3 years now. Emily Weddings itself has served hundreds of couples for over 15 years in Hampton Roads.As a wedding planner and a recent bride, I have seen for myself the lack of venues that can meet all the needs of a couple.A main concern of many couples is venue size. Most venues in this area are not able to accommodate guest counts of 150+ with a viable indoor option. The few venues that do accommodate this are outdated with carpet &wallpaper—not in fashion with the majority of our couples. The Dauberts understand these issues and the clientele they desire to serve. I am confident that they will create and operate a modern, accommodating wedding venue. I have personally seen the passion that they put into every endeavor. In creating a successful podcast showcasing amazing businesses throughout the Hampton Roads area, they have demonstrated a love for this area and a genuine care for the people and businesses of Virginia Beach. Mike & Megan's wedding venue at Back Bay Farms would operate in a market that is currently underserved, not only effectively meeting the practical needs of couples, but doing so in a way that shows genuine care, providing an irresistible wedding environment that I would be proud to support, both personally and professionally. Thanks, Kristyn Duenke From: Christina To: Elizabeth D.Nowak Subject: Daubert Support Letter Date: Wednesday,July 27,2022 9:26:27 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Virginia Beach City Council and Planning Commission, Thank you for taking the time to read each of these letters regarding the Back Bay Farms Wedding and Event Venue Project. My name is Christina Owens, and along with many generations of my family, I was born and raised in Virginia Beach. My great-great grandfather was a magistrate of Princess Anne County years ago when it spanned from Ocean View to the North Carolina line, my husband and I grew up off of Indian River Road, not far from the project, and we are raising three young children that we hope will be lifelong VB residents as well. Indeed, my roots in Virginia Beach are deep, and I have great interest in the people who will steward the past, present, and future of this special community. Today, as you look at developing the precious corner lot at Back Bay Farms, I want to be sure development decisions are in the hands of people who understand our city, its needs, and its people. I want people who will curate the land with reverence for its history and location in the transition zone, and people who have a relevant and purposeful vision for its future. I believe Megan and Michael Daubert are those people, and want to ask you to approve their permit and plan for this property. I am confident the market analysis of our area's Wedding Industry substantiates the need for this venue. I think it is also clear the Daubert's plan for this property is one of the best fitting projects to be presented over the years; much better than a housing development or other high density project. As a result, I will let that data speak for itself and would like to take a moment to share what the data and research cannot; that Mike and Megan Daubert are exactly the people our city wants in a position to steward Back Bay Farms. I first met the Dauberts in the lobby of our church while wrangling my 9 month old son. They instantly made a connection (their youngest son was just 18 months at the time) and invited my family and me to dinner. Since that time, I have come to know them as the friends, business owners, and community members that constantly open their home (and their arms) to cultivate community and care for people. When a home a few streets away from theirs caught on fire, they rallied neighbors and our church group to provide meals and gifts cards for a family they barely knew. When Michael was presented with an idea to serve teachers at a local elementary school, he took the idea to the next level, setting up and providing a hot breakfast for the entire staff. Indeed, Megan and Mike are the first to show up to a door with food in a time of need, and to activate their community to serve others. They are coaches, church worship and bible study leaders, and thoughtful neighbors, and any community would benefit by their presence. I'm thankful they are looking to continue serving in the southern area of Virginia Beach! In addition to their hearts of service, Megan and Michael are intelligent and discerning professionals. Everything they do, whether it is for their own business or community service, is done with excellence and attention to detail. When planning an event for over 150 women at our church, I was able to see Megan's event planning experience on full display. Every aspect of the event was considered, down to the flow of foot traffic around the event, the clarity of communication to guests, and of course, the look and feel of the event space. When launching their business, as well as a new group for women we created at our church, her eye for tasteful and beautiful design, as well as her understanding of how people receive information, was evident. I am confident that whatever she designs will be paramount to anything of its kind in the area, quite possibly the state, and will add charm, beauty, and value to the community where it exists. Please grant them full approval so Virginia Beach will benefit from their vision! As a longtime citizen of Virginia Beach, and someone who cares so deeply about the history of this city, I also want to point out that Michael was a history major at the University of Virginia. He has a passion for the stories and experiences of a community, and for this reason I know he will steward this coveted property in our beloved city unlike many others. I am extremely hopeful the board will approve the Back Bay Farms Project and entrust development of this land to Mike and Megan Daubert. I am so excited for our community to have this venue, and am so grateful to them for taking on the challenge of developing this part of our beloved city. Thank you, Christina Owens Christina C. Owens, M.T.. NBCT 7/27/2022 From: Dr. Keith Newbrough 2261 Cedar Crescent Court Virginia Beach,VA 23457 To:Virginia Beach Planning Commission/Council Members To Whom It Concerns: My name is Keith Newbrough and I am a physician in Virginia Beach. My family of five moved to Virginia Beach in 2012 and we relocated into the Pungo portion of Virginia Beach 2 years ago. I am writing you in support of Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue on the property at 1833 Princess Anne Rd. Expansion and growth across southern Virginia Beach will inevitably happen, including expansion into portions of the Pungo region,given the water constraints on the northern and eastern flanks of our city. I have seen the preliminary plans for development on this site and feel as though the Daubert's vision for the property will reflect the desire in our local community to balance strategic thoughtful growth with the preservation of greenspaces and, in doing so, maintain a rural feel that so many of us in the Pungo region love. I am confident that the added structures will be tasteful to the regional influences and add value to the surrounding community. With the above, and in knowing the Daubert's heart for their community, I support their application. Sincerely, Keith Newbrough MD 7/27/2022 To Whom It May Concern, My name is JoBeth Currie and my husband, Adam, and I are local residents in the surrounding Pungo area. As members of the community, we are thrilled to offer our support of Mike and Megan Daubert and their business ventures moving forward. We moved to the Virginia Beach area in the summer of 2020 and have fallen in love with the community, the people, and the attractions of the city, especially those near the Sandbridge and Pungo area. As newer residents, we were so excited to hear and support the Dauberts' business proposal. The idea of a stunning wedding venue in an already beautiful environment seems like such a great opportunity for the city, not only for the members of the community, but also for other local businesses and for visitors looking for a beautiful destination venue. There is no doubt in our mind that the Dauberts are the right people to take on this venture. With their knowledge and passion for the city of Virginia Beach and their integrity as business professionals, we would hope to see that they are the team that gets the opportunity to build out their vision in making this venture a beautiful attraction and business opportunity for the city and the surrounding communities. As Virginia Beach residents, we fully support Mike and Megan and hope that this letter provides assurance to you all in granting approval for their Assembly Use permit. Thank you, Adam and JoBeth Currie To Whom It May Concern, My name is JoBeth Currie and my husband, Adam, and I are local residents in the surrounding Pungo area. As members of the community, we are thrilled to offer our support of Mike and Megan Daubert and their business ventures moving forward. We moved to the Virginia Beach area in the summer of 2020 and have fallen in love with the community, the people, and the attractions of the city, especially those near the Sandbridge and Pungo area. As newer residents, we were so excited to hear and support the Dauberts' business proposal. The idea of a stunning wedding venue in an already beautiful environment seems like such a great opportunity for the city, not only for the members of the community, but also for other local businesses and for visitors looking for a beautiful destination venue. There is no doubt in our mind that the Dauberts are the right people to take on this venture. With their knowledge and passion for the city of Virginia Beach and their integrity as business professionals, we would hope to see that they are the team that gets the opportunity to build out their vision in making this venture a beautiful attraction and business opportunity for the city and the surrounding communities. As Virginia Beach residents, we fully support Mike and Megan and hope that this letter provides assurance to you all in granting approval for their Assembly Use permit. Thank you, Adam and JoBeth Currie Virginia Beach Planning Commission 2405 Courthouse Drive Virginia Beach,VA 23456 July 28, 2022 To the Members of the Virginia Beach Planning Commission: Eric and I have lived in Virginia Beach since 2006.We lived in Chic's Beach until 2013, and then moved to the Southern Woods/LagoMar neighborhood, about five minutes from Pungo. We still own our original home in Chic's Beach and also have a rental property in the Foxfire neighborhood off Seaboard Road, also about five minutes from Pungo. Owning these properties, living in these neighborhoods and investing in this community have given us a stake in the businesses that are developed in this city, particularly on the southern side. It has also afforded us the opportunity to meet many Virginia Beach residents that are working to make this city a better place to live in, do business in and visit. One of those couples is Megan and Michael Daubert, and we are writing this letter to support them in their request for an assembly-use permit to build and operate a local wedding and events venue at Back Bay Farms. We have known Megan and Mike since 2016 on both a personal and professional level and have seen them build their own real estate and marketing businesses from the ground up. As a small anecdote to how they feel about Virginia Beach-they write and produce a podcast entitled"I Love VB"! They are diligent, thoughtful, wise, creative and prudent in how they run their businesses and their character shines through in all they do. We have the upmost trust in the Daubert's that the wedding and events venue they build and operate will be beautiful and tasteful and will be a value-add to our end of the city. Having shopped around for wedding venues this past year with my younger sister, I can confidently say that the city does not offer many options for events of this nature outside of hotels. The city has so much to offer in terms of landscape from water views to farm life but not many venues,particularly on the southside of Virginia Beach demonstrate this. We cannot recommend Megan & Mike enough as professional and thoughtful individuals who love Virginia Beach, are seeking to invest in the city and the people who live,work and visit here and will grow an events business in Pungo that is worthy of all that our city has to offer! Thank you for your consideration, Katie&Eric Donahue 2561 Level Loop Road Virginia Beach,VA 23456 %%OI ack,fri.484:c. Marketplace at Hilltop FSR 749 First Colonial Road Virginia Beach,VA 23451 Telephone 757.437.8928 Fax 757.437.8929 Dear Planning Commissioners and City Council Members: My name is Natalie Cheney and I have lived in Virginia Beach for over 20 years. I am the owner of the Chick-fil-A at Hilltop in Virginia Beach for 8.5 years.We love how Virginia Beach brings the community together.We are excited for our friends, Mike and Megan Daubert,as they add to the community with a local wedding and events venue at Back Bay Farms. I remember when we got married in Virginia Beach 14 years ago. It was so hard for us to find a venue that we ended up having the reception on the naval base...which was less than amazing. So I'm excited for this venue! It will be beautiful and add value to the whole city.We just might need to renew our vows there Please let me know if you have any questions. Sincerely, Natalie Cheney 757.232.6193 From: }lolly McCabe To: Elizabeth D.Nowak Subject: Letter of Support for Michael and Megan Daubert-Back Bay Farms Permits Date: Sunday,July 24,2022 12:52:07 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: My name is Holly McCabe and I am a resident of the great city of Virginia Beach. I am a nurse at Sentara Princess Anne Hospital and also help my husband run a small non-profit called Virginia Beach Fellows. We work with young professionals out of college and integrate them into this community while providing service and vocational training. We have been longtime friends of Michael and Megan Daubert. We first met them as undergraduate students at the University of Virginia and reconnected in 2018 when we moved to VB to start Virginia Beach Fellows. We have known both Michael and Megan to be leaders in this community who seek the welfare of our neighbors and desire to serve others. Michael has been a volunteer soccer coach for girls with the Rush League for the past 4 years. Megan has been serving as a leader within our fellows program as a mentor for young women among many other volunteer commitments. They are leaders in their faith community and the city. Their development of the I heart VB podcast has been an integral part in attracting young people to our area and provides support for local businesses. Michael and Megan would be the perfect people to develop and operate a local wedding and events venue! I am certain that the Dauberts would develop a tasteful and lovely venue that would add value to our city! I have watched them for years as they have dreamed of this venue and have done the many hours of work required to pursue this dream. I know that a venue like this in the Back Bay Farms area would benefit all residents of the Pungo and Virginia Beach area. We relocated to this area for Charlottesville four years ago and we often lament the lack of beautiful and tasteful outdoor venues for events like we experienced at the many venues and vineyards around Charlottesville. The wedding and events industry is only growing and attracting these events to the Pungo area will certainly boost the economy and increase property values. Please accept my whole-hearted support of Michael and Megan and allow them to have the assembly use permits required to operate and build this venue. They are the perfect people to steward this project and you will not be disappointed. Sincerely, Holly McCabe From: Mallory To: Elizabeth D.Nowak Subject: Letter of Support for Mike&Megan Daubert Date: Monday,July 25,2022 9:25:51 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission & City Council Members, My name is Mallory Clark and I am a long-time resident of Hampton Roads as well as a professional in the wedding industry. I am writing to state my support for Mike & Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. This venue is needed in this area and will be a valuable asset to Virginia Beach. As a wedding professional, I have been to most venues within the area and have seen the need for a well-planned, larger venue. A larger wedding venue is needed because many brides look to other cities to accommodate their guest counts. Not only this but many local venues are booked up for a year or more, forcing couples to look outside the area for wedding locations. This venue would generate a great deal of business for many companies in the area. Not only attracting people from Hampton Roads to use the venue but becoming a destination spot for those wanting a beach wedding. My family has known the Dauberts for many years and I am certain their development will be elegant, tasteful, and a benefit to the community. They are community oriented and respected citizens always looking to help. If development is going to happen in that area of Pungo then I would hope it is the Dauberts who get to create and cultivate it. Thank you for your consideration. Sincerely, Mallory Clark From: Blake Dozier To: Elizabeth D.Nowak Cc: Caroline B.Dozier Subject: Letter of Support for Mike and Megan Daubert to Develop Back Bay Farms Date: Tuesday,July 26,2022 11:22:07 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To the members of the Virginia Beach Planning Commission and City Council: My name is Blake Dozier and I am a life-long resident and business owner in the city of Virginia Beach. I am a member of Virginia Beach Vision and on the board of multiple local charities based in Virginia Beach. I am writing this letter to voice my support for Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I am confident that what they will develop will be beautiful,tasteful and add value to the surrounding area and our city as a whole. Their proposed development will drive tourism and visitors from out of town for weddings and events,which is needed in Virginia Beach. If development is going to happen in that area of Pungo then I would trust the Dauberts to create and cultivate it. I can attest that they are high character individuals who are involved in the community not only in business but volunteer work as well. I am confident that they will conduct themselves professionally as they bring this project to fruition. I am recommending that you grant Mike and Megan Daubert the permits required to move forward with this project. Please do not hesitate to contact me if you have any questions. Sincerely, Blake Dozier Owner OnPoint Building Services 1620 Centerville Turnpike, Suite 116 Virginia Beach, VA 23464 Blake Dozier OnPoint Building Services 757-286-8327 onpointserviceco.com From: )ay McCabe To: Elizabeth D.Nowak Subject: Letter of Support for Mike and Megan Daubert Date: Wednesday,July 27,2022 12:21:14 PM rCAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern: My name is Jay McCabe and I am writing to support Mike and Megan Daubert in their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. My wife, Holly,and I moved to Virginia Beach 4 years ago with our three elementary- age kids to launch a non-profit called VB Fellows. We have loved living in Virginia Beach and look forward to being here long term. I've known Mike and Megan for the past 19 years, since we met in college at UVA, and I can attest to their genuine and caring character. When my family was in a car accident during our first year living in VB,the Dauberts were the first people to come and make sure we were OK. When I was struggling to adjust to living in a new place with a new job, Mike was a great friend and supporter of our non-profit. The Dauberts have also inspired us by their desire to see Virginia Beach become an even greater place to live,work,play and raise a family. They started the I Love VB Podcast, have hosted community events (like Norfolk Tides nights and Podcast parties), and now have a vision for a wedding and event venue that will serve our area incredibly well. I hope you will give the Dauberts the opportunity to develop this property into the beautiful space they've designed. They're the type of people, I believe, we need leading projects like this in Virginia Beach. Sincerely, Jay McCabe VB Fellows Co-Founder 757-204-1795 Jay McCabe From: Debra Childs To: Elizabeth D.Nowak Subject: Letter of support Date: Wednesday,July 27,2022 12:38:26 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Elizabeth, Greetings! I am so excited about Megan and Mike Dauberts project at 1833 Princess Anne Road. Everything they do they do with excellence! I live in the community of Courthouse Estates. Our community does need an area for events and lodging. I feel like the aesthetics of a wedding venue in the area will fit well in our community and support the growth of families. Moreover there is a depth of connection that comes to a community when you help to host and celebrate events in each other's lives. It truly would be an honor to have this as a staple in our community. I am writing to support the request for an Assembly Use Permit for their proposed wedding venue. Thank you so much for your work on this and I am excited to see all the positive changes this will add to our community. All the best, Debbie Childs Debbie Childs, REALTOR® The Real Estate Group 401 N Great Neck Road Virginia Beach, VA 23454 757-334-4602 Cell IMPORTANT WIRE FRAUD NOTICE:Never trust wiring instructions sent via email.Cyber criminals are hacking email accounts and sending emails with fake wiring instructions.These emails are convincing and sophisticated.Always independently confirm wiring instructions in person or via telephone call to a trusted and verified phone number.Never wire money without double-checking that the wiring instructions are correct. From: Knsta Carpenter To: Elizabeth D.Noway Subject: Promote Pungo Date: Tuesday,July 26,2022 9:27:19 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission and City Council of Virginia Beach, My name is Krista Black and I have the privilege of living in the wonderful town of Virginia Beach in the beautiful Pungo area. As a local resident it would be a great asset to our community to have a wedding venue down the road. As a personal friend of the Daubert's,they make the perfect team to create this wedding oasis.Their leadership, integrity and love for Virginia Beach and the Pungo area would be sure to uphold Pungo's character and values thus making it prosper and adding value to the surrounding area. Thank you for your consideration, Krista Black From: Herb To: Elizabeth D.Nowak Subject: Mike Daubert Back Bay Farms,Inc Date: Tuesday,August 9,2022 1:09:59 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Ms. Nowak, I left a message to speak with you in regards to the noted subject planning matter for Wed.August 10, 2022. As an adjacent property owner and mutual business owner(Wedding Venue),we do not have a problem with Mr and Mrs. Daubert having an assembly permit. Respectfully, Herbert and Carolyn Culpepper From: Herb<pungorealt@aol.com> Sent:Tuesday, August 9, 2022 3:25 PM To: Elizabeth D. Nowak<ENowak@vbgov.com> Subject: Re: Mike Daubert Back Bay Farms, Inc 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. Thank you and please allow this email to be a formal letter of support . Herb and Carolyn Culpepper Original Message From: Elizabeth D. Nowak<ENowak@vbgov.com> To: Herb <pungorealt an.aol.com> Sent: Tue, Aug 9, 2022 1:54 pm Subject: RE: Mike Daubert Back Bay Farms, Inc Good Afternoon Mr. Culpepper, Thank you so much for following up with me by email—I had not received your voice message. I can include your email in the supplemental packet to the Planning Commission and City Council if you consider this a formal letter of support for the project. Please let me know by 4:00 p.m. today if that is the case. Sincerely, Elizabeth Nowak, Planner II I she/her City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-3066 (Direct) (757) 385-4621 (Office) ENowakvbgov.com From: Herb To: Elizabeth D.Nowak Subject: Re: Mike Daubert Back Bay Farms,Inc Date: Tuesday,August 9,2022 3:57:05 PM Attachments: jmage001.png CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. We have properties at 2041, 2049, 2073, and several vacant lots all on Indian River Road. Original Message From: Elizabeth D. Nowak<ENowak@vbgov.com> To: Herb<pungorealt@aol.com> Sent: Tue, Aug 9, 2022 3:25 pm Subject: RE: Mike Daubert Back Bay Farms, Inc Thank you for confirming.This will be included in the supplement packet for this agenda item. Sincerely, Elizabeth Nowak, Planner II I she/her City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-3066 (Direct) (757) 385-4621 (Office) ENowak@vbgov.com WPlanning & Community From: Her To: Elizabeth D. Nowak Subject: Re: Mike Daubert Back Bay Farms,Inc Date: Tuesday,August 9,2022 3:58:26 PM Attachments: jmage001.png 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. All the properties listed as HAC Properties II LLC Original Message From: Elizabeth D. Nowak<ENowak@vbgov.com> To: Herb <pungorealt@aol.com> Sent: Tue, Aug 9, 2022 3:25 pm Subject: RE: Mike Daubert Back Bay Farms, Inc Could you please clarify the address of the property that is adjacent to the Daubert's project site? Elizabeth Nowak, Planner II I she/her City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-3066 (Direct) (757) 385-4621 (Office) ENowak@vbgov.com 1kB 'fir: .•rag a,. Planning & Community I� rvrlc► pmrnt From: Herb<pungorealt@aol.com> Sent:Tuesday, August 9, 2022 3:25 PM 7 Oe :• Z= 1 •• O f: • -. tee` --- - _ - _- .Uj -f� , :: ot, H N I ., fp,11 ......d....I . NIA 1 1 1 ' i ‘ . _ - - a� ZtlI $W s o< 4. gW N W •Fy Xa' .t WW 11111111:1 glg, Z s i N Cr.1711----- - • •V W 1 Elm A. \ _ . , - .. , A ,.., . „, , til v.,......\\ • i is p C W K 01 \\,- E 2 < n 12- 5�7 ?') 1 W I iii W n 0 Z W Q Z wN Q J w Vp1 J �J 11 N p n = 1 I— X W CO W F- rt- 4 V / � O w N ,A1*. if c9 --_ ,,, �� I -`/� L 0j ;/ 3 co ...._ ilaiiiiiiim 0 IOC �// )::),OL £ fJi1 'o / /: E kl: I `c9) cp /0' . /* o / /. 0 i.� ------ off, 0a��s_ -0 Ili c co tva � o �/ cc 0 o _ — ,,,,,, 65 /./ _____ n E cu rm (12 = C2-73 .— 1%. O M CO 00 N ---- 40o , Q --- -j--:c3- ,,__, ais, a0 N sky,, m sti,„.ici ,,,,,,, - -- ,,,,,, „).2 11111 ._... ,„, MIN a_ -t>.' . F ) ) Lk / / Ill a? o 'o 1 E r at VI 0- N m / 114117iii i .......... r r mow , Zj 4 t J ./ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BOING US HOLDCO, INC [Applicant] NMP-C4 FAIRFIELD S/C, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 837 Kempsville Road. (GPIN 1466644850). COUNCIL DISTRICT 3, formerly Kempsville MEETING DATE: October 18, 2022 • Background: The applicant is requesting a Conditional Use Permit to redevelop the site with a Car Wash Facility on a B-2 Community Business zoned parcel within the Fairfield Shopping Center. The 34,933 square foot site is currently occupied by a fast food restaurant. The existing restaurant building will be demolished and will be redeveloped with a 3,887 square foot Car Wash Facility building with 13 vacuum stations. The proposed building elevations, depicted on page eight of this report, displays as a modern-style building with a flat roof and Exterior Insulation Finishing System (EIFS), metal panels, accent CMU, and dark CMU veneer with grey and dark brown colors and blue accents. At the tallest point, the building will be 30 feet and 11 inches in height. • Considerations: The proposed redevelopment of this site with a car wash is compatible to the existing commercial development in the vicinity along this section of Kempsville Road. The residential uses to the north are buffered by an expansive open space area associated with an existing church. The nearby residential uses to the east are across Kempsville Road. It is anticipated that the Car Wash Facility will have minimal impacts on the adjacent properties and will provide a service to the surrounding businesses and residences. Per Section 203 of the Zoning Ordinance, a minimum of three parking spaces are required for the proposed use. The submitted layout shows 17 parking spaces, with 14 spaces having access to the vacuums and the other three designated for employee parking, exceeding the parking requirement by 14 spaces. There is a nonconforming freestanding sign located on the property in association with the current fast food restaurant. Being that this restaurant use will be removed from the site, the applicant will also be removing the existing freestanding sign and Boing US Holdco, Inc Page 2 of 3 will be replacing it with a monument style sign no taller than eight feet in height, thereby meeting the current standards of the City's Zoning Ordinance. It is likely that the traffic generated by the proposed Car Wash Facility will result in a total of 500 average daily trips. The existing fast food restaurant generates about 1,780 average daily trips. Ultimately, the proposed use will be a lower traffic generator than many other commercial uses that are permitted by-right in the B-2 Community Business District. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 10-0, to recommend approval of this request. 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "CONCEPTUAL SITE PLAN — Take 5 Car Wash —VIRGINIA BEACH, 837 Kempsville Road, Virginia Beach, VA — Exhibit 1", dated August 25, 2022, prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape entitled "Take 5 Car Wash — VIRGINIA BEACH, 837 Kempsville Road, Virginia Beach, VA — Exhibit 2", dated August 25, 2022, prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "TAKE 5 CAR WASH, 837 Kempsville Road, Virginia Beach, VA 23464, ELEVATIONS"", dated June 28, 2022, prepared by Rogue Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A Boing US Holdco, Inc Page 3 of 3 separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. The existing nonconforming freestanding sign shall be removed from the site and replaced with a monument style sign no taller than eight feet in height. 7. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 6 '0 Submitting Department/Agency: Planning Department/4)2 City Manager: Applicant Boing US Holdco, Inc Agenda Item Property Owner NMP-C4 Fairfield S/C, LLC Planning Commission Public Hearing September 14, 2022 6 clru""i City Council District District 3,formerly Kempsville Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation RosaerplaCe �'r t i I 41 Approval e �A� / a a • .0 nye o` ilC l u : 4645cfP M,�bt,�e 0 Staff Planner 1 7- -0,4„ Marchelle Coleman 1.___ ° D R,�h�l c Location ( It� 837 Kempsville Road le,. r / GPIN —, �d 1466644850 -, Rom �° J o Site Size I .04,44''�,,,0a 34,933 square feet i AICUZ '40 i"'%.n V Less than 65 dB DNL c 1,7:7‘41 Watershed 6, (.. / V Chesapeake Bay Y Existing Land Use and Zoning District • Fast food restaurant/B-2 Community Business , Surrounding Land Uses and Zoning Districts North *rft • ` Religious use/A-12 Apartment L►o ~' q Liz,i, * - South tee`. - ' : - 1 �!, Bank/B-2 Community Business 4-, !' �. _ , c �- • r� East it, • f, ve yV , Kempsville Road r4 -vet Police station, public library, single-family t ., !OAK r J N. dwellings/P-1 Preservation, R-10 Residential + ' West ° • Shopping center/B-2 Community Business !_ji , L. Boing US Holdco, Inc Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to redevelop the site with a Car Wash Facility on a B-2 Community Business zoned parcel within the Fairfield Shopping Center. • The 34,933 square foot site is currently occupied by a fast food restaurant.The existing restaurant building will be demolished and will be redeveloped with a 3,887 square foot Car Wash Facility building with 13 vacuum stations. • The proposed building elevations, depicted on page eight of this report, displays as a modern-style building with a flat roof and Exterior Insulation Finishing System (EIFS), metal panels, accent CMU, and dark CMU veneer with grey and dark brown colors and blue accents. At the tallest point,the building will be 30 feet and 11 inches in height. • The conceptual Landscape Plan shows the required building foundation, interior parking lot, and street frontage plantings. A 15-foot wide buffer with Category IV landscape plantings is also proposed as required, adjacent to the religious use north of the site. • Per Section 203 of the Zoning Ordinance, a minimum of three parking spaces are required for the proposed use. The submitted layout shows 17 parking spaces,with 14 spaces having access to the vacuums and the other three designated for employee parking, exceeding the parking requirement by 14 spaces. • It is anticipated that up to four employees will be on site at any one time.The proposed typical hours of operation will be from 7:00 a.m. to 7:00 p.m., Monday through Saturday and 10:00 a.m. to 4:00 p.m. on Sundays. 1 / • % Zoning History # Request t�i 1 CUP(Church expansion)Approved 07/11/2006 / CUP(Church Addition)Approved 03/23/1993 ' CUP(Church)Approved 05/14/1979 2 CUP(Communication Tower)Approved 07/11/1995 CUP(Mini-Warehouse)Approved 09/10/1984 4 � ' 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 This request for a Conditional Use Permit for a Car Wash Facility, in Staff's opinion, is acceptable. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development.The proposed redevelopment of this site with a car wash is compatible to the existing commercial development in the vicinity along this section of Kempsville Road. The residential uses to the north are buffered by an expansive open space area associated with an existing church.The nearby residential uses to the east are across Boing US Holdco, Inc Agenda Item 6 Page 2 Kempsville Road. It is anticipated that the Car Wash Facility will have minimal impacts on the adjacent properties and will provide a service to the surrounding businesses and residences. In Staff's opinion,the applicant considered the surrounding properties when developing the site layout and building design, specifically for the religious use to the north and residential homes to the east of the site. As depicted the vacuum parking spaces are situated on the western portion of the site, immediately adjacent to the shopping center parking lot, in an effort to reduce visibility and noise for the residential properties across Kempsville Road. As required by the Zoning Ordinance,the applicant will be installing a 15-foot wide buffer with Category IV landscape plantings adjacent to the religious use to the north. Currently,the property lacks the required streetscape plantings along Kempsville Road, as the site was initially developed in 1978 prior to the establishment of the landscaping buffering and screening requirements.As depicted on the conceptual landscape plan, the proposed streetscape plantings will not only improve the aesthetics but will also provide additional screening from the public right-of-way, which is deficient today. There is a nonconforming freestanding sign located on the property in association with the current fast food restaurant. Being that this restaurant use will be removed from the site,the applicant will also be removing the existing freestanding sign and will be replacing it with a monument style sign no taller than eight feet in height,thereby meeting the current standards of the City's Zoning Ordinance. Condition 6 is recommended to address this. It is the opinion of Staff that the traffic generated by the proposed Car Wash Facility will result in a total of 500 average daily trips. The existing fast food restaurant generates about 1,780 average daily trips. Ultimately,the proposed use will likely generate lower traffic volumes than other commercial uses that are permitted by-right in the B-2 Community Business District. Additional detailed comments will be provided to the applicant during the site plan review process. As this site is located in the Chesapeake Bay Watershed, a preliminary stormwater analysis is not required prior to this item being reviewed by Planning Commission and City Council. According to the applicant, underground storage is proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on these considerations, Staff recommends approval of the application, subject to the conditions listed below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "CONCEPTUAL SITE PLAN —Take 5 Car Wash—VIRGINIA BEACH, 837 Kempsville Road,Virginia Beach,VA—Exhibit 1", dated August 25, 2022, prepared by Pennoni Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape entitled "Take 5 Car Wash —VIRGINIA BEACH, 837 Kempsville Road,Virginia Beach,VA—Exhibit 2", dated August 25, 2022, prepared by Pennoni Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "TAKE 5 CAR WASH, 837 Kempsville Road,Virginia Beach,VA 23464, ELEVATIONS"", dated June 28, 2022, prepared by Rogue Architects,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. Boing US Holdco, Inc Agenda Item 6 Page 3 4. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 6. The existing nonconforming freestanding sign shall be removed from the site and replaced with a monument style sign no taller than eight feet in height. 7. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 36,000 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2—1,780 ADT Proposed Land Use 3—500 ADT 1 Average Daily Trips 2 as defined by a 3,800 square 3 as defined by an automatic car 4 LOS=Level of Service foot fast food restaurant wash facility Boing US Holdco, Inc Agenda Item 6 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Kempsville Road, in the vicinity of this site, is a four-lane divided minor urban arterial road. The MTP proposes a six-lane divided facility with an ultimate right-of-way of 150 feet. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Boing US Holdco, Inc Agenda Item 6 Page 5 u LO l0 o a an � zOL8Z 3,•3 1 1dYHO U — Z d0 L 133HS COL LOIS'13381S HOLMKAN Ott 0SZ0 L8YLSL A lilt LEW St l 10 (O SONVa9 N3AIaa zs1CZan'w��e O19 -0 I#1I8 I HX3 Ndld 31IS 1df11d33N00 'OM 83113OSSY INONN3d N o Od0 A803A08ddY VA H3Y33 tOOSO1A DQ OD CHOa 37ASd1,3H Lft 00r A8 N'A140 HOV38 VINI08IA-HSVM WO S 3)1V1 C ,OE I. 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A ��� �� • ��* EXIST USE. FAST FOOD RESTAURANT 0 _....: .�J�;,,,,,..,,t •,'` o,�� ;� ® �� �}!,^T�T PROP USE AUTOMATIC CAR WASH(TAKE 5) _ CU .. tiP'., no NORTHERN BUFFER.CATEGORY IV,15'BUFFER,171 LF pe°1' ti •! t":" .�e 171 LF 130=5.7 TREES REQUIRED 6 TREES PROVIDED r 0 ° '??1= 171 LF 1 10=17 EVERGREENS REQUIRED 17 EVERGREENS ,� 1 ti.r1 0 PROVIDED,ADDITIONAL EVERGREEN SHRUBS PROVIDED M o 64 4 c;:,c,.;, o el EASTERN STREET FRONTAGE•10'WIDE,231 LF N„s fi • 231 LF 115=15.4 TREES REQUIRED 16 TREES PROVIDED r, p% EVERGREEN SHRUBS PROVIDED -0 GP/N 1466545G42 0 \l: ,1' 0 SOUTHERN BOUNDARY:146 LF,5'WIDE PARCEL A-1 d I ,i ,�I 'a. ). IIa d' 0 146 LF/10=14.6 EVERGREENS REQUIRED 15 EVERGREENS MIMS INST2o19i08710007AB650 i' , •:.•�. ,-.;..►: 'h .'F ••: • �'977iiiiii II V PROVIDED MB 135 PG 53 ..'rk /1, pi ZONING B 2 D e e �: TO GP/N.:146664485 SHOPPING CENTER .: 4 . "gr. Op* PARCEL84 WESTERN STREET FRONTAGE 221 LF,10'WIDE TAKE 5 CAR WASH EXPRESS '' -. 0 DE22LOPG776 221 LF/30=7.3 TREES REQUIRED 6 PROVIDED DUE TO o MR148PG35 ENTRANCE 10 • (110'TUNNEL) +'St 1 , t; ,-.7 0 ZONING:A-12 6:`� , 3,887 SF . . 0 CHURCH • p FRONTAGE LANDSCAPE AREA 50%OF FACADE TO BE LANDSCAPED 1e s 0 6 SMALL TREES PROVIDED ��o o00 ro'o'o v 0 000o t oto 16 EVERGREEN SHRUBS PROVIDED !L,.�, .��MIA�el..�e el� o ,. .. 1- .. .. 0 crop M 0 0 k ,. .IA _. poi oOeo o#��` o0 wee °o �• 0 9' 0v p0i'oe°o.ep peep poop peee e�90 e00 ° o o e oe o O OO l o p o00o p b pp epOO p Oppo. p000 ee 0 r `LARGE TREE Y moo_ a �0,�0 000 op o is.. �e0�0 o O UNDERSTORY 0 EVERGREENS KEMPSVILLERD(SR 190) SHRUBS VARIABLE WIDTH PUBLIC RIGHT-OF-WAY MB 135 PG 53 0 30' 00 min MR mommommom LANDSCAPE NOTES: Al 1,11.4FVCRhhP+'lK',PYPI*.NW.,VCIlIn;F.TAA�YM�:`,,,,,:T�F PROJECT DRVBR22011 +1$M?,.;,.1+-YA,k1Yi1N....,,,,k*Rld;VW 7.1 Al1.,.,114Jk f'Vrs.. +5.3,1,4.CIIIE f090243,1,111R..M3R(71ANa RZIC.4.1•MIE ,w-IRI.T HIT1,NIrt.-cmovr..-ATOt•1,1VNIAh_r..rdMNT4,an-1m SATE 08/25/2022 -Wlpol��.k�M'hlL h A�_f1M:11RlgJ:IMANCIM 1Q.1-MMl l'dt L-JCb4 J�N1wMk nnon RCM AL aAM I'. *ALL LANDSCAPING TO CONFORM TO THE LANDSCAPING GUIDE APRIL 26,2011 PeA•NU.a..1 9.VJEVF.F5WPC0U0gCAR9ETICf-h1E=ice.' 3RANIVG SCALE 1"=30' 'ALL LANDSCAPING TO FOLLOW APPENDIX E-TREE PLANTING.PRESERVATION AND REPLACEMENT W TAKE 5 CAR WASH-VIRGIMA BEACH 3RAww aY JDD 037 KEf4PSVR-E ROA3 5. NRONIAREAC4 VA APPROVED R" HSW CM D C PENNONI ASSOCIATES INC. CONCEPTUAL LANDSCAPE PLAN EXHIBIT#2 (Jq (f) 343 SotrIMOrt CYcle Suite 100 DRIVEN BRANDS (p V VW Bram VA 23452 440 SOOT 4 CNJRCH STREET SUITE MO I T 757 497 7472 F 75749T025C ctuRtotTE SHEET 2 OF 2 S? O CI r+ O Uq [D -I Q1 n Proposed Building Elevations • Y9$ VA HOV38VINIDtlIA no • v x,s (i Oil 3111ASdw371 C. ' e rs r O 1` 4 f74� —— HSVM 2�b�� S ��Ib'1 ,`-.. ` i ; W R - F1 r E L 8 Q i 's 4 i it i 5 4 i --i.: 5; x I. i i ; eQ � �� : b !R s sE ! $ A , #�9 W a8 [ 'y i:8 I. , I4 1 f ii PM: i k ay aii : si : 1 i wiiaiiti b iiisL O'8N1i ik o § I sf10E$i£ /I I: i . i ° . e pF 1: h oc000ee e e e ® t®b ®©®c 6 . . d - •--- i I s. H wallua clA �7 [liii - y B^ 1 F 9 itil — 6---' o i}'QRR- F — _ 05 I •` 9 - 8 . C ` a E i5 — Y - : O Q.: — O $ 6.''' JI ff" h _ o - o o w ':' \ Fb 4 8 B 041 Z E'' N C Q i —' ` E 111 8 Q .,-.e _ o o i B 8 - — O , 1 . L B 0 0 0 0 . • —a r.. • i w o v 0 +i z j r-ra. J P R = TM.,AP-AAW LJJ IP ep m Boing US Holdco, Inc Agenda Item 6 Page 8 Proposed Building Signage FRONT ELFVATiON U� urae•erne stinrwr:Fsm:•• - 96.50• -- TAKE 5 °`,..,,, PROOF CAR WASH = _ des 837 Kempsville Rd �, Sq.Ft.Slgnage: / -�+l g. • Virginia Beach,VA 23464 _ 66.93 "_ Tt. Swage aowance c 1� Zoned B2 INITIAL LAYOUT 2 Val SO.Mz9t ttuT, REVISIONS. MaArrkxT1 Sq.F'.-345 Sq.F.Aga ego-e I II 111 Sf.4l Sq.R. N ant1 V 112.00' I WQ1 mom _. _.,,__.„__ 11.wkiR IMPOSED IMAGERY GIT:'SPECIFICATIONS • ,w ILLUMINATED Ciagrife4 ` CHANNEL LETTERS sm.: •PMS2191 C N In&plying ri •PM57691 C C "'' _ Trim: J PM5101 C Trim Color: •PMS7625C ceri —._� Fo.., 1--- Return Color: • Black ill r - 3Iock -White Rehm Depth: . Face Odor See above DETAIL , , Foes mow. -=F^•� II"Acrylic ' _ ., ---- -II Letter Interior: 423.00 EST Gloss wilts Illurrlhation _ I I nOTCS. LID _ .�q O •F VLCTRICIAL LINE'}BOY IS WITHIN 6'OF ELECTRICAL.CONNECTION TO BE HANDLED BY INSTALLER. Ma,ntl ng 4 I I I IF NOT ELECTRICAL HANDLED BY OWNER GC rr-�^ �I •F ROOF PENETRATIONS ARE NECESSARY,THEY ARE 10 BE SEALED BY A ROOFER THIS IS HANDLED SY THE CC OWNER Studded Letten .r•er 1 I •REMOVAL AND DISPOSAL OF COSTING WALL SIGNS HMIDLED BY GC OWNER 11 Owner/Landlord Approval 1 ,, 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 RCAR(LEVATLON O NO SIGNAGE V� itartlrri�rrq es lo- TAKE 5 r*.T�,4, TAR WASH -_-_ PAINT SCHEME TO MATCH 837 Kempsville Rd SIMILAR PAINT APPROACHES Virginia Beach,VA 23464 INITIAL LAYOUT 1 REVISIONS l-I is 1, I r T .1___L 1__ I Es , MIME I_ _ - L.L 't.I�.-_.....1 E I_;1_, ---- - try' 1 1 111.11..I I .' Li: . -� 1:1 i r i- Me • tale 1 'a — i. I la:1 .--,--,1 I_ Owner/Landlord Approval ' ••••�•.+�• • .i 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 Boing US Holdco, Inc Agenda Item 6 Page 9 Proposed Building Signage SIDE'A ELEVATION UL u�.,nas L.mra.a me• TAKE 5 •'ResEnslV %sD--- PROOF CAR WASH k 837 Kempsville Rd Virginia Beach,VA 23464 S4 F. Igr 5 40 SiGnoge Allowance: B2 2«INITIAL LAYOUT 2 VAR Sig la MLTrknrn REVISIONS Ma n'TLrn Sq.F.:345 Sq.Ft.Aggregate I II RI 5E.47 Sq.Ft. N V am 1 _ 112.00• gAN WQOH 1 11.N Sq.R. • i■r _ IMPOSED IMAGERY °11 SPECIFICATIONS S ILLUMINATED Fr fsl oc • .m.I___=_==,_-=_ = �-—___ ___ CHANNEL LETTERS ■PMS2191CME Ill MEI As In denies; - - -== ------====_ -------=---- - = sw: IIPMS 7691 C ax.._:-- ----vrwrarnn--..anv.... -- .R Mn: p PMS 107 C -- =----_- --- ----�—_:_-- 1- ■■■■ --aver n_:is-- u r=�...---1iisu-s � Wen Cdar. •PMS 7625 C Mock ■_ ■■■■'N -•. , _srr�=-- s_ r_ra__r__W= Reun Cdor: l_ ■■■■' a �__....����._..w_.. _e a.�► Renen 8- I 1,320.00•EST— I see DETAIL Face 'wk�.� above .3" 1;B-Acrylic M pI letter Interior Goa Whine — — —Rlrj/ NOTES: I —III =o l i •IF EIEE.IRTC lA1 LINE BOk IS WITH.6'OF EIECIRICAI.CONNECTION TO BE HANDLED BY INSTALLER. ®urrirwlbn: LED OM IF NOT ELLCTPICAL HANDLED EY OWNER GCShsckled Letters •IF ROOF PE M10ONS ARE NECESSARY.THEY ARE 10 BE SEALED BY A ROOFER THIS IS HAFIDLED 8Y NE THE GC OWR •�= I I •REMOVAL AND was..or EXISTING WALL SIGNS HAN BY DLED GC OWNER e Owner/Landlord Approval IGNS-UNLIMITE 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 SIDE B ELEVATION �L ems, NO SIGNAGE TAKE 5 �.:. . PAINT SCHEME TO MATCH CAR WASH = 837 Kempsville Rd � SIMILAR PAINT APPROACHES Virginia Beach,VA 23464 INITIAL LAYOUT REVISIONS I 11 RI Tv V nM .7-76aa .=s r :,::::::::1= _ _ ''sire-5. _ saa: 6____=== - -----r =----= =_=-_mal _ "aer-___=_ =MEOwner/Landlord Approval 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 Boing US Holdco, Inc Agenda Item 6 Page 10 Proposed Freestanding and Directional Signage GROUND SIGN(MONUMENT) (U eJ• . PROOF -. ..r NOTE:ENGINEERING TAKE 5 REQUIREMENTS MAY CAR WASH - _ __ V ALTER FOOTERPOLE AND PRICE837 Kempsville Rd • Sa R Sig nags 5,6s Virginia Beach,VA 23464 Slgnoge Allowance. Zoned E2 _Orictscc I-G Re:ared INITIAL LAYOUT 3 per Sre Wurnrrn Te REVISIONS: c-N Counted Agora Aggego. 1 Nlnimum Set:mod,7 Ft.from u Reverse PibIC ROW RI MDkmm Height:•2 h VMm0'nun Sq F-.: 50 Sq-1 Elevation Side SPECIFICATIONS 96.50• 22 13•I DOUBLE-SIDED az.ar 12 ar1 ILLUMINATED 88.25 I xoDe9a ALUMINUM CABINET See above As in dramry 1[5. PO M°M.E WILE I TAKE ` I Fem Color: W LYC'JGRAPIK POR ri4i !1 AS In drawingN § 1- Vinyl Colors: _ P 1 AS If1 dIOM'1g Ti ,-4 .�' - Face I,�•RACK s-TALL AND POLE 1,8'Acrylc ADDRESS IQITt 2 -- i SKIRT PAINTED SLACK Cabinet Interior 56.68 Sq.Ft. 837 I Gb Attic -'- a— Cabr»I•swt CObr: DETAIL B ...Tent 7 rT.t,e..urieea nwcc -ED r1111i� Movmrp f�lllll�l — looter h oatales w; h 11. �, ,� I�Illll�i �.. NOTE: E'WERNHER BARD ON e II ' Owner/Landlord Approval 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 DIRECTIONALANAYFIlVDING SIGN UL a ece nerslaeoranrzcnc. TAKE 5 ""'_�"" CAR WASH ='--=` ` 0PMS2191C 837 Kempsville Rd ■PMS 7691C Virginia Beach,VA 23464 J°rnlslmc I®PIAS7625C • INITIAL LAYOUT. BIIdt -I Mite REVISIONS 1 n HI TV V SPECIFICATIONS NON ILLUMINATED DOUBLE-SIDED rrtf — 'i >iC L I 'IT ' ' otc.I POST&CHANNEL i€ : L Material: aimr.nn sT Mgt nrdng Dionne Face Color: ,h draMnp �CT�A�qq nee w,orwOnree.s •erreorarowapr Trim:D NIL L too WT. cis R R r - osr.1 ant 1 Trim ,.i. CeE AreA Rehm Coor: Rerun Depth: 3' Face: 1/8•AcMc We Cdor: book MO Each ,...C... IIII NOTES: I •HOLES TO BE DUG BY HAND TO AVOID DAMAGING UNMARKED UNDERGROUND LINES •ALL WAYF1NDING SIGNS MUST BE REINFORCED WITH CONCRETE 3:11Owner/Landlord Approval T I 6801 Mount Hermon Church Rd,Ste C,Durham,NC 27705 • (P)919-552-8689 • (F)919-557-1322 Boing US Holdco, Inc Agenda Item 6 Page 11 Site Photos .yr . Boing US Holdco, Inc Agenda Item 6 Page 12 Site Photos IV . - - --' It it •- ' Via - _ _ — - � — ; __, F — I ' MO' ..., - _ - i 1) Wl - i i ill - -.- '--- Boing US Holdco, Inc Agenda Item 6 Page 13 Disclosure Statement DocuSign Envelope ID:3DF3EE0C-037A-4687-AB66-3E986292EA72 a.. Disclosure Statement City of ti vyntio&midi 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 Boina US Holdco. Inc. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Jonathan Dozier(Pennoni Associates) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jonathan Fitzpatrick Tiffany Mason Scott O'Melia • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Driven Brands Holdings Inc. 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I Boing US Holdco, Inc Agenda Item 6 Page 14 Disclosure Statement Docu sign Envelope ID:3DF3EE0C-037A-4687-AB66-3E986292EA72 1111 Disclosure Statement Agri3 C'd y of 1 tryi,uu Rath 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 El 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 flnandng(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering any flnandng In connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes El No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. Pennoni Associates(Sandy White), Roque Architects(Kim Tran) 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. Revised 11.09.2020 2 Boing US Holdco, Inc Agenda Item 6 Page 15 Disclosure Statement DocuSign Envelope ID 4A70934C-A3EE-40E8-9FAB-9542 8 34 56E DE Disclosure Statement \43 y of viryinia&L[i Planning& 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 2 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm and individual providing the service. Pennoni Associates(Jonathan Dozier) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. Driven Brands Inc.Attorneys (In House attorney)(Minaz Abdulla) 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. Being US Holdco.Inc. By:Scott O;Melia,Secretary and Executive Vice President e-DocuSigned by: Applicant Signature -BA4DA03F566D4De Scott O Mlelia,Secretary and Executive Tice President Print Name and Title August 22, 2022 Date Is the applicant also the owner of the subject property? ❑Yes 21 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 :/27/2022 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 I Boing US Holdco, Inc Agenda Item 6 Page 16 Disclosure Statement Disclosure Statement City of Viryirun Beach Planning&Community Development Owner Disclosure Owner Name NMP-C4 Fairfield S/C LLC Applicant Name Driven Brands,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?Ud Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) ln1p Fs-ef,r LAC C ''I F•t,/F.Yid !_Lc_ Tim Sittema-Managing Partner Peter Pappas-Managing Partner • 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 0 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. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I r Boing US Holdco, Inc Agenda Item 6 Page 17 Disclosure Statement Disclosure Statement 1/13 City ortuvi.vear, 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 El No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes El/No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns providedd.in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 2 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual prov ding the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes E(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 El No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agen-in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Revised 11 09.2020 6 I - Boing US Holdco, Inc Agenda Item 6 Page 18 Disclosure Statement Disclosure Statement VB Coy of f nyinirt Beach Planning&Community Development 8 Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?Er es ❑No • If yes,identify the firm and individual providing legal the service. f li( 1—`c i c' .To, ov(e 4 sS.ski 04,,-�� t �cs.his.to, /c's.i 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 notif cation 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. NMP—C-`1 FA.RF/Ey)c/G LAX_ a, r/t , on-r, Owner Signature 1 t tr»f1 761 k /171r 7.,._ Print Name and Title Date Revised 11 09.2020 7 I P age Boing US Holdco, Inc Agenda Item 6 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Boing US Holdco, Inc Agenda Item 6 Page 20 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 6 Boing US Holdco, Inc (Applicant) NMP-C4 Fairfield S/C, LLC (Property Owner) Conditional Use Permit (Car Wash Facility) Address: 837 Kempsville Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Okay, thank you. The next order of business is the consent agenda, and I'm going to turn that over to the Vice-Chair to run that portion of the meeting. Mr. Alcaraz: Thank you, Mr. Wall. We have 10 items on the consent agenda today. The first item is item#6 for a carwash facility at 837 Kempsville Road, will the representative please come forward. Can you state your name for the record? Mr. Dozier: Good afternoon Commissioners. My name is Jonathan Dozier with Pennoni. I will be the civil engineer on this project. I am here on behalf of Take 5, the applicant. First, I would like to thank Marchelle for all her assistance with this application, and we appreciate the opportunity. I'm happy to answer any questions you all may have. Mr. Alcaraz: Are the conditions acceptable to you? Mr. Dozier: Yes, all of them. Mr. Wall: Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none, I ask Mr. Weiner to please read this item. Mr. Weiner: Thank you Mr.Alcaraz. This is a Conditional Use Permit for a carwash on Kempsville Road. The applicant is requesting a Conditional Use Permit to redevelop the site with a carwash facility on a B-2 Community Business owned parcel within the Fairfield Shopping Center. It is anticipated that four employees will be on site at any one time. The typical hours of operation will be 7 a.m. to 7 p.m. Monday through Saturday, and 10 a.m. to 4 p.m. on Sundays. We thought this should go into consent agenda, and we've done that. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19, and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "CONCEPTUAL SITE PLAN —Take 5 Car Wash —VIRGINIA BEACH, 837 Kempsville Road, Virginia Beach, VA— Exhibit 1", dated August 25, 2022, prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape entitled "Take 5 Car Wash —VIRGINIA BEACH, 837 Kempsville Road, Virginia Beach, VA— Exhibit 2", dated August 25, 2022, prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "TAKE 5 CAR WASH, 837 Kempsville Road, Virginia Beach, VA 23464, ELEVATIONS"", dated June 28, 2022, prepared by Rogue Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. The existing nonconforming freestanding sign shall be removed from the site and replaced with a monument style sign no taller than eight feet in height. 7. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ) / ,, / B2 B2 - a / 0 iv • -o m ) S o B2 o B2 m • B2 / Ar-e, i / , / ,, - / 7 r A Site �, ,��� r; Property Polygons Bel Aire, LLC & Take 5 Properties SPV, LLC, ,0' -- a Delaware Limited Liability Company Zoning Building 1552 General Booth Boulevard coli Feet 0 1530 60 90 120 150 180 r :>1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEL AIRE, LLC & TAKE 5 PROPERTIES SPV, LLC [Applicants] BEL AIRE, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) Conditional Use Permit (Car Wash Facility) for the property located at 1552 General Booth Boulevard (GPIN 2415555765). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: October 18, 2022 ■ Background: The applicants are requesting two Conditional Use Permits to develop an Automobile Repair Garage and a Car Wash Facility on a 1.44-acre undeveloped site near the intersection of General Booth Boulevard and Dam Neck Road. The parcel will be divided into two lease lots. Lease Lot A will be approximately 0.5 acres and will be the site of the Automobile Repair Garage (Take 5 Oil Change). The Car Wash Facility (Splash H20) will be developed on the remaining 0.9 acres of the property. The Splash H2O Car Wash building will have a single car wash tunnel with vacuum spaces located on the south side of the building. The building for Take 5 Oil Change will parallel General Booth Boulevard. Its three service bays will be loaded from the rear of the parcel. • Considerations: Both the Automobile Repair Garage and the Car Wash Facility are uses that are compatible with existing adjacent commercial development. Both uses provide non-residential services, which are an important part of building "Great Neighborhoods," one of the primary goals for the Suburban Area described in the Comprehensive Plan. The Comprehensive Plan also recommends that new development in the Suburban Area have similar massing to existing buildings. The proposed buildings will be single-story and with similar building size and massing as adjacent development. The property is located in the greater than 75 dB DNL noise zone, the highest of the noise zones. Non-residential services such as those proposed in these applications are compatible uses in this AICUZ. Proposed landscaping appears to meet the requirements as set forth in the Zoning Ordinance and Landscape and Screening Guidelines. Bel Aire, LLC & Take 5 Properties SPV, LLC Page 2 of 4 The proposed layout exceeds the minimum parking requirements for these uses. Only two spaces are required for the Take 5 Oil Change, while five are provided on Lease Lot A. Three spaces are required for Splash H2O Car Wash and nine are proposed. These nine spaces will accommodate the three required for the facility's single car wash bay and a single space for each employee on a maximum shift, which is anticipated to be six employees. Staff recommends Condition 9 in each Conditional Use Permit to address the excess proposed parking. The proposed uses will have no adverse effect on traffic in this area. As the site will be transitioning to a developed parcel, the number of average daily trips (ADT) will increase. It is estimated that 500 ADT are expected for the automatic car wash facility and 120 ADT are expected for the oil change facility. Combined, this ADT count is less than the average for a parcel of this size zoned for B-2 Community Business. Current traffic counts also show that General Booth Boulevard is below its traffic capacity. Lastly, the applicant submitted a preliminary stormwater analysis with these applications. Review of this preliminary concept indicates that it is likely that the development will be able to meet stormwater requirements for the Southern Reivers Watershed. While additional details will be meted out during site plan review, Staff believes the strategy as presented is reasonable and realistic. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. During the Planning Commission's discussion during the public hearing, it was noted that perhaps the amount of red striping at the top of the building was in excess of other similar building designs of the oil change operation within Virginia Beach. Ultimately it was determined that the proposal as presented was acceptable. • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 - 0. Conditions for Conditional Use Permit for Automobile Repair Garage: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Take-5 Oil Change," dated June 30, 2022, and prepared by Ground-Up. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. Bel Aire, LLC & Take 5 Properties SPV, LLC Page 3 of 4 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 5. No motor vehicle repair work shall take place outside of the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no outdoor storage of equipment, parts, tires, or materials. 8. All on-site signage shall meet the requirements of the City Zoning Ordinance. One monument sign shall be permitted on the parcel. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 10.There shall be no portable or nonstructural signs or electronic display signs on the site. 11.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 12.The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. Conditions for Conditional Use Permit for Car Wash Facility: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Bel Aire, LLC & Take 5 Properties SPV, LLC Page 4 of 4 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Splash Car wash — General Booth," dated June 30, 2022, and prepared by Ionic DeZign Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 4. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance. One monument sign shall be permitted on the parcel. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 9. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0-) City Manager: IP) Applicants Bel Aire, LLC & Take 5 Properties SPV, Agenda Items LLC Property Owner Bel Aire, LLC 12 1 3 Planning Commission Public Hearing September 14, 2022 Virginia Beach City Council District District 5,formerly Princess Anne Requests #12- Conditional Use Permit (Automobile Repair Garage) _ #13 - Conditional Use Permit (Car Wash 11 /..`� Facility) ')9R ot, Sakura lane Staff Recommendation Approval A' Staff Planner Elizabeth Nowak �......46- : f ! �_ Dam Neck Road t Location ' 1. .« 1552 General Booth Boulevard 4 ,. GPIN 7Q � a 2415555765 /• s .e ; Site Size ; 4' 4 1.44 acres S' / / \ AICUZ Greater than 75 dB DNL Watershed Southern Rivers f L, I ,f �1 Existing Land Use and Zoning District J'. ,ii,% Undeveloped parcel/ B-2 Community Business f _ r 4 - , ,' ' IS J , i!.. ; 'It ,.... a 9 Surrounding Land Uses and Zoning Districts ,,1 / North Restaurant / B-2 Community Business ,J-,/ s' m +. 0 it i South Automobile service station,convenience store i ' ., j Im./ B-2 Community Business , ,r I East :, t Undeveloped lot/B-2 Community Business .. .: '�:, '�' ;, - r" k •West — f , z,.f.„ ..- -` ___ _ General Booth Boulevard ••_ ' Dam Neck Road rrilit Restaurant, mini-warehouse, bank/ B-2 Community Business Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 1 Background & Summary of Proposal • The parcel at 1552 General Booth Boulevard is an undeveloped 1.44-acre site near the intersection of General Booth Boulevard and Dam Neck Road. The applicants are requesting two Conditional Use Permits to develop an Automobile Repair Garage and a Car Wash Facility on this lot. • The parcel will be divided into two lease lots, as illustrated on the concept site plan on page nine of this report. Lease Lot A will be approximately 0.5 acres and will be the site of the Automobile Repair Garage (Take 5 Oil Change). The Car Wash Facility (Splash H20) will be developed on the remaining 0.9 acres of the property. • Public access to the site will be from General Booth Boulevard.To ensure continuous interior circulation, a driveway will allow vehicles to move between the two businesses. At the rear of the lot a second access point is proposed onto the private connector road that joins Dam Neck Station Road and Dam Neck Road. • The buildings for both Take 5 Oil Change and Splash H2O Car Wash will be single-story with massing similar to nearby developments. Both buildings will also be finished with complementary materials, including stucco and EFIS for wall surfaces and metal for cornice and roofing details. • The building for Take 5 Oil Change will front on the east side of the parcel, parallel with General Booth Boulevard. Its three service bays will be loaded from the rear of the parcel. The three bays will have metal overhead garage doors with three-by-three window glazing. Colors will be those typical to the Take 5 Oil Change brand: walls will be brown and cream, and the sign band and cornice will be red with yellow and red signage. Hours of operation are proposed as 7:00 a.m.to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sundays. • The Splash H2O Car Wash building will have a single car wash tunnel with vacuum spaces located on the south side of the building. • Traffic for the Splash H2O Car Wash will move opposite the flow for the Take 5 Oil Change:vehicles will move from east to west through the car wash tunnel. Upon exiting, vehicles may exit the parcel onto the feeder road that connects the property with Dam Neck Station Road to the North and Dam Neck Road to the south, or they may turn right to use vacuum stations. Hours of operation are proposed as 7:00 a.m. to 9:00 p.m., daily. • A shared dumpster is proposed on Lease Lot A. The dumpster will be screened with evergreen shrubs on three sides, as is required. • Wall signs are proposed on both buildings. Additionally, one monument sign is proposed perpendicular to General Booth Boulevard and another monument sign is proposed perpendicular to the feeder road at the rear of the parcel. Directional signage is proposed throughout the site to indicate the location of one-way traffic and to guide vehicles safely through the site. • Per Section 203(b)(16) of the Zoning Ordinance,two parking spaces are required for a 1,430 square foot Automobile Repair Garage and, per Section 228.1,three parking spaces are required for a Car Wash Facility with a single bay. The submitted concept site plan includes five parking spaces on Lease Lot A for the Take 5 Oil Change and nine parking spaces dedicated to the Splash H2O Car Wash. In addition to the nine parking spaces,the applicant proposes 18 vacuum spaces for use by customers of the Splash H2O Car Wash. • In this corridor of General Booth Boulevard,there are recommended plantings within a 10-foot wide scenic easement for properties fronting General Booth Boulevard. The applicant's conceptual landscape plan shows this buffer as well as the required flowering trees recommended for planting along the roadway. Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 2 Zoning History # Request ' L- --__ / /' 1 CUP(Small Engine Repair)Approved 06/09/2009 SVR Approved 01/22/2002 2 CRZ(A-12 and B-2 to Conditional B-2)Approved C06R/Z1(4A/11929t4o) A-18)Approved 06/14/1994 �P / 3 MDC Approved 07/06/2010 MDC Approved 02/08/2005 :g.' • � MDC Approved 06/20/2002 4, SVR Approved 06/20/2002 � �; CUP(Mini-warehouse)Approved 10/09/2001 `� REZ(AG-2 to B-2)Approved 02/24/1986 0 I jIJ 4 CUP(Fuel Sales/Convenience Store)Approved / // ; 4 • 09/25/2001 / J ,n. CUP(Gas Station)Approved 06/17/1985 5 CUP(Tattoo Parlor)Approved 04/19/2016 cam 8oac 6 REZ(A-1 to B-2)Approved 01/28/1985 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion, both these requests are acceptable. Both the Automobile Repair Garage and the Car Wash Facility are uses that are compatible with existing adjacent commercial development. Both uses provide non-residential services, which are an important part of building "Great Neighborhoods," one of the primary goals for the Suburban Area described in the Comprehensive Plan.The property is located in the greater than 75 dB DNL noise zone,the highest of the noise zones. Non-residential services such as those proposed in these applications are compatible with as noted in the AICUZ section of the Zoning Ordinance while still offering neighborhood services to residents. The Comprehensive Plan also recommends that new development in the Suburban Area have similar massing to existing buildings.The proposed buildings will be single-story and with similar building size and massing as adjacent development. Proposed landscaping appears to meet the requirements as set forth in the Zoning Ordinance and Landscape and Screening Guidelines. The proposed layout exceeds the minimum parking requirements for these uses. Only two spaces are required for the Take 5 Oil Change,while five are provided on Lease Lot A. Three spaces are required for Splash H2O Car Wash and nine are proposed.These nine spaces will accommodate the three required for the facility's single car wash bay and a single space for each employee on a maximum shift,which is anticipated to be six employees. Staff recommends Condition 9 in each Conditional Use Permit to address the excess proposed parking. The proposed plans also include two monument style signs. Section 905(b)(1) of the Zoning Ordinance permits one freestanding sign.To address this excess, Staff has recommended Conditions 8 and 5 of the two Conditional Use Permits to ensure only one freestanding sign be permitted and that all signage on site will need to conform to the Zoning Ordinance. The proposed uses will have no adverse effect on traffic in this area. As the site will be transitioning to a developed parcel,the number of average daily trips (ADT) will increase. It is estimated that 500 ADT are expected for the automatic Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 3 car wash facility and 120 ADT are expected for the oil change facility. Combined,this ADT count is less than the average for a parcel of this size zoned for B-2 Community Business. Current traffic counts also show that General Booth Boulevard is below its traffic capacity. Lastly,the applicant submitted a preliminary stormwater drainage analysis with these applications. Review of this preliminary concept indicates that it is likely that the development will be able to meet stormwater requirements for the Southern Rivers Watershed. While additional details will be finalized during site plan review, Staff believes the strategy as presented is reasonable and realistic. For these reasons, Staff is recommending approval of both these Conditional Use Permit requests subject to the following conditions and exhibits included in the report: Recommended Conditions Conditions for Conditional Use Permit for Automobile Repair Garage: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The design, size, and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "Take-5 Oil Change," dated June 30, 2022, and prepared by Ground-Up. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning& Community Development. 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 5. No motor vehicle repair work shall take place outside of the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no outdoor storage of equipment, parts,tires, or materials. 8. All on-site signage shall meet the requirements of the City Zoning Ordinance. One monument sign shall be permitted on the parcel.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 9. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 4 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 12. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. Conditions for Conditional Use Permit for Car Wash Facility: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The design, size, and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "Splash Car wash—General Booth," dated June 30, 2022, and prepared by Ionic Delign Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning&Community Development. 3. No window or outdoor advertising banners, pennants,streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 4. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance. One monument sign shall be permitted on the parcel.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 9. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. 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. Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 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. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of"Great Neighborhoods,"which are stable and sustainable, and supported by complementary non-residential uses. Enhancement of existing commercial centers is encouraged by the Comprehensive Plan through means of innovative products, services, and design provided to the neighborhoods in which they are located. Preserving neighborhood quality and characteristics requires non-residential uses to maintain or enhance the existing characteristics of surrounding areas. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed below. There are no historical or cultural resources present on this site. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction a car wash and an oil change facility. In addition to the buildings,this project will include associated parking areas and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows towards the existing storm sewer structures in the southern and eastern portions of the property. Stormwater runoff from the proposed buildings and surface parking lot will be collected into an underground storage facility that will treat for water quantity before discharging offsite. The purchase of offsite nutrient credits will be utilized for water quality pollutant load reduction requirements. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing calculations that demonstrate a reduction in post-development flow rates and has volunteered a condition that states all stormwater regulations will be complied with during final design. More detailed project stormwater information is listed below. Project Information Total project area: 1.54 acres Pre-Development impervious area:0.01 Acres Post-Development impervious area: 1.00 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%) and account for 1.5'SLR:Yes Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 6 Stormwater Management Facility Design Information Type of facility proposed: Underground Storage Facility Total storage volume provided in proposed stormwater management facilities: 26,850 cf Description of outfall: Stormwater runoff from the site that enters into the underground storage facility will discharge directly into an existing wet pond to the east of the property. Downstream conveyance path:This site is part of the Dam Neck Drainage Basin. Drainage from this site drains through the offsite wet pond into a large drainage ditch to the north, then to Redwing Lake,through Ashville Bridge Creek, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 1.81 lb/yr Method of treatment proposed: Offsite Nutrient Credits Stormwater Quantity Compliance Design Information 2-year storm peak flow rate comparison: Pre-development=4.88cfs/Post-development= 2.59cfs. 10-year storm peak flow rate comparison: Pre-development=7.54cfs/Post-development=3.91cfs. 100-year storm peak flow rate comparison: Pre-development= 12.62cfs/ Post-development=5.50cfs. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 37,3001 49,300 ADT 1 LOS 4"D„) Existing Zoning 2—793 ADT Proposed Land Use3—620 ADT 3-Average Daily Trips 2 as defined by a 1.44-acre B-2 3 as defined by 500 ADT for an 4 LOS=Level of Service zoned parcel automatic car wash facility and a 3- bay oil change facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this application is considered a six-lane major suburban arterial. The MTP proposes an eight-lane facility within a 190-foot wide right-of-way. There are currently no roadway CIP projects programmed for this segment of General Booth Boulevard Public Utility Impacts Water There is an existing 20-inch City water transmission main along General Booth Boulevard. One water service per parcel will be required and allowed. Sewer There is an existing 42-inch Hampton Roads Sanitation District sanitary sewer force main along General Booth Boulevard and an eight-inch City sanitary sewer gravity main located within a public utility easement at the rear of the site. One sanitary sewer service per parcel will be required and allowed. Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 7 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 8 Proposed Site Layout F o s §3 : u w st i• 2 u YS t P y S • I = pG gd� !` i y gys z' LI rt s 'q ' lit;d' : `U/ : oI. r, L. L ., . [ c I. 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I. ® ll ,...., ;I I 12 1 tlil Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 11 Site Photos ,-1.- SV -, ` it f f - ., y • !¢r em s-". a_ lik ') t3 f -b ti IS ..1,-„ ..t'rr,tr 7i p i 1' �, .�RI `T, +N. *^ — :,•r„i, _.-.:,;-;V-...1_,,...4-4,-/•:•'", ,4:-_.*.T.,:,To"' '.4 , ,e,....:-4- .h-Ev. ..-* ' ....,.. -, 7,,,,p0A--,..,._,,i7,,,z,..1.., , -.,...,. ..„,_,,, ;. ,..0. .„ ,..„ _ .. '. y:M L rt d�..�.1,'�,.f„.., r+}} 1:., _. .,,,,,_.,5:` " ;.441'�,rrnef ai,..,. 4 \1a+ty;^'`'-,1 •„,,,-a ..._, —;‘,,,, „,....:... ., , r� 0 oz.," ^ #4�' tx(�N ^am �i�" F2 - A.;1/4 e w• gl � � � Via titi} A r l.. .,s J l '*. , `� � i - � .-}L �: Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 12 Site Photos wigio • • • —yam r I rA ..a•.� .ti.?CP .C r t C • "if:-.;',7X ;--4- 7 , Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 13 Disclosure Statement DocuSign Envelope ID:0D25C4F6-05E5-4488-AF46-2EDFB60CIBOC isciosure Statement City of Vinyinin Brach Planning&Community Development slor 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 Take 5 Properties SPV,LLC (a Delaware limited liability company) Does the applic nt h ve a representative? 2 Yes ❑No • If yes,list the name of the representative. Jonathan Dozier(Pennoni Associates) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?2 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jonathan Fitzpatrick Scott O'Melia Tiffany Mason • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity1 relationship with the applicant. (Attach a list if necessary) Driven Brands,Inc. '"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. kevised 11.09.202C 1 I Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 14 Disclosure Statement DocuSign Envelope ID:OD25C4FE-05E5-44B8-AF46-2EDFB60C1BOC Disclosure Statement .. \43 c';r u;J t,nliruu a�,r, Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IZ 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?El Yes ❑ No • If yes,identify the firm and individual providing the service. Rogue Architects(Kim Iran)&Pennoni Associates(Sandy White) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I2:1 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 15 Disclosure Statement DocuSign Envelope ID:0025C4F6-05E5-4488-AF46-2EDFB60C1B0C isclosure Statem nt \113 City of i'itytmeStu.* 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 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. Pennoni Associates(Jonathan Dozier) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. Driven Brands Inc.Attorneys (in House attorney)(Tony Winchester) 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 w eks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Cake 5 Properties Sl'V l.Lt:,By:Scott O'Meli?,Secretary and Executive Vice President r—oocusrened by: Scoff (-'M dip Applicant Signature `—BA40A03F56604D6 Scott tY\Icha,Secretary and Executive Vice President Print Nam and Title August 22, 2022 Date Is the applicant also the owner of the subject property? ❑Yes ❑No • tf yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosur s must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pert ins to the applic tions No changes as of MI 09/27/2022 Signature /14 Print N me •ffzabeth Nowak 3l Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 16 Disclosure Statement Disclosure Statement City of Yupbuo Broth �,,,.,... 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 Bel Aire,LLC, Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. John Zaszewski;Timmons Group Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?U Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Cheryl P Mcleskey and William A Wilcox • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) see attached 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. i'.2 1 I , - Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 17 Disclosure Statement Disclosure Statement City of V'pi is Both Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 5-No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax re_tyrns provided in connection with the subject of the application or any business operating or to be operated on the property?101 Yes ❑ No • If yes,identify the firm and individual providing the service. Dixon Hughes 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. Eugene Thompson,Ionic Dezigns 5. Is there any other pending or proposed purchaser of the subject property?❑Yes G No • If yes,identify the purchaser and purchaser's service providers. 2 I i Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 18 Disclosure Statement Disclosure Statement ON o;['moose&o.l • Planning&Community Development 6. Does the applicant have a construction contractorra in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ict No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. John Zaszewski;Timmons Group 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?ifYes ❑No • If yes,identify the firm and individual providing the service. Kathryn P.McIntyre,Esq.Wilks,Alper,Harwood&McIntyre,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. Owner signature Print Name and Title Vv. Date Is the applicant also the owner of the subject property? I Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 10/03/2022 Signature a.6ez 49eud-a,‘ Print Name Eliza.- h Nowak 3 I P ci g e Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 19 Disclosure Statement 6/16/2022 5 19 PN' McLeskey&Associates,LLC Entitles(Companies) eo# name 01 Chery.P McLeskey-personnel 02 WASHINGTON SQUARE TOWNHOUSES,LLC 03 Bel-Aire LLC 04 Virgins Beach Fishing Center LLC 05 FWM RESIDENTIAL RENTAL PROPERTIES,LLC 06 2859 VBB,LLC 07 C9 Elizabeth City Development Company LLC 11 Elizabeth City Airport Industrial Perk Inc 12 LDSM Properties LLC 13 14 16 Mortons t3aye LLC 17 J&W Investors LLC 18 RADCLIFFE TOWNHOUSES,LLC 19 CepcoLLC 20 COLONY PINES APARTMENTS,LLC 21 Coastal Investors LLC 23 26 27 Norfolk Virginia Beach Airport LLC 29 2648 VBB,LLC 30 Lynnhaven Shopping Center,LLC(dba MerketSquare)-DN.20 31 Satellite A-Division 21 of Co.30(all included in Co 30) 32 Satellite B-Division 22 of Co 30 33 Riverwalk LLC 35 NEWTOWN CONVENIENCE CENTER,LLC 36 38 Front Street Investors I I 40 MGM Associates 41 Furberfax LLC 42 43 46 Lotsa4sa LLC Lois-alma LLC Lotsalisa LLC 49 52 53 AIR TACO,LLC 54 103,LLC 81 LAW-Pirate's Cove.LLC 82 428 Timberline,LLC 83 CPM Properties LLC 84 VBFC PROPERTIES,LLC 85 BAYLINER BUILDING.LLC 87 LITTLE NECK COMMERCIAL PROPERTY,LLC 66 90 McLeskey&Associates,LLC 91 SHORE DRIVE AREA PROPERTIES LLC 92 LYNNHAVEN AREA PROPERTIES,LLC 93 LITTLE CREEK ROAD PROPERTIES,LLC 94 RUDEE HEIGHTS PROPERTIES,LLC 73 F.Wayne McLeskey,Jr.,OTIP Marital Trust 74 FWM Memorial Marlin Open Inc. 75 The McLeskey Family Foundation,Inc. 76 The Cheryl P.McLeskey Charitable Foundation,Inc. Regency H hop Associates.LLP 55 Croupier l'.C 13 BA-GB.LLC New Dam Neck Assoicates.LLC(new in 2025) 60 CPM Properties II.LLC Splash Operations.LLC New Splash Management,t LC New Arctic Rentals LLC 34 2540 VBB,LLC(mewl 58 Air Walker LLC (new in Feb 2021) httpe-/mdeskey-my sharepoirtt.tarn/personallcsabol_mdeskcy_comtDocumentsIDocuments/Cindy excel/Company listing/Company Listing-Most Receni/Usting of company names and numbers-Updated May 22.xtsx5-1-22 Page 1 of 1 Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 20 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. Bel-Aire LLC, &Take 5 Properties SPV, LLC Agenda Items 12 & 13 Page 21 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Items # 12 & 13 Bel Aire, LLC & Take 5 Properties SPV, LLC, a Delaware Limited Liability Company (Applicants) Bel Aire, LLC (Property Owner) Conditional Use Permits (Car Wash Facility & Automobile Repair Garage) Address: 1552 General Booth Boulevard RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Thank you, Mr. Chairman. I understand we've closed the public hearing on agenda items 1 and 2, and we're going to move forward on the agenda, to agenda items 12 and 13. Agenda items 12 and 13, Bel Aire, LLC and Take Five Properties SPV, LLC. These are applications for Conditional Use Permits (Carwash Facility and Automobile Repair Garage) at 1552 General Booth Boulevard in Council District 5 formerly the Princess Anne District; would the applicant or the applicant's representative, please step to the podium and state your name please. Mr. Wood: For the record, my name is Chris Wood. I represent item #13 as both the applicant and the landowner. So, I am happy to answer the questions. Mr. Wall Alright, thank you. Mr. Dozier: Good afternoon commissioners. My name is Jonathan Dozier, I am with the Pennoni. I will be on the civil engineer on this project as well. I am here on behalf of Take 5 and I will be happy to answer any questions you all may have. Mr. Wall: Can you describe the application? Mr. Dozier: Yes, so this application will be for the development of a carwash and a Take 5 Oil Change. I'm only responsible more for the Take 5 portion which will be a lease of the parcel. The remaining portion of the parcel will be with the carwash. They're using the existing entrance that's located at the 7-Eleven on General Booth Boulevard as well as a connection to the access road to the west or east. The storm water management will be handled with the carwash and the master plan for the rest of the calendar. Mr. Wall: Alright, thank you. Are there any questions for the speaker? I do have a question and I am the one who brought this up, in looking at the different elevation views or just the different building facades in the area, you know I noticed that the banner, there is a lot of marketing and branding that goes along with these Take 5s, including the bright red banner that goes across. I felt that it would be an improvement in match, the surrounding businesses if that banner were no longer there, so I would like to add a condition to it. Mr. Dozier: Would be to the similar to the one at Laskin Road? Mr. Wall: Yes. Mr. Dozier: They are completely acceptable with having that modification. Mr. Wall: Okay, thank you, I appreciate that. Alright, seeing that there are no speakers; I am going to open the floor for discussion or to entertain a motion. Mr. Weiner: I know, we discussed this in our informal about the, I guess, like the stripe on it. personally have no problem with it. I don't think Staff would bring this in front of us if there wasn't something they've already evaluated. So, I'm personally fine with it, and I'm able to move forward with the way it looks right now. Mr. Wall: Anybody else? Mr. Weiner: If not, I will make a motion for approval. Mr. Wall: I will support that, but I'd like to make a motion with a condition that the banner be removed as part of this project's application. Mr. Weiner: You'd have to make a second motion because it my motion would be forwarded it as is. Mr. Bradley: I'd like to second Mr. Weiner's motion. Mr. Wall: Okay, alright. Then it will go forward without the banner. I mean go forward with the banner without the condition. Alright, we have a motion by Mr. Weiner, and a second by a Mr. Bradley. Madam Clerk: Vote is open. By recorded vote of 10 in favor, 0 against agenda items 12 and 13, have been recommended for approval with conditions as written. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS Conditions for Conditional Use Permit for Automobile Repair Garage: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Take-5 Oil Change," dated June 30, 2022, and prepared by Ground-Up. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 5. No motor vehicle repair work shall take place outside of the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no outdoor storage of equipment, parts, tires, or materials. 8. All on-site signage shall meet the requirements of the City Zoning Ordinance. One monument sign shall be permitted on the parcel. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 12. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. Conditions for Conditional Use Permit for Car Wash Facility: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Splash Car wash — General Booth," dated June 30, 2022, and prepared by Ionic DeZign Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 4. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance. One monument sign shall be permitted on the parcel. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 9. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. 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. OR OR 4th Street S Ye tjveet i0A� ( ,/ = 14 ' - ' 414C ; IS\ C.)/ / OR \\ \////JJk • OR3r e Iii_____-- / boo �-d--sf>-reet �1 3r OR 'RT3 Nam,\ r Site �, ���� Property Polygons Susan Limor -: �,�'''- �— p v yg 303 Atlantic Avenue, Unit 1005 S Zoning Building Feet 01530 60 90 120 150 180 ) (� wrrs Z ,{�j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUSAN LIMOR [Applicant & Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 303 Atlantic Avenue Unit 1005 (GPIN 24273224032120). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: October 18, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, Short Term Rental within the Dolphin Run Condominium. According to City records, the Dolphin Run condominium tower and parking garage were constructed in 1975, with approximately 110 units, many of which are occupied with transient lodging. 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 is not currently registered with the Commissioner of the Revenue as a Short Term Rental. There are not past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of September 27, 2022: • Conditional Use Permit Application Intake Date: July 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • There have been no documented stays nor have any lodging taxes been paid to the Commissioner of Revenue • Considerations: The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort-oriented uses at the Oceanfront Resort. 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 destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit. According to Section 2303 (b)(a)(ii) of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not Susan Limor Page 2 of 5 experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom, therefore only one parking space is required for the entire unit. 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. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with one abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1005 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. The dwelling unit shall comply with all required Fire and Building Code requirements. 4. 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. 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. Susan Limor Page 3 of 5 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. Susan Limor 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. Susan Limor 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 0 City Manager: /11-0 Applicant & Property Owner: Susan Limor Agenda Item Planning Commission Public Hearing: September 14, 2022 City Council District: District 5,formerly Beach 19 cit,„f Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 12tt d alceDove --k Approval ,n p(nawood Dove" � a.1�-_—t �r SvQet Staff Planner — * wit - -- Levi Anthony Luckenbach ___, _-- - pole/ t, Wet � pie , 7, 6th 1 os Location off I- y�Rg' et 303 Atlantic Avenue, Unit 1005 .. .- i .5. Art9'get4 ` GPIN i ,-- \ +-- 24273224032120 1 r�,a C�� ----A-- 0 J Site Size �t o 0.I 45,000 square feet r- .� y g' oe 1 , Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North . ,y r 4th Street (Connector Park) b''' s Y, `_ Multi-Family Dwellings/OR Oceanfront Resort s = - South , - i 3rd Street (Connector Park) 4 ^ �t" i- Hotel/OR Oceanfront Resort t '" . ‘. East y -1? .. Boardwalk ....,,,�# j; , � /; _• � Atlantic Ocean, Beach I. _, �`;� i� 1 West %' ,k. Atlantic Avenue =', .it Civic Use, Public Use/OR Oceanfront Resort k E ai V" , t' r F , � it ,A IA ( -„ t .k Susan Limor Agenda Item 19 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this two-bedroom unit, located within the Dolphin Run condominium tower, was constructed in 1975. • Staff inspected the site on August 15, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • There are no past violations for Short Term Rental use associated with this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not considered Grandfathered for such use. • The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. • Known Short Term Rental activity as of September 27, 2022: • Conditional Use Permit Application Intake Date:July 1, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Susan Limor Agenda Item 19 Page 2 Short Term Rentals in the Vicinity gEh SQee _ D r. G ,0 y 0 �r n, n :w 6 C 0 .. _`gip: �t t >v ,`` m 0 _ • Atli ,N. 1 ,11...,i400,.. todk it- k..... „,:i., sior tG ', `1 i ....„, _ t ,,, _ Short Tern Rentals } 1 CUP Status ( <� r 7 t t.- 1 UMW IMAM"Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 943 square-foot Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and Article 2303 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; historical exception made): 1 • Number of off-street parking spaces provided: 1 Susan Limor Agenda Item 19 Page 3 Zoning History # Request 1 CUP(Short Term Rental)Approved 08/16/2022 5 1 CUP(Short Term Rental)Approved 08/16/2022 OR 2 CUP(Short Term Rental)Approved 08/16/2022 ' 2 COA(Colocation of Antennas)Approved 02/20/2017 '"'Wet 3 NON(Enlargement of Nonconforming Use)Approved \ j 04/12/2005 6 NON(Enlargement of Nonconforming Use)Approved 1 '4 °%� 01/12/1993 OR ��A 4 CUP(Outdoor Recreation Facility)Approved 06/08/1999 i / s / oR ', j�j MDC(Modification of Conditions)Approved 02/14/1995 1:1i 0 � / . 4 STC(Street Closure)Approved 02/09/1993 4, MDC(Modification of Conditions)Approved 06/23/1992 \ oR CUP(Outdoor Recreation Facility)Approved 05/26/1992 4Ir 'L - CUP(Outdoor Recreation Facility)Approved 03/24/1992 tS REZ(B-5 to H-2)Approved 06/11/1984 5 CUP(Communication Tower)Approved 03/14/1995 6 REZ(B-5 to H-2)Approved 12/17/1984 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, 943 square-foot Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower, along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Being within the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is to be expected. 303 Atlantic Avenue, Unit 1404 was constructed in 1975.The unit shares the parcel with other condominium units in the building, several of which have received approvals for Short Term Rental Zoning Permits.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3rd Street Connector Park to the south, and Atlantic Avenue to the west.The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. 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 destination, affording a more walkable,vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit in the attached parking deck. According to City of Virginia Beach Ordinance, Appendix A,Article 23, Section 2303, (b),a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further,such properties are unable to provide the required parking on-site. For these condominium properties,the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Bases Code (ORDFBC).Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Susan Limor Agenda Item 19 Page 4 Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom,therefore only one parking space is required for the entire unit. 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 303 Atlantic Avenue, Unit 1005 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. The dwelling unit shall comply with all required Fire and Building Code requirements. 4. 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. 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. Susan Limor Agenda Item 19 Page 5 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. Susan Limor Agenda Item 19 Page 6 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 August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022, and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Susan Limor Agenda Item 19 Page 7 Site Layout & Parking Plan r uk y. .----.„,„.„,,,-. ,.„, . E. _ .___. . . ,. ,... ,._ . t , •i , viii • ti ' .. • S . . . \ ' , . ki 40 . . \\ ' .<1, y 111 — - -....r., . ,I. „,-4 \is t �,, j of ` % i v 0. f __' , . 0 : :0, . • t• ,_ 17, \ � s e+ r rj 'i 114 _ . _ . 0 \ 41',.: i ,i1, , .6.1 . , .„.--,-, , , , , \i,... , . \ - lc • \ cz -,0 ,,r ,,_ i ' It, ---i .12,,„ ,# 1 sio ,.„-., 1 , ,,,--,aP - SW1111...0 0 0 1 yliteitite. , i f:� ` � �� • - ' 'ram • -. •II° . im-,. 1;1 _. It, ,, . 1 1 w '" 1 .. 1s c %.-.. a. , tettg-ii ''., .1 II\ ,, .::,t 1 ,t ,,,,A, t \ It ea - ‘‘ 1 ' I • Assigned Space A17 in Parking d . _ Deck `e t N Li • Guest Parking Can 4 •i. Accommodate Second Space ''=1': - • Historical Exemption to 170 .- Requirements; Only One Space Needed t • _. .iiiiiilla 1 AIL ' \: . Susan Limor Agenda Item 19 Page 8 Site Photos __-. 7 1 - • %Ili !INNW • Ili. 7! OPP- imp _ • . ! pip • `eir I •• • :~ .I�'� g Fir • • . � f y our - • • • • _ Y 1 1 '�. • i , 3 ---5. Iliallillim i _ t ....., ,, ., isfessiiiii !laiiiisimi.. . -... ___ il ....................- 'st '# _i ._.. :____. _ i i R 1f i ;\ .` 1 / i 3 r. 11 D 1 1 a /'7t}$/i ;; ;1 N j f ; ' r- !i' I t w:. ,► , i I ir d .- r _ _ 41A- ,k 11111111amiLlim...._ Susan Limor Agenda Item 19 Page 9 Disclosure Statement Disclosure Statement \113 ca.JJV;..II.+«aedh Planning&Community Development. • The disclosures contained n this form are necessary to inform public officials who may vote m the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form 's 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 Susan Limor Applicant Name Does the applicant have a representative? D Yes X No • If yes, list the name of the representative. N(Aweti+.�••�..i �t. k.- fs the applicant a corporation,partnership,firm,business,trust or an unincorporated business? D Yes $) No • tf 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 Codc§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 n one entity is also a controlling owner n 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. IIPage Susan Limor Agenda Item 19 Page 10 Disclosure Statement Disclosure Statement NA3 Cny wfVurrnis Bends Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beath have an interest n the subject land or any proposed development contingent on the subject public action? D Yes E) 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 n connection with the subject of the application or any business operating or to be operated on the property?D Yes Q! No • If yes,identify the financial institutions providing the service. 2 Does the applicant have a real estate broker/agent/reaitor for current and anticipated future sales of the subject property? DYes X 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 n connection with the subject of the application or any business operating or to be operated on the property? Yes D No • If yes,identify the firm and individual providing the service. Garry Lewis,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided n connection with the subject of the application or any business operating or to be operated on the property? D 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? D Yes ®No • if yes,identify the purchaser and purchaser's service providers. 21Page Susan Limor Agenda Item 19 Page 11 Disclosure Statement Disclosure Statement 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? D Yes DR) • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent n connection with the subject of the application or any business operating or to be operated an the property? D Yes Pi 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 an the property? D Yes r) No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained h this Disdosure Statement Form is complete,true,and accurate. 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 Susan Umor Print Name and Me 11-12-2022 Date k the applicant also the owner of the subject property? D Yes X 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 PI inning Commission and City Council meeting that pertains to the applications X No changes as of 10/3/22 Signature V j Plot. . Brandon Hack -y 31Page Susan Limor Agenda Item 19 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. Susan Limor Agenda Item 19 Page 13 STR VICINITY MAP SUSAN LIMOR j\ \_\______ __----T-1. \V-\' .\ 'Igt10-,--? , c \ \ ', 'o ffd '-. .-\ \\\ -4 ----A 1\ et -. 4 •_I_ y I suit 0. . tn v ,-- ___,,,-\ ', / iAllili I, __\ _____ __L.:2-- i iHww _ _ r A .,, , --''' J^v Short Term Rentals '�. . 1 r O STR Permits �,.1, r �, CUP Status N-/ , ke • Approved t N WWII Denied - i t Under Review ��yt� �l Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 19 Susan Limor(Applicant& Property Owner) Conditional Use Permit (Short Term Rental) Address: 303 Atlantic Avenue, Unit 1005 RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: The next item #19, and that is short-rental at 303 Atlantic Avenue, Unit 1005. Is the representative here? Come forward please and state your name? Ms. Sadek: Naomi Elmore Sadek for Susan Limor. Mr. Alcaraz: You accept all the conditions? Ms. Sadek: Yes. Mr. Alcaraz: Thank you, please be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I ask Mr. Weiner again to read this item. Mr. Weiner: Thank you Sir. This is a Conditional Use Permit for a short-term rental at 303 Atlantic Avenue, Unit 1005. It is in OR district and it is placed on the consent agenda. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19,and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1005 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. The dwelling unit shall comply with all required Fire and Building Code requirements. 4. 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. 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. o 1 \ , �01 O R co �' OR .• , 00000.--011, \\ -,•• OR i \ Street \ 401h --------41h Str ee t OR 1 I.\ I : OR \ OR R7,5 /OR N Site /„j Property Polygons Thomas Cunningham „,-AY ,,�,ry'y O Zoning 4005 Atlantic Avenue, Unit 207 S Building iccimilliFeet 0 1530 60 90 120 150 180 rrWu t roses � .`, w..._. Z „ ____ .,› ct.,,,. 44: ,L,e...........!-#.; ..„.....::,,,_. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THOMAS CUNNINGHAM [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 207 (GPIN 24280514483890). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: October 18, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom, Short Term Rental within the Dolphin Run Condominium. According to City records, the Dolphin Run condominium tower and parking garage were constructed in 1975, with approximately 110 units, many of which are occupied with transient lodging. 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 is not currently registered with the Commissioner of the Revenue as a Short Term Rental. There are not past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of September 27, 2022: • Conditional Use Permit Application Intake Date: June 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: • Date Rental Listing First Advertised: May 12, 2014 • Rental Listing was removed July 19, 2022 • Documented stays with the Commissioner of Revenue • May 2022 — 3 • June 2022 - 18 • Considerations: Twelve 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. The subject property lies on Atlantic Avenue corridor, which serves as the main north- south connector, including Pacific 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 Thomas Cunningham Page 2 of 5 a Short Term Rental is consistent with this purpose. The unit would provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. There are two adjacent 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 (#23) in the adjacent parking lot, 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 Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Prior to the Planning Commission's public hearing in May, Letters of opposition were received about the request stating that Short Term Rentals increase crime in the area. • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 207, 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. 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 Thomas Cunningham Page 3 of 5 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. Thomas Cunningham 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. Thomas Cunningham Page 5 of 5 IN Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of March Planning Commission Hearing Letters of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 690 Submitting Department/Agency: Planning Department City Manager: IIIVB Applicant & Property Owner:Thomas Cunningham Agenda Item Public Hearing: September 14, 2022 City Council District District 6,formerly Beach 1. 8 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation .Btbsoe`` Approval o Say c� ♦6lh 5 tcet Ti a ,' 2 r � �� 0�� h Street Staff Planner " 4 h...c Brandon Hackney ca,,, Q , er Drive Location 4005 Atlantic Avenue, Unit 207 DaBw�°Road '7 , ,1 „,stet 5". GPIN `,,*6, .- 2428051448 ��'y@ rr Site Size .. i. 75d'street 14,500 square feet La: \& ( stre as vs Stn.‘ Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts r r North . • : a c, Multi-family dwellings/OR Oceanfront Resort A !. 41 South y. fir: �41, c f dii 40th Street (pedestrian beach access), hotel/ O:5ebdn1t Ocafr Resort ;, 4 , t , Public beach of the Atlantic Ocean/OR i. . : -• � _ '4 Oceanfront Resort7. West ' '. 14 Atlantic Ocean \'1, % _ r--'`—= AotnfSt.eet:, i Multi-family dwellings/OR Oceanfront Resort r� \___ e a li. ‘,1[L._..: t....... '.' 4 41°40 ...''''' Thomas Cunningham Agenda Item 18 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 (40tn 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. • Twelve 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 August 29, 2022: o Date Rental Listing First Advertised: May 12, 2014 o Conditional Use Permit Application Intake Date:June 1, 2022 o Rental Listing was removed July 19, 2022 o Documented stays with the Commissioner of Revenue • May 2022—3 • June 2022- 18 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISIONER OF THE REVENUE No June, 2022 Yes—Since 2019 Thomas Cunningham Agenda Item 18 Page 2 Short Term Rentals in the Vicinity f/ j1 - ;- :,,--- : % \ `sir. 4th-si.Teet. -�-\ , , -�► eat --s , '� % t. rd-: t. .�--. _ '\ #-,Iteet ' 2 6 kla ;ve;;'� } - a \ -'. \ \''., ''''ar,4 •;,.. --. ,.:--::(,-,, -,_•,--:.,,...,-.:-,„-,'.----,, , \jos \ ..:, ,\ ----e!.4.-21- -- itiii4- -Al-Iv"-:-1":::. ' ' ‘ lk,. \ii.,-----cr- 1 ,4,7,. --f'llq..--- . ',. .---, \ \ • -_-_-4--i----- 3' ' '..:\ .,.. \ 111 a. j�' '- Short Term Rentals 'ti G- '%; SIR Dermrts r -- - .T Y:!,- , —CUP Status ' 1 l` AFFroves I . ,'.`: ,_�' _ t` Denied {' Tel - • 1�..-.+ .. .` Lacer Re•rieer 1' `' SCeet • 36tir. `t• Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 and 2303 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 Thomas Cunningham Agenda Item 18 Page 3 IP •--,, ' * ,\ ,,, _, , Zoning History \ \fib # Request \\ S� oR 1 CUP(Short Term Rental)Approved 07/12/2022 \` �` ,` CUPCUP(ShortShort TermTerm Rental)Rental Approvedroved 08 06/07/2022252020 d—~ CUP(Short Term Rental)Approved 05/17/2022 �� /��j.� CUP(Short Term Rental)Approved 086/01/2022 �\ \ \\ . CUP(Short Term Rental)Approved 11/17/2020 ( )A pp / / 4ahs CUP(Short Term Rental)Approved 08/25/2020 r CUP(Short Term Rental)Approved 08/25/2020 s 1-----------\ \ CUP(Short Term Rental)Approved 08/25/2020 OR `'}J CUP(Short Term Rental)Approved 08/25/2020 1\ m —" \ \t CUP(Short Term Rental)Approved 02/04/2020 R CUP(Short Term Rental)Approved 02/04/2020 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance 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. Twelve 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 identified as#23 in the parking lot,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 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 207, 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. Thomas Cunningham Agenda Item 18 Page 4 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. • use by the Shor+Term Rental occupants at all time 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. Thomas Cunningham Agenda Item 18 Page 5 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. Thomas Cunningham Agenda Item 18 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Thomas Cunningham Agenda Item 18 Page 7 Site Layout & Parking Plan 111.1111111ertr- _ .... _ iii„_...- ipli..it ik ._- - ti - t _ _., 4°V , .rfeleir40-4 - - ,_ ___ _ _ , 4.-- „ ,., .0,.., _,Af.i.i'.., _ _ ` . „ _ _ . . , ...... _ ,.„ 14 11: \ # 4 f i -_,.„ 7- - 4* m3.1.***\ Assligne d Space # . * 4,„,re. . '\ \....... \mg. \Ps ‘ \,„.„.tr" `r r E Thomas Cunningham Agenda Item 18 Page 8 Site Photos ..... I . .., ,.. _ .,_,. ._ .„ kr -ItZilr - . VIII Mom i , ' - -, %:,_-,' 1 r-1,•,„: -.; _,....1.....44 . _ • , . ik • 1 :----1"'"41/P. ilijill'- iiii•aamaiwa....6.,--011 • _ ..... _ lim..-.... iiminir-soma..... --- -,.- _ ,,...-_--,---,„•_,,,,.. ......— - '01.11.111111immom• --........._„,, ., rt, • —_ • ./ ......„..........._ .-----. ..z•--z.- -.---,...-.•- , ------,-2- -z-t'.',:%-i--.--,,,-4;-:fi-',7--_- --,• - --::-.--'---Zi--:- ,-,--;-'-'.;:'--'"---- - -- - I i --"1.6. ------------- 13.-qiiiik' -,------''• -- -,,- -- -z- --I' ' I- --,-,.---.---:,- ' 1 ri '' •• -,,r 77-- -. ,....7 :::" tr '•' ,,I, ' __ ., . ' \';',.. -7."- .:,.. ' .--- ,.. - - — ,,,,.. '—'77,-:..- . :I=.•. ••---- ,--;:---' - 'e,,,,- - -.41-:-Slik,"1'....'-'-'-1'. ',Eiiiiiffi ,L' , , .. - . .,,,-..-, _ ,.:,_ . -. -.- _ •, ',.1.,_f___.- •"tr.- .•. -.._...: , :,;.:),-;/ , : ,- .• Iv.: -..--4-4,,c, ,.._ „,,,„-....,,,,,, ------ c •:-..-..-..,-r*-----, ' ' ---- .- - ‘ . . _. . . . ----,- , - , -,. • ' . '... \ ''', , '"- . ., , ',. I.. \ Thomas Cunningham Agenda Item 18 Page 9 Site Photos 1-411\ik 1/44i111104,: 'Zialy4siipssik ,._ .., __ _ %1111ki., , �` ' . . ''' '1 'i 1.111.1.Pt ' i lit ' %Ib' -i• 1141111146111Sak - _- - x'..I'-'7:t.:1; '1!- # )1 1 11-ALT'--' ' litilli.,s ='' ' . -"' , 'MOM lir • it- .m '�J .`' : i. .'.L -fir - - 1 t - Thomas Cunningham Agenda Item 18 Page 10 Disclosure Statement ALftmlissen IC:4060 463.9CE2-EC,.,43656 SO,A:568E25 Disclosure Statement (Wu of Viryura Revd: Planning&Communi 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 Thomas Cunningham 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?El Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Thomas Cunningham Agenda Item 18 Page 11 Disclosure Statement A.,Mwnosgn p,.0e4F4(611E2�C„ Disclosu�� restatement Niri3 cl!u of Vr,y,naa Be, Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes QNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes VO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes [ • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Thomas Cunningham Agenda Item 18 Page 12 Disclosure Statement 0.4064F 463..9CE2-E C 11-6666-5O1 AC563E25 Disclosure Statement N/13 t,„„ Virzi:mu Brach Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ThOnu4 Clihh./111 h Applicant Signature Thomas Cunningham Print Name and Title 06/02/22 Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pert�'.ns to the applications No changes as of Date 10/3/22 Signature Ap wig Prf' rt1e Brandon Hackney Revised 11.09.2020 3 I - Thomas Cunningham Agenda Item 18 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Thomas Cunningham Agenda Item 18 Page 14 __ _r Q = ter _f--_-' _ _ — 7 -1 \ . .1 e.,CP . \---- f _�- _ r tl - ,z ' lam , - + --1_. .1 _ a r r ..),/..1/4,;,;,;..;.;‘,.z..........................., , . , . v) = ..L;11.1r-1.__-A, r _ , i , _ J' , Ll'''1--^d A '''...".? 1 II , . ---%-.'Te-711 ,\\* y►�'-_ may,y/__•ri �1-•*". "i.".,•' ..:0 i • ., e , --0 .......i t _ `SiF 1 =-" 1 ' �•J'-I I r=. _ I 1 - J —ce 1 SI 1�•_ { '. _ _-, li.-.I C_i 5� .t r :} C \ W ___-.A, , . ,IL----- v . la cti re a p ! ? • • 11 ,Ns0 > " t Xr''' ,,,- (5) 71 VT %'- Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 18 Thomas Cunningham (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 4005 Atlantic Avenue, Unit 207 RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: The next item is item #18 for a short-term rental, 4005 Atlantic Avenue Unit 207, is there a representative available? Please state your name for the record. Mr. Cunningham: Thomas Cunningham. Mr. Alcaraz: You accept the conditions? Mr. Cunningham: Yes. Mr. Alcaraz: Thank you, you may be seated. Is there any opposition to this item being on the Consent Agenda? Hearing none, I will have Mr. Weiner read this. Mr. Weiner: Thank you, Mr. Alcaraz. This is a request for a short-term rental 4005 Atlantic Avenue, Unit 207 in OR district, and we have placed this on the consent agenda. Mr. Alcaraz: Item #18, condition #4, they are striking there, which does need to have any additional parking. Extra parking is not needed, we are striking condition 4. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19,and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 207, 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. 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. Short Term Rental of 4005 Atlantic Av, Unit 207 CL Charlene Leahy <cwleahy@gmail.com> MINIM 111 To Brandon M. Hackney Wed 9/7 • If there are problems with how this message is displayed,click here to view it in a web browser. 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 or Madam, I am writing to protest the application made by Thomas Cunningham to allow for a Short Term Rental for Unit 207 at 4005 Atlantic Avenue. There are multiple options for short and long term rentals already in the area with hotels, suites,time shares and condos without adding additional short term rentals. Without management on site, those owners in the adjacent properties have no immediate remedy for renters who are disruptive or breaking the law or Virginia Beach noise codes, etc. The area at the north end of the beach does not have the crime that has affected some other areas, and we would like to keep it that way. Please deny his request, and all other requests from purchasers of property who primarily want to rent it out via AirBNB and other similar sites. Thank you for your attention to this matter. Charlene Leahy A 1-2 eet 2/thA36 S r '0 t , 0 Scree � ��2?th ; et O R street \ 2�ths 1 TP , 0 , 4 CD OR \ _ , 0 1 �a • scree..__ 260 ��1 A120 c), 0 _--------- '\, \ \ 1 4. OR \ cti.i ' \O___ _Scree N26tb OR 4 ------------ 0 ci) - ', 0 0C111\2 . issill -...a i III 111 a I. n , ,i r A Site \\,•,4am,\ Property Polygons Greg Zi n is `J' is 0 Zoning 304 26th 1/2 Street, Unit B s Building Feet 0 1020 40 60 80 100 120 ,;), 4ii cW.�1v/J a CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: GREG ZINIS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 26th 1/2 Street, Unit B (GPIN 24280055430002). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: October 18, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a four-bedroom, 1,984 square-foot Short Term Rental in a duplex residential dwelling unit fronting the 26th '/2 Street alleyway, on a city block between Pacific Avenue and Arctic Avenue. 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 is not currently registered with the Commissioner of the Revenue as a Short Term Rental. There are not past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of September 27, 2022: • Conditional Use Permit Application Intake Date: July 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • There have been no documented stays nor have any lodging taxes been paid to the Commissioner of Revenue • Considerations: The subject property is adjacent to the Oceanfront Corridor along Atlantic Avenue and Pacific Avenue, which includes the most prominent frontage of resort-oriented uses at the Oceanfront Resort. 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 destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental fosters this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. The applicant informed staff that there is a deed restriction on the property that prevents the use of the dwelling as a Short Term Rental unless all other Condominium Association property owners agree to such a use. The applicant has obtained verification from the owner of the attached duplex unit to the east, which is the only other dwelling unit under the authority of said Condominium Association, that the proposed use Greg Zinis Page 2 of 5 is agreeable. One of the required parking spaces can be accommodated by the attached private garage, while the additional three spaces will be leased off-site in the 25th Street Garage on an annual basis. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 304 26th 1/2 Street, Unit B 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. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Three additional parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 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 Greg Zinis Page 3 of 5 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. Greg Zinis 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 Statements Location Map STR Vicinity Map Minutes of March Planning Commission Hearing Letters of Support (2) Greg Zinis Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: Applicant & Property Owner: Greg Zinis Agenda Item Planning Commission Public Hearing: September 14, 2022 City Council District: District 6,formerly Beach 20 cittt of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,� r` ` Approval Staff Planner '}sk Rpad Levi Anthony Luckenbach pan"s`eet mot"str y, \- Location z,"5"e� 304 26th 1/2 Street, Unit BStr p`"s" as �9` tn2c Nau� QQh-rest t GPIN 4' ;, 2sih►ia``�` red '� q toSt 24280055430002 �C-- �, � — meet Site Size v,svee`vAao i etee 2,500 square feet �`z 2yd5VNattgtce� N �Nd22�d S�Qeet � r tsts et a St Ham tte .nPt Existing Land Use and Zoning District Duplex Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts 210 street - • `� North ,# � Multi-Family Dwellings/OR Oceanfront Resort '• ` : ' i South I 26th 1/2 Street '� I dl ti Ai Duplex Dwellings, Single-Family Dwellings/OR - 41: ‘! % a Ai 1 ` Oceanfront Resort - � �• ‘ .,,,...- ik East i '.i... • • \ '-' 8 '%\ . -' Commercial Retail/OR Oceanfront Resort f- t f West Single-Family Dwellings/A-12 Apartment ,_ ; " 4 4 14r...1' - \ 1 26,h00 street 1 Greg Zinis Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,500 square-foot lot is zoned OR Oceanfront Resort. • According to City records, this four-bedroom duplex unit was constructed in 2010. • Staff inspected the site on August 15, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 26th 1/2 Street. • There are no past violations for Short Term Rental use associated with this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not considered Grandfathered for such use. • The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. • Known Short Term Rental activity as of August 29, 2022: • Conditional Use Permit Application Intake Date:July 1, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Greg Zinis Agenda Item 20 Page 2 Short Term Rentals in the Vicinity - ri.ri-`a=- 1 -------A \ ' 4.---- .....4._ /-----\ / = r e _- c4-251e \ 4r---- 1 (______Iii , ' . -Stili,c\--i:•\ ---\ 136� * 1t1 : IV ,______ .. ii 11 \E , 1-'. bC e s f 1Ar- p 1 ��ma ttt11"11` ' h -- ►.\ 'Short Term Rentals+� -�`� t CUP!taus *iii h'- j • De.ems I .A h s tEII A-t e_ f 1 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a four-bedroom, 1,984 square-foot Short Term Rental in a duplex dwelling unit on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 and Article 2303 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 (1 space within garage, 3 spaces off-site) Greg Zinis Agenda Item 20 Page 3 Dow.' Zoning History 1101OR # Request 1 NON(Enlargement of Nonconforming Use) Denied A' , 02/14/2006 2 NON(Replacement of Nonconforming Use)Approved 10/26/2004 NON(Reconstruction of Nonconformity)Approved 06/11/2002 3 NON(Construction of Nonconforming Use)Approved 3 OR 03/24/2004 A•12 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, 1,984 square-foot Short Term Rental in a duplex residential dwelling unit fronting the 26th%2 Street alleyway, on a city block between Pacific Avenue and Arctic Avenue. 304 26th Street, Unit B was constructed in 2010. Conditions included requirements for the building form and architectural finishes to be compatible with the coastal vibe of the Oceanfront Resort, which largely aligns with the current Oceanfront Resort Form-Based Code Design Guidelines. Zoned OR Oceanfront Resort and being within the Oceanfront Resort Short Term Rental Overlay District,the Short Term Rental use is well-suited to the area.The surrounding area is a mixture of residential dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The applicant informed staff that there is a deed restriction on the property that prevents the use of the dwelling as a Short Term Rental unless all other Condominium Association property owners agree to such a use. The applicant has obtained verification from the owner of the attached duplex unit to the east,which is the only other dwelling unit under the authority of said Condominium Association,that the proposed use is agreeable. The subject property is adjacent to the Oceanfront Corridor along Atlantic Avenue and Pacific Avenue, which includes the most prominent frontage of resort-oriented uses at the Oceanfront Resort. 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 destination, affording a more walkable,vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental fosters this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. One of the required parking spaces can be accommodated by the attached private garage,while the additional three spaces will be leased off-site in the 25th Street Garage on an annual basis. Staff received two letters of support; one from the owner of the adjacent duplex unit, 304 26th'A Street, Unit A, and one from the neighbor across the street. 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. Greg Zinis Agenda Item 20 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 26th 1/2 Street, Unit B 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. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Three additional parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 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. Greg Zinis Agenda Item 20 Page 5 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. Greg Zinis Agenda Item 20 Page 6 Public Outreach Information Planning Commission • Staff received two letters of support; one from the owner of the adjacent duplex unit, 304 26th%2 Street, Unit A, and one from the neighbor across the street. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022, and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 2, 2022 and October 9, 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 October 3, 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 October 14, 2022. Greg Zinis Agenda Item 20 Page 7 Site Layout & Parking Plan r �- ! • ' f 304-A 304-8 l 304C • One Parking Space in Attached Private Garage • Three Parking Spaces Leased Off-Site Greg Zinis Agenda Item 20 Page 8 Site Photos , ill: Hill tit •.\��� ! - .. "f .-„,,, cp -f' - -. t IllirF-- , 1 >a, I - F _ t ., Vil 'Elite SR2 Insurance • 1 1 "- Yin • 1 e`" 26 A 2;51' i. L 3 i 4'x . 1, ` '' Greg Zinis Agenda Item 20 Page 9 Disclosure Statement Disclosure Statement 'NB !Sty ifVirgil., ..�„ 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 f'G o -i41 J Does the applicant have a representative? ❑Yes a No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes L '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"Affikated 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,(li)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. 1 I P a P Greg Zinis Agenda Item 20 Page 10 Disclosure Statement Disclosure Statement 113 Lig a/Vn ram bad Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beas.k.hove an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing 1 nnection with the subject of the application or any business operating or to be operated on the property? 0 Yes No • If yes,identify the financial institutions providing the serice. 2. Does the apppiicanhave a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes tla'No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and jor preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?L7Yes ❑ No `aNMA k-dike • If yes,identify the firm and individ,l providing the seryir.. Z XP f ft of `� i'r 13'LTerz[nA ! �bp v1 G K2f`�q it / jj rl/t _ 4. Does the applicant have services from an architect/landscape architect/land planner provid m connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?0 Yes E1 No • If yes,identify the purchaser and purchaser's service providers. Wage Greg Zinis Agenda Item 20 Page 11 Disclosure Statement Disclosure Statement 1/13 Planning&Community „ - Development 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 Z.-hhoo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes io • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in co ction with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 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. Applican lgnature i-e A^,~1 Print Name e Date Is the applicant also the owner of the subject property? e5 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning'.ommission and City Council meeting that pertains to the applications it j no changes as of Date 10/3/22 98.114"e 711 Ill war ►n"cn.o. : an•on Hackney Wage Wage Greg Zinis Agenda Item 20 Page 12 Disclosure Statement i Conditional Use Permit —Short Term Rental Nfiri3 .z. - _--- a+ t+_' y c rd11i'i I'{a y yi C - y Irli [rxl tIonil Vss hermit f la Re*suatlon with the Comnti*usioner of(ter oe7 alesallo Date-If applicable] Li typr of structure(s e f y,4vpeex.etc.) --- J Piwnber of bedraorM in erne:_, Parkin'requirement II space Per bedreeinl s of spaces prwtde0:._..-,PI i raquirtddn:WesON° O maximum Occuokoct(3 tenons pet btdraom1: -__ O turbo of rentals per Stvtn day period: O Proof of Insurance 1$1.000.030 Xitixtit • Si.varnany od appicabie code sectia+s receowed And sail be posed. O 'mote detedtees sex,Carbon Monoxide or%Id Makable)Ilrxt/ied. Q sir pastes art sometime?tries OHO Sue:ht applicable),..._ �.-- %yaw o+arlde wry golational Inforniatiors resoreNng the operation of the proQertyt a*a shoot IenT'nay i____„.__ r, l� t. J;_ -F* I �, I *!Wt Cf ATIFE THAT THE INFORMAT101s MO TT IS TRUE AND COMKT.,IW L U Nos I ISSTAN O THAT THIS ZifILRANT SHALL NOTION Uff T MNON TO IUOV f MR1 R 1.2st 19. r- • l r+q Owner or fiepntsent+RMp eceig-4 e "wads, siren wr of CONRO/Co-OWIMr d 14,Or i? GlA+'it F a _. l , I, • r ., Greg Zinis Agenda Item 20 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Greg Zinis Agenda Item 20 Page 14 n S I . lam_ J V t _-_- .-• -.\ r. a. -Ai.'3§- \,\ :1/40511 1-'7-1 %IA . i. . , • tkpitOk....• ::\,.. -- , _ , k .. \ a \ \ to.— ... ..`--- - '. 'I — 8'%--- '-\.. 13)\ 11 . 1 t . ,,, ,,n . .,. . — NJ \ tr -- ..3------ .: Or ___to i.\ \ . 110 U -cam'-' ,, 0 I 0 �' 'CA::'''''' • CC 4.1f1 "r= �\ w I'1 ..____45_____ ..\(,1\ '0 .„-c.6 * _ 1 l` ram' ` 2--=' ..-- c 0111111 0111 \ t%\\ yogi' '' 5. - IIf ‘ c 1 �1 -_ III ,,,-%10 -- \ 1 III \VII 743 I Po\ pi 1011111110AS --' C2 ' 5 -4 ta S 01011 i., jili, __,------------ 0 r • , • • ( ) 7 777t ``�������� _ y . r L } 1 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 20 Greg Zinis (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 304 26th '/2 Street, Unit B RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: The last item on the consent agenda is item #20 or short-term rental at 304 26 '/2 Street, Unit B. Representative please come forward. Just state your name for the record. Mr. Zinis: My name is Greg Zinis. Mr. Alcaraz: Do you accept the conditions? Mr. Zinis: Yes. Mr. Alcaraz: Thank you, you may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Mr. Weiner again. Mr. Weiner: Thank you, Mr. Alcaraz. This is a Conditional Use Permit for a short-term rental at 304 26th'/2 Street, Unit B, which is also in the OR district, and we have placed this on the consent agenda? Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19,and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 26th 1/2 Street, Unit B 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. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Three additional parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 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. Levi A. Luckenbach From: Levi A. Luckenbach Sent: Friday,August 26, 2022 9:57 AM To: Levi A. Luckenbach Subject: FW: Greg Zinis Letter of Support RE: EXTERNAL: Short-term rental approval Inbox R Ronald Shriver 1:; to me t Greg, I support and give permission for making 304 26 1/2 Street, Unit B a short term rental. Sincerely, Ronald Shriver 304 26 1/2 Street, Unit A Virginia Beach, VA, 23451 757-572-5657 (mobile) 1 Greg Zinis <gregzinis@gmail.com> Thu, Aug 25, 1 :20 PM (5 days ago) I to JenniferNeeds@live.com Greg Zinis 3424 Pleasant Ave, Norfolk, Va 23451 Jennifer Needs 303 26 1/2 st Virginia Beach, Va 23451 Re: Support for converting rental property to short-term rental unit August 25, 2022 Hi Jennifer, The city said I can accept email for gathering communications of support from neighbors for making my unit a short term rental. Do you support and give me permission for making my condominium at 304 26 1/2 st Unit B Virginia Beach, Virginia 23451 a short-term rental? Please respond yes or no Thank you, Greg Zinis Jennifer Needs Fri, Aug 26, 9:44 AM (4 days ago) to me Greg, Yes I do. Not only do I support you making your unit a STR, I encourage it. With the location right off of Pacific and in the heart of the resort district; this is an ideal spot for STR's. Please let me know if I can be of further assistance in this matter. My best, Jennifer L. Needs Senior Acquisition Agent DOYLE LAND SERVICES, INC. PO Box 1208 Colonial Heights, VA 23834 (804) 451 -9452 Office (989) 975-9089 Cell JenniferNeeds@live.com www.doyleland.com - I M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY 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.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=ef046a29b37c6fd8cbel d442f3ee08233 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 18, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/04/2022 PAGE: I B E AGENDA R I I ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I 0 C A DNC I MOO L O C N Y L 0 L OUWS T HCEEME S S EOE I H R YBS S ER N N CITY COUNCIL'S BRIEFING A. INDEPENDENT CITIZEN REVIEW Regina S.Hilliard, BOARD(ICRB)UPDATE Director—Human Resources (Requested by Council Member Wooten) Roderick R.Ingram, Deputy City Attorney II. CITY MANAGER'S BRIEFING A. VIRGINIA BEACH POLICE DEPARTMEN Chief Paul E.Neudigate UPDATE —Police III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV- CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VII SESSION A-E F. MINUTES 1. INFORMAL / FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y YAY Y Y September 20,2022 B S T A N E D 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y YAY Y Y September 27,2022 B S T A N E D G. RESOLUTION IN MEMORIAM Rosa Blanco Cely Diaz, Filipino Women's Club of Tidewater—President,accepting H. PUBLIC HEARING 1. ACQUISITION,BY AGREEMENT 1 SPEAKER OR CONDEMNATION Construct a City Pump Station re Euclid Place ADD Ordinance to CONFIRM the Declaration of ADDED 11-0 Y Y Y Y Y Y YYY Y Y ON a Local Emergency due re remnants of Hurricane Ian CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/04/2022 PAGE: 2 B E AGENDA R if ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R 1 1 O C ADNC I MOO L O C N Y L 0 L OUWS T HCEEME S S EOF I H R YBS SERNN J.1. Ordinance to AMEND City Code Section ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y 2-459 re composition of the Human CONSENT Rights Commission(Requested by Council Member Berlucchi) J.2. Ordinance to AMEND City Code Section ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y 21-230 re traffic calming at Broad Bay CONSENT between North Great Neck and Lone Pine Roads J.3. Resolution to ADD an additional three(3) ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y members re Process Improvement CONSENT Steering Committee (Requested by City Council) J.4. Ordinance to AWARD a $5,000 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Services Micro-Grant to Road Show Alliance Suicide Prevention re financial assistance towards the"My Life Matters"musical(Requested by Council Member Berlucchi) J.5. Ordinance to AUTHORIZE the provision ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of streaming services re Council Member CONSENT Miles'Bayside Town Hall on November 29, 2022 (Requested by Council Member Miles) J.6. Ordinance to APPROPRIATE$1-Million ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y from Parks and Recreation Special Revenue CONSENT Fund to Capital Project #100127 "Community Recreation Centers Repairs and Renovations" re support ongoing maintenance needs J.7. Ordinance to APPROPRIATE$1-Million DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y from the redirection of previously OCTOBER 18,2022, appropriated American Rescue Plan Act BY CONSENT (ARPA) funding to the Virginia Beach Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council Member Branch) J.8. Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y $398,864 from Department of Homeland CONSENT Security to the FY 2022-23 Fire Department Operating Budget and provide a local match of$39,886 re overtime costs associated paramedic training J.9. Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y $65,000 from the Office of Executive CONSENT Secretary of the Supreme Court of Virginia to the FY 2022-23 Commonwealth Attorney Operating Budget and AUTHORIZE local match(25%provided by Human Services Department in-kind resources) re adult drug treatment court program CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/04/2022 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I 0 C A DNC I MOO L O C N Y L O L OUWS T HCEEME S S EOF I H R YBS S ER N N J.10. Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y $289,516 from the Virginia Department of CONSENT Behavioral Health and Departmental Services (DBHDS) to the FY 2022-23 Human Services Operating Budget and ESTABLISH two(2)full-time positions re expansion of services related to STEP-VA J.1 1. Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y $20,000 from the Virginia Beach CONSENT Department of Behavioral Health and Departmental Services (DBHDS) to FY 2022-23 Human Services Operating Budget re support problem gambling prevention services J.12. Ordinance to TRANSFER $1,360,000 DEFERRED 11-0 Y Y Y Y Y Y YYYY Y from Capital Project#100264"Lynnhaven INDEFINITELY River Watershed Water Quality Projects II" to Capital Projects #100472 "Water Quality Cost Participation Project II" re allow the City to negotiate and execute cost participation agreement J.13. Ordinance to CONFIRM the Declaration ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y ADD of a Local Emergency due re remnants of CONSENT ON Hurricane Ian K. APPOINTMENTS RESCHEDULED BYCO N S E N S U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSIO BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/04/2022 PAGE: 4 B AGENDA R IJ ITEM# SUBJECT MOTION VOTE L B II () W W U R E L M R T I 0 C A DNC I MOO L O C N Y L O 1_ OUWS T HCEEME S S EOE I H R YBS SERNN ACTIVE TRANSPORTATION APPOINTED: 11-0 Y Y Y Y Y Y YYY Y Y ADVISORY COMMITTEE Christopher Williams 3 Year Tenn 10/04/2022-09/30/2025 HEALTH SERVICES ADVISORY APPOINTED: 11-0 Y Y Y Y Y Y YYY Y Y BOARD Dr.B.Theron Williams Unexpired Term thru 03/31/2023 +3 Year Term 04/01/2023-03/31/2026 OPEN SPACE ADVISORY APPOINTED: 11-0 Y Y Y Y Y Y YYY Y Y COMMITTEE Richard Bowie Unexpired thru 12/31/2023 Francis Drumm William Fleming Jarrod Katzer 3 Year Term 10/04/2022- 10/31/2025 PARKS AND RECREATION APPOINTED: 11-0 Y Y Y Y Y Y YYY Y Y COMMISSION Tyler Couillard— Representing Student Member 1 Year Term 10/04/2022-09/30/2023 Quinn Zelinski— Representing Student Member 2 Year Term 10/04/2022-09/30/2024 PUBLIC LIBRARY BOARD APPOINTED: 11-0 Y Y Y Y Y Y YYY Y Y Annakristina Oroche— Representing Student Member 2 Year Term 10/04/2022-09/30/2024 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:42 PM OPEN DIALOGUE 5 SPEAKERS 7:01 PM