HomeMy WebLinkAbout10-1-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR ROBERT M. "BOBBY"DYER,At Large G�NIA•BEq
VICE MAYOR ROSEMARY WILSON-District 5 �¢ `� C�
MICHAEL F.BERLUCCHI-District 3 0
BARBARA M.HENLEY-District 2 Z
DAVID HUTCHESON-District I U S
ROBERT W "WORTH"REMICK-District 6 � -
DR.AMELIA N.ROSS-HAMMOND-District 4
JENNIFER ROUSE-District 10 a .
JOASHUA F. "JOASH"SCHULMAN-District 9
OF OUR N.ZUS
CHRIS TAYLOR-District 8
SABRINA D. WOOTEN-District 7
CITYHALL BUILDING I
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITY MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456
CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(75 7)385-4303
CITYASSESSOR-SUE CUNNINGHAM FAX(757)385-5669
CITYAVDITOR-LYNDONS.REMIAS October 1, 2024 EMAIL:CITYCOUNCIL@VBGOV.COM
CITY CLERK-AMANDA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PNI
A. VB THRIVE UPDATE
Mark Uren, CEO -United Way of South Hampton Roads
(Requested by Vice-Mayor Wilson and Councilmembers Berlucchi & Remick)
B. BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 1:30 PM
Kathy Warren, Director, Planning
Kevin Kemp,Zoning Administrator, Planning
(Requested by Mayor Dyer and Councilmembers Henley&Taylor)
C. DIRECTION ON ITA STUDY/PASSIVE RECREATION 2:00 PM
Michael Kirschman, Director, Parks &Rec
Chad Morris,Planning Design&Development Administrator, Parks & Rec
D. 2025 DRAFT LEGISLATIVE AGENDA 2:45 PM
Brent McKenzie, Legislative Affairs Director
II. CITY COUNCIL LIAISON REPORTS 3:15 PM
III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:30 PM
IV. CITY COUNCIL AGENDA REVIEW 3:45 PM
V. INFORMAL SESSION - Conference Room- 4:00 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL AND FORMAL SESSIONS September 17, 2024
2. FORMAL SESSION September 24,2024
H. MAYOR'S PRESENTATIONS
I. HISPANIC HERITAGE MONTH 2O24
Patricia Bracknell -Founder/CEO Chamber for Hispanic Progress
Monica Nieves-Pestana- Community Engagement Director, Chamber for Hispanic Progress
Ursula De la Luna-Treasurer Chamber for Hispanic Progress
Carmen Sermini- Secretary Chamber for Hispanic Progress
Ana Williams- Education Director, Chamber for Hispanic Progress
2. NATIONAL ARTS and HUMANITIES MONTH
Dr. Cynthia Romero, Chair of the Virginia Beach Arts&Humanities Commission
3. NATIONAL BREAST CANCER AWARENESS MONTH
I. FORMAL SESSION AGENDA
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Resolution to DIRECT the City Manager to provide additional medical screenings re public
safety personnel (Requested by City Council)
2. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of
temporary and permanent easements,either by agreement or condemnation re Robinson Road
Improvements Project, CIP 100347.032
3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP)
easement from David W. Heafner, Jr. (152.96 +/- acres), the issuance by the City of its
contracts obligations in the maximum principal amount of$1,171,582,and TRANSFER funds
to purchase U.S. Treasury Strips
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Management Agreement with
Hometown Sports Management, LLC, re the operation and management of the Sportsplex
and Field Hockey Complex
5. Resolution to formally RE-ADOPT the Virginia Beach Emergency Operations Plan (EOP)
6. Ordinance to ACCEPT and APPROPRIATE $3.5-Million from the Virginia Department of
Transportation State of Good Repair/Primary Extension Program to Capital Project#100401,
"Street Reconstruction II" re road paving projects
7. Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2024-25 Commonwealth
Attorney Operating Budget re purchase supplies and support the operation of Drug
Treatment Court
K. PLANNING
1. ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from AG-1 Agricultural to
Conditional R-10 Residential re develop a ten (10) lot single-family subdivision West of
Bluegrass Lane& East of 2044 Aloma Drive DISTRICT 2 (Deferred from July 9, 2024)
RECOMMENDATION: STAFF—DENIAL
PLANNING COMMISSION - APPROVAL
L. APPOINTMENTS
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP
URBAN AGRICULTURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
��9c9c*9e9c9e*4t*9c4c9t�x-1:;F k k kr,k
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
The Agenda(including all backup documents) is available at https:Hclerk.virginiabeach. og v/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 TCheliusa b og v.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/weblink/register/r3 f8585 85a5b594306952d3 eO7c4652b5
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
October 1, 2024.
I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM
A. VB THRIVE UPDATE
Mark Uren, CEO - United Way of South Hampton Roads
(Requested by Vice-Mayor Wilson and Councilmembers Berlucchi & Remick)
B. BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 1:30 PM
Kathy Warren, Director, Planning
Kevin Kemp, Zoning Administrator, Planning
(Requested by Mayor Dyer and Councilmembers Henley& Taylor)
C. DIRECTION ON ITA STUDY/PASSIVE RECREATION 2:00 PM
Michael Kirschman, Director, Parks & Rec
Chad Morris, Planning Design & Development Administrator, Parks & Rec
D. 2025 DRAFT LEGISLATIVE AGENDA 2:45 PM
Brent McKenzie, Legislative Affairs Director
II. CITY COUNCIL LIAISON REPORTS 3:15 PM
III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:30 PM
IV. CITY COUNCIL AGENDA REVIEW 3:45 PM
V. INFORMAL SESSION - Conference Room- 4:00 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer
B. INVOCATION
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL AND FORMAL SESSIONS September 17, 2024
2. FORMAL SESSION September 24, 2024
H. MAYOR'S PRESENTATIONS
1. HISPANIC HERITAGE MONTH 2O24
Patricia Bracknell - Founder/CEO Chamber for Hispanic Progress
Monica Nieves-Pestana- Community Engagement Director, Chamber for Hispanic Progress
Ursula De la Luna- Treasurer Chamber for Hispanic Progress
Carmen Sermini- Secretary Chamber for Hispanic Progress
Ana Williams- Education Director, Chamber for Hispanic Progress
2. NATIONAL ARTS and HUMANITIES MONTH
Dr. Cynthia Romero, Chair of the Virginia Beach Arts & Humanities Commission
3. NATIONAL BREAST CANCER AWARENESS MONTH
G1NI':BFAC
tZ
— __
c�
�s ask e
OF OUR NAS`�NS
ro C amelti0It
Ufterear Wispanic?feritage Month is celebrated annually from September 15th to October 15th, honoring the rich cultures, vibrant
histories, and remarkabfe contributions of Yfispanics and Latinos in the united States. qhe Cham6er for 9Cupanic Progress
recognizes the indefi6fe impact of a community whose roots span across Spain, Mexico, the Caribbean, Central and South
.America,and whose influence is deeply woven into the fabric of our nation;and
Ufwrzar. The theme for Wispanic 9feritage Month 2024, '[Pioneers of Change:Shaping the Shaping the'Future Together,"reflects the
resilience,unity,and strength that Wispanic and Latino communities bring to the`UnitedStates.Trom the arts and sciences to
business, education and pu6Cic service, 7fi panic Americans have consistently enriched our country with their diverse talents,
innovative ideas,and unwavering commitment to budding a more just and inclusive society;and
Uliertas: We celebrate the 63+million Latinos and7lispanics who call the`United States home. 2hei'r contributions have shaped our
nation's culture,economy,and identity. (From trailblazing leaders in government, to groundbreaking entrepreneurs,educators,
healthcare workers, and essentuif wo*rs, the Ifispanic community continues to mall indispensable contributions to every
sectorofAmencan life,and
Ufxm s.. The YCispanic and Latino community faces ongoing chal&nges, including discrimination, disparities in education, healthcare,
economic opportunity,andimmigration reform 71iis month is not only a celebration of achievements but also a caffto action—
to work towards eguafity, opportunity, and justice for all We recognize the need to address these systemic barriers so that
future generations can thrive;and
Ufwnas: '(Tie 9Cupanic and Latino community holds a deep respect for family,faith, and tradition, values that strengthen the social
fabric of the Vnited States. 4Tiei'r entrepreneurial spirit and hard work have driven economic growth and innovation,from
small businesses and local restaurants to large enterprises that contribute to the nation's prosperity.This is particularly reflected
in the growth ofYhTanic-owned businesses,which continue to be among the fastest growing segments of the V.S.economy;
and
'HAye=L During this month, we take pride in the cultural contributions of Ylispanic and Latino Americans. From music, dance, and
Literature,to food fashion,and film,these artistic a-Tressions have enriched the glo6al cufturallandscape and have become an
integral part of our sharedAmerican story. We cele6rate the writers,performers,artists,and cultural icons who have shared
theirgifts with the wodldand inspiredcountless others to follow in theirfootsteps.
.Now,?Tttrrj'=I,Ebert M. 'Bo6by'Dyer,Mayor of the City of'Virginia Beach,'Virginia,do hereby proclaim•
Septem6er 1 Sth to October 1 Stfy 2024,
as Mspanic Yfel itage .,V-onth
46
In l irgirda 0, I encourage affAmencans to join me in recognizing and celebrating the immeasurable contributions of the Wiispanic and
Latino community,reflecting on the importance of embracing diversity,andreaffirming ourcommitment to ensuring that adpeople,regardless
of their background,have the opportunity to achieve theirdreams in thisgreat nation.
In'Witness 4 fwmf,I have hereunto set my handand caused the OfficialSeal of the City of Virginia Beach,'Virginia, to be affixed this Tirst
Day of October,Two fl1iousandand7wenty-Tour.
Wgbert M. "Bobby"Dyer
sr
Mayor
v
0
99,ts e4.
of MIR NAre�
ro a ton
Mereas The month of October is recognized as National Arts eZ Ifumanities 9Konth by thousands of arts and cultural
organizations, communities, andstates across the country, as weaas by the White 9fouse and Congress since 1993;
and
VAM4r The arts and humanities enhance and enrich peoples'Ceves through education, recreation, and creative work and by
inspiring the imagination of humankind and
%*a=. The arts are accessible to as and the arts and humanities are an essential component of guahty of hfe,sense of place
and mental health;•and
4M4aeas Virginia Beach's vibrant arts community provides myriad opportunities for creative e.Vression for a1Z starting as
children andcontinuing throughout the twilight years;and
Wl4ereas The City of Virginia Beach estabftshedanArts eZ.9fumanities Commission in 1979,andthe Commission has remained
steadfast in promoting ekcellence in the arts and humanities by initiating and supporting programs, activities and
policies that inspire,nurture,andreAct the cufturaldiversity of the area;and
Whereas In 2024, the City of'Virginia Beach, at the behest of its citizens, esta6feshed a landmark deducted fuming source,
drecting 20 percent of amusement tax revenue to enhance the reach and distribution of arts throughout the City,
connecting neigh6ors and communities, both today and into the future;and
'Whereas: Countless residents and visitors eVerience the best of'Virginia Beach thanks to our local nonprofit arts and
humanities organizations,and the thousands of artists who share their talents with the community.
Now,2lureJ77m I,�Rq6ert 9K. Dyer,9Kayor of the City of Virginia Beach,do hereby proclaim
October 2024
Arts e Vuwnities Month
In`Vmginia Beach.,and l call on all citizens to celebrate and promote the arts and culture in Virginia Beach through participation and
support of artists and our many arts and humanities organizations.
In'Witness%*emof, I have hereunto set my hand and caused the OfficialSeal of the City of Virginia Beach, Virginia, to be affixed
this Tirst Day of October Two Thousandand7wenty-Four.
P,g6ert-%f. 'Bobby'(Dyer
9lfayor
ILA-BE t
�s e
Op 0UR NAn�
ro d amatton
U erras: Breast cancer is the most prevalent cancer diagnosed among women in the Vnited States and stands as the
second Leading cause of cancer-related deaths among women,followed only by lung cancer,as reported by the
American CancerSoctety.Glo6afly,it remains the most commonly diagnosedcancer,and
%Oiereas. 4heAmencan Cancer Society helps people with breast cancer in our community,working tirelessly tofindnew
drugs and treatments as weQ as new ways to use e#rting treatments. 4esearch programs have advanced
prevention,screening,and treatment that save lives,•and
was: According to Cancer'Facts eZ Tigures,an annuaLACS pu6Gcation, the female breast cancer death rate peaked
in 1989, then dec&ned by 41%in 2018. this progress reflects improvements in early detection and treatment
and translates to an estimated 403,200 fewer breast cancer deaths than would have been avected if the death
rate hadremainedat its peak;and
'Whereas• We need to continue to fund research to help save even more lives in the future. Each year in the v.S.,about
240,000 women are dutgnosedwith breast canceranda6out 42,000 women wifldre from it;and
'Wherws: October 20°6 is NationafWammography:Day. We encourage everyone to encourage those they Love to schedule
their routine mammogram;and
Whereas: Women ages 40 to 44 should have the choice to start annual breast cancer screening with mammograms;and
`Whereas: Women ages 45 to 54 shouldget mammograms every year,and
Ufwrras Women 55 andoldershouldsaitch to mammograms every 2 years orcan continue yearly screening;and
'6t�lrereas• The City of Virginia Beach and the 4mencan Cancer Society advocate to end cancer as we know it,for
everyone.
Now,9&mf-om I,Robert 91f. "Bo 66y"(Dyer,%fayor of the City of Virginia Beach,'Virginia,do here6y proclaim.•
October 2024
Breast CancerAwareness g Month
In`Virginia cliwch,I callupon the citizens and health providers in'Virginia Beach to increase awareness andfo!!ow the steps in
advance for prevention.
In Uitness%4iett ,, I have hereunto set my handandcaused the OffuiaLSealof the City of Virginia Beach, 'Virginia, to be
affr.qdthis'First(Day of October,Two'Ihousandand7wenty-'Four.
Rp6ert X. "Bob6y°(Dyer
Mayor
I. FORMAL SESSION AGENDA
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Resolution to DIRECT the City Manager to provide additional medical screenings re public
safety personnel (Requested by City Council)
2. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of
temporary and permanent easements,either by agreement or condemnation re Robinson Road
Improvements Project, CIP 100347.032
3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP)
easement from David W. Heafner, Jr. (152.96 +/- acres), the issuance by the City of its
contracts obligations in the maximum principal amount of$1,171,582,and TRANSFER funds
to purchase U.S. Treasury Strips
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Management Agreement with
Hometown Sports Management, LLC, re the operation and management of the Sportsplex
and Field Hockey Complex
5. Resolution to formally RE-ADOPT the Virginia Beach Emergency Operations Plan (EOP)
6. Ordinance to ACCEPT and APPROPRIATE $3.5-Million from the Virginia Department of
Transportation State of Good Repair/Primary Extension Program to Capital Project#100401,
"Street Reconstruction II"re road paving projects
7. Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2024-25 Commonwealth
Attorney Operating Budget re purchase supplies and support the operation of Drug
Treatment Court
SNu neA ,
c
fppc°f • ':d
fLt Vli
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Direct the City Manager to Provide Additional Medical Screenings
for Public Safety Personnel
MEETING DATE: October 1, 2024
■ Background: Firefighters face occupational hazards that increase their risk for
serious health conditions, particularly cardiovascular disease and cancer. These
conditions are often linked to the intense physical demands of the job, exposure to
hazardous substances, and the high-stress environment in which firefighters operate. To
ensure the long-term health and safety of firefighting personnel, there is a desire to
implement enhanced medical screenings beyond what is currently offered by the City.
These medical screenings include comprehensive and ongoing cardiac evaluations and
cancer screenings.
In addition to the need to provide more comprehensive screenings for firefighters, the City
Council has expressed a desire to evaluate supplemental health screenings for other
public safety departments including EMS, Police, and the Sheriff's Office.
■ Considerations: The resolution will direct the City Manager to begin implementing
enhanced screenings for the Fire Department. It will also direct the City Manager to
prioritize ongoing funding for this initiative in developing the FY 2025-26 operating budget
and to evaluate and consider appropriate health screening enhancements for uniformed
staff in EMS, Police, and the Sheriff's Office.
The total cost for enhanced medical screenings is currently estimated to be $800,000
annually for the Fire Department, with an additional estimated cost of $300,000 for other
public safety departments.
The City's Risk Management Fund currently has available funds in the amount of
$370,000 that can be used for this purpose. If additional funds are needed, the City
Manager has transfer authority up to $250,000 for the residual amount. The funding
source for such a transfer would likely be the General Fund Reserve for Contingencies
and would be reported to the City Council in the monthly transfer report.
■ Public Information: Normal City Council agenda process. This topic was the
subject of a public briefing at the September 24, 2024, City Council workshop.
■ Attachments: Resolution
Requested by the City Council
REQUESTED BY THE CITY COUNCIL
1 A RESOLUTION TO DIRECT THE CITY MANAGER TO
2 PROVIDE ADDITIONAL MEDICAL SCREENINGS FOR
3 PUBLIC SAFETY PERSONNEL
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1) The City Manager is hereby directed to:
9 a. implement enhanced medical screenings for cardiovascular disease and
10 cancer for uniformed personnel within the Fire Department;
11 b. begin evaluating a plan to provide appropriate health screenings for
12 other public safety departments including EMS, Police, and the Sheriff's
13 Office; and
14 c. prioritize programming the ongoing costs for enhanced health and
15 wellness screenings into the City Manager's proposed FY2025-26
16 Operating Budget for City Council consideration.
17
18 2) To fund the additional medical screenings, the City Manager is directed to use
19 existing resources appropriated within the City's Risk Management Fund.
20 Should additional funds be needed in FY 2024-25 the City Manager is hereby
21 authorized to transfer funds from the General Fund Reserve for Contingencies
22 up to his delegated transfer authority. Should the City Manager need additional
23 funding beyond his delegated transfer authority, the City Manager shall provide
24 a funding request to the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2024.
APPROVED AS TO LEGAL SUFFICIENCY:
y rney' O ice
CA16659
R-2
September 25, 2024
!o'f �HjT
f � T
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize the acquisition of temporary and permanent
easements for the Robinson Road Improvements Project, CIP 100347.032,
either by agreement or condemnation
PUBLIC HEARING DATE: September 17, 2024
MEETING DATE: October 1, 2024
■ Background: The Robinson Road Improvements Project, CIP 100347.032 (the
"Project") is focused on improving a currently unfinished section of Robinson Road,
connecting its south end to Charity Neck Road. The Project will involve constructing
approximately 900 feet of new roadway, to provide an important second egress during
flood events to improve safety. The improvements will include the construction of 900
linear feet of a two-lane rural road with shoulders and an open channel drainage
system.
The Project is part of the Rural Roads Improvements II program and is entirely City-
funded. The full design is expected to be completed by October 2024, with
construction anticipated to begin in June 2025. The construction phase is projected to
take approximately one and a half years to complete, addressing the safety and
accessibility concerns along this route.
The importance of the Project cannot be overstated, as the area experiences tidal
flooding three to four times a year due to wind tides. The flood depths, ranging from
one to two feet, currently prevent access to approximately 17 properties. By
constructing the missing road segment, the Project will provide a reliable egress
during flood events, significantly enhancing the safety and accessibility for residents
in the affected area.
■ Considerations: The Project will require permanent and temporary easements from
4 privately owned parcels. No residences or businesses are anticipated to be
displaced by the Project.
■ Public Information: An advertised public hearing will be held on September 17,
2024, and public notice will be provided via the normal Council agenda process.
Although the willingness to hold a public hearing for the Robinson Road
Improvements Project was advertised on April 28, 2024, in The Virginian-Pilot
Beacon, no requests for a meeting were received from the public. As a result, no
meeting was held.
■ Alternatives: Deny the Ordinance, which could delay the Project.
■ Recommendations: Approval.
■ Attachments: Ordinance and Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works/Real Estate
City Manager: 1 '
1 AN ORDINANCE TO AUTHORIZE THE
2 ACQUISITION OF TEMPORARY AND
3 PERMANENT EASEMENTS FOR THE
4 ROBINSON ROAD IMPROVEMENTS
5 PROJECT, CIP 100347.032, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
s WHEREAS, the Robinson Road Improvements Project, CIP 100347.032 (the
9 "Project"), is a roadway improvements project to improve transportation, stormwater, public
10 utilities and safety within the City and for other related public purposes for the preservation
11 of the safety, health, peace, good order, comfort, convenience, and for the welfare of the
12 people in the City of Virginia Beach; and
13
14 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
15 public necessity exists for the construction of this important roadway project to provide
16 improved functioning and connectivity, including the connection of Robinson Road at its
17 south end to Charity Neck Road. The Project will provide improved egress during wind-
18 driven flood events and will enhance the safety and accessibility for residents for the
19 affected areas. The Project will make the road more accessible and functional for the
20 preservation of the safety, health, peace, good order, comfort and convenience and for the
21 welfare of the people in the City of Virginia Beach.
22
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 Section 1. That the City Council authorizes the acquisition by purchase or
28 condemnation pursuant to Sections 15.2-1901, et seg., 15.2-2109, and Title 25.1 of the
29 Code of Virginia of 1950, as amended, of all those certain temporary and permanent
30 easements (the "Property"), as shown on the Project plans entitled "ROBINSON ROAD
31 PROPOSED IMPROVEMENTS CIP NO. 100347.032 PWCN-20-0139," and more
32 particularly described on the acquisition plats for the Project (plats and plans collectively
33 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department
34 of Public Works, City of Virginia Beach, Virginia.
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 said 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 , 2024.
CA16569
R-1
8/21/2024
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p047\00988423.doc
APPROVED AS T CONTENT APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
P BLI WORK REAL ESTATE CITY ATTORNLY
t aE '
R �
RQ
` } I
y 4
�f
/
a:
t
a
Y
VIA
4 �R�ROgt�
OW� 4
ROBINSON ROAD
AREA MAP
CITY OF TA BEACH OF PU 4 i
DEPARTMENT OF PUBLIC WORKS rr
ENGINEERING DIVISION
vIRGMIA STATE PLANE COORDINATE DAZE: A-11 cRO[Ct ENgELFDE
STEM,SOUTH ZONE,—A93/91 HARN
Drawing Not To Scale " a_ I Al
"°"°R` RRa °
n!
P7
y', �' is e •" 'Y a 1 .,,� i..Y tPy_ "S�L '? �'�.s - '�: ,.W t '` '.
a f�r-
��
11 1
i.�
J � r
LEGEND:
Existing Right of Way(ROW)According to City Map
ROBINSON ROAD
EXISTING CONDITIONS
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
DER A-Br GR-I E.-
Drawino Not To Scale " I"°'°"
-
,�,, n
0
I '
C*l
y
7
1 � y n4
e
f � ,
LEGEND:
Existing Right of Way(ROW)According to City Map ROBINSON ROAD
PROPOSED IM
Proposed Roadway Improvement
CITY OF VIRGINIA GINIA BE
DEPARTMENT OF PUBLIC WORKS •�+, s�
ENGINEERING DIIA90N
°Arz ..0 e, r�uci uomc
Drawing Not To Scale "°—.—'y "° "'
N
W E
b
,
+
n
� � Q
'14
L. �t
1 t
N,I
i
/
= *•.. ' BINSONIRD
r i i
LOCATION MAP
ROBINSON ROAD
PROPOSEDIMPROVEMENTS
Legend CIP#100347
1
Project Area j
,� Feet �
City Property 0 100 200 400
t
Prepared by P.W./Enq./Enq. Support Services Bureau 08/21/2024 XACADD\Projects\Arc FilesWGENDA MAPS\CIP 100347\CIP 100347 Aerial.mxc
UJ
N
` W E
C0
co
w / 0
z V I ti, 3
•rA �
Is
co :•�
�, 1
O' 11
/ 1
h 1
I ; 6 1
/ I UJ ; 1
k q 1
r •
ROBINSpN,RD I
Legend LOCATION MAP
ROBINSON ROAD
® Project Area PROPOSED IMPROVEMENTS
City Property CIP#100347
Building Footprint
--- Feet
- - - Road Surface 0 100 200 400
Prepared by P.W./Enq./Enq.SupoorHervices Bureau 08/21/2024 X:\CADD\Projects\Arc Files\AGENDA MAPS\CIP 100347\CIP 100347.mxc
u
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land
Preservation Easement from David W. Heafner, Jr. (152.96+/- Acres), 2) the
Issuance by the City of its Contract Obligations in the Maximum Principal
Amount of $1,171,582, and 3) Transfer of Funds to Purchase U.S. Treasury
STRIPS
PUBLIC HEARING DATE: September 17, 2024
MEETING DATE: October 1, 2024
■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained by the
City. The appraiser has determined the fair market value of the property, based upon
nine (9) comparable sales. From the fair market value, the value of the development
rights has been determined by subtracting $1,800 per acre, which has previously been
established as the farm value (i.e. value of the land restricted to agricultural uses) for
land throughout the southern rural area of the City. The resulting amount is the value of
the development rights of the property.
All offers by the City to purchase the development rights of property are expressly made
contingent upon the absence of any title defects or other conditions which, in the
opinion of the City Attorney, may adversely affect the City' s interests, and other
standard contingencies.
■ Considerations: The subject property, which consists of two (2) parcels having
approximately 152.96 acres outside of marshland and swampland, is owned by David
W. Heafner, Jr. The parcels are located at 1368 Pleasant Ridge Road (GPINs: 2411-99-
6130 and 2421-08-8304) and are shown on the attached Location Map. Under current
development regulations, there is a total development potential of five (5) single-family
dwelling building sites, of which zero (0) building sites are being reserved for future
development.
The proposed purchase price, as stated in the ordinance, is $1,171,582. This price is
the equivalent of approximately $7,659.40 per acre.
The terms of the proposed acquisition are that the City would pay only interest for a
period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 4.473% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6.473% without the further approval of the City Council.
The City has matching funds available for a portion of this purchase through the Virginia
Department of Agriculture and Consumer Services ("VDACS"), pursuant to an
agreement between the City and VDACS, authorized by this Council on February 20,
2024 (RES-04253).
The ordinance authorizes the transfer of the amount needed to purchase the U.S.
Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the
General Debt Fund.
The proposed terms and conditions of the purchase of the development rights pursuant
to the Installment Purchase Agreement, including the purchase price and manner of
payment, are fair and reasonable and in furtherance of the purposes of the Ordinance.
■ Public Information: Notice of Public Hearing has been advertised twice by
publication in a newspaper having general circulation in the City, with the first notice
appearing no more than twenty-eight days before the hearing and the second notice
appearing no less than seven days before the hearing (September 1, 2024 and
September 8, 2024). The Public Hearing will be held on September 17, 2024. Public
notice will be provided via the normal City Council agenda process.
■ Alternatives: The City Council may decline to purchase the development rights
to the property.
■ Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
■ Attachments: Ordinance
Summary of Terms of Installment Purchase Agreement
Location Map
Disclosure Statement Form
Recommended Action: Adoption
Submitting Department/Agency: Agriculture Department pv--
City Manager:
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION
2 OF AN AGRICULTURAL LAND PRESERVATION
3 EASEMENT FROM DAVID W. HEAFNER, JR. (152.96+/-
4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS
5 CONTRACT OBLIGATIONS IN THE MAXIMUM
6 PRINCIPAL AMOUNT OF $1,171,582, AND 3)
7 TRANSFER OF FUNDS TO PURCHASE U.S.
8 TREASURY STRIPS
9
10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
12 presented to the City Council a request for approval of an Installment Purchase Agreement
13 (the form and standard provisions of which have been previously approved by the City
14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
16 Installment Purchase Agreement) on certain property located in the City and more fully
17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
18 $1,171 ,582; and
19
20 WHEREAS, the aforesaid Development Rights shall be acquired through the
21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
22 compliance with, the requirements of the Ordinance; and
23
24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
25 purchase as evidenced by the Installment Purchase Agreement.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 1. The City Council hereby determines and finds that the proposed terms and
31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
32 Agreement, including the purchase price and manner of payment, are fair and reasonable
33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
34 is hereby authorized to approve, upon or before the execution and delivery of the
35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
36 balance of the purchase price set forth hereinabove as the greater of 4.473% per annum or
37 the per annum rate which is equal to the yield on United States Treasury STRIPS
38 purchased by the City to fund such unpaid principal balance; provided, however, that such
39 rate of interest shall not exceed 6.473% unless the approval of the City Council by
40 resolution duly adopted is first obtained.
41
42 2. The City Council hereby further determines that funding is available for the
43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
44 the terms and conditions set forth therein.
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter of
59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the
60 indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $393,338.90 from the
63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the
64 City Manager is empowered to transfer sufficient additional funds or return funds not
65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the
66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States
67 Treasury STRIPS as described in the Installment Purchase Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City Council.
70
71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of
72 2024.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Agriculture Department B 4dgetand Management Services
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
OF UND : //
�-, /1///11?,
Director of Finance City Attorneys Office
CA 16423
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d012\p050\00985587.doc
R-1
September 3, 2024
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2024-172
SUMMARY OF TERMS
SELLER: David W. Heafner, Jr.
PROPERTY: 1368 Pleasant Ridge Road/GPINs: 2411-99-6130 and 2421-08-8304
PURCHASE PRICE: $1,171,582
EASEMENT AREA: 152.96 acres,more or less
DEVELOPMENT POTENTIAL: 5 single-family building sites(0 reserved by Seller
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price,but not less than 4.473% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.473%without
approval of City Council.
TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate
Settlement Transfer) for one(1)year following execution and delivery of the IPA.
LOCATION MAP
GPIN: 2411-99-6130
(1368 Pleasant Ridge Road)
o"
N �
Pd
S
19
3
�r BPRoda � ,
�> � �� o•, 7 i � yaks' kj .�. ..
x
"`�" �.,£rT•' � "�'"d-- k �..xm� r�sT° ,. ..« � ., ���s, r "vla,. 'f�'0.,e�,�,,,r"+A, ,.. �,
a a
M —
Disclosure Statement X�
City of Bfrrtliniu 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 J (`
Does the applicant have a representative? ❑ Yes P No
• If yes,list the name of the representative.
Is the applicant a corporation, partnership,firm, business,trust or an unincorporated business? ❑ Yes a 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.
Z"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.
1 �
Disclosure Statement
City of Yiryin&z RMd1
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 RI 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?
QKYes ❑ No
• If yes, identify the financial institutions providing the service.
I r��r� ►� (em)t�
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 [2 NO
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property? ❑ Yes U 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.
2 �
Disclosure Statement
City of VGgima Burch
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
a 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 c mmit ee in connection with this application.
Appl' ant Signature
Print Na- 1� tn �nd-t
z)Date // Title
Is the applicant also the owner of the subject property? 0 Yes ❑ No
® If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/ ... . .
applicationsny Planning Commission and City Council meeting
that pertains to the
No changes as of Date signature
Print Name
3 �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Management
Agreement for the Operation and Management of the Sportsplex and the
Field Hockey Complex
PUBLIC HEARING DATE: September 17, 2024
MEETING DATE: October 1, 2024
■ Background: The City of Virginia Beach (the "City") owns property located at
2044 Landstown Centre Way, consisting of approximately 37.2 acres, and commonly
known as the Sportsplex and Field Hockey Complex (collectively, the "Facilities"). On
January 14, 2024 and January 21, 2024, the City issued a Public Notice requesting bids
for the management of the Facilities (the "Bid Request").
Hometown Sports Management, LLC ("HSM") responded to the Bid Request, and the
bid was opened and summarized at City Council meeting on March 5, 2024. City staff
evaluated HSM's bid proposal and determined that it would serve the needs of the City
and its citizens and visitors and promote the use of the Facilities.
City staff and HSM have now finalized a Management Agreement based on the terms
and conditions set forth in the Summary of Terms, attached to the Ordinance as Exhibit
A.
■ Considerations: The term of the Management Agreement would be for 20
years. HSM would pay the City a portion of annual gross revenues based on a revenue
sharing plan and would be responsible for ordinary maintenance and repairs, as more
particularly set forth in the Summary of Terms. The City would be responsible for major
capital expenditures and repairs, subject to appropriation of funds by City Council.
■ Public Information: Public Notice requesting bids was advertised in The
Virginian-Pilot on January 14, 2024 and January 21, 2024. The bid was opened at City
Council's informal session and summarized in its formal session on March 5, 2024.
Notice of Public Hearing was advertised on September 8, 2024 and the hearing will be
held on September 17, 2024. Public notice was also provided via the normal City
Council agenda process.
■ Alternatives: Approve Management Agreement as presented, change terms
of the Management Agreement or decline entering into an agreement.
0 Recommendation: Approval
■ Attachments: Ordinance, Summary of Terms, Location Map
Recommended Action: Approval
Submitting Department/Agency: Parks & Recreation /,/t.
City Manager:
i AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
2 TO EXECUTE A MANAGEMENT AGREEMENT FOR THE
3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX
4 AND THE FIELD HOCKEY COMPLEX
5
6 WHEREAS, On January 14, 2024 and January 21, 2024, City Council issued
7 Public Notice requesting Bids for Management of City Property for the management of
8 the Sportsplex and the Field Hockey Complex (the "Bid Request');
9
10 WHEREAS, Hometown Sports Management, LLC, a Virginia limited liability
11 company ("HSM") responded to the Bid Request, and City Council directed staff to
12 attempt to finalize negotiations with the principals of HSM for the management of the
13 existing Sportsplex and Field Hockey Complex facilities;
14
15 WHEREAS, staff has finalized a management agreement with HSM for the
16 management and operation of the Sportsplex and Field Hockey Complex, as set forth in
17 the Summary of Terms attached hereto as Exhibit A, and incorporated herein;
18
19 WHEREAS, a location map showing the property to be subject to the
20 Management Agreements as"Sportsplex Area" and "Field Hockey Complex" is attached
21 hereto as Exhibit B; and
22
23 WHEREAS, the City Council finds that entering into a management agreement
24 with HSM for the management and operation of the Sportsplex and Field Hockey
25 Complex will be in the best interest of the City and will promote the use of those
26 facilities.
27
28 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 That the City Manager is hereby authorized to execute a management
32 agreement for the management and operation of the Sportsplex and Field Hockey
33 Complex so long as such agreement is consistent with the Summary of Terms at
34 hereto as Exhibit A and such other terms and conditions deemed necessary and
35 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney;
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
38 of , 2024.
APPROVED AS TO CONTENT- APPROVED AS TO LEGAL
SUFFICIENCY A RM:
Parks & Recreation City Attorney
CA16265
c\users\cking\appdata\local\microsoft\windows\inetcache\content.outlook\Oei9pi22\00003288.doc
R-1
9/9/24
Exhibit A
Summary of Terms
PROPERTY: Sportsplex: Area shown as "Sportsplex Area" on attached
Location Map.
Field Hockey Complex: Area shown as "Field Hockey
Complex" on attached Location Map
OWNER: The City of Virginia Beach (the "City")
MANAGER: Hometown Sports Management, LLC, a Virginia limited liability
company (the "Manager")
PURPOSE: Manager will operate and manage on behalf of the City both
athletic facilities.
TERM: 20 years.
REVENUE
SHARING: The Manager will pay City an annual amount equal to five
percent (5%) of the combined annual gross revenues of the
Sportsplex and the Field Hockey Complex in excess of
$1,100,000. Any revenue generated from the sale of
sponsorships or naming rights shall be included in the
calculation of gross revenues.
IMPROVEMENTS: Manager to invest up to $600,000 in in upgrades to the facilities.
The City will fund the replacement of(i) artificial turf fields at the
Sportsplex, (ii) install new lights for Field 2 of the Field Hockey
Complex, (iii) convert existing grass fields at the Field Hockey
Complex, and (iv) flatten the berm at the Sportsplex and create
a grass training area. The City funded improvements shall not
exceed $4,138,500.
CAPITAL
MAINTENANCE
& REPAIRS: The City will be responsible for all major capital expenditures
and repairs at the Sportsplex and the Field Hockey Complex;
the necessity and timing of such repairs to be in the sole
discretion of the City and subject to the appropriation of funds
by City Council.
2
Major capital expenditures to be defined as any expense with a
minimum cost of$10,000 and a life expectancy in excess of 5
years. Repetitive or multiple repairs not to be aggregated to
reach $10,000 but planned systemic repairs may be
aggregated.
The City Manager to request appropriation each year for capital
repairs, including $50,000 per year for unexpected capital
repairs.
The City's funding of repairs is subject to appropriation.
Manager shall have right to terminate the agreement if unfunded
repairs leave facilities unsafe or unusable.
ORDINARY
MAINTENANCE
& REPAIRS: The Manager is responsible for all non-capital repairs and
maintenance, including maintenance and replacement of all
lights.
TITLE TO
PROPERTY: Title to the Property shall remain vested in City. The Manager
shall not encumber the Sportsplex or the Field Hockey Complex
with any liens.
PERMISSIBLE
USES: A list of pre-approved uses of the Sportsplex shall be agreed on
by the City and the Manager prior to the execution of the
Management Agreement. City may object to any proposed use
of the Sportsplex not pre-approved.
PERFORMANCE
STANDARDS: The Sportsplex shall be operated in conformity with the
performance standards as set by the City of Virginia Beach
Parks and Recreation Department.
3
f
a"
i
. ro
PRINCESS ANNE ATHLETIC } Q ' Exhibit B '
DEVELOPMENT.LLC r `
GENERALIZED PLAN OF DEVELOPMENT `
, gym
11 ll
\✓/.�(1 ��C � O
120'VIRGINIA POWER E'ASE�N'
. . PORTSPLEX
` !
CITY OF VIRGINIA BEACH w"°
ANSION
9E1'I'f.%113ER22.•20017
cwwa.»o
Po"o - POTENT,A 28.5+ACRES
/•' A"° " 4.0•PARCEL �
iV
,
�O \
tkew
Field Hockey
�I r'
Complex
ew j I
- ,�• t ®®
C v� r t; r 'y'• ''a o
VIIA
EIZACH
qYt�'
- FIELD
j
HOUSE
STADIUM . �► Sports lex Area :.
FUTURE
n SPORTSPLEX BUSINESS PARK
ExrQTsMG ExssTwG A 38.4+ACRES ;
0 H MKEY; f'WILD MOCK i y L •
cfEtn FIELD 1{ ...—. ._ !• - —_
„ 4
—,--a.,-_SEAIMIPI.:...._
i
1I —
`�.. UNITED STATES m
FIELD HOCKEY i ! X
• NATIONAL TRAINING CENTER W
Z
m
mu .
46
,. IJTH `
1
ZEgS7 RN .'I
PESS Y
.r . ,.. 100• 0 100 zao3wC7
CITY OF
Disclosure
VIRGINIA
VB BEACH Statement
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. 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, boards, commissions, or
other bodies.
SECTION 1: APPLICANTDISCLOSURE
APPLICANT INFORMATION
Applicant Name: ,
as listed on application oi�oc �t °i'`' r� �tn L«
Is Applicant also the Owner of the subject property? Yes() No*
If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3).
Does Applicant have a Representative? Yes® No() _
if yes, name Representative: C�'Al
Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes*Noo
if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a
parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.)
Does the subject property have a proposed or pending purchaser? Yes No
If yes, name proposed or pending purchaser:
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, name the official or employee, and describe the nature of their interest.
�Z C;� vG V'i:j�-I.-, 'h.,?c c� be t,"A t I
APPLICANT SERVICES DISCLOSURE
READ: The Applicant must certify whether the following services are being provided in connection to the
subject application or any business operating or to be operated on the property. The name of the entity
and/or individual providing such services must be identified. (Attach list if necessary.)
SERVICE YES NO SERVICE PROVIDER
(Name entity and or individual
Financing(mortgage, deeds of trust,
cross-collateralization, etc.)
Real Estate Broker/Agent/Realtor ()
Disclosure Statement I rev. M a y-2024 page 1 of 3
SECTION • • - •
SERVICE YES NO SERVICE PROVIDER
Name entity and or individual
Accounting/Tax Return Preparation 0 0 JrcSSC C- v�° ,c 4 A
Architect/Designer/landscape
Architect/Land Planner ® 0 V
Construction Contractor 0 0 16*b
Engineer/Surveyor/Agent 0 0 `G E I
Legal Services ® 0 ��GLS"^~` ` C . 1e
APPLICANT CERTIFICATION
READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for
updating the information provided herein three 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.
LLC
Applicant Name (Print) Applicant Signature ate
s "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See
State and Local Government Conflict of Interests Act, VA. Code§2.2-3101.
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
some person own or manage the two entities; there are common or commingled funds or assets,the
business entities share the use of the some 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.
:� SJT..:fi.;t.:;c. ^`• .0 t A�'Sr,. a: ..oi �• r '9' JY t ,yft
.i=iYL$.4�:..45 'Z.') "yva, .r`+1 k t•y,`'1..4 1.: t..
FQR CITY t1SE'ONLY ,:t � �-
., = a�. .c3^�:�.,..:xt �y+:,. ,$ x�;:'.,1• -
:'``2.-1^ ..J m a.. :.At. oa.t: -�"':.l`1:.♦ x...a..
r r
ear.:Y.:r.... .:.Y... ... ..
No changes as of(date):
Staff Name(Print) Staff Signature Date
Disclosure Statement I rev. M a y-2024 page 2 of 3
N'r An
ru
1'�4�vnao,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Formally Re-adopting the Virginia Beach Emergency Operations
Plan
MEETING DATE: October 1, 2024
■ Background: The Code of Virginia § 44-146.19.E. requires that jurisdictions in
Virginia update and re-adopt their Emergency Operations Plans on a four-year cycle.
Our previous adoption was in October, 2020. The City Code also requires that an
Emergency Operations Plan (EOP) be maintained. The Department of Emergency
Management has completed its review process and requests that the City Council
formally adopt the 2024 version of the City's Emergency Operations Plan, as required
be law. The full version of the 2024 Emergency Operations Plan can be viewed at
https://vbgov.sharepoint.corn/:w:/s/vboemd ash board/Ed Gd 1 c7Kla5OIFmgGbavriMB4wl
u39W9pks3-BNRHbraYw?e=7gN63Z
■ Considerations: There were major revisions from the 2020 version to add
additional language in compliance with the Americans with Disabilities Act (ADA) and
previously approved ADA Settlement Agreement. In addition, the 2024 EOP
incorporates lessons from previous incidents and events, best practices, stakeholder
feedback, and operational updates. It provides a clear, concise framework for how the
entire City will prepare for, manage, respond, and recover from significant incidents and
disasters impacting our city and our ability to perform daily operations, instilling a sense
of reassurance in our community. The Virginia Beach 2024 EOP provides the
authorities, responsibilities, duties, structures, and communication procedures
necessary for staff, departments, and outside agencies to manage any significant
emergency or disaster. The authorities, processes, and procedures established by the
2024 EOP ensure the City is able to coordinate and mobilize resources necessary to
save lives, protect property and infrastructure, and stabilize incidents that are or have
the potential to interrupt or adversely impact the City's normal operations.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Recommendations: Adopt the Resolution.
■ Attachments: Resolution and EOP Abstract.
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Management
City Manager:
1 A RESOLUTION FORMALLY RE-ADOPTING THE
2 VIRGINIA BEACH EMERGENCY OPERATIONS PLAN
3 WHEREAS, the City of Virginia Beach Department of Emergency Management,
4 regularly and routinely publishes and updates an Emergency Operations Plan for the
5 City of Virginia Beach; and
6
7 WHEREAS, Code of Virginia § 44-146.19.E. requires the City Council to formally
8 review and re-adopt the City of Virginia Beach Emergency Operations Plan every four
9 years; and
10
11 WHEREAS, that last adoption of the City of the Virginia Beach Emergency
12 Operations Plan occurred in 2020; and
13
14 WHEREAS, the four-year review and revision of the City of Virginia Beach
15 Emergency Operations Plan is complete.
16
17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That the City of Virginia Beach hereby formally re-adopts the revised Virginia
21 Beach Emergency Operations Plan.
22
23 Adopted by the City Council of the City of Virginia Beach, Virginia, this
24 day of 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Dept. of Emergency Management City Attorney's Office
CA
R-1
September 05, 2024
OFFICE OF EMERGENCY MANAGEMENT
City of Virginia Beach
CITY OF VIRGINIA BEACH
Emergency 757-385-1077
VBOEM@vbgov.com
-� Management www.emergencymanagement.virginiabeach.gov
Abstract: 2024 Emergency Operations Plan Revision
Department: Emergency Management
Dat! October 1, 2024
Overview
The City of Virginia Beach's Emergency Operations Plan (EOP) is a comprehensive, all-hazards
framework governing how the City manages emergencies requiring more than routine
coordination and assistance or involving multiple departments and organizations. The EOP is
activated when the City's normal operations are or have the potential to be interrupted or
adversely impacted by an incident or event that requires coordination and mobilization of
resources to save lives, protect property or infrastructure, and to stabilize the incident.
The EOP establishes the authorities, responsibilities, duties, and communication procedures
necessary for leadership, staff, departments, and outside agencies to manage a response and
recovery to any significant emergency or disaster.
The goal of an EOP is to minimize risk and impact and to restore normal operations as quickly
as possible.
Revisions
The Code of Virginia § 44-146.19.E. requires that jurisdictions in Virginia update and re-adopt
their EOP on a four-year cycle. The City Code also requires that an EOP be maintained and
kept up-to-date. The Department of Emergency Management (DEM) has completed its review
process and made the necessary revisions to complete the 2024 version of the EOP. Revisions
were made from the 2020 version to add additional language in compliance with the Americans
with Disabilities Act (ADA) and previously approved ADA Settlement Agreement. In addition, the
2024 EOP incorporates lessons from previous incidents and events, best practices, stakeholder
feedback, and operational updates to provide a clear, concise framework for how the entire City
will prepare for, manage, respond, and recover from any significant incident and disaster that
may impact our city and inhibit our ability to perform daily operations. Key updates made to the
EOP in the 2024 version include:
• Adding language in compliance with the Americans with Disabilities Act (ADA)
and previously approved ADA Settlement Agreement.
• Providing clear, concise, and consistent language and terminology throughout
the plan to reduce confusion when activated.
• Clarifying roles and responsibilities.
• Updating delegated authorities to reflect staff duties and align with operational
procedures.
• Inclusion of emergency support plans and hazard-specific annexes (e.g.,
Emergency Sheltering, Evacuation Frameworks)
• Referencing the City's Public Alert and Warning Plan, as required by Virginia code
for localities with a population greater than 50,000.
2412 North Landing Rd (Building 20) 1 Virginia Beach,VA 23456
i4s y �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of
Transportation State of Good Repair / Primary Extension Program to Capital
Project #100401, "Street Reconstruction I I," for Road Paving Projects
MEETING DATE: October 1, 2024
■ Background: Virginia Code §33.2-369 establishes a State of Good Repair(SGR)
program within the Commonwealth Transportation Fund. The purpose of SGR is for
"improvement of deficient pavement conditions and improvement of structurally deficient
bridges." Among the transportation items eligible for SGR funds are municipality
maintained primary extensions. Accordingly, such projects are funded through the
Primary Extension Paving Program.
The Primary Extension Paving Program provides funds to qualifying road segments,
typically up to $1.5 million per locality annually is available, in FY 2024-25 an additional
$2 million was made available per locality increasing the potential to $3.5 million total.
Individual road segments are submitted to the Virginia Department of Transportation and
scored via a prioritization process.
■ Considerations: The City has been awarded $3,500,000 in FY 2024-25 SGR
funding for partial paving costs for four road segments. The total paving cost for these
road segments is estimated at $3,881,931. The eight (8) awarded segments, and the
remaining local portion of the total paving cost for each project, are listed in the table
below.
Total SGR
Council paving State Local
District portion
Cost Award
Southbound Independence Blvd 3 & 4 $294,644 $268,634 $26,010
(Euclid Rd to Baxter Rd)
Eastbound Shore Dr
(885' east of Fort Story Gate 6 to 535' 6 $450,633 $410,854 $39,779
west of Coast Artillery Rd)
Eastbound Shore Dr
(535' west of Coast Artillery Rd to 6 $469,031 $427,628 $41,403
4745' east of Coast Artillery Rd)
Eastbound Shore Dr
(4745' east of Coast Artillery Rd to 6 $430,921 $392,882 $38,039
83rd Street)
Northbound Great Neck Rd 6 & 8 $759,940 $677,591 $82,349
(Coach Ln to Harbor Ln)
Northbound Great Neck Rd 8 $404,745 $363,199 $41,546
(Harbor Ln to Dey Cove Dr)
Southbound Great Neck Rd 8 $355,335 $319,677 $35,658
(Shorehaven Dr to Millwood Rd)
Southbound Great Neck Rd 6 & 8 $716,682 $639,533 $77,149
(Millwood Rd to Tanglewood Trl)
Total $3,881,931 $3,500,000 $381,931
The City will use previously appropriated available funds in Capital Project #100401,
"Street Reconstruction II," for the local portion. There is sufficient local funding in the
Capital Project to satisfy the local match.
■ Recommendation: Adopt the attached ordinance and Authorize the City Manager
to enter into any necessary agreements for project development.
■ Public Information: Normal City Council agenda process.
■ Attachments: Ordinance, Location Maps (8), CIP Detail Sheet for Capital Project
#100401
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager: AV
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE VIRGINIA DEPARTMENT OF
3 TRANSPORTATION STATE OF GOOD REPAIR / PRIMARY
4 EXTENSION PROGRAM TO CAPITAL PROJECT 100401,
5 "STREET RECONSTRUCTION II," FOR ROAD PAVING
6 PROJECTS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 $3,500,000 is hereby accepted from the Virginia Department of Transportation's
12 State of Good Repair / Primary Extension Paving Program and appropriated, with
13 revenues increased accordingly, to CIP #100401, "Street Reconstruction II," for road
14 paving projects with the local portion for such paving projects to be provided by Capital
15 Project #100401.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
L�,�c tz)i: � 61--])z-7, -.— --
Budget and Management Services t i y orney ffice
CA16656
R-1
September 17, 2024
Fiscal Years FY25 through FY30 Capital Improvement Program
Project:PG100401 itle:Street Reconstruction II tatus:Approved
Category:Roadways Department:Public works
Project Type Project Location
Project Type:Rehabilitation/Replacement District:Citywide
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding I To Date FY25 FY26 FY27 FY28 FY29 FY30 Future
54,572,6351 40,372,635 3,450,000 2,150,000 2,150,000 2,150,000 2,150,00 2,150,00
Description an. Scope
This program provides funding for the reconstruction of existing roadways.Reconstruction involves the replacement of the existing pavement structure
and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual
program includes reconstruction projects funded with Virginia Department of Transportation's(VDOT)State of Good Repair(SGR)/Primary Extension
Program resources.Local contributions that must be borne by the locality to use Commonwealth or federal pass through funds may come from this
project.This work may additionally include replacement of curb and gutter systems when needed for pavement performance and associated sidewalk
replacement.Street Reconstruction is an eligible expenditure for VDOT maintenance funds.
Purpose and Need
More than half of all the pavement in the City is over 20 years old.Even with optimum maintenance,eventually it reaches the point where maintenance is
no longer practical or cost effective.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations.
History and Current Status
This program first appeared in the FY 2013-14 CIP.It is a continuation of project Street Reconstruction I,which first appeared in the FY 2000-01 CIP.On
November 16,2021,Council accepted and appropriated$1.5 million in State of Good Repair Program funds to this project and on September 20,2022,
Council accepted and appropriated another$1.5 million.In FY 2023-24$1.5 million from the State of Good Repair Program was appropriated to this
project as well as$3.4 million in funding from VDOT urban maintenance funds.
Operating Budget Impact Comments
FY25 FY26 FY27 FY28 FY29 FY30
Total Operating Budget Impacts
Total FTE
Project
Project Activities From-To Amount
Design 07/13-06/30 9,895,000
Site Acquisition 07/13-06/30 2,365,000
Construction 07/13-06/30 42,312,635
Total Budgetary Cost Estimate: 54,572,635
NO MAP REQUIRED Means of
Funding Subclass Amount
Local Funding 39,287,156
Federal Contribution 4,500,000
State Contribution 10,785,479
Total Funding: 54,572,635
FY 2024-25 to FY 2029-30 90 Capital Improvement Program
N
"Y EUC D RD w E
t,V VI GINIABEACH LVD ///1 S
SITE
Ll
3
`� Zf
Z �
J
m
W
C)
2
Q
W �� 1 SOUTH.BLVD
W ` �
�67 1 J
DOLTON DR
J _
�a /j? r�7
LOCATION MAP
INDEPENDENCE BOULEVARD SOUTHBOUND
/\ FROM EUCLID ROAD TO BAXTER ROAD
�1> 600 300 0 600 Feet
l �
Prepared by P W/Eng./Eng.Support Services Bureau 09/11/2024 X:\CADD\Projects\Arc Files\AGENDA MAPS\SGR Funds for Roadway Paving 2024\
Independence Blvd Southbound Euclid Rd to Baxter Rd.mxd
N
Z Z MINDANAO w E
RD
7o m► M�NDPNA0 s
0 O C/l
.- y
SITE �° v
a v
NORMANDY RD
R
DPNPN p5 �R�s
�, �L- GRD
NP�RPN
4
u 9
SHORE DR
LOCATION MAP
SHORE DRIVE EASTBOUND
885' EAST OF J.E.B. FORT STORY GATE 6
TO 535' WEST OF COAST ARTILLERY ROAD
1,400 700 0 1,400 Feet
Prepared by P.W./Eng./Eng.Support Services Bureau 09/11/2024 X\CADD\ProjectsWrc Files\AGENDA MAPS\SGR Funds for Roadway Paving 2024\
Shore Drive Eastbound 885 east of JEB
.
Cnn qt—r-fc R-R :.—,M r—,A i11—Pr—H
PM
v
v =Q W E
mQ v� S
yo71,Q
•
r, J
J �
U G
0 0 oU
G
G
o2c� COAST ARr/� .c �
Mt
os
0
s'S'o
�Fo
R
LOCATION MAP
SHORE DRIVE EASTBOUND
535' WEST OF COAST ARTILLERY ROAD TO
4745' EAST OF COAST ARTILLERY ROAD
1,400 700 0 1,400 Feet
Prepared by P.W/Eng./Eng Support Services Bureau 09/11/2024 X:\CADD\Projects\Arc Files\AGENDA MAPS\SGR Funds for Roadway Paving 2024\
Shore Drive Eastbound 535 west of Coast Artillery Rd to 4745 east of Coast Artillery Road.mxd
sy�RF
0� f z
�� v
SITE �Z O
�G
0
m
SBTN,
U�
8"►�N'gT�
y�
R
m
y BATH SIT,
g3R
D
g2N
L�+
.,BAST gT
� y \
�c
r1 BOTH SS
7gTH:ST.
1
LOCATION MAP
SHORE DRIVE EASTBOUND
4745' EAST OF COAST ARTILLERY ROAD
TO 83RD STREET
1,400 700 0 1,400 Feet
Prepared by P.W/Eng./Eng.Support Services Bureau 09/11/2024 X:\CADD\Projects\Arc Files\AGENDA MAPS\SGR Funds for Roadway Paving 2024\
Shore Drive Eastbound 4745 east of Coast Artillery road to 83rd Street.mxd
Ll
� � �y�• r�,� �� �o r -o L w E
,GOw �.
• a � - O � CMG � v �,1
SITE
pG LJ t✓ v \ 9��� ��3 MILL'D M'RD
A a
IN
va \ i ti 2�a
71
Z, U)
L H lr 7 T
�Z =p►UREL COVE DR -qa ; s �ti
s=TRANT LAKE DR �c5 r�C� c Y £s C
A O� 1 ��
PLEWOOD TRL
� �
4 ,
LOCATION MAP
NORTH GREAT NECK ROAD NORTHBOUND
L COACH LANE TO HARBOR LANE
15 jr
.W d�-� �^
1,400 700 0 1,400 Feet
ROSE HALL DR,
Prepared by P.W./Eng./Eng.Support Services Bureau 09/11/2024 X:\CADD\Projects\Arc Files\AGENDA MAPS\SGR Funds for Roadway Paving 2024\
N Great Neck Road Northbound Coach Ln to Harbor Ln.mxd
,N N
r
S
cCHAMBE NG17-1
ol
Z> r
`�c `CON
F =
ol
° �`� ''� /�ram. �'� .3 w�.✓ �5
NoF�S��`'
� l; r;° 6
U'
v
LA DE
ol
LTA
-) `CEDAR B �` a f \ ' 3
ARK�RD G� �ti �� r C Lf``�� �'1/ n�`'��
U �
p
LA
u C'�j L�v vP D 4•, fir' Ls v OAj `�c, v• ^ /�� \.
1p
LOCATION MAP
NORTH GREAT NECK ROAD NORTHBOUND
ra
°° 3 70 0 • HARBOR LANE TO DEY COVE DRIVE
�
m
L4, v 7a cj
col, r y 1,400 700 0 1,400 Feet
v
Prepared by P.W./Eng./Eng.Support Services Bureau 09/11/2024 X:\CADD\Projects\Arc FilesWGENDA MAPS\SGR Funds for Roadway Paving 2024\
N Great Neck Road Northbound-Harbor Ln to Day Cove Dr.mxd
N
W E
S
D,
SIT �a r�
F
<
AMB G
V, Cj
4� Ej
U
W
SNDRRNAVEN Ll
40
ILA, E 4 G-
L3 YAY 0
olRt
El'
."A
W :V RD
Ini 12
Lj V
011 wv 0 V,
IV
4
.0
LOCATION MAP
NORTH GREAT NECK ROAD SOUTHBOUND
� v �? °s 10"
SHOREHAVEN DRIVE TO MILLWOOD ROAD
77 co 11 rn
0 Rj 1, 1,400 700 0 1,400 Feet
Prepared by PW/Eng./Eng.Support Services Bureau 09/11/2024 XACADD\Prcjects\Arc FilesI,,AGENDA MAPS\SGR Funds for Roadway Paving 2024\
N Great Neck Road Northbound Shorehaven Dr to Millwood Rd.mxd
O
SITE / c `� ; . �� • ��� °�� �' n
k; 2 p Ly f P10 0,9 ` tc�l MILL DAM_RD Ij I]
FAW
r
s `O
F� 1,,n T �Q
y J i t r'1 n o f Ca ✓3 ��1 N C�
�r A {� rn!l
.LLOU
;AURECCOVEDR nir�v�''
EDRl-fl",,-qril
-TRANT�LAKMDLTRL
u t_.-C
L=ANGLWOO _� —� 3, r O� y C� o*O rCJ ��
LOCATION MAP
fq NORTH GREAT NECK ROAD SOUTHBOUND
o � �
�Q MILLWOOD ROAD TO TANGLEWOOD TRAIL
w Le ROSE HALL !
- --_ 1,400 700 0 1,400 Feet
Prepared by P.W./Eng./Eng.Support Services Bureau 09/11/2024 X:\CADD\ProjectsWrc Files\AGENDAMAPS\SGR Funds for Roadway Paving 2024\
N Great Neck Road Northbound Millwood Rd to Tanglewood Trl.mxd
\NA 8�1
to
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Revenue for the Drug Treatment Court
MEETING DATE: October 1, 2024
■ Background: The Virginia Drug Treatment Court Act requires participants in drug
treatment courts to contribute to the cost of substance use treatment. The Virginia Beach
drug treatment court collects a monthly drug court fee of $50 for participation in the
various programs associated with the special court. The fee revenue is intended to offset
the cost of program supplies and activities such as drug court graduations.
The local drug treatment court is a collaboration by the Office of the Commonwealth
Attorney, the Circuit Court, Probation and Parole, Community Corrections, the
Department of Human Services, the Public Defender's Office, the Police Department, the
Sheriffs Office, and the Office of the City Attorney. The goal of this court is to rehabilitate
non-violent felony offenders with a history of substance use and provide them with an
alternative to prison to change their long-term behavior. To qualify for the program,
offenders must reside in Virginia Beach, must have a pending violation of probation, may
not have a violent criminal history, may not have any prior convictions for "possession
with intent to distribute" drugs, and must have a previously suspended jail or prison
sentence exceeding 12 months. On March 1, 2023, the court began collecting fees to
comply with the Virginia Drug Treatment Act.
■ Considerations: The attached ordinance reflects an estimate of fee revenue. If
approved, the funds will be used to purchase supplies, such as binders, dividers, and
card stock paper, along with incentives, such as sobriety medallions. Additionally, this
funding will be used to support graduations to provide cap and gowns, plaques,
commemorative gifts, and refreshments at graduation receptions.
■ Public Information: Normal Council agenda process.
■ Recommendations: Adopt the attached ordinance.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Commonwealth's Attorney's Office of Virginia Beach
City Manager:14V
1 AN ORDINANCE TO APPROPRIATE REVENUE FOR THE
2 DRUG TREATMENT COURT
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 Estimated fee revenue of $5,000 is hereby appropriated, with revenue increased
8 accordingly, to the FY 2024-25 Operating Budget of the Office of the Commonwealth
9 Attorney for the purchase of supplies and to support the operations of the Drug Treatment
10 Court.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services it ney ffice
CA16653
R-1
September 17, 2024
K. PLANNING
1. ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from AG-1 Agricultural to
Conditional R-10 Residential re develop a ten (10) lot single-family subdivision West of
Bluegrass Lane & East of 2044 Aloma Drive DISTRICT 2 (Deferred from July 9, 2024)
RECOMMENDATION: STAFF—DENIAL
PLANNING COMMISSION - APPROVAL
tfV
NOTICE OF PUBLIC HEARING
A Public Hearing of the Virginia Beach City
Council will be held on Tuesday,October 1,
2024 at 6:00 p.m.in the Council Chamber
at City Hell,Building 1,2nd Floor at 2401
Courthouse Drive, Virginia Beach, VA
23456.Members of the public will be able
to observe the City Council meeting
through livestrearning on
https://virginiabeach.gov, 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 with the City Clerk's Office
by calling 757-3854303 prior to
5:00 p.m.on October 1,2024.
2. Download WebEx and view the
meeting at:
httns:/Lpov.webex.cn_m weblink/
register/r8f858585a 5h5g4306g5
9d3e07c4652h5
The following requests are scheduled to be
heard:
Adekoje PJ 22001, LLC (Applicant &
Property Owner)Conditional Rezoning(AG-
1 Agricultural to Conditional R-10
Residential) Addresses: Parcels west of
Bluegrass Lane & east of 2044 Aloma
Drive GPIN(s): 1494389822,
1494389445,1494480354 City Council:
District 2(Henley)
Copies of the proposed plans,ordinances,
amendments and/or resolutions are on file
and may be examined by appointment in
the Planning Department at 2875Sabre
St,Suite 500,Virginia Beach,VA 23452 or
online at https://virginiabeach.gov/pc.For
information call 757-3854621.
If you require a reasonable
accommodation for this meeting due to a
disability,please call the City Clerk's Office
at 757-3854303. If you are hearing
impaired,you can contact Virginia Relay at
711 for TDD service.The meeting will be
broadcast on cable TV,
https://virginiabeach.gov and Facebook
Live.
Please check our website at
httpsV/clerk.virginiabeach.gov/city-
council for the most updated meeting
information.
All interested parties are invited to
participate.
Amanda Barnes,MMC
City Clerk
PILOT - SEPTEMBER 17, 2024 &
SEPTEMBER 24,2024-1 TIME EACH
���� O O f� o a� ,/ O� ��\o ° O �s7.5
7.5
iO I �O > O
188
C3
� � O
AG2
O
O
AG R 1-
O
AG2
N
Site
Property Polygons Adekoje PJ 22001 , LLC W7*- I E
Zoning Parcels west of Bluegrass Lane S
Building & east of 2044 Aloma Drive
Feet
0 4080 160 240 320 400 480
i rc,F
.yYan
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ADEKOJE PJ 22001, LLC [Applicant & Property Owner] Conditional
Rezoning (AG-1 Agricultural to Conditional R-10 Residential) for the
property located west of Bluegrass Lane & east of 2044 Aloma Drive (GPIN
1494389822, 1494389445, 1494480354). COUNCIL DISTRICT 2 (Henley)
MEETING DATE: October 1, 2024 (Deferred at the July 9, 2024 CC Hearing)
■ Background:
The applicant seeks to rezone three parcels totaling 7.5 acres from AG-1
Agricultural District to Conditional R-10 Residential District to develop a ten lot
single-family subdivision with a resulting density of 1.69 units per acre. Proffered
building designs depict a modern style with each dwelling designed to meet green
energy design standards, including rooftop solar panels. On-site amenities include
a pedestrian trail around the stormwater management pond and a small
playground. The site will be accessed via extension of Bluegrass Lane from the
Princess Anne Meadows neighborhood to the east.
The site is located within the 65-70 dB DNL, Sub-Area 2 of the Air Installations
Compatible Use Zones (AICUZ). On August 23, 2022, the applicant met with the
Joint Review Process (JRP) Group who did not object to the request as the
proposed density is consistent with adjacent residential developments. The Master
Transportation Plan (MTP) shows a 300-foot-wide roadway right-of-way known as
the "Southeastern Parkway Greenbelt" through this site; however, the Conceptual
Subdivision Plan only depicts a 140-foot-wide easement for the Coastal Virginia
Offshore Wind project (CVOW).
■ Considerations:
While the proposed development is of high quality and maintains a consistent
density with adjacent residential developments, it does not align with the
recommendations of the Comprehensive Plan, specifically the Master
Transportation Plan (MTP). The MTP calls for a 300-foot-wide right-of-way
reservation for the construction of the Southeastern Parkway and Greenbelt
(SEPG). While the SEPG is no longer being considered for construction as
originally planned, designed Public Works has determined and presented to City
Council that this portion of the SEPG should be retained for a future two-lane
roadway. As currently designed, three of the proposed parcels would be impacted
in their entirety by the proposed alignment, with another single-family parcel and
one of the BMP parcels being partially impacted. Furthermore, the City's Active
Transportation Plan calls for a shared-use path within the same corridor that is also
Adekoje PJ 22001, LLC
Page 2 of 3
not accounted for with this request. Due to the inconsistencies with the Master
Transportation Plan, Staff is recommending denial of the application.
Staff received six letters of opposition to the request from residents along Aloma
Drive and Damascus Trail with concerns of clearing trees and impacts to wildlife.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report.
After the deferral on July 9, 2024, an alternative concept was provided by the
applicant to demonstrate how the property could potentially be developed should
the City acquire a portion of the site for the SEPG. An amended application would
need to be filed and heard by the Planning Commission should the applicant
choose to move forward with the request. The alternative concept plan is attached.
■ Recommendation:
On June 12, 2024, the Planning Commission passed a motion to recommend
approval of this request by a vote of 8 to 3.
Proffer 1:
When the Property is subdivided and developed, it shall have the entrance,
neighborhood identification sign, street section, street trees, minimum front yard
building setbacks, neighborhood playground, and open spaces substantially as
depicted and described on the exhibits entitled, "Green Park Conceptual Master
Plan, Virginia Beach, Virginia" dated April 3, 2024, prepared by Adekoje
Architects, LLC, and "Signage Plan & Elevations, A2.0" dated June 15, 2022,
prepared by Adekoje Architects, LLC, copies of which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter collectively, the "Conceptual Subdivision Plans"), and are
incorporated herein by this reference.
Proffer 2:
When the Property is developed, it will be subdivided into no more than ten (10)
single-family residential building lots. The ten (10) new homes will be built with a
crawlspace or a raised slab foundation and they will contain a minimum of 3,000
square feet of living area and a two (2) car garage. The homes constructed on
Lots 1 through 10 as designated on the Conceptual Subdivision Plan shall have
their front entry facing the street with the architectural features and exterior
building materials substantially as depicted and designated on the exhibits
designated "Green Park Home Elevations pages A1.0, Al.1, A1.2, and A1.3"
dated July 20, 2022, prepared by Adekoje Architects, LLC, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning (hereinafter collectively "Home Elevations"), and
are incorporated herein by this reference.
Adekoje PJ 22001, LLC
Page 3 of 3
Proffer 3:
When the Property is developed, the party of the first part shall record a
Declaration submitting the Lots, parcels, and where applicable any easements
outside the public rights of way to a mandatory membership Home Owners'
Association which shall be responsible for maintaining all open spaces, park
areas, common areas, including any improvements and equipment thereon,
entrance feature signage and other improvements on the Property as depicted
on the Conceptual Subdivision Plan.
Proffer 4:
The final stormwater management plan submitted to the Development Services
Center (DSC) shall be in substantial conformance with the Preliminary Drainage
Study and shall comply with the Stormwater Management Ordinance.
Proffer 5:
Further conditions may be required by the Grantee during detailed Subdivision
review and administration of application City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
■ Attachments:
Staff Report and Disclosure Statements
Location Map
Proffer Agreement
Minutes of Planning Commission Hearing
Letters of Opposition (6)
Alternative Concept Plan
Recommended Action: Staff recommends Denial. Planning Commission recommends
Approval.
Submitting Department/Agency: Planning Department
City Manager•
Item
Applicant & Propertyowner AdekojePJ 22001, ••
Planning Commission Public1 (Deferred•
CouncilCity •
Virginia Beach
Request
Conditional Rezoning (AG-1 Agricultural to
Conditional R-10 Residential)
Staff Recommendation
Denial J �`
saee`y�a �� c
Staff Planner
Hoa N. Dao/Kaitlen Alcock t` �
TwinllowVrLiM �* _•C u +�
Location
Parcels west of Bluegrass Lane &east of 2044 PR
ao
Aloma Drive
GPINs
1494389822, 1494389445, 1494480354
Site Size
7.50 acres
AICUZ \
65-70 dB DNL; Sub-Area 2
Watershed
Southern Rivers �, / .-n•
Existing Land Use and Zoning District
z
Wooded/AG-1 Agricultural � ``T ?
r
Surrounding Land Uses and Zoning Districtsc
North , ' ' + si
Single-family dwellings/R-7.5 Residential
South .. �7«4;
Wooded/AG-1 Agricultural ; ;.
East :
Bluegrass Lane '
Single-family dwellings,wooded/ R-10
Residential,AG-1 Agricultural + `
West ** r?�x, ° ' '
Single-family dwellings,wooded/ R-7.5
Residential
Adekoje P1 22001, LLC
Agenda Item 6
Page 1
Background SummaryofProposal
• This request was deferred at the August 9, 2023 Planning Commission public hearing at the applicant's request;
however, City Council has expressed no interest in acquiring these properties at this time.
• The applicant is choosing to move forward with the rezoning request to rezone three parcels totaling 7.50 acres
from AG-1 Agricultural District to Conditional R-10 Residential District for the development of ten single-family
residential lots, resulting in a density of 1.69 units per acre. Since the August 9, 2023 Planning Commission hearing,
the applicant provided Staff with a revised concept plan to show additional onsite wetlands and an updated proffer
agreement.
• Access to the site will be via the extension of Bluegrass Lane from the Princess Anne Meadows neighborhood to the
east.
• The Master Transportation Plan (MTP), a component of the Comprehensive Plan, shows a 300-foot wide roadway
known as the "Southeastern Parkway and Greenbelt"through this site.The Conceptual Subdivision Plan depicts a
140-foot-wide easement for the Coastal Virginia Offshore Wind project (CVOW) instead of the 300-foot reservation
required by the MTP.
• The site is located within the 65-70 dB DNL,Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). On
August 23, 2022,the applicant met with the Joint Review Process (JRP) Group to discuss the proposed project. The
Zoning Ordinance states that applications for rezonings for residential uses may be approved if they are at a density
that is similar to or less than that of surrounding properties and that conform to the applicable provisions of the
Comprehensive Plan. While the proposal does not conform with the recommendations of the MTP, it does conform
with the density of the surrounding area. Since the JRP Group mainly reviews matters related to density and
compatible uses,the JRP Group did not object to this request.
• The proffered building designs depict a modern style with exterior fagades consisting primarily of EIFS, stone veneer,
board and batten siding,and glass.
• According to the applicant, each dwelling will be built to meet green energy design standards, including rooftop
solar panels.
• A six-foot tall monument style sign with a stone veneer base is proposed at the entrance of the community on
Bluegrass Lane. It will be appropriately landscaped as required by the Zoning Ordinance.
• Proposed on-site amenities include a pedestrian trail around the stormwater management pond and a small
playground.
Adekoje PJ 22001, LLC
Agenda Item 6
Page 2
�D�• O/ 0 O � AGz
Q.
Zoning History
P r..
9 # Request
AGz 1 MDP Approved 11/20/2018
CRZ(AG-1 to Conditional R-10)Approved 11/20/2018
CRZ(AG-1&AG-2 to Conditional R-10)Approved
01/05/2016
2 SVR Approved 01/09/2007
3 CRZ(AG-2 to Conditional R-6)Approved 06/08/1987
AGt V
0
AG] /1
Application Types
CUP—Conditional Use Permit MDC—ModificationofConditions 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—AlternativeCompliance STR—Short Term Rental
Evaluation : Recommendation
Staff is recommending denial of this rezoning request as proposed since it does not align with the recommendations of
the Comprehensive Plan.While the proposed density of 1.69 units per acre is compatible with the surrounding
residential density as required for property located within the 65-70 dB DNL,Sub-Area 2 of the Air Installations
Compatible Use Zones(AICUZ),the proposed development does not conform with recommendations of the
Comprehensive Plan,specifically the Master Transportation Plan (MTP). The MTP,a component of the Comprehensive
Plan,calls for a 300-foot wide roadway reservation for the construction of the Southeastern Parkway and Greenbelt
(SEPG)through this site. While Staff and the City Council has acknowledged that there is not a need for the construction
of the full SEPG as it is currently shown on the City's Master Transportation Plan, Public Works has determined this
portion of the SEPG alignment should be retained for a future two-lane roadway alignment from Indian River Road to
Holland Road with an active transportation component. The Dominion Energy Coastal Virginia Offshore Wind (CVOW)
project will use part of the 300-foot right-of-way alignment and the remaining portion of the alignment would be
needed for the future roadway. The Conceptual Subdivision Plan depicts a 140-foot-wide easement for the CVOW
project with no additional area for the future roadway,which poses a significant issue if the City intends to preserve the
SEPG corridor as a future transportation corridor.
Information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity
and the additional students generated by this residential subdivision will be within the acceptable threshold for
increases in student population.
The proffered Conceptual Subdivision Plan shows two stormwater retention ponds on the eastern side of the
development.A Preliminary Drainage Study was submitted for review and Staff agrees it has the ability to successfully
comply with the stormwater requirements. Final design will be made during site plan submittal to ensure conformance
with all requirements set forth in the Public Works Design Standards Manual.
As there is a public need to retain the entire 300-foot reservation to accommodate the future roadway and CVOW
easement and construction of the homes would impede the City's ability to accommodate a two-lane arterial roadway
and shared use path through this site,Staff is recommending denial of this request.Should the Planning Commission
contemplate a recommendation for approval,a list of proffers is provided below for consideration.
Adekoje PJ 22001, LLC
Agenda Item 6
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 the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign,street
section,street trees, minimum front yard building setbacks, neighborhood playground,and open spaces substantially as
depicted and described on the exhibits entitled, "Green Park Conceptual Master Plan,Virginia Beach,Virginia" dated
April 3, 2024, prepared by Adekoje Architects, LLC,and "Signage Plan &Elevations,A2.0" dated June 15, 2022, prepared
by Adekoje Architects, LLC,copies of which have been exhibited to the Virginia Beach City Council and are on file with
the Virginia Beach Department of Planning(hereinafter collectively,the"Conceptual Subdivision Plans"), and are
incorporated herein by this reference.
Proffer 2:
When the Property is developed, it will be subdivided into no more than ten (10)single-family residential building lots.
The ten (10) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of
3,000 square feet of living area and a two (2)car garage. The homes constructed on Lots 1 through 10 as designated on
the Conceptual Subdivision Plan shall have their front entry facing the street with the architectural features and exterior
building materials substantially as depicted and designated on the exhibits designated "Green Park Home Elevations
pages A1.0,A1.1,A1.2,and A1.3" dated July 20,2022, prepared by Adekoje Architects, LLC,which have been exhibited
to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter collectively
"Home Elevations"), and are incorporated herein by this reference.
Proffer 3:
When the Property is developed,the party of the first part shall record a Declaration submitting the Lots, parcels, and
where applicable any easements outside the public rights of way to a mandatory membership Home Owners'
Association which shall be responsible for maintaining all open spaces, park areas, common areas, including any
improvements and equipment thereon,entrance feature signage and other improvements on the Property as depicted
on the Conceptual Subdivision Plan.
Proffer 4:
The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial
conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance.
Proffer 5:
Further conditions may be required by the Grantee during detailed Subdivision review and administration of application
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 should the City Council choose
to approve the proposal.
Adekoje PJ 22001, LLC
Agenda Item 6
Page 4
Comprehensive Plan Recommendations
The Comprehensive Plan recognizes this site as being within the Suburban Focus Area (SFA) 2.1—North Courthouse,
which calls for developments to complement the Municipal Center to the south, with significant landscape buffers and
open space as part of the site design.The site lies within the 65-70 dB noise zone and Sub-Area 2 of the AICUZ.The
proposal conflicts with the Comprehensive Plan's Master Transportation Plan,which shows a 300-foot wide segment of
the Southeastern Parkway and Greenbelt passing through the subject property.Constructing homes within the
alignment would conflict with the city's ability to accommodate a planned two-lane arterial roadway,shared use path,
and wind energy utility corridor in the future.
ResourcesNatural & Cultural •
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.
No historical or cultural resources would be affected by this proposal.
Traffic Impacts/Transportation
Street Name Present Volume Present Capacity Generated Traffic
Bluegrass Lane No Data Available
Existing Land Use 2-10 ADT
Princess Anne Road 30,878ADTl 39,700 ADT'(LOS""D") Proposed Land Use 3-100 ADT
'Average Daily Trips Z as defined by a single-family 3 as defined by ten single-family 4 LOS=Level of Service
dwelling dwellings
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
Bluegrass Lane is a two-lane residential street in the Princess Anne Meadows subdivision that currently terminates at
the eastern edge of the subject property. The subdivision is proposed to extend Bluegrass Lane so that all ten homes
would have access from this extension.The Princess Anne Meadows subdivision has only one access point at Princess
Anne Road.
Princess Anne Road has a four-lane divided typical section with parallel multi-use trails.There are no projects in the CIP
to improve Princess Anne Road in the area of this rezoning application.
A portion of the subject property is located within the 300-foot wide alignment for the Southeastern Parkway and
Greenbelt(SEPG). While City Council has acknowledged that there is not a need for the construction of the full SEPG as
it is currently included on the City's Master Transportation Plan, Public Works has determined this portion of SEPG right-
of-way alignment should be retained for a future two-lane roadway with an active transportation component.The
Dominion Energy Wind Energy(CVOW) project is anticipated to use part of the 300-foot SEPG right-of-way alignment,
and the Applicant has reserved this area as shown on the Conceptual Plan. This proposed development as shown on the
Conceptual Plan would hinder the City's ability to preserve the SEPG corridor as a future transportation corridor.
Adekoje PJ 22001, LLC
Agenda Item 6
Page 5
Active Transportation Plan
The Active Transportation Plan recommends the incorporation of a shared use path within the alignment of the
Southeastern Parkway and Greenbelt. According to the Plan, shared use paths are typically 11-feet wide or greater and
provide a physical buffer from vehicle traffic.
Stormwater •
Project Stormwater Design Staff Summary
This project consists of the construction of a single-family subdivision, including 10 lots. In addition to the lots,this
project will include associated right-of-way improvements and a stormwater management facility to support the
proposed development.
Stormwater runoff from the site currently sheet flows east towards an existing public drainage ditch. Stormwater runoff
from the proposed buildings and right-of-way improvements will be collected into a wet pond that will treat for both
water quality and water quantity before discharging into the existing public drainage ditch to the east.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 MSA in the Preliminary Drainage Study,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. More detailed project stormwater information is listed below.
Project Information
Total project area:7.50 acres
Pre-Development impervious area: 0.00 acres
Post-Development impervious area:2.17 acres
Stormwater Management Facility Design Information
Type of facility proposed:Wet pond
Description of outfall:Stormwater runoff from the site that enters into the Stormwater Management Facility will
discharge into the existing public drainage ditch to the east.
Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site
drains through a series of public pipes and ditches east into West Neck Creek, into the North Landing River, and
ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean.
Public
Water
City water must be extended to service the proposed lots.There are eight-inch City water mains along Bluegrass Lane
and Aloma Drive.
Sewer
City sanitary sewer must be extended to service the proposed lots.There are eight-inch City sanitary sewer gravity main
along Bluegrass Lane and Aloma Drive.
Adekoje PJ 22001, LLC
Agenda Item 6
Page 6
School Impacts
School Current Enrollment Capacity Generation 1 Change 2
Christopher Farms Elementary 651 students 669 students 3 students 2 students
Landstown Middle 1,338 students 1,424 students 1 student 1 student
Landstown High 2,185 students 2,354 students 2 students 2 students
I"Generation"represents the number of students that the development will add to the school.
z"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under
the proposed zoning. The number can be positive(additional students)or negative(fewer students).
Public Outreach Information
Planning Commission
• Three letters of opposition have been received by Staff noting concerns related to loss of wildlife habitat,
flooding,and traffic congression.
• As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 13, 2024.
• As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and
June 5, 2024.
• As required by City Code,the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on May 24, 2024.
• This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's
webpage of https://virginiabeach.gov/pc on June 6, 2024.
City Council
• As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,September 17, 2024 and
September 24, 2024.
• 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 September 16, 2024.
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://clerk.virginiabeach.gov/city-council on September 27, 2024.
Adekoje PJ 22001, LLC
Agenda Item 6
Page 7
Proposed Subdivision
� s 6
ti € qq
a.
' co'
W N
NN y E
I
- - r
M
t � �
�y
G
Adekoje PJ 22001, LLC
Agenda Item 6
Page 8
GREEN PARK
,,,,��?ytual Master Plan
V,,g,,,*Reach VA 23453
—mv w4. 7tfS"DATA
Cora
W woo 491:9
9A4K3540=
'oo TIM 9%Amw 2750.,
Sk A—E.AA&Ig Ee a $11. ±592.1
AGI
nv
uj
01w P—MR zwev R-10
wo too -ea. Pmp".d u. Sings F.*R.,ft"
We LN ARIS
kin L.1 WIft
Sobed 3o,
ID,
00-- 140, 29
opmomphaiftd 123.c ar X"%
—1h and O�fw—d
DN" I 89
il,39 Aped TOW
A
-10
Proposed Community Signage
jj
it
AdekojeP] 22UOl, LL[
Agenda |tem6
Page1U
Proposed Elevation
FRONT ELEVATION-HOUSE 1
A'
FRA
y{
FRONT ELEVATION•HOUSE 7
b >'W
FRONT ELEVATION-HOUSE S
i
FRONT ELEVATION-HOUSE 4
Adekoje PJ 22001, LLC
Agenda Item 6
Page 11
Proposed Elevation
a
FRONT ELEVATION-HOUSE S
�tr•. �r�
wy'
f -
=a' = 8k
FRONT ELEVATION-HOUSE{
FROM ELEVATION-HOUSE 7
FRONT ELEVATION•HOLISE
Adekoje PJ 22001, LLC
Agenda Item 6
Page 12
Proposed Renderings
7r •�.+k � R�#.mow
�d
i
House 1
r
Sal.
:.
��:.10 1 N.LI'll+nvEr+ROAD Suite 203.—011:1 BG—"R—23452.PHONE:757-737-7409 Fwx:757-340-u'.:'+_ House •�
Proposed Renderings
lo
p•
f" N.L r.---ROeD 5—203,NwC N-B—.-.Vr-1—21452.a' C 757-737-7469 —:757.340.604E House
csai0 9 S-.G�:S.AFL 4 I'll>3EG,afire. 5:ti ..+iJ-x ::iS.Gx ff%'y :.GES
7 r.�
J:
G
�.101 N.LvnHHnvEN ROgo Such 203.Viacuaiq Buc�+,VIgplNiq 23452.vr+a�+e:757"737"7469 House 4
—:757"340-ti r"
Proposed Renderings
_ G
l�
,� �.,.�,.�.,��z��„s.,r..�,, �,��,�..�,r«.. �,A�,�,�:,s..� P..��, .,..; ,,•�.,.,.,.� ,. House 5
a.
O� ,
House 6
:.181 N.LYNNHgVEN R.—S.— 'R.I...BEgcw,Viwoiv�.q 23452.vror�[:'l5')-'13 -'17489 Fqx:']5')-34B--B09❑
Proposed Renderings
h, WL
k
x
•1•
fit• � _ »-,
Ifllllllllilllil 'JI .. � C] _ r�.k j :�`,
House 7
r}
01
mom
1 ,
E,
'.101 N.Lrnrvr�nvCr�ROM 5.1.203. Vi.1-234 -7409 FNc:757-340-8090
Site Photo
� � .M�I.r\2'.�yc ���h i }S"t}aUs- � ��,":py'-'" C•H y ;'F.
t�� �.tf, a aka 'N t u, ♦ �yx r�`'a�f,,, ,F
x 7!7777- ,
Adekoje PJ 22001,
Agenda
Disclosure
Disclosure Statement
Planning&Community
Development
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is 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 Adekoje PJ 22001, LLC
Does the applicant have a representative? A Yes ❑ No
• If yes,list the name of the representative.
Mark R.Garrett,Jr.Esq.&R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
BABATUNDE ADEKOJE-Member,OLUGBENGA MAXWELL ADEKOJE-Member, ADEDIMEJI OMIKUNLE-Member,DUKE K.
QUARSHIE-Member,CANDICE K.BARNES-Member
• 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,(d)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101,
11 ,
Adekoje PJ 22001, LLC
Agenda Item 6
Page 18
Disclosure
Disclosure Statement
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 N 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 IN No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes L 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 0 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?S Yes ❑ No
• If yes,identify the firm and individual providing the service.
Adekoje Architects LLC,Babatunde Adekoje,President
S. Is there any other pending or proposed purchaser of the subject property?❑Yes P No
• If yes,identify the purchaser and purchaser's service providers.
21
Adekoje PJ 22001, LLC
Agenda Item 6
Page 19
Disclosure
Disclosure Statement
Planning&Community
Development
a�4
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?I Yes ❑NO
• If yes,identify the company and individual providing the service.
Adekoje Construction LLC,Babatunde Adekoje,President
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
• Ifyes,identify the firm and individual providing the service.
MSA,P.C.,C.Scott Acey,PE,NSPE
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.
Sykes,Bourdon,Ahern&Levy,P.C.,Mark R.Garrett,Esq.&R.Edward Bourdon,Jr.,Esq.
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
Babatunde Adekoje,President
Print Na a and Title
Date
Is the applicant also the owner of the subject property? ®Yes ❑ No
• If yes,you do not need to fill out the owner disclosure statement.
• •
that pertains to the applications
El NoNo changes as of 0 Signature
9/19/2024 !�.'��•�
Vrint Name Marchelle L.Coleman
Revised 11.09-2020 3 1
Adekoje PJ 22001, LLC
Agenda Item 6
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 757-385-5692.
• 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.
Adekoje PJ 22001, LLC
Agenda Item 6
Page 21
�1NI''$FAc
04 G�
CITY OF VIRGINIA BEACH
v INTER-OFFICE CORRESPONDENCE
y 2
OF DUR NP110
N
In Reply Refer To Our File No. DF-10847
DATE: September 20, 2024
TO: Mark D. Stiles DEPT: City Attorney
FROM: Victoria Eisenberg DEPT: City Attorney
RE: Conditional Zoning Application; Adekoje PJ 22001, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 1, 2024. 1 have reviewed the subject proffer agreement, dated
April 22, 2024 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
VRE/ka
Enclosure
cc: City Manager
ADEKOJE PJ 22001, LLC,a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 27- day of 4,.' 1 2024,by and between ADEKOJE
PJ 22001, LLC,a Virginia limited liability company,parity of the first part, Grantor;and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the
second part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of three parcels of land located in the
Princess Anne District of the City of Virginia Beach containing approximately+/- 7.5 acres which
are more particularly described on Exhibit "A" attached hereto and incorporated herein by this
reference. Said parcels are herein referred to as the "Property"; and
WHEREAS,the party of the first part,as owner of the Property,has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to
the Grantee so as to change the Zoning Classification of the Property from AG-1 Agricultural
District to Conditional R-10 Residential District; and
WHEREAS,the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation;and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
GPIN: PARCEL ONE 1494-38-9822-0000
PARCEL TWO 1494-48-0354-0000
PARCEL THREE 1494-38-9445-0000
Prepared by:
Mark R.Garrett,Esq.,VSB#96982
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
are not generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantors'rezoning application gives rise;and
WHEREAS, the Grantor has voluntarily proffered,in writing, in advance of and prior to
the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for the Residential District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation,and use of the Property to be adopted as apart of said amendment to the Zoning Map
relative and applicable to the Property,which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
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 or ro -qua,for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby make the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantors, their successors, personal representatives, assigns, grantees, and other
successors in interest or title:
I. When the Property is subdivided and developed, it shall have the entrance,
neighborhood identification sign, street section, street trees, minimum front yard building
setbacks,neighborhood playground,and open spaces substantially as depicted and described on
the exhibits entitled, "Green Park Conceptual Master Plan,Virginia Beach, Virginia"dated April
3, 2024,prepared by Adekoje Architects, LLC, and "Signage Plan& Elevations,A2.0"dated June
15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter collectively, the "Conceptual Subdivision Plans'), and are incorporated herein by
this reference.
2. When the Property is developed,it will be subdivided into no more than ten(10)
single family residential building lots. The ten (10) new homes will be built with a crawlspace
or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area
and a two (2) car garage. The homes constructed on Lots 1 through 10 as designated on the
2
Conceptual Subdivision Plan shall have their front entry facing the street with the architectural
features and exterior building materials substantially as depicted and designated on the exhibits
designated "Green Park Home Elevations pages A1.0,A1.1,A1.2, and A1.3" dated July 20,2022,
prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning(hereinafter collectively
"Home Elevations"),and are incorporated herein by this reference.
3. When the Property is developed, the party of the first part shall record a
Declaration submitting the Lots,parcels,and where applicable any easements outside the public
rights of way to a mandatory membership Home Owners'Association which shall be responsible
for maintaining all open spaces, park areas, common areas, including any improvements and
equipment thereon, entrance feature signage and other improvements on the Property as
depicted on the Conceptual Subdivision Plan.
4. The final stormwater management plan submitted to the Development Services
Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall
comply with the Stormwater Management Ordinance.
5. Further conditions may be required by the Grantee during detailed Subdivision
review and administration of applicable City Codes by all cognizant•City agencies and
departments to meet all applicable City Code requirements.
The above conditions,having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, 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 Property at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
3
said instrument as conclusive evidence of such consent, and if not so recorded,said instrument
shall be void.
The Grantor covenant and agree 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 and restrictions, including the
authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and
(b)to bring legal action or suit to insure compliance with such conditions,including mandatory
or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding;
(2) The failure to meet all conditions and restrictions 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 these
provisions, the Grantors shall petition the governing body for the review thereof prior to
instituting proceedings in court;and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and 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 Grantors
and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
ADEKOJE PJ 22001, LLC, a Virginia limited liability
company
By: (SEAL)
Babatunde Adekoje, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this Z?,nd day of r
2024, by Babatunde Adekoje, President of ADEKOJE PJ 22001, LLC, a Virginia limited liability
company, Grantor.
Notary Public ,,��puaq'��••
E •
My Commission Expires: 1-31- 20 2.5 ;��P oNw CG•'�.
Notary Registration Number: Iq'�4 3O v p�
s>- 197430 z
I was cownisWoned as Cr"G.Ferguson sg�g ti �v�pO ���'�•=
�f'•+�,��RY PN�i��
5
EXHIBIT "A"
Parcels 1 &2:
ALL THAT certain tract, piece or parcel of land, formerly situate, lying and being in Seaboard
Magisterial District, Princess Anne County, Virginia, now in the City of Virginia Beach, Virginia,
and being a part of the land which John T. Brown resided and described on a plat made by E.E.
Burroughs as follows:
BEGINNING at post in Gould's line and running S 81 E. 7.00 post,S 4 E. 1400 S 81 Y2 E.6.44 Ditch,
S. 19 W 6.29 Ditch N. 60 3/4 W. 1088 N. 27 (1/4 E. 352 N. 21 Y4 W 15.92 to the beginning and is
described in said plat as containing nine (9) acres,more or less.
LESS and EXCEPT those portions of property conveyed by deeds recorded in Deed Book 658 at
page 497,Deed Book 1090 at page 210 and in Instrument Number 20181219001039750.
GPINs: 1494-38-9822-0000; 1494-48-0354-0000
Parcel 3:
ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, formerly known as Seaboard Magisterial District and Princess Anne County, Virginia,
and designated as Parcel B containing 1.75 acres, more or less, on the Subdivision Bowen River
as shown on the Plat of William C. Etheridge and Herman and Vernell Rodgers,duly of record in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 83 at
Page 9,together with the building thereon.
GPIN: 1494-38-9445-0000
6
GREEN PARK
r ` "-_. ` 526. Con, tual Master Plan
_ 5 Bluegrass Lane, Virginia Beach VA 23453
1kttm OF , 37LCFr3L-IF '; ' WEa►Ta
WIF 2
os+aar 1 1 Iti GPIN: 1494311198220000
1 ( wrr 14943884450000
trssasOF i 14944803540000
ToW Sfb Area: 0.50 a c
Site Aron Excluding Essemat Area t5.92 a c
currentZanfrlg: AG1
Plopoad Zo ft R-10
—
1 n Auor .umosr ""` Proposed Use-, Stn&FamNy Rasidenpl
Lore
ne eos ar pin lot Arse: 10,000 s.t.
Mn Lot Width: w
&. 1 ced FW Sad)sck: 30
Side Seroecit: 19
Rear SeUM 20'
W! -
-- ToW Lot Proposed 10
$ Open Space Provided: t123 s.c or 20.TT%
(Includes 1 s.c.SW b IN
WA and pwffwd.
to
asc° 1.69
ivr ro 1t}o� Wetlands t138 Asa ToW
�& �• // � sneer '#
LOT. ! • dJ.5rU 5i
�I .w,rr ofwua
TYPICAL SECnON (50•
.n I
i
Virginia Beach Planning Commission
June 12, 2024, Public Meeting
Agenda Item # 6
Adekoje PJ 22001, LLC
RECOMMENDED FOR APPROVAL
Clerk: Agenda Item #6, Adekoje PJ 22001, LLC is a request for a conditional
rezoning from AG-1 Agricultural to Conditional R-10 Residential at the
parcels west of Bluegrass Lane and east of 2044 Aloma Drive in District 2.
Mr. Bourdon: Chairman, Members of the Commission, Eddie Bourdon, Virginia Beach
Attorney. I'm here representing Tunde Adekoje who is with us this
afternoon. Tunde is a local architect, a very accomplished one, and this is
a unique proposal to construct, develop, and construct 10 homes on 7.5
acres, an extension of Blue Grass Lane at the back of the Princess Anne
Meadows subdivision on a piece of property that is essentially surrounded
by residential development of greater, slightly, but in every case greater
densities than what is proposed here. The staff report indicates it's 1.69
units per acre, but my math on a 10 unit subdivision on 7.5 acres, it comes
out a little bit less than that. I think it's 1.25 units per acre, but it's not high
density by any stretch of the imagination. It is in a noise zone,and it is also
completely consistent with our policies with regard to NAS Oceana,and the
Joint Review Committee has so opined. The application is also with one
exception, completely consistent with our comprehensive land use plan.
The proposal is for a green development. These homes, which all will be
designed and built by the applicant for sale will be entitled to be high grade
LEED certified if anyone wants to submit for LEED certification.
Everything about it is futuristic. The project would be unique to Virginia
Beach and something that we, I think, as a city should be attempting to
encourage looking forward, and that includes trees and greenery. The trees
on the site, obviously, Dominion Power has come in and cleared 140 foot
easement for the wind energy project, which I'll talk about a little bit, but
the rest of the property that would be developed to the greatest degree
possible, the trees on the property would be retained. Obviously, we all
know from a storm drainage perspective that it does require some trees to
be removed,but it's not the applicant's intent to remove the first tree beyond
what is absolutely necessary in order to develop these 10 lots with 10 houses
on them. The property has no wetlands on it that are defined as such by the
City of Virginia Beach, is entirely developable land, and the DEQ has
approved any impacts to what would be core defined,non-upland,non-tidal
wetlands,and under the Sackett decision,there's no connection to any body
of water. So any concerns that none of this property or some of this property
is developable or not valid, not accurate. The issue that is before us today,
we have done everything we can do to try to avoid,but unfortunately that's
become unavoidable that we come forward and move this process along.
The subject property is bisected by on paper a road initially called the
Southeastern Expressway. It was first put on the Master Transportation
Plan in 1991. It was discussed for a couple of years or so prior to that time.
Initially, it was a 150-foot wide right of way. A number of years later, in
order to curry favor with the federal government for funding purposes, it
was expanded to a 300-foot right of way with a southeastern Parkway and
Greenbelt name given to it. Now 33 years later, 33 years that this property
has been subjected to this idea that somewhere along the line is going to be
a road put through, no effort made to acquire, you know, any right of way
on the property, we've jettisoned the Southeastern Parkway and Greenbelt,
and the city owns right of way on both sides of this property too, by the
way. So the city now wants to have a two lane road from Holland Road to
Indian River Road,which,I do understand that aspect of this,but a two lane
road does not require a 160 foot wide right of way. In Town Center,
Virginia Beach Boulevard, Independence Boulevard, those right of ways
are 120 foot wide. So, we need a 160 foot right of way to build a two-lane
road? No, we do not. We absolutely do not. You build a two-lane road
with a multi-purpose trail, and all the bells and whistles you might want in
a 70-foot right of way without a problem at all. Now,this morning,I think
the world of Ric Loman, one of the best people we have working for the
city,and he was very honest. He said exactly what I intended to say. There's
no idea when that two-lane road is ever going to get built. We don't know.
I frankly don't think I'll live long enough to see it get built. So,once again,
we have a piece of property that has been subjected to this idea that there's
going to be a big road put through it that we now know isn't going to happen,
and we can't do anything with the property. So, an approval today, a
recommendation for approval today, will put the onus where it belongs on
the City of Virginia Beach to make a determination. Do they want the right
of way through here or not? How much do they really need? So I'll go back
to Dominion Power, the wind energy project has only been around for
between five and six years. What did Dominion Power do? They came out
to, we need an easement across your property, 140-feet wide, we're gonna
pay for you for it. They did just that. It is just, it is, again, I'm the biggest
fan of Virginia Beach. I'm born and raised here,and everybody knows,I'm
a cheerleader,but this isn't the way you run a railroad. If the city desires to
have a 70-foot right of way through here, so that one day or whatever,
whatever the right of way width is for that matter. That one day we'll be
able to put a two-lane road here, then step up to the plate. But when this
road was originally conceived, all this area, interfacility traffic area, et
cetera, et cetera most of that did not exist. Almost all of it didn't exist. It
wasn't until after the year 2000, the MOU and all the deal with BRAC,that
we did all these things to protect,and this perfect timing,you got to hear all
about it this morning from Diane Hicks. Okay, that's why this road, that's
one of the reasons why this big old road is no longer really necessary, and
it's also because there's not going to be much development in the inner
facility traffic area other than open space, recreational, etc. So, again, I'm
not here to tell you that that road will never be needed, but the chances that
most of us will live long enough to see when it's needed is pretty remote.
Should the city get some right of way for that potential day? Sure. If they
want it,but you can't tell somebody that's been sitting here. Now,my client
hasn't owned this for the entire,you know,33 years,but the previous owners
were saddled with this. It's, again, nothing stopping the city during the
subdivision review process that, as we all know with stormwater, will take
another year,that they can come in and figure out what, if they want a right
of way. No one's going to build a house on these lots if it's where the city
wants a right of way and they're willing to make a motion, allocate the
money,buy the property for the right of way, but it is not equitable. I don't
think it's, frankly, constitutional to sit there and just tell somebody, sorry,
you know, you're stuck for the next 50 years. You can't do anything with
your property. So I don't think anybody can deny it's a good application, a
good project, it's consistent with everything in our comprehensive plan,
except for a road that has been on the master transportation plan for 33
years,has now been jettisoned and the city wants some type of road to take
its place. Again,the city is perfectly within its rights to,to put that in place,
but they've got to come out, step up and do something, and that's what we
did last August when we deferred this case. We thought that council would
step up and that they would figure out what kind of right of way they want,
and deal with it, and so we can move forward.
Mr. Alcaraz: Any questions for Mr. Bourdon?
Ms. Byler: Mr. Bourdon,you've made your position regarding the road loud and clear.
What's your position on the cross city shared use path that is supposed to go
through there in one or of two places.
Mr. Bourdon: I completely concur. There should be, no one's suggesting that there
shouldn't be a multipurpose trail and some landscaping around it. That's
why I said 70 feet, because 70 feet's more than enough, because you don't,
two lanes of road are 24 feet. You can have nice median,you can have nice
landscape,but again,that's really the city's determination,but you certainly
don't need 160 feet of right of way for a two-lane road by any stretch of the
imagination and a multipurpose trail. There's also, the Virginia power
easement that, you know, none of the property is on, but it comes right up
to that, and that's where there also should be a trail, but that has nothing to
do with this application, but that's the north south part. If you look at the,
what's up there on the far left side,which would be the west side,those two
lines that run parallel, and bisect the dotted red lines. That's used to be the
railroad line went all the way down to Munden Point Park, and that's an
existing easement. In fact, to the north,there is a private road that runs up
that was done back before we ever had a subdivision ordinance. It's a road
that comes in off of Princess Anne Road right at the access to Princess Anne
Meadows, and then comes and goes up to some properties further to the to
the northwest, but that has always been for many years, has been in the
comp plan to put a trail down it, but some of the neighborhoods,especially
to the south, Christopher Farms and all, have opposed that. But we have,
again, my client is not trying to stand in the way of the city acquiring a
reasonable amount of right of way to include,you know, a trail. He has no
issues with that and he has no issues with it coming to his neighborhood
whatsoever, but 160 feet of right of way and no effort made to acquire the
property for 33 years is,you know,patience has run out.
Mr. Byler: Thank you.
Mr. Plumlee: Mr.Bourdon,you indicated you took an indefinite deferral and worked with
staff in the city to see if there was interest in defining this. I take that to
mean, and I ask this question in the informal, has there ever been a motion
passed by our legislative body for the road that that public works is talking
about to your knowledge?
Mr. Bourdon: To my knowledge, no. There's not. To my knowledge,you know, council
I was told, was briefed, it's been some time ago, but because it's an
acquisition issue. It's in closed session. But council's been briefed about it,
and what I heard back was,you know,there's no money.
Mr. Plumlee: I take my oath of office very seriously, when we are asked to defend the
Constitution. I went back and read Article 1, Section 11 of our state
constitution, which was updated not that long ago when that big case out of
Boston came through on a takings, and it says specifically, no more private
property may be taken than necessary to achieve the stated purpose, and
here, we don't have a defined area that I've heard yet, and we don't have a
stated purpose by the authorized legislated body that can perform a taking.
So that troubles me. Can you address that?
Mr. Bourdon: Can I address that? I think you already have, Mr. Plumlee. I don't think, I
can add a lot of substance to what you said. It's, totally my understanding
and has been from, you know, for decades. So again, as I said, my advice
to our client has been from day one, let's work with the city,you know, let's,
you know, we're not trying to get in the way of something that's necessary,
but at this point.
Mr. Plumlee: But this was the same applicant as of last year?
Mr. Bourdon: Right. This has been in process. We've been through the stormwater
process. We've been in, yes, we've been in process for this for going on
four years and we've tried to give the city,and the city still has opportunity,
you know, to acquire, you know, we're not, this doesn't foreclose the city's
ability to determine they need X number of feet or right away to do what
they wish in the future within this area, including all 160 feet if that's what
they want to do, but you can't condemn somebody's property that, you
know,just sit there and can't do anything with it. That's our problem, let's
just make a decision, not this body, but city council needs to make a
decision, but you're absolutely correct, and I'm not, and we're not here, my
client's not here trying to threaten anybody, we just, we want to try to be
able to have a reasonable use of the property, and put it to reasonable use
and in a beneficial way all the way around.
Mr. Alcaraz: All right, thank you. Mr. Parks?
Mr. Parks: As an architect, I can appreciate the renderings of the houses, but my
concern after hearing the briefing this morning is in the TA and the ITA
areas. There is a defined pattern book, and what is being proposed does not
seem to be matching the area around it.
Mr. Bourdon: Well,this is not in the Interfacility Traffic Area to be clear. The Interfacility
Traffic Area is on the west side, southwest side of Princess Anne Road. So
this is not in the ITA or Transition Area. Okay,this is good old,you know,
Virginia Beach. It's just, it has the AICUZ issue with the noise zone, but it
doesn't have anything to do with the Interfacility Area guidelines that Diane
was speaking about this morning,and I kind of went through that and didn't
make that distinction. It's that, but this road, I may, I brought that into it
because the road is designed to provide access from Holland, Princess Anne,
and then from Princess Anne, to Salem, and then to Indian River. That's
what they want to have. I mean, again,there's no design for a road, and that
area isn't going to develop other than a 1 per 15, okay? If any, and it won't
be partly any residential,and so that lack of development potential is one of
the reasons why they don't need much of a road and it's not going to have
carry a lot of traffic, but this piece is not in the ITA, but the road goes
through the ITA.
Mr. Parks: Understood. Just knowing that area, the design that's going in there,
obviously this isn't the body to debate this on. I'm just saying,I don't believe
it fits the character of the area it's going into, and again I appreciate the
modern design as an architect. I know there's ways to,to do green building,
sustainable building,but also make it fit the neighborhood that surrounds it.
Mr. Bourdon: Well, the neighborhood that where access is through, this is not in the
middle of the neighborhood. It's off on its own, at the end of an existing
dead end street, dead end cul-de-sac, because they knew this property was
developable and the developers of the neighborhood actually sold one of the
three parcels to my client for this development. So it really does not have,
it's not like it's sitting at the entrance of the neighborhood, and you're going
through one to get the, it is at the tail end on its own separate cul-de-sac. So
it is modern and it is unique, and I don't believe that, I'm not aware of
opposition from the folks that you all saw this morning. They're in a totally
different neighborhood to the north, so I don't believe that Princess Anne
Meadows is opposed to this application because I don't really think it
impacts them other than the homes will have cars that drive through their
neighborhood to get to Princess Anne Road,but it's really,it is its own little
separate enclave. I'm not going to argue that the houses are the same as
those in Princess Anne Meadows,but I think if it were somewhere else other
than where it is, then it would have a potential impact, but the houses will,
again, the houses in Princess Anne, Meadows are wonderful houses and
they're not inexpensive. These will not hurt their dollar value assessments.
I can assure you that they will because of the circumstance of it to do a
homes like these,there's more cost involved and there's going to be a higher
sales price. I don't think anybody would argue the contrary.
Mr. Alcaraz: Mr. Coston,go ahead.
Mr. Coston: I have difficulty with the city holding the property forever and a day now.
I lived through the Southeastern Project. My neighborhood was at the
beginning of it, and people who had suffered for years building their own
homes were moved out of those properties and now we don't need it. So,
I'd support this for approval.
Ms. Hippen: Mr.Bourdon,I was the sole person that went out and looked at this property
on our visit,and when I walked in here, I was dead set against it,but you're
one heck of a lawyer, and you made some points to convince me to support
it because you're absolutely right, yes there's a propose, but nothing's in
stone, and Mr. Plumlee asked the question, and I didn't feel that he got an
answer to the question of has city council voted on this. Now this road that's
proposed, okay?
Mr. Bourdon: Unless I missed it, and I don't think I did. They have not voted on a
replacement road for the Southeastern Parkway and Greenbelt with the
exception, because I was there, of the section between Dam Neck and
London Bridge for Amazon,yes,but that's,the only section of this road that
I'm aware of that they've actually voted on,and that's being built by Amazon
and reimbursed the cost of the road by the city, and it's a two lane road.
Ms. Hippen: I am going to vote for this, but my only hesitation,and I have to agree with
my architect friend that the style of home that's going in there is very
different from all the homes all around it. So I just want to interject that,
they're really neat looking, don't get me wrong, but I do agree that the city
either needs to purchase that land or let him develop it.
Mr. Mauch: Could we get clarification from staff about what he just stated,making sure
everything is accurate?
Ms. Warren: Sure. I will give it my best attempt here and I've got Hank Morrison,that's
our comprehensive planning coordinator, but although we have not paid,
designed all of that for a new roadway. This segment is part of the existing
current master transportation plan,which is part of the comprehensive plan
that is currently active. We have not updated either one of those formally
yet,so that's just a point of clarification. This is in both of those documents.
They have not been changed yet.
Ms. Byler: Ms. Warren,when you say they haven't been updated yet, I understand that
that means the new road, whichever it will be, and the new shared use path
hasn't been exactly laid out yet,correct? But the old preservation of the city
maintaining that for the road that we now know won't go in,but still the old
protection is still in place. Is it not?
Ms. Warren: Correct. That's right.
Ms. Byler: So the city basically didn't need to act until it removes that old protection.
Correct?
Ms. Warren: Yes.
Ms. Byler: Okay. Thank you. I just wanted to make sure there wasn't a gap in time
when they have said, all right we're not going to do one, and they've
hesitated to indicate what they're going to do.
Ms. Warren: No, if you recall too, there was a recent presentation made to City Council
where our Public Works Department made a presentation to City Council
about the various segments of the Southeastern Parkway, and what
segments they wanted to remain in effect, and there are three, and this is
one of those.
Ms. Byler: Thank you for the clarification.
Mr. Mauch: So if this were to go forward, is there an alternative path? Has there been
one looked at for the roadway to go through, or would it just be too many
properties to kind of navigate through?
Ms. Warren: So currently,they're looking at the master transportation plan, and I believe
it's only about?
Ms. Byler: What percentage complete?
Ms. Warren: About 40% complete, so I don't believe that they've come up with any
alternative,or if they've been asked to,especially in this area,come up with
an alternative path.
Mr. Alcaraz: All right. Clerk is there any opposition to speak?
Clerk: No sir.
Mr. Alcaraz: I'm just gonna make one little statement. I'm torn with this too because, I
mean,we're here to make a recommendation to city council,and we've been
brought forth some to us that, I think City Council needs to make a move
on. So, I just wanted to say that we're making a recommendation for City
Council. Everyone think straight on this and see what you want to do. All
right, got a motion?
Mr. Plumlee: Yeah, I'll move to recommend this for approval. Let me explain why. We
see right here in the staff report, The City Council has acknowledged that
there is not a need for construction of the Southeastern Expressway. It states
it right in the staff report. Even though it's in the Master Transportation
Plan, that means that's been hanging out over the landowner's rights for all
these years. We are not a condemning authority. Public Works is not a
condemning authority. It is the City Council that is a condemning authority.
Our recommendation is does this meet with infill obligations for
construction of this nature, yes or no? I think it does. That's what we send
up to you. You decide if you want to take it. You know, they indefinitely
deferred taking it up there,seeing what they would do,and now we're saying
make a decision. That's all. Otherwise, I took an oath of office for this
position. I took an oath as an attorney. I'm here to comply with the
Constitution, and I don't see how it complies with the Constitution if our
legislative body haven't, hasn't clarified this very dicey issue for real people
with real ownership interests trying to make housing in a city that
desperately needs housing. So,therefore, I move to recommend approval.
Mr. Alcaraz: I have a motion by Mr. Plumlee, second by Mr. Coston. Are there any
comments before we vote?
Clerk: The vote is now open. By a vote of 8:3 Item #6 has been recommended for
approval.
AYE 8 NAY 3 ABS 0 ABSENT 0
Alcaraz AYE
Anderson AYE
B ler NAY
Cromwell NAY
Coston AYE
Cuellar AYE
Estaris AYE
Hi en AYE
Mauch AYE
Parks NAY
Plumlee AYE
From: tammv caverly
To: Marchelle L.Coleman
Subject: Conditional rezoning of 2044 Aloma Dr.
Date: Monday,June 10,2024 7:56:42 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.
It has come to
my attention that there is talk of building more houses in the woods by my house. I am strongly against this.They
have already built new houses and have torn down the woods for the new power lines for the wind turbine project.
The animals that used to be back there have lost their houses and have no where to go.How many more houses does
the City of Virginia Beach need.We were told those woods were considered wetlands and could not be built on.
Since we have bought our home I have noticed an extreme amount of cracks in the foundation and in our streets.
Massive sink holes and erosion of storm drains.I can't help
but think one day the houses will all succumb to a sink hole with all the excessive building. Please listen to the
residents that are are against this when you make your decisions.
Hoa N. Dao
From: ajteacher@netzero.net
Sent: Tuesday, August 8, 2023 10:54 AM
To: Hoa N. Dao
Subject: Conditional Rezoning Letter for Adekoje PJ 22001, LLC
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.
Subject: Conditional Rezoning Letter for Adekoje PJ 22001, LLC
Good Morning,
I am writing to voice my opinion on the rezoning matter, as it directly affects me as well as my
neighbors. I am NOT in favor of approving this motion and very upset about the prospect of this
happening, for many important reasons.
One of the biggest reasons I purchased this property was the wooded area. If I knew there was a
possibility of having houses built right up behind me, I would not have made the choice of buying this
house and property. Additionally, I was assured at the time that the area of your proposed
development could NOT be touched or built upon as it is protected wetlands. This greatly informed
my final decision to make such an important and pricy purchase. Having come from a more nature-
like area in eastern Long Island, NY, it has always been important to me to live in an area where I
am not right up against other houses and can enjoy a little nature. It has been disturbing enough with
the huge development nearby bordering Princess Anne Road, some of which I can see through the
little bit of woods that are left. I have had a family of foxes in and near my yard, raccoons, deer, and
other wildlife, which greatly adds to the quality of life living here and is a big part of a healthy
ecosystem. The peace I get from the sanctuary of my backyard with the trees and wildlife, especially
after a long hard day of work, would be gone. The proven MANY important benefits of trees would
be gone when they are torn down. Destroying the few woods that are left would reduce the quality of
life for myself and my neighbors and be greatly damaging and detrimental to the environment and
ecosystem for years to come.
I realize that the city's decision to want to build more is about money. However, some things are
much more important than money. Additionally, while short-term it may mean more money, the long-
term harmful consequences could very well cost the city much more in the long-run. I had a choice
where to live - I could have lived in Chesapeake or another surrounding city. But being told that
wetlands would not be built upon, I thought that Virginia Beach would honor that and put both the
environment and the people first. Where I used to live in Long Island, NY (and family still reside),
they take every chance possible to PRESERVE both small and big pockets of land, as they
understand the great importance and benefits for both the environment and the people that live
there. I have both read about this preservation and see it with my own eyes whenever I am up there.
We have seen here in Virginia Beach the many detrimental effects of over-building, including
flooding in areas that never used to flood. Other than money in the hands of a few people, the impact
of building on wetlands would be hugely negative for both the ecosystem and so many people.
I am hoping that you truly consider the whole picture before such a consequential decision is made. I
implore you to do the right thing. In the past few years, I have been more and more disappointed in
1
the ways Virginia Beach loves tax dollars more than the many, many benefits of trees, the
environment, and the people that already live here. I have known many people that have either left,
or, some that had considered moving here that changed their mind due to the excessiveness of
putting the dollar over the environment and quality of life here. More and more people will NOT move
to Virginia Beach if the attitude and approach of tearing down what matters most turns this city into
an even more crowded, more traffic-laden, more flooded, nature-less, too expensive place that no
one wants to live. People are smart - they observe, they see what is going on, and when they have a
choice, they will choose a city where the leaders show they care about all constituents, not just the
rich. Please don't take away the sanctuary of the patch of woods that we have left here. It matters.
Thank you for taking the time to read this. The decision you have to make is a big one, and again I
am hoping you consider all of the consequences. You have a chance to do the right thing for the city,
and a chance to make a big difference in the lives of others. Please help make Virginia Beach a
place people want to live in, not want a place people want to move away from.
Sincerely,
Amy J. Cross
Amy J. Cross
2044 Aloma Drive
Virginia Beach, Virginia 23453
757-343-9866
z
From: Robo Choi
To: Marchelle L.Coleman
Subject: Conditional Rezoning AG-1 Agricultural to Conditional R-10 Residential)
Date: Monday,June 10,2024 3:17:51 PM
c a,,L?l iC)ib: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 evening,
I am writing to voice my opinion on this rezoning matter. I am NOT in favor or
approving this motion. I enjoy the peace and quiet of the wooded area behind my
house and would not like any close neighbors. I have also looked into purchasing
this property myself in the past, to avoid this type of situation happening at
some point. We enjoy many wild animals that live in this small parcel of woods
that is left, after the massive housing complex that has already been built
behind us. It is the new 350 home neighborhood built in the area and it seems as
if it is just too much developing going on in this area.
When we purchased our home in 2001 we were told the wooded area was city
property and protected wetlands. This meant to us that there was no chance of
further development, which convinced us to purchase our house and live here. We
have a nice quiet cul-de-sac and know and trust each of our neighbors. We would
not welcome any additional traffic or houses being built in our small
neighborhood. I have also performed "woods maintenance" over the years by
chopping up fallen trees, protecting turtle nests and other animal activities. I
would not enjoy seeing my years of labor being plowed over to make way for more
home. The area is already over-developed!
Please let me know if I can provide any further information.
Thank you so much,
Robert Rice
2040 Aloma Dr.
757-617-2767
From: Heather Rice
To: Marchelle L.Coleman
Subject: Conditional rezoning by 2044 Aloma Drive Virginia Beach
Date: Monday,June 10,2024 2:51:56 PM
CAUTION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I am writing with concerns about the rezoning hearing of the property behind my
home at 2040 Aloma Drive. When we purchased our home in September 2001,
we were told that the land behind us was zoned for agricultural and could not
have houses built on it. Recently there has been a development built close to us
as well as the clearing of trees for the wind mill turbines project, which has
destroyed the homes of most wildlife. The woods behind our home are filled with
deer, foxes, ospreys, a bobcat, turtles, squirrels, birds, racoons, opossums,
lizards and snakes. By taking away these woods it will take away the homes of
these animals. The developers have already displaced so many animals in this area
that we must protect what little woods are left.
Also, our neighbors back yard is eroding because of the drainage ditch behind
their home. By building even more houses back there will take away all of the
trees and foliage along with roots which will further erode our back yards.
I would like for the Planning Commission to consider all the wildlife displacement
and erosion problems, prior to allowing any further building on this property. It
will create the sure deaths of all wild life in this area. I vote to decline the
request for rezoning this property.
Sincerely,
Heather Rice
From: Ci Verrett
To: Marchelle L.Coleman
Cc: CJ Verrett
Subject: Rezoning property adjacent to 2032 Aloma Drive Virginia Beach
Date: Tuesday,June 11,2024 4:11:03 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.
Greetings,
I am writing this email to express my strong opposition to approving the rezoning of this
property. I enjoy the peace and quiet of the wooded area behind my house and would not like
any close neighbors. I would like to keep the trees to help with land erosion. We enjoy many
wild animals that live in this small parcel of woods that is left,after the massive housing
complex that has already been built behind us.
When we purchased our home in 2003 we were told the wooded area was protected wetlands.
This meant to us that there was no chance of further development,which convinced us to
purchase our house and live here. We have a nice quiet cul-de-sac and know and trust each of
our neighbors. We are not fond of welcoming additional traffic or houses being built in our
small neighborhood.
I vote to decline the rezoning request of this property.
V/R
CJ Verrett
2032 Aloma Dr
757-951-7411
From: Brian McGee
To: Marchelle L.Coleman
Subject: June 12th Public Hearing on Conditional Rezoning of GPIN 1494389822, 1494389445, 1494480354
Date: Friday,May 31,2024 10:58:13 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.
I _--_._ - -- - _
To whom it may concern,
I would like to thank you for the opportunity to have my voice heard regarding the application by
Adekoje PJ 22001, LLC to have the parcels West of Bluegrass Lane and East of 2044 Aloma Drive
rezoned from AG-1 Agricultural to Conditional R-10 Residential.
I have resided in The Woods of Piney Grove neighborhood for thirty years. My wife Lisa and I very
much enjoy spending time outside in our yard watching the various wildlife as well the relative
tranquility of our neighborhood. We see the occasional river otter, deer, and even wild turkeys form
our backyard.
In recent years we have seen over 200 acres of wooded area razed for the construction of 80 new
homes on Princess Annes Road. After the construction of these new homes the noise level at our
home increased dramatically. Because of our proximity to the Municipal Center, fire and police
sirens are frequent. The trees that existed prior to the new construction acted as a significant sound
buffer to the noise from Princess Anne Road as well as the Amphitheater.
With heavy hearts we have been watching many more acres of trees come down to make way for
the overhead power transmission lines for the off-shore wind farm. It is devestating to us to see the
erasure of nature that we have enjoyed from our home for decades.
Planning Commission members, I urge you NOT to allow for the rezoning of this property. The 7.5
acres in question is the last area of refuge for much of our local wildlife and provides a natural
sound barrier between our very serene neighborhood and the hustle and bustle of Princieess Anne
Road and the Landstown shopping area and Amphotheater.
Sincrely,
Mr. and Mrs. Brian McGee
3029 Damascus Trail
Virginia Beach, VA 23453
i
GREEN PARK
Conceptual Master Plan
5 Bluegrass Lane, Virginia Beach VA 23453
WE DATA:
------ _, GPIN: 14943898220000
14943894450000
1494480354M
.- - Total Site Area: t2.11 a.c
Current Zoning: AGt
Prime-zoning _ __-R-10
Proposed Use: Single Family Reolderwel
`-" Min Lot Area: 21,500 s.f.
-�' -' ,-•� � —__ Min Lot Width: 80
Fred Setback: 30'
Side Setback 10'
Rear Setback 27
Total Lot Proposed 3
Open Space Provided: t85,095 SF OR 92.3%
ft
Im
��� lA.-l1iMlT
M.Of! e
• 7' 'r,
s
i
M y.
TYPICAL SECTION (56 R,"
( sn
ALTERNATIVE CONCEPT PLA -
e ;:
AA 1�l��ie
L. APPOINTMENTS
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP
URBAN AGRICULTURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
*************************
The Agenda(including all backup documents) is available at https://clerk.virginiabeach. og v/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(cvb ov�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/weblink/register/r3f8585 85a5b594306952d3 eO7c4652b5
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
October 1, 2024.
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B H S
E U S
DATE:09/17/2024 PAGE: I R T H C
L H C R A H T W W
U E H E M R U A 1 O
C D N E M M O L Y L O
C Y L S 1 O U M L S T
AGENDA H E E O C N S A O O E
ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N
1. CITY MANAGER'S BRIEFING
A. EMERGENCY MEDICAL SERVICES Chief Jason Stroud
STRATEGIC PLAN AND INITIATIVES
II.- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
VII.
A-F
G. MINUTES
1. INFORMAL AND FORMAL SESSIONS APPROVED 10-1 Y Y N Y Y Y Y Y Y Y Y
September 3,2024
2• SPECIAL FORMAL SESSION APPROVED 10-1 Y Y N Y Y Y Y Y Y Y Y
September 10,2024
H. MAYOR'S PRESENTATION
1. PROCLAMATION—HUNGER ACTION
MONTH AND HUNGER ACTION DAY
Christopher Tan,President and CEO—
Foodbank of Southeastern Virginia and the
Eastern Shore
I. PUBLIC HEARINGS
1. MANAGEMENT OF CITY PROPERTY 1 SPEAKER
2044 Landstown Centre Way/Sportsplex and
Field Hockey Complex
2. ACQUISITION OF AGRICULTURAL LAND 0 SPEAKERS
PRESERVATION(ARP)EASEMENT
Installment Purchase Agreement for 152.96
acres at 1368 Pleasant Ridge Road
3. ACQUISITION,BY AGREEMENT OR 0 SPEAKERS
CONDEMNATION
Robinson Road Improvements Project,CIP
100347.032
K.1. Resolution to DESIGNATE October 9,2024 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
as PANDAS and PANS Awareness Day and CONSENT
to DIRECT the City Manager to illuminate
Building 30 and the Virginia Beach
Convention Center with green lighting
(Requested by Mayor Dyer)
K.2. Ordinance to ADD City Code Section 21-307 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
reauthorize enforcement of parking CONSENT
regulations in facilities owned by the City of
Virginia Beach Development Authority and
set a fee for removal of a vehicle
immobilization device
K.3. Ordinance to REPEAL Chapter 30,Article III, ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Erosion and Sediment Control and Tree CONSENT
Protection and Appendix D,Stormwater
Management and ADOPT and REORDAIN
Appendix D,Erosion and Stormwater
Management
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B H S
E U S
DATE:09/17/2024 PAGE: 2 R T H C
L H C R A H T W W
U E H E M R U A I O
C D N E M M O L Y L O
C Y L S I O U M L S T
AGENDA H E E O C N S A O O E
ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R N N
KA. Ordinance to AMEND the Economic ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Development Investment Program("EDIP") CONSENT
Policy and Procedure
K.5. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
to EXECUTE a Lease for up to five(5)years CONSENT
with the United States Coast Guard re 36+/-
square foot portion of City property located
on the Jetty on the North side of Rudee Inlet
K.6. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
the conditions re closing a 750 square foot CONSENT
portion of an unimproved lane adjacent to
the rear of 200 76"Street
K.7. Ordinance to ESTABLISH Capital Project ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
#100684,"Seatack Park Improvements,"and to CONSENT
APPROPRIATE S3-Million in Public Facility
Revenue Bonds
K.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$719,970 from the Federal Emergency CONSENT
Management Agency to the FY2024-25 Fire
Department Operating Budget re continued
operation of the Virginia Task Force 2
Urban Search and Rescue Team
K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$467,000 from the Police Federal&State CONSENT
Seized Assets Special Revenue Fund to the
FY2024-25 Police Department Operating
Budget re police equipment and training
K.10 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$122,600 from the Virginia Department of CONSENT
Motor Vehicles(DMV)to the FY2024-25
Police Department Operating Budget re
overtime and equipment expenses related to
the seatbelt and speed enforcement and
AUTHORIZE a 50%in-kind grant match
K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$55,450 from the Virginia Department of CONSENT
Motor Vehicles(DMV)to the FY2024-25
Police Department Operating Budget re
overtime,training,and equipment expenses
related to the DUI enforcement and
AUTHORIZE a 50%in-kind grant match
K.12 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$81,861.55 and an additional$2,455.85 from CONSENT
the Federal Emergency Management Agency to
the FY2024-25 Fire Department Operating
Budget re mobilization of Virginia Task
Force 2 for wildfires in New Mexico
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B H S
E U S
DATE:09/17/2024 PAGE: 3 R T H C
L H C R A H T W W
U E H E M R U A I O
C D N E M M O L Y L O
C Y L S 1 O U M L S T
AGENDA H E E O C N S A O O E
ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R N N
K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$19,538.76 and an additional$586.16 from the CONSENT
Federal Emergency Management Agency to the
FY2024-25 Fire Department Operating Budget
re mobilization of Virginia Task Force 2 for
a tropical disturbance in Puerto Rico and
REIMBURSE$2,000 to the Federal
Emergency Management Agency for the
overpayment re 2020 Puerto Rico
Earthquake deployment
K.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$66,112.23 and an additional$1,983.37 from CONSENT
the Federal Emergency Management Agency to
the FY2024-25 Fire Department Operating
Budget re mobilization of Virginia Task
Force 2 for Tropical Cyclone Beryl in Texas
K.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$12,320 and an additional$369.60 from the CONSENT
Federal Emergency Management Agency to the
FY2024-25 Fire Department Operating Budget
re mobilization of Virginia Task Force 2 for
Tropical Cyclone Beryl in Puerto Rico
K.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$1,000 from the Virginia Department of CONSENT
Emergency Management to the FY2024-25
Emergency Communications and Citizen
Services Operating Budget re Public Safety
Answering Points(PSAP)education
program
K.17. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$250 from the Virginia Alcoholic Beverage CONSENT
Control Authority's Youth Alcohol and Drug
Abuse Prevention Project to the FY2024-25
Parks and Recreation Operating Budget re
Youth Alcohol and Drug Abuse Prevention
Project
L.1. MARY LIVELY for a Variance to Section DENIED 9-2 Y Y N Y Y Y Y Y N Y Y
4.4(b)of the Subdivision Regulations re
construct a single-family dwelling for a
parcel directly East of l 140 Rollingwood Arch
and North of 989 Autum Harvest Drive
DISTRICT 1
L.2. TIMOTHY PAASCH / OCEAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
RESCUE SERVICE INC for a Special CONDITIONED,BY
Exception For Alternative Compliance re CONSENT
low-speed vehicle storage at 1804 Arctic
Avenue DISTRICT 6
L.3. GORDON R. CRENSHAW & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
HANNAH I.CRENSHAW for a Street CONDITIONED,BY
Closure re approximately 6,327 square CONSENT
feet of an unimproved portion of
Windsor Road adjacent to 1217 North
Bay Shore Drive DISTRICT 6(Deferred
from August 13,2024)
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B H S
E U S
DATE:09/17/2024 PAGE: 4 R T H C
L H C R A H T W W
U E H E M R U A 1 O
C D N E M M O L Y L O
C Y L S 1 O U M L S T
AGENDA H E E O C N S A O O E
ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N
LA. OUR LADY OF PERPETUAL HELP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
CENTER,INC.for a Modification of MODIFIED
Conditions to a Conditional Use Permit re /CONDITIONED,BY
increase the number of units from 120 to 124 CONSENT
and to expand the building by 16,850 square
feet at 4560 Princess Anne Road DISTRICT I
L.5. DOGS REAL ESTATE,LLC for a APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y
Conditional Use Permit re residential kennel CONDITIONED,BY B
at 3449 Robinson Road DISTRICT 2 CONSENT S
T
A
I
N
E
D
1_6. ROBERT JESSUP/ROBERT& APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
JENNIFER A.JESSUP for a Conditional Use CONDITIONED,BY
Permit re home occupation at 2940 Dante CONSENT
Place DISTRICT 3
L.7. DANIELLE GOOD/STAR REAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
ESTATE LLC for a Conditional Use Permit re CONDITIONED,BY
tattoo parlor at 397 Little Neck Road CONSENT
DISTRICT 8
L.8. Ordinance to ADOPT a new Official ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Zoning Map,which shall replace the CONSENT
existing Official Zoning Map,due to a
change in the computer mapping
format used to store the map data and
develop the printed copies.There are
no changes to the Zoning District or
their existing locations between the
current and proposed maps
M. APPOINTMENTS RESCHEDULED 11-0 Y Y Y Y Y Y Y Y Y Y Y
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS
ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA INDUSTRIAL
FACILITY AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
STORMWATER MANAGEMENT
IMPLEMENTATION ADVISORY GROUP
URBAN AGRICULTURE ADVISORY
COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY
TASK FORCE
AGRICULTURAL ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMISSION Ryan Dudley
4 Year Tenn
10/l/2024—9/30/2028
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B H S
E U S
DATE:09/17/2024 PAGE: 5 R T H C
L H C R A H T W W
U E H E M R U A I O
C D N E M M O L Y L O
C Y L S 1 O U M L S T
AGENDA H E E O C N S A O O E
ITEM# SUBJECT MOTION VOTE 1 R Y N K. D E N R N N
BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
William C.Trower
Windy Crutchfield
3 Year Term
9/17/2024—8/31/2027
GREEN RIBBON COMMITTEE Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
William Almond—
Representing
Landscape Architect
Jason Barney—
Representing
Environmental
Community
Robert Bourdon—
Representing
Environmental
Attorney
Karen Forget-
Representing
Environmental
Community
Emily Steinhilber-
Representing
Environmental
Community
3 Year Term
11/l/2024—
10/31/2027
PARKS AND RECREATION COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Larry T.Altman—
Representing District 2
3 Year Term
9/17/2024—8/31/2027
TRANSITION AREA/INTERFACILITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
TRAFFIC AREA CITIZENS ADVISORY William Brunke—
COMMITTEE Representing
Development Authority
3 Year Term
9/17/2024—8/31/2027
Layla Kukharev
Student Term
9/17/2024—6/30/2025
VIRGINIA BEACH COMMUNITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
DEVELOPMENT CORPORATION Matthew Hamaker
Unexpired tern thru
12/31/2027
WETLANDS BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
D.Paul Holley—
Alternate Member
5 Year Term
9/l/2024—8/31/2029
N. UNFINISHED BUSINESS
wd ML iNmvKHIIOPQV A
SS3NISn8 M3N 'O
N N N N 3 4 N N A 2I I 3.LOA NOI.LOW 1O3fHns #W3.LI
3 O O V s N 0 O 3 3 H VQN3oV
y s 1 W n O I s 1 A 0
O 1 A 1 O W W 3 N Q 0
O I V n N W 3 H 3 fl
M M I H V N 0 H 1
0 H I 'd 9 :3JVd bZOZ/LI/60:3LVQ
s n 3
s H fl
s
O SA(OLIJV 7IJA(IlOJ JO AMVKKI7S
Id HJN,7B NIA/IJZIIA 40 AID